RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UZB/4
20 April 2001
(01-1999)
Working Party on the
Accession of UzbekistanOriginal:  English
ACCESSION OF UZBEKISTAN
Additional Questions and Replies
The Government of Uzbekistan has submitted the following replies to additional questions
raised by Members.
_______________
CONTENTS
Question
NumberPage
Number
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN
TRADE
2. Economic Policies
(a) Main directions 1-9 1
(b) Monetary and fiscal policies 10 4
(c) Foreign exchange and payments system, relations with
International Monetary Fund, application of foreignexchange controls if any11 6
(d) Foreign and domestic investment policies 12-13 7
(e) Competition policies 14 8
(f) Privatization policies 15-16 9
III. FRAMEWORK FOR MAKING AND ENFORCING
POLICIES AFFECTING FOREIGN TRADE IN GOODS
AND TRADE IN SERVICES
3. Division of authority be tween central and sub-central
governments17-18 11
6. Description of judicial, arbitral or administrative tribunals or
procedures, if any19-22 12
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(a) Registration requirements  for engaging in importing 23-36 14
(b) Characteristics of national tariff 37-48 19
(c) Tariff quotas, tariff exemptions 49-51 22
(e) Quantitative import restrictions, including
prohibitions, quotas and licensing systems52-61 23
(g) Other border measures, e.g. any other schemes that
have border effects similar to those of the measures
listed under (e) above62-64 26
(h) Customs valuation 65-78 26
(j) Pre-shipment inspection 79-83 32
(k) Application of int ernal taxes on imports 84-95 34WT/ACC/UZB/4
Page ii
Question
NumberPage
Number
(l) Rules of origin 96-97 41
(m) Anti-dumping regime
(n) Countervailing duty regime98 42
(o) Safeguard regime 99 42
2. Export Regulation 100-105 43
3. Internal policies affect ing foreign trade in goods
(a) Industrial policy, including subsidy policies 106-109 47
(b) Technical regulations and standards, including
measures taken at the bord er with respect to imports110-123 49
(c) Sanitary and phytosanitary measures, including
measures taken with respect to imports124-132 52
(e) State-trading practices 133-150 54
(l) Government procurement pr actices, including general
legal regime and procedures for tendering, dealing
with tenders and award of contracts151-152 61
4. Policies affecting foreign trade in agricultural products 153 61
(b) Exports 154-155 62
(e) Internal policies 156-159 62
V. TRADE-RELATED INTELLECTUAL PROPERTY
REGIME
1. General
(a) Intellectual property policy 160 64
(b) Responsible agencies for policy formulation and
implementation161-164 65
(c) Membership of internat ional intellectual property
conventions and of regional or bilateral agreements165 68
(d) Application of national and m.f.n. treatment to foreign
nationals166-168 69
2. Substantive standards of protection, including procedures for
the acquisition and maintenance of intellectual property rights
(a) Copyright and related ri ghts, including rights of
performers, producers of phonograms and
broadcasting organizations169-173 71
(b) Trademarks, including service marks 174-176 75
(c) Geographical indications, including appellations of
origin177 77
(d) Industrial designs 178 77
(g) Layout designs of integrated circuits 179 78
(h) Requirements on undisclosed information, including
trade secrets and test data180-182 78
(i) Any other categories of intellectual property 183 79
3. Measures to control abuse of  intellectual property rights 184 79
4. Enforcement
(a) Civil judicial procedures and remedies 185-187 80
(b) Provisional measures 188 82
(d) Any special border measures 189-191 82
(e) Criminal procedures 192 83WT/ACC/UZB/4
Page iii
VI. TRADE-RELATED SERVICES REGIME
1. General 193 83
2. Policies affecting Trade in Services 194 84
3. Market Access and National Treatment 195-197 84
4. Most-Favoured-Nation Treatment 198-216 85
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC
RELATIONS WITH THIRD COUNTRIES
1. Bilateral or plurilateral agreements relating to foreign trade
in goods and trade in services217 94
2. Economic integration, customs union and free-trade area
agreements218-219 94WT/ACC/UZB/4
Page 1
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE
2. Economic Policies
(a) Main directions
Question 1.  
Pricing Policy.  Uzbekistan states in this sectio n that the transition to price liberalization is
being implemented on a stage-by-stage basis, it has almost finished. WT/ACC/UZB/2 states that
only few products are still subject to direct price regulation and claims that the process is
basically over.  Would Uzbekistan describe recent developments and progress in the elimination
of price controls?
Answer:
Currently, there is no direct price control system in Uzbekistan.
In accordance with the Resolution of the Cabinet of Ministers On Measures of Price Liberalization
dated 10 January 1992 since the mentioned period Uzbekistan is tackling gradual, step-by-step
transition to mainly free prices, and practice of tariff regulation for commodities of production and
technical designation, consumer goods, works and services.
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan № 165 dated 31 March 1997
provides for state regulation of prices and tariffs exclusively with regard to commodities (products,services) of the enterprises that are natural monopolists.
At the same time, it is necessary to emphasize that, currently a complex of measures related to further
reforms in the aforesaid areas are being carried out in the Republic of Uzbekistan.
Question 2.  
Please list the products currently subject to in direct price regulation produced by enterprises
classified as monopolists in the Register of Mo nopolistic Enterprises maintained by the Ministry
of Finance.
Answer:
The following types of products are subject to non-direct price regulation by monopolist enterprises of
the Republican State Register:
- Equipment for agricultural enterprises (tractors, trailer, ploughs, harrows, mowers, cultivators,
compressors, etc.);
- Light industry products (bathrooms, washers, slates, concrete, tubes, roofing, etc.);
- Foodstuffs  (tea, spirits, mayonnaise, margarine, etc.);
- Pharmaceuticals (bandage, liniment, tablets, vaseline, novocaine, etc.);
- Chemical products (ammonia nitre, carbamide, ca prolactam, super phosphate, acetic acid, etc.);
- Electric products (elevators, cables, transformers, etc.);
- Furniture (kitchenware, furniture glassware, etc.);
- Oil and gas products (gasoline, black oil, diesel oil, gas, etc.);
- Air- and auto transportation services (transportation of cargoes and passengers);
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №231 dated 7 May 1997, the
Ministry of Finance approves of the price list of procurement prices for locally grown wheat.WT/ACC/UZB/4
Page 2
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №396 dated 14 August 1997,
the Ministry of Finance approves of the price list of procurement prices for raw cotton.
The gasoline prices are specified by the Resolution of the Cabinet of Ministers of the Republic of
Uzbekistan.
In accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №455
dated 8 September 1994, and Resolution of the Cabinet of Ministers of the Republic of Uzbekistan
№165 dated 31 March 1997, Council of Ministers of the Republic of Qoraqalpoghiston, khokimiyats
(local governments) of the provinces, State Asso ciation “TashGor PassTrans” with approval of the
Ministry of Finance of the Republic of Uzbekistan specify the marginal rates of tariffs for urban
passenger transport.
Question 3.  
Please list those subject to any similar controls (i.e. indirect or direct price controls) by local
governments ("khokimyats") and entered in the local registers of regional financial
departments.
Answer:
The following types of products are subject to non-direct price regulation on monopolist enterprises
on local level:
- Foodstuffs (bakery products, meat, milk, cheese, dried fruits, tinned products, mineral water, etc.);
- The products of home industry (china wo rks, pots, pans, and consumer goods);
- Local building materials production (crushed stone, bricks, gravel, tiles, construction blocks, etc.);
- Services (supply, hotels, tourist, typographical, etc.);
Question 4.  
Please list any other price controls, including those applied to “natural monopolies”.
Answer:
The State Committee on De-monopolization and Development of Competition carries out the control
over the prices of consumer goods included in the Re gister of goods to be declared (including flour,
sugar, vegetable oil) by giving approval of the declared prices.
In accordance with the reviewed version of the Law of the Republic of Uzbekistan On Natural
Monopolies (dated 19 August 1999 №815-1), the price regulation of business operation of entities of
natural monopolies is carried out by authorized state body (The State Committee on De-
monopolization and Development of Competition).
To set the prices (tariffs) for products and/or services, entities of natural monopolies submit to the
State Committee on De-monopolization and Development of  Competition tentative prices (tariffs) and
calculations pursuant to the rule stipulated by the Cabinet of Ministers of the Republic of Uzbekistan.
Tentative prices (tariffs) for products of natural monopolies are considered by the State Committee on
De-monopolization and Development of Competition within one week, with account of their impact
to the prices for goods produced for consumers.WT/ACC/UZB/4
Page 3
Question 5.  
Please list the names and HS numbers for the 20 generic pharmaceuticals for which prices are
regulated by the Government.
 Answer:
Product Position in the harmonized scheme
Aspirin 300490190 291822
Analgin 300490190
Boric liniment 300490190
Bandage aseptic 300590990 3005
Validol 300490190
Mustard plaster 300590110/300590190
Levomycetin 300590310
Valerian tincture 300440100
Dibasol 300490190
Nitroglycerin 300490190
Tincture  of iodine 300490110
Papaverine 300440100
Ammoniac solution 300490190
Senadeksin 300490190
Zufillin 300440100
Ferramid 300490190
Blakstonia 300490190
Medical cotton 300590990 3005
Dimedrol 300490190
Novocain for injections 300490190
Question 6.  
Please provide a copy of Resolution № 80 "On Measures of Tariff Regulation" of the Cabinet of
Ministers of 24 February 1998
Answer:
Available under document WT /ACC/UZB/4/Add.1 (Ref. No. 1).
Question 7.  
Uzbekistan states that flour, sugar and vegetable oil are still subject to a rationing system.Please provide details on the scope and operation of the rationing system. Does Uzbekistan
foresee elimination of these controls in the fu ture? Are the prices of rationed products, e.g.,
flour, sugar and vegetable oil, controll ed in conjunction with the rationing?
Answer:
Since 1 January 1995 rationing system of sales of consumer goods is not practiced in the Republic of
Uzbekistan.WT/ACC/UZB/4
Page 4
Question 8.  
"Cost recovery" pricing is not the same as market pricing, but rather reflects a guided or
mandated price that, in the eyes of the price-sett ing agency, approximates the cost of production
and delivery.  Please list the products which Uzbekistan considers subject to "cost recovery"
pricing.
Answer:
“Cost recovery” price reflects the cost of commodity, which includes:
- production (sale) expenses, including wages, raw materials costs, overhead expenses;
- taxes and other mandatory payments;
- costs of major production means, depreciation costs;
- forecasted amount of profit from sale of goods on different prices (tariffs);
- remoteness of various types of consumers from the location of production site;
- conformity of quality of produced (sold) products to the consumers’ demand;
- government subsidies and other measures of government support, if there are such measures.
Such approach is applied to all commodities includ ed in the Register of goods to be declared.
Question 9.  
In the section on currency convertibility, Uzbeki stan states that licensed importers are subject
to price controls (10 per cent maximum import  mark-up for wholesalers and 20 per cent for
retailers).
Please describe the system in more detail and relate it to the other price controls.
Answer:
This restriction of retail margin is no longer practiced. Currently, a new fiscal method of regulation of
economic efficiency of trade enterprises-importers is being applied. Tax rates on their gross income
are differentiated depending on the amount of profit gained.
(b) Monetary and fiscal policies
Question 10.  
WT/ACC/UZB/2 states that there are 32 "comme rcial banks" and that four banks include
participation of foreign capital and that there are six private banks in Uzbekistan.
Please provide additional information on th e current structure of Uzbekistan's banking
industry, including but not limited to the following:
What are the levels of foreign ownership in the four banks with foreign capital?
There are about 20 commercial banks not accounted for in the paper. Are these banks still
wholly or partially state-owned?
What plans exist for privatizing the remainin g state banks, including NBU and the People's
Bank?WT/ACC/UZB/4
Page 5
Answer:
The Resolution of the President of the Republic of Uzbekistan On Measures of Improving Activities
of Joint-Stock Commercial Banks dated 2 October 1998 envisages reduction of state share in charter
capitals of banks that have been established with participation of the state resources to 50 per cent.
Moreover, in accordance with the Resolution of the Cabinet of Ministers of the Republic ofUzbekistan №24 dated 15 January 1999 there was developed programme of reforming the banking
system of the republic, which also provides for step-by-step reduction of state share to complete
eradication.
In 1999 the Republican commission on reforming the banking system was created. Within the
commission, there is a sub-commission, on denationalization and privatization of commercial banks,
operating activities on attraction of investors to participate in charter capitals of banks through
reduction of state share, introducing proposals for development of secondary stock market andcreating the system for quotation of commercial banks’ shares.
Presently, 36 commercial banks and 800 of their subsidiaries and branches, located within the
republic, have operations in Uzbekistan.
In particular, out of 36 above-mentioned banks, there are:
- 1 state bank (fully state owned);
- 4 state joint-stock banks (banks in founding which the state performed as major shareholder. It is
necessary to underline that as the result of reforms on de-nationalization of banks, there is an
ongoing process of reduction of the state share in the charter capital. Thus, at present the state
share in charter capital of the housing savings bank “Uzjilsberbank” is 14 per cent);
- 15 joint-stock commercial banks (the charter capital of which have been formed through funds of
legal bodies and individuals);
- 4 banks with foreign capital participation (banks with foreign share of not less than 30 per cent in
charter capital); the share of foreign shareholder banks in charter capital constitutes: Uzbek-
Korean “UzDaewoo Bank” – 90 per cent, ABN AM RO Bank NBU JSC – 70 per cent, Uzbek-
Turkish Bank – 50 per cent, Uzprivatbank – 36  per cent
- 2 subsidiaries of foreign banks (banks which charter capital have been fully paid by foreign
bank);
- 10 private banks (banks with share of individuals in charter capital of not less than 50 per cent,
the rest capital may by formed at the expense of contributions of non government legal bodies);
It is necessary to note, that almost all banks except for National Bank for Foreign Economic Activity,
are joint stock companies. In accordance with th e Resolution of the Cabinet of Ministers of the
Republic of Uzbekistan №511 dated 26 November 1999 On Measures on Denationalization and
Privatization of Enterprises with Attraction of Foreign Investors in 2000-2001, the National Bank for
Foreign Economic Activity is included into the list of entities with the stake of shares is subject to sell
to foreign investors. Sale of 40 per cent of shares of the bank’s charter capital to foreign investors on
case-by-case projects is foreseen.
It is necessary to emphasize, that out of 36 banks, the state share in charter capital exists only in 8
following banks:
- National Bank for Foreign Economic Activity of the Republic of Uzbekistan – 100 per cent (40
per cent of which intended for sale to foreign investors);
- People’s Bank – 100  per cent;
- Asaka Bank – 98.33  per cent (22 per cent of shares envisaged for sale to foreign investors);
- Zaminbank – 77.34  per cent;
- Tadbirkorbank – 42.30  per cent;WT/ACC/UZB/4
Page 6
- Uzjilsberbank – 14  per cent;
- Privatbank – 13  per cent;
- Aviabank – 3.17  per cent.
Currently, Uzbekistan is conducting measures on attracting foreign international financial consultants
for privatization of the above-mentioned banks.
(c) Foreign exchange and payments system, relations with International Monetary Fund,
application of foreign exchange controls if any
Question 11.  
The December 1996 imposition of exchange controls  has severely hampered international trade
and posed a disincentive to foreign direct investment, as well as prompting the IMF to suspend
their stand-by arrangement with the Uzbek government. The lack of a convertible currency
continues to be a major stumbling block to further growth of international trade withUzbekistan. In particular, the current requirements for surrender of a certain percentage of a
hard currency transaction is a major barrier to trade.
Is there a date set by which the Uzbekistan! Su m will be freely convertible in the current
account? In the capital account?
What, in Uzbekistan's view, are the costs of ma intaining this exchange-control regime, versus
the benefits?
What are Uzbekistan's plans for the disposition of its currency-surrender requirement? When
do the authorities plan to waive, su spend, or eliminate these controls?
Answer:
The monetary policy tackled in the republic, is primarily aimed at creation of prerequisites required to
provide the convertibility of the national currency on current international transactions. Upon creation
of necessary economic conditions and expansion of areas of foreign economic activity, with due
consideration of the experience of other countries, current legislation and rules of exchange controls
are constantly reviewed.
The Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №118 from dated 18 March
1998 On Measures to Deepen Cooperation with International Monetary Fund has established working
group on development of complex approach in realization of measures on further liberalization of
currency and foreign trade systems.
Presently, there has been developed a set of stage-by-stage measures aimed at liberalization of
exchange market, including the measures of preparation and introduction of convertibility of national
currency on current transactions in the nearest perspective.
The Draft Programme of liberalizing exchange market submitted for consideration to the Cabinet of
Ministers, in particular provides for:
- step-by-step unification of official, exchange and off—the-counter rates in the year 2000;
- step-by-step expansion of types of transactions on sale of foreign currency to legal bodies and
individuals;
- revision of licensing and quotation systems on domestic exchange market;
- gradual reduction of the amount of mandatory surrender of a part of export gain and others.WT/ACC/UZB/4
Page 7
These measures have already begun to be impl emented. Since 1 May 2000 official and commercial
exchange rates have been unified, fact that stands for another step forward in the process of further
liberalization of currency and financial market of the Republic of Uzbekistan towards introduction of
convertibility on current accounts. The Government Resolution, establishing since 1 July 2000 new
rules on exchange of freely convertible currency in exchange offices of authorized commercial banks,became another important contribution into the process of liberalization of currency market.
In accordance with last decisions of the Government the market of currency transactions is liberalized
considerably both for importers and population. Currently, calculations with mentioned persons incur
agreed rate of sale and purchase of foreign currency. A 5 per cent tax for the purchase of the foreign
currency has been abolished.
(d) Foreign and domestic investment policies
Question 12.  
Given the dependence of Uzbekistan's economy on the export of commodities (gold, cotton,
copper), the world prices for which have fallen steadily in the past several years, would it not
benefit the Uzbek economy to be more open to foreign direct investment in these sectors?
Answer:
The legislation of the Republic of Uzbekistan does not provide for any restrictions on organizational
legal forms of activities of foreign investments. Foreign companies are participants of security
markets, real estate. They are also free to choose any forms, volumes, and directions of their
investments with access to any areas of economy, except for natural monopolies and military
complex.
Access to direct foreign investments for the mentione d product sectors is provided in different ways,
including the establishment of joint ventures, among which are many enterprises created by the US
shareholders, functioning in the above mentioned areas, for example:
- Uzbek-American joint venture “Zarafshan – Newmont” in form of limited liability company –
production and sale of gold in world markets (established in 1992);
- Uzbek-American joint venture “Supertextile” – production of high grade cotton yarn, raw material
is cotton fibre (established in 1992);
- Daughter company “Markaziy Osie Uruglik Compan iyasi of American “Elsut International Inc.”
– growing of cotton plant, cotton seed-growing (established in 1997);
- Uzbek-American joint venture “Alisher Navoi In ternational” in form of closed joint-stock
company – processing and production of cotton products (established in 1997).
Question 13.  
Please provide more information on any rest rictions that exist under laws relating to
enterprises, investments, foreign investments 01 other spheres that would affect the ability of
foreign service suppliers to establish and prov ide services in the Uzbekistan market, for
example, restrictions that might exist on the type of legal entity (e.g., requiring joint-ventures,
not allowing branches) or amount of foreign equi ty, the number of service suppliers, application
of taxes, contract registration, business registration, or licensing.WT/ACC/UZB/4
Page 8
Answer:
There are no restrictions on participation of foreign capital in the economy of Uzbekistan. The
Government of the Republic of Uzbekistan is running measures on attracting foreign investments into
the priority areas of the national economy, including area of services.
Laws On Foreign Investments, On Guaranties and Measures for Protection of Foreign Investors’
Rights, On Investment Activity of the Republic of  Uzbekistan adopted in 1998 can be brought as an
example of the aforesaid.
The rules on establishment of legal bodies, regulation of their activities is regulated by the Chapter 4
of the Civil Code of the Republic of Uzbekistan, and there are no restrictions on establishment of the
specific types of legal persons.
Moreover, in accordance with the Resolution of the Cabinet of Ministers of the Republic of
Uzbekistan №336 dated 2 July 1997 On System of Establishment, State Registration and Liquidation
of Enterprises with Foreign Investments in the Republic of Uzbekistan, the main condition of
considering such company as an enterprise with foreign investment is the size of the capital assets,
which should be not less than US$150,000 and the share of foreign participation should be not less
than 30 per cent. Foreign legal body is supposed to be one of the participants of the entity.
Consequently, there are a number of benefits aimed to stimulation of activities of such enterprises.
(e) Competition policies
Question 14.  
Please review GATS Article VIII (Monopolies and Exclusive Service Suppliers) and provide
information on how Uzbekistan is complying,  or is taking steps to comply, with the
requirements of that Article.
Answer:
In Uzbekistan, there are legislative norms, specifying organizational and legal foundations of
preventing, restricting and suppressing monopolistic behavior and unfair competition aimed at
providing the necessary conditions for establishment and effective development of competitive
relations on markets.
In particular, the Law of the Republic of Uzbekist an On Competition and Restriction of Monopolistic
Activity on Trade Markets covers all practices affecting competition on trade markets of the country,
in which foreign or local legal and natural persons are engaged. The Law also applies to the activities,
where actions and agreements respectively, performed by legal entities and government bodies
outside Uzbekistan, lead or may lead to the restriction of competition or result other adverse
consequences on trade markets of the Republic of Uzbekistan.
Also, with the purpose of establishing the legal framework of international relations, the present Law
stipulates that if international agreements foresee provisions other than this Law, then the provisions
of international agreement apply.
Above mentioned measures show that activities of  monopoly service suppliers are strictly regulated
by relevant normative acts of Uzbekistan and international laws although, item 2 of Article II of the
GATS referred to in the Article VIII, contains the provision that “the member may preserve themeasure inconsistent with paragraph 1 provided such measure is in the list of exemptions, and meets
the requirements of the Annex on Article II Exemptions”.WT/ACC/UZB/4
Page 9
(f) Privatization policies
Question 15.  
Please provide more detail on whether and in which services sectors large- and medium-scale
enterprises will be privatized (e.g., in telecom sector, financial services sector, distribution
(wholesaling and retailing) sector, energy sector, transport sector).
Please provide more detail on the ability of foreign investors to participate in such privatization.
Is it possible for foreign shareholders to gain 100 per cent of shares in certain sectors or of
certain enterprises?
Answer:
Considering the experience of transition of many developed countries to the free market, Uzbekistan
have applied own approaches to realization of privatization and development of multi-tier economy,
taking into account the peculiarities of Uzbekistan, mentality of the people, local traditions andcustoms.
Since 1998 the process of privatization of natural monopolies in such areas as:
- electric energy;
- gas extraction and supply;
- extraction of mineral resources;
- telecommunications.
The program has been started on strengthening the process of privatization in the area of building
materials production and banking sphere are being developed.
Foreign investors are actively encouraged to participate in the process of privatization and
denationalization of state property.
The Resolutions of the Cabinet of Ministers of the Republic of Uzbekistan ( №477 dated
18 November 1997) On Measures on Encouragement of Participation of Foreign Capital in
privatization of state property and On Measures on Privatization of Enterprises with Encouragement
of Participation of Foreign Investors in 2000-2001 ( №511 dated 26 November 1998) provide for
application of principally new approach towards the attraction of strategically important investorsthrough:
- individual privatization of medium and large scale enterprises;
- sale of large enterprises and facilities to foreign investors;
- sale of shares (up to 85-90 per cent) of existing joint-stock companies;
- greater guarantees providing foreign investors with additional on conversion of their income,
yielded from securities of Uzbek issuers;
- reduction of state share and additional issuance of securities of move stable issuer in order to
comply with the requirements of foreign securities exchanges.
Implementation the programme of privatization of large enterprises with participation of foreign
investors engages the active co-operation with the World Bank.
Within the framework of the aforesaid World Bank project privatization of large enterprises with
involvement of financial consultant (determined through international tender bids) is carried out forthe first time.WT/ACC/UZB/4
Page 10
Currently, in Uzbekistan, the enterprises in the sphere of telecommunications and transport are
transformed into joint stock and limited liability companies.
In 1999-2000, out of the enterprises in the energy sector, the privatization with foreign investors of
such large enterprises as “Uzbekenergoremont”, “Kuvasaiskaya GRES” and mid-size enterprises such
as “Djizakteploset”, “Tashteplocentral”, “Ferteploset” is being planned.
The sale of facilities is carried out through tender bids or contents. Bids on privatization of enterprises
and purchase of shares of Uzbek companies should be submitted not later the dates indicated in tender
advertisements and considered on the session of the State Customs Committee. In taking decision
with regard to submitted bids, preference is given to investors proposing the development of
production of the enterprise being bought and sale of its products on foreign markets. Information
(advertisements) about tenders is published in international and local mass-media outlets.
With deepening economic reforms in agricultural sector, there is an ongoing stage-by-stage
privatization of this sector.
Privatization of medium and large-scale enterprises is being carried out through transformation of
state enterprises into joint-stock companies with the state share in the charter fund of a company at 25
per cent.
Aiming to attract foreign investments in privatizati on of state property, ensure protection of the rights
and interests of foreign investors, the Government of the Republic of Uzbekistan has taken relevant
measures and decisions.
In accordance with Article 5 of the Foreign Investment Law of the Republic of Uzbekistan, foreign
partners are entitled to invest through:
- Purchase of a property, shares, and other securities, including promissory notes issued by the
residents of the Republic of Uzbekistan.
- Purchase of the property rights on trade and service sector, housing along with the land plots, on
which they are located, and the rights of possession and use of the land (including inter alia the
rights based on the leasing) and natural resources.
Question 16.  
One provision of the Land Code allows foreign legal and physical persons (including
companies), the rights to own plots of land when they are acquired with premises on same land.
Please provide more detail on how this has worked and will work in practice with regard to the
ability of foreign suppliers of services to obtain land and premises for business activity.
Please provide information on the ability of foreign suppliers of services to obtain land needed
for business activity, even if not linked to the existence of premises.
Answer:
In accordance with to the Land Code of Uzbekistan the land is owned by the state and considered as
national, is to be used rationally, protected by the state and is not subject to the sale or buy, donation,
deposit, except the cases stipulated in the laws of Uzbekistan.
Legal persons are entitled to possess land plots on the right of permanent possession, use, lease and
property in accordance with the Land Code and other acts of legislation.WT/ACC/UZB/4
Page 11
Physical persons are entitled to possess on the right of lifelong inheritable possession, lease and
property in accordance with the Land Code and other acts of the legislation.
The right of ownership of physical and legal persons on land plots arises in the order provided for by
the legislation, in the time of privatization of the objects of trade and service sector along with land
plots on which they are located. The right of ow nership on land plots of diplomatic missions and
offices of international organizations accredited in Uzbekistan, arises in the time of sales of buildings
or parts of the buildings, including residencies of the heads of the missions, on which they are located,
and the land plots of buildings of these missions in the order provided for by the legislation.
The rights of ownership of foreign legal and natural persons for the land plots of the diplomatic
missions’ officers, mass-media representatives accredited in Uzbekistan, officers of the permanent
representative offices of firms, companies and international organizations, persons working full-time
on enterprises with foreign investments, and persons permanently residing in the republic and bearingresidence permit, arise in the time of sales of housing along with land plots on which they are located.
Land plots can be given to natural and legal persons to permanent (temporary) possession and use.
For permanent possession the land plots is given to enterprises and organizations for agricultural and
forestry activities, and for other purposes where stipulated by the law.
For permanent or temporary use the land plots is given to:- citizens of the Republic of Uzbekistan;
- industrial, transport and other non-agriculture enterprises, institutions and organizations;
- enterprises with foreign investments, international associations and organizations;
- foreign legal and natural persons.
In cases provided for by the legislation, the land plots is given to use to other persons and
organizations. The right of permanent possession of the land plots is certified by the State act on the
right of the permanent possession of the land plots.
Forms of the State acts, the order of their registration and issuance are identified by the legislation.
The temporary use of the land can be short-term – up to three years and long-term – from three up to
ten years. Where necessary, these terms can be prolonged to the period not exceeding accordingly theterms of short-term and long-term temporary use. The organs that have given this land carry out
prolongation of the terms of temporary use of the land plots.
Land for distant cattle farming can be given to agricultural enterprises, institutions and organizations
for the term up to twenty years.
Ш. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES
3. Division of authority between central and sub-central governmentsQuestion 17.  
Please describe local or regional governments’ or governmental entities’ authority, if any, to
apply taxes, to set regulations for investment, or to grant benefits to domestic firms or to
domestic goods or imports.WT/ACC/UZB/4
Page 12
Answer:
In accordance with Article 5 of the Tax Code of the Republic of Uzbekistan, taxes and duties on the
territory of the Republic of Uzbekistan are set and abolished by Oliy Majlis (Parliament).
Territorial authorities introduce presented local taxes upon agreement of the Government. The
property and land taxes, which are also local taxes, are introduced by legislating acts of the Republicof Uzbekistan; the Cabinet of Ministers identifies rates of these taxes (with the exception of the tax on
property of legal persons; the rate of this tax is identified by the Tax Code).
Local taxes and duties are – advertisement taxes, car resale taxes, duties for cleaning territories in
towns and other similar taxes and duties that are of local nature and aimed to solve the problems of
local level. In the line with this the Government fixes limited rates of these local taxes and duties.
Rates of these taxes and duties are not might and cannot considerably affect the economic
development of the country and are not extended to the foreign economic activity.
The Laws of the Republic of Uzbekistan On Foreig n Investments, On Guarantees and Measures of the
Protection of Rights of Foreign Investors and On Investment Activity regulate foreign investment
issues.
Question 18.  
Please indicate whether, to what extent, a nd how the central authorities exercise ultimate
authority over these activities, if they exist.
Answer:
Taking into account that imported goods are levied with taxes and duties (customs duties and levies
and excise taxes, VAT) which are national in accordance with the Tax Code and Law On Customs
Tariffs, all authority on introducing, abolishing a nd granting favorable treatment with regard to these
payments belong to the Central Authorities.
6. Description of judicial, arbitral or administrative tribunals or procedures, if any
Question 19.  
Concerning contract disputes, what recourse exists for contract disputes?
Answer:
The types of existing claims on dispute settlement on contracts are specified in Article 24 of the
Economic Procedural Code of the Republic of Uzbekistan adopted in 30 August 1997 and entered into
force 1 January 1998.
In particular, in accordance with Article 24 “Disput es settled through Economic Court”, the following
categories of disputes are settled on contracts:
- disputes on contracts, which are signed in accordance with Law, or transfer of which is agree
upon by the Parties;
- amendment of conditions or termination of contracts;
- non-fulfilment or inadequate fulfilment of obligations;
- recovery of losses;
- protection of honour, dignity, and business reputation.WT/ACC/UZB/4
Page 13
The Economic Court also settles other disputes under its competence.
Question 20.  
Are arbitration or foreign court judgments binding, or are only domestic decisions valid?
Answer:
Taking into consideration that Uzbekistan since 22 December 1995 is a member of the New-York
Convention 1958 On Recognition and Enforcement of Foreign Arbitral Awards, and in accordance
with the Instruction On Procedure of Enforcement of Judgments of Economic Courts of the Republic
of Uzbekistan approved of by the Chairman of Supreme Economic Court of the Republic of
Uzbekistan on 12 February 1997, foreign arbitral awards are enforced on the territory of the Republic
of Uzbekistan on equal terms and conditions like judicial acts of economic courts of the Republic of
Uzbekistan.
Question 21.  
How are arbitration judgments enforced? What is th e disposition of disputed property or assets
while in arbitration?
Answer:
The Economic Procedural Code of the Republic of Uzbekistan provides for the procedure of
enforcement of judgments of economic courts as well as procedure of handling the property, which isdisputed. Such a procedure is an efficient tool of protection of rights of the parties, and covers in
particular:
- enforcement by all natural and legal persons of the republic court acts entering in force;
- compulsory enforcement of court acts on the ba sis of the executive decree issued by the court
adopting this act;
- sanctions on those persons who are guilty for non- enforcement of indicated actions in who are to
do it.
Question 22.  
Please describe how importers and exporters can appeal administrative decisions on issues
covered by WTO provisions, including but not limited to customs decisions, both within theadministrative framework and to independent tribunals or the court system, and cite the
relevant laws and regulations.
Answer:
The Civil Code and other legal acts of Uzbekistan provide the possibility of appeal by natural and
legal persons against actions of officials and public authorities through Courts. Moreover, losses of
citizen or legal persons resulting from such actions are subject to recovery.WT/ACC/UZB/4
Page 14
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(a) Registration requirements for engaging in importing
Question 23.  
Currently, all import transactions must be registered and approved by the Government, a
cumbersome process that can be a hindrance to trade.
Why is this requirement in effect? Does the Government block import transactions? If so, based
on what criteria and is there a right of appeal?
Answer:
Existing procedure of import transactions, all import contracts are registered in competence with
generally applied practice and for the purposes of only statistical record keeping with relevant
customs offices and authorized banks of the Republic of Uzbekistan.
Exception from this procedure covers contracts financed through:
- conversion of sums to hard-currency on domestic currency market;
- credits lines allocated by international and foreign financial institutions under the Guarantee of
the Government of Uzbekistan;
- state budget, non-budgetary funds of  ministries and institutions;
- Indicated import contracts are to be registered with Ministry of Foreign Economic Relations
(MFER) of the Republic of Uzbekistan. Such procedure ensures three goals:
- provision of import of goods on adequate prices, that enables entities effectively utilize assets, and
pay relevant customs duties;
- prevention of unreasonable outflows of hard-currency from the republic;
- allows to decrease the cost of the imported goods, that make positive impact on consumer markets
prices.
In case of unreasonable refusal of registration of import contract in MFER, legal entity has right to
appeal against such a decision to courts.
Question 24.  
What are Uzbekistan's plans to drop this requirement?
Answer:
During the liberalization of foreign trade regimes of the country, the number of contracts registered in
MFER is constantly decreased. Presently, with the purposes of liberalization of foreign trade, the
drafts normative acts, which are logical steps forward in the policy of decreasing the number of
import contracts registered in MFER are worked out.
Question 25.  
With regard to importation, WT/ACC/UZB/2 states that any legal entity, except non-
commercial organizations, may be registered by  MFER as a participant in foreign economic
relations.WT/ACC/UZB/4
Page 15
Answer:
Currently, with adoption of the Law On Foreign Economic Activity and a number of other normative
acts, state registration is a basis for pursuing foreign economic activities. Above-mentioned
registration is completely abolished.
Question 26.  
Can an individual, as opposed to an organization or firm, be considered a legal entity for
purposes of the importation and exportation of goods?
Answer:
The legislation of Uzbekistan provides for possibility of carrying out business activities by natural
persons without establishing legal entity. Accordingly, it enjoys all rights to carry out such activity
along with the entities.
Question 27.  
What are the registration procedures for a fore ign individual or entity (not just a foreign
invested enterprise) to import and export goods, and distribute them in Uzbekistan?
Answer:
Foreign natural or legal persons, to carry out export-import transactions are entitled to establish a
company in the Republic of Uzbekistan and act as foreign entity.
In first case, the Law of the Republic of Uzbekistan On Enterprises in the Republic of Uzbekistan of
15 February 1991, and the Civil Code of Uzbekistan, enterprise shall be considered established and
acquires civil capacities from the date of its state registration and inclusion in the Single State
Register of the Republic of Uzbekistan.
Where, enterprise acts as foreign entity, as well as in any other country, it should enter into legal trade
relationships with legal entities of the Republic of Uzbekistan to carry out export-import transactions.
Enterprises entering into import contracts for supply of goods to Uzbekistan for hard currency
financed through:
- conversion of sums into hard currency in domestic currency market;
- credit lines allocated by international and foreign financial institutions under the Guarantee of the
Government, register their contracts with MFER.
- Applicants are not charged for registration of import contract for issuance of certificates.
It is necessary to emphasize, that fulfillment of all mentioned and other requirements of the legislation
of Uzbekistan applies to duties of Uzbek entities. Foreign partner is required to submit only
certificates of quality, origin and other relevant characteristics of goods.
Question 28.  
Please demonstrate how Uzbekistan’s requirements for registration to import do not
discriminate against foreign individuals or firms (compared with domestic individuals or firms)
attempting to engage in importation, making a distinction between the right to import and the
right to distribute.WT/ACC/UZB/4
Page 16
Answer:
As noted above, the requirement of registration of indicated types of import contracts covers only
Uzbek legal entities.
Question 29.  
Uzbekistan states "an enterprise registration and inclusion into the Register of the Participants
of Foreign Economic Relations is made on a personal appearance of applicant."
Answer:
See above-mentioned answer.
Question 30.  
Do similar requirements exist to distribute domestic goods? Please describe.
Answer:
See above-mentioned answer.
Question 31.  
It is unclear what "import contract registration" actually is or does.
Does the registration of import contracts by MF ER only refer to those goods listed in Annex 3?
Answer:
As mentioned above, according to existing procedure of import transactions, all import contracts with
the purposes of statistical record keeping are registered only in relevant customs bodies and banks of
the Republic of Uzbekistan.
Exception from this procedure applies to contracts financed through:
- conversion of sums to hard-currency on domestic currency market;
- credit lines allocated by international and foreign financial institutions under the Guarantee of the
Government of Uzbekistan or National Bank of Uzbekistan (due to assignment of the
Government);
- state budget, non-budgetary funds of ministries and institutions. Such contracts are registered with
MFER with the purposes mentioned above.
Question 32.  
Does being registered confer any benefit in terms of access to import licenses or hard currency?
Can persons or firms not licensed to import conduct any form of international trade?
Answer:
In accordance with the current procedure of registering imports contracts, the MFER accepts for
registration those contracts of business entities, which are included into the forecast of imports and
granted the licence of the Central Bank of the Republic of Uzbekistan for convertibility.WT/ACC/UZB/4
Page 17
Registration of import contracts at the MFER is not required in cases when importing is financed
through the business entity’s own hard currency funds or when the payment for imported goods is
made in the national currency of the Republic of Uzbekistan.
Question 33.  
If not, the necessity to register an import contract  in order to protect the interests of the state, of
Uzbek companies and Uzbek consumers appears to be a licensing and import approval system
for goods, particularly in view of the 10-d ay period MFER is allowed for registering such
contracts.
Is the "contract" in these cases simply the terms agreed to when an importer places an order for
goods to be imported? How might this "contract registration" be justified under GATT
Article XI?
Answer:
At present time, licensing of imports is abolished for all goods except for those stipulated in the
Decree of the President of the Republic of Uzbekistan №UP-1871 dated 10 October 1997. The
exporting-importing of these goods requires licence of the MFER based on the regulations of the
Cabinet of Ministers of the Republic of Uzbekistan.
They include:- Arms, ammunition and military equipment, special parts and components used for their
production
- Precious metals, alloys and items made from them , ores, concentrates, scraps and wastes, precious
natural stones and items made from them, scraps, powders and recuperates of precious natural
stones, pearls and items from them, amber and items made from it;
- Uranium and other radioactive substances, items made from them, wastes of radioactive
substances;
- Devices and equipment using radioactive substances.
Implementation of indicated measures in the Republic of Uzbekistan fully reflects the requirements of
the international, government and public agencies concerning efficient controls over theexports/imports of arms and radioactive materials.
Question 34.  
The response to Question 7 of WT/ACC/UZB/3 states that the Ministry of Foreign Economic
Relations registers «only import contracts which are not provided with own currency».
However, we continue to express concern that import contract registration could operate as a
non-tariff barrier.
Please clarify what is meant by “own currency” under the Government of Uzbekistan's import
registration requirements. Does “own currency” refer to hard currency?
Answer:
Concerning registration of import contracts in the MF ER, the term of “own currency” refers to those
foreign currency resources, which are not generated from the following sources:
- through the exchange of national currency funds into the foreign currency funds in the domestic
currency market;WT/ACC/UZB/4
Page 18
- through the credit lines granted by the international and foreign financial institutions under the
guarantee of the government or of the National Bank of Foreign Economic Activities of the
Republic of Uzbekistan (on the basis of the a ssignment of the government of the Republic of
Uzbekistan);
- the state budget, the non-budgetary funds of ministries and institutions.
Question 35.  
In the context of the Government of Uzbekistan 's currency regime, we are interested to know
who might not have access to foreign exchange  or “own currency”. Do individual and firms
have unfettered ability to purchase foreign exchan ge or “own currency”. If not, import contract
registration might acts as a de facto  import licence.
Answer:
In accordance with the Decree of the President of the Republic of Uzbekistan №UP-1193 dated 27
June 1995, On Measures for Further Expansion of the Internal Convertibility of the National Currency
of the Republic of Uzbekistan, in conversion of Sums into the foreign currency funds, the priority
shall be given to the enterprises (including the enterprises with foreign investments), which are
involved in the production of consumer goods intended to fill the domestic market, which for export,
which are involved in the realization of priority projects in the basic and leading sectors of economyof the republic and which repatriate the part of their profits and dividends of foreign investors.
Conversion on the domestic currency market of the national currency into the foreign currency is
fulfilled to entities under observance of the mandatory terms:
- Existence of the properly registered import contracts, as well as, of the expert appraisal of the
authorized bank;
- Purchase of the foreign currency only by the enterprises’ own national currency funds;
- Absence of the debts in payment to the state budget and to non-budgetary funds, deferred
repayment to suppliers and creditors;
- With regards to the enterprises’ own foreign currency funds that have been obtained as a result of
business activities or from other sources of formation, except from those sources mentionedabove, the owners of such funds are free to use it at their own discretion.
Question 36.  
Does the Government of Uzbekistan plan to eliminate import registration requirements not
consistent with WTO disciplines that insure non discrimination among applicants?
We are encouraged to find that “groundless refusal of registration” might be appealed by law.
We seek further clarification on the contract registration process and the process for appeal.
Are the rules neutral in application and administered in a fair and equitable manner? Can
applicants be denied for minor documentation errors? Are publications regarding import
registration easily accessible in a timely mann er to all interested parties? (For example,
published in an official journal)
Answer:
In accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №137
dated 31 March 1998, MFER of the Republic of Uzbekistan carries out registration of import
contracts that are not being paid for through the entity’s own foreign currency funds. Those importWT/ACC/UZB/4
Page 19
contracts that are being settled by the enterprises’ own foreign currency funds are not to be registered
in the MFER.
The basis for rejection of registration of import contracts may be:
- disparity of the introduced contracts to conventional norms of the international commercial law
and the current legislation of the Republic of Uzbekistan;
- overestimate of contract prices concerning the price level which has been usual on the world
market for the goods of the appropriate quality at the moment of signing the contract. Such
disparity is detected on the basis of the analysis of a conjuncture on the international markets, and
actual state of supply and demand on Regional markets. In this case MFER of the Republic of
Uzbekistan and consulting firms assist in selection of the supplier of the agreements, on the
prices;
- importer’s deferred debts on payments to the state budget;
- purchase by the state entities of morally and physically outdated, economically ineffective
equipment and technologies (on the basis of the conclusions of the State Committee on Science
and Technology, Uzgosstandart and the Ministry of Nature Protection of the Republic of
Uzbekistan);
- import of environmentally harmful technologies (patents, licenses, know-how), equipment and
other goods (on the basis of the conclusions of the State Committee on Nature Protection,
Uzgosstandart and Ministry of Health of the Republic of Uzbekistan);
- negative conclusion of the Ministry of Health of the Republic of Uzbekistan on export and import
of pharmaceuticals and concern "Uzfarmprom" on import of medicinal vegetable raw materials
and raw materials of a biological origin used in pharmaceutical production.
The unreasonable refusal in registration can be appealed against in the judicial order.
All information on the amendments and supplements in the legislation in this field and other
information concerning the participants of the foreign economic activities (i.e. conjuncture on the
international markets and etc.) are regularly published in the specialized publications dedicated to the
foreign economic activities.
(b) Characteristics of national tariff
Question 37.  
The Presidential Decree No. UP-1871 of 10 October 1997 introduced new rates of import
customs duties on 1 November 1997.
Have there been any subsequent changes in the ta riff? If so, please give the legal citation, list
them, and supply the text of th e law that effected the change.
Answer:
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №80 dated 24 February 1998
On Measures of Tariff Regulation of Imports established new import tariff rates. Specifically, for
those types of products (works and services),  which are not mentioned in the Appendix №1 of this
Resolution, the tariff rate has been set at the level of 3 per cent of their customs value.
The Decree of the President of the Republic of Uzbekistan № UP-2160 dated 25 December 1998, On
Additional Measures for Adjustment of the Inflow  and Outflow of Certain Types of Consumer Goods
abolished 1 January 1999 the customs tariffs for importation of the following 15 product groups:WT/ACC/UZB/4
Page 20
1. Livestock, poultry; 2. Meat and meat products ; 3. Fish and fish products; 4. Milk and dairy
products; 5. Tea stock, tea; 6. Cereals: wheat, rye, barley, oat, rice, maize, buckwheat; 7. Flour,
groats; 8. Fat, vegetable oil and animal fat, prepared nutritional fat; 9. Finished products from meat,
fish and Crustacea; 10. Sugar; 11.Infant nutrition; 12. Provitamins and vitamins, hormones, natural
and synthesized antibiotics; 13. Pharmaceutical produ cts (on approval of the Main Department for
quality control of medicines and medical equipment of the Ministry of Health; 14. Household soap;
15. Raw leather and leather.
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №380 dated 7 August 1999, On
Measures for Improvement of Operation of Gasoline  Stations and of Supply with Motor Gasoline has
established on 5 August 1999 new customs tariff rates for oil products.
Question 38.  
Please provide a copy of Presidential Decree No. UP-1871 of 10 October 1997.
Answer:
Available under document WT /ACC/UZB/4/Add.1 (Ref. No. 2).
Question 39.  
Are the import duties established by Decree No. UP-1871 listed in Annex 10?
The list in Annex 10 is not comprehensive. Please provide a complete list of applied rates at the
6 digit level. Please also indicate where ad valorem, specific rates or combined rates are applied
Answer:
Tariff rates for import of products, stated in the Appendix 10, have been established by the Resolution
of the Cabinet of Ministers №80 dated 24 February 1998 (document WT/ACC/UZB/4/Add.1 refers).
In that Resolution the specification of goods is used on the four-digit level of HS. This covers all
goods belonging to that product group. Six or nine-digits level specifications are used only in those
cases when an exception or exclusion is made.
In the Resolution of the Cabinet of Ministers №80 dated 24 February 1998:
- ad valorem rate is calculated as a percentage based on the customs value of a product, (the most
common method);
- specific rate is calculated as a certain set rate per unit of a product (net rates not used);
- combined rates that involve combination of ad va lorem and specific rates, are used for example in
charging customs duties for tobacco products or au tomobiles. In this case in addition to the
ad valorem rate of customs tariff also specific rate is stipulated for the purposes of greater clarity.
Question 40.  
Presidential Decree No. UP-1871 of 10 October 1997 introduced a 3 per cent minimum rate of
customs duties for all imported goods, (work a nd services), starting 1 November 1997, except
for the goods listed in Annex I to the Resolution of the Cabinet of Ministers of 24 February 1998
No 80 "On Measures of Tariff Regulations."WT/ACC/UZB/4
Page 21
Please confirm if Uzbekistan levies a 3 per cent minimum import tariff on all goods except those
listed in Annex 1 of Resolution No. 80? Please supp ly this list and a second list of any additional
exemptions.
Answer:
Please see the information stated above.
Question 41.  
Does the 3 per cent charge apply to imported services as well or any other imports?
Answer:
Yes, it does.
Question 42.  
The Law "On the Customs Tariff", passed by Oliy Majlis on 29 August 1997, in force since 1
January 1998, allows combined tariffs.
Are these currently being applied to any products? If so, please list them, by HS item number.
Answer:
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №80 dated 24 February 1998
refers (available under document WT/ACC/UZB/4/Add.1 – Ref. No. 1).
Question 43.  
While not  per se  inconsistent with WTO rules, such tari ffs are less transparent than other forms
of duty, and we would encourage Uzbekistan to apply either specific or ad valorem tariffs.
Answer:
In accordance with the Law On Customs Tariff, the following types of customs tariffs are used in the
Republic of Uzbekistan:
- ad valorem, calculated as a percentage of customs value of the products;
- specific, calculated as a certain set rate of duty per unit of the products;
- combined, including ad valorem and specific types of customs tariff rates.
Question 44.  
Did Uzbekistan convert to using HS 96 for its tariff schedule on 1 January 2000, as planned?
Answer:
At present time, Uzbekistan is using Harmonized System of 1992. In 1998 Uzbekistan has joined the
Convention on Harmonized System. Currently, a comple x of measures for using in Uzbekistan of the
Harmonized System of 1996 are being carried.
Question 45.  
Is Uzbekistan using HS 96 for their tariff schedule?WT/ACC/UZB/4
Page 22
Answer:
Please see the information given above.
Question 46.  
Please provide an electronic version of Uzbe kistan's tariff schedule at the 6-digit level.
Answer:
In the Resolution of the Cabinet of Ministers №80 dated 24 February 1998, the tariff rates are
specified on the four-digit level of the HS. This covers all of the products existing in that product
group. In case of any clarification and exceptions from the rule, the six-digit or nine-digit product
specifications are used.
Question 47.  
Please provide a copy of the Law “On the Customs Tariff”, passed by Oliy Majlis on
29 August 1997.
Answer:
Available under document WT /ACC/UZB/4/Add.1 (Ref. No. 3).
Question 48.  
Please provide a copy of the Law “On the Customs Tariff”, passed by Oliy Majlis on
29 August 1997 and any subsequent legislation amending or replacing this law.
Answer:
A copy of the Law with the amendments and supplements introduced by the Law of the Republic of
Uzbekistan On Amendments and Supplement s into Some Legislative Documents dated
29 August 1998, is available under docum ent WT/ACC/U ZB/4/Add.1 (Ref. No. 3).
(c) Tariff quotas, tariff exemptions
Question 49.  
Please list all tariffs, charges, surcharges, taxes and fees, of whatever kind, that are applied to
imported goods and indicate which ones are also applied to domestic goods.
Can Uzbekistan confirm that the only charges assessed on imports by the government of
Uzbekistan are the following: customs tariff, VAT tax, excise tax, and customs fee?
Answer:
We hereby confirm the above statement. Meanwhile, VAT and excise tax also levied on the local
goods as well.
Question 50.  
Uzbekistan levies a fee of .15 per cent of the invoice value of imported goods to fund
Export/Import Operations.WT/ACC/UZB/4
Page 23
While this is a relatively small charge, it is inconsistent with Article VIII of the GATT, which
requires that such fees approximate the cost  of services rendered, and the GATT/WTO has
determined that ad valorem fees do not meet the terms of Article VIII.
Confirm that Uzbekistan assesses a customs fee of  .15 per cent ad valorem on the invoice price
of export/import activities.
How does Uzbekistan intend to bring this fee into line with the provisions of the WTO, in
particular Article VIII of the GATT?
Answer:
It is true that in Uzbekistan during the customs processing of export-import transactions fee of 0.2 per
cent from the customs value of the products is collected as an administrative charges. This charge has
been established by the Resolution of the Cabinet of Ministers №204 dated 30 May 1999, for the
purposes of implementing the Customs Code.
At the same time, it is necessary to note that the rate of fees incurred and collections for insurance of
certificate is adequate to cover the expenses of examinations of relevant documents and the cost of
given blanks of certificates.
Question 51.  
The Customs Code enacted by the Oliy Majlis on 29 August 1997 states that customs fees are
applied for: (i) customs formalities; (ii) cust oms services; and (iii) issuance of the customs
certificate.
Are these charges identical to those already prov ided for by the State Tax Committee Order No.
218 "On Rates of Fees for Customs Procedures and Services and for the Issue of Certificates" of
31 December 1994. If not, please describe the differences.
Answer:
Please see the information given above.
(e) Quantitative import restrictions, including prohibitions, quotas and licensing systems
Question 52.  
When will the prohibitions on th e transport of ethyl alcohol be lifted? What measures are being
taken to resolve disputes that have arisen as a result of this decree? What is the status of all
disputed shipments (Note: We are informed that at least two disputed shipments of ethyl
alcohol, shipped and received before the prohibition was in place, are still waiting disposition.
End note)
Answer:
In accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №213
dated 15 May 1998, it is prohibited to import and to transit the ethyl spirit into the customs territory ofthe Republic of Uzbekistan. This measure is aimed at protection of the rights of consumers and the
health of the citizens of Uzbekistan. This measure was adopted in response to the fact of inflow of
low-grade spirit into the Republic, which caused adve rse impact on the health and lives of the citizens
of Uzbekistan.  Currently, prevailing circumstances do not yet justify the removal of this measure.WT/ACC/UZB/4
Page 24
Question 53.  
The response to Question 22 of WT/ACC/UZB/3 reports an import and transit prohibition on
ethyl alcohol. Additionally, the Government of  Uzbekistan reports there is no equivalent
prohibition on production and/or sale of domest ically produced ethyl alcohol. This prohibition
of imports of ethyl alcohol appears to be inconsistent with WTO Article III-National Treatment.
Answer:
We would like to state that although the importation and transit of the ethyl spirit into the customs
territory of the Republic of Uzbekistan is prohibited, the market of the country is open for the
alcoholic drinks.
The production of spirit and alcoholic drinks by the Uzbek producers is also kept under the strict
control of the state organs. The production activities are carried out only upon the special licence and
under the strict control of the standardization and certification bodies.
Question 54.  
What is the HS code and description of the prohibited product(s)?
Answer:
The HS code of the ethyl spirit, the importation and transit of which is prohibited on the customs
territory of the Republic of Uzbekistan, is 2207.
Question 55.  
How and when does Uzbekistan intend to remove the prohibitions on the transport of ethyl
alcohol and bring its trade regime in th is area into line with WTO provisions?
Answer:
Please see the information given above.
Question 56.  
What measures are being taken to resolve disputes  that have arisen as a result of this decree?
What is the status of disputed shipments?
Answer:
Please see the information given above.
Question 57.  
Are their any other prohibitions on imports? If so, please list them by HS tariff code and
indicate how they are justified under WTO provisions and how they will be eliminated or
revised if no justification is available.
Answer:
The list of goods, the importation of which is prohibited, is given in the Decree of the President of the
Republic of Uzbekistan №UP-1871 dated 10 October 1997 (Appendix 5). The list includes those
printed materials, manuscripts, cliches, drawings, photographs, films, negatives, cinema, video, audioWT/ACC/UZB/4
Page 25
products, photographic and sound records, aimed at disrupting the state and social order, the territorial
integrity, political independence and state sovereignty, propagating war, terrorism, violence, national
exclusiveness and religious hatred, racism and its varieties (Zionism, anti-Semitism, fascism), as well
as materials of pornographic content.
As one can see, this list is drawn up in accordance with practice of International Law, and does not
reflect any economic factors, and corresponds to the provisions of the WTO agreements.
(f) Import licensing procedures
Question 58.  
Annex No. 1 to the Presidential Decree No. UP-1871 of 10 October 1997 sets forth a list of
specific goods, the importation of which must be licensed by the MFER.
Are rules governing import licensing neutral or are there preference schemes for imports from
certain countries?
Answer:
The rules regulating the licensing of imports are neutral and equal for all exporting countries.
Question 59.  
What documents are necessary to submit to the Ministry of Foreign Economic Relations in
order for an import licence to be issued?
Answer:
In accordance with the Regulation №422 dated 8 April 1998, On the Procedure of Licensing of
Exportation and Importation of Specific Goods on the Territory of the Republic of Uzbekistan, in
order to obtain importation licence of the Ministry of Foreign Economic Relations of the Republic of
Uzbekistan, the following of documents should be submitted:
- Filled application form of the importer;
- Assignment of the Cabinet of Ministers of the Republic of Uzbekistan;
- Contract, signed by the buyer and the seller;
- Certificate of origin of the product.
Question 60.  
Are applications for import licenses regularly denied for minor documentation errors?
Answer:
Only in case of some errors in the documents submitted, they are returned for revising and after wards
importation licence is issued in the established order.
Question 61.  
Can any person, firm or institution, which fulfills the legal requirements for importing equally
eligible to apply and be considered for a licen se? Are the legal requirements neutrally applied to
all persons, firms, and institutions?WT/ACC/UZB/4
Page 26
Is any person, firm or institution, which fulfills the legal requirements for importing equally
eligible to apply and be considered for a license?
Answer:
Any entity that fully complies with the legal requir ements has equal rights for obtaining the licence.
(g) Other border measures
Question 62.  
There is reference in this section to registration of  "passports of import operations."  Is this the
same registration referred to in subheading IV : 1 (a) as an "import contract registration?"
Answer:
Passport of the import transaction has been introduced by the Resolution of the Cabinet of Ministers
of the Republic of Uzbekistan №95 dated 13 March 1996, which for the purposes of statistical
accounting of the external trade transactions is drawn by the enterprises and organizations for eachconcluded import contract. The passport shall be signed by the importing business entity, the bank of
the importer servicing the transaction and the customs authorities.
Question 63.  
Is the registration of such documents required prior to placing an order, prior to arrival of the
goods or when the goods have arrived at customs control?
Answer:
For the purposes of drawing up the passport of the importation deal there are no requirements for
advance ordering, delivery of goods or their passing through the customs control. The parties
independently in concluding the importation contracts determine the terms of delivery of goods.
Question 64.  
Does Uzbekistan require that the commercial forms and invoices necessary for importation of
goods be "authenticated" or otherwise certified officially by its consulates or other
representatives in the exporting country? If so, pl ease indicate the fees charged and justify this
under WTO provisions?
Answer:
In cases when in accordance with the legislation of the Republic of Uzbekistan or signed by it
international treaties, Uzbekistan grants benefits or privileges to the goods coming from the certain
countries, it is necessary to present evidence regarding of the country of origin of the coming goods.
In cases stipulated by the legislation of the Republic of Uzbekistan the certificate of quality is issued
as a rule for food products.
(h) Customs valuation
Question 65.  
WT/ACC/UZB./2 states that Uzbekistan considers that its treatment of customs value is in line
with WTO/GATT valuation principles and procedures. We have reviewed Uzbekistan'sWT/ACC/UZB/4
Page 27
description of its customs valuation regime in WT/ACC/UZB./2; the "The Law of the Republic
of Uzbekistan 'On the Customs Tariff" dated August 29, 1997; and the Customs Code which
became effective on 1 January 1998 and have these questions and comments:
Article 18 of the Law "On Customs Tariff" sets forth the use of Transaction Value. The text we
have does not contain an accurate definition of this term, however, i.e. the price actually paid orpayable for the goods when sold for exportation to  the country or importation. Article 18 states
"price actually paid or price which is subject to payment for goods which are imported to the
customs territory of the Republic at the moment  of their crossing the Customs Border of the
Republic of Uzbekistan....". Can Uzbekistan clarify this point?
Answer:
The term “Transaction Value” implies the following:
- customs value is calculated only for the goods being imported;
- since the payment for the goods can be made depending on the terms of the contract either before
or after shipment, the term in the Law implies the “the price that has been actually paid” (in case
of repayment) or “the price payable” (in case of payment after shipment) receipt or sales of goods;
- the term “at the moment of crossing the customs border” implies that the value of the goods
should not be dependent on the place of its customs processing. In other words, the value of thegoods should comprise all costs related to its purchase, transportation and insurance to the point
of crossing of the customs border of the Republic of Uzbekistan.
Question 66.  
Article 1(a)(ii) and (iii); Article 1.2: Article 8.1(b)(i) through (iv); and Article 8.4 of the WTO
Valuation Agreement do not appear to be implemented in Uzbekistan law.
Answer:
Those provisions of the WTO Agreement on Customs Valuation, which are not included into the
“Guidance on customs value of goods imported into the territory of the Republic of Uzbekistan” was
registered in the Ministry of Justice on 13 January 1998, under №390 (a copy of the Guidance is
available under document WT/A CC/UZB/4/Add.1 – Ref. No. 4.
Other questions related to the provisions of the La w of the Republic of Uzbekistan On Customs Tariff
are reflected in the above mentioned Guidance, which ensure the conformity of the above said articles
with the WTO Agreement on Customs Valuation. (Please refer to Guidance in case of absence of
answers to other questions related to the Customs Valuation Agreement).
Question 67.  
Article 1.2 of the WTO Valuation Agreement As noted in point 1 of Annex 4 of
WT/ACC/UBZ/2, Uzbekistan's customs valuation law and regulations do not implement Article
1.2 of the Agreement, i.e. the provisions concerning related party transactions. Uzbekistan states
that provisions and procedures will be recomme nded later to assure implementation of Article
1.2 of the WTO Valuation Agreement. As presently written, however, Uzbekistan's law requires
the importer to prove that the relationship be tween related parties did not influence the price.
This is inconsistent with Article 1.2 of the WTO Valuation Agreement.WT/ACC/UZB/4
Page 28
Answer:
Provisions of the legislation of Uzbekistan requiring importers to present convincing evidence about
the fact that the interrelationships between parties did not influence the price of the transaction are
intended for implementing the provisions of Article 1.2 of the WTO Agreement on Customs
Valuation.
Question 68.  
Article 4 of the WTO Valuation Agreement. Article 17 of the Law "On Customs Tariff'
provides that "the method of deducting and computing costs may be used in any sequence."
This is inconsistent with the Article 4 of th e WTO Valuation Agreement which provides that "at
the request of the importer" the order of Deduc tive and Computed Value shall be reversed.
Answer:
In accordance with Article 13 of the Law of the Republic of Uzbekistan On Customs Tariff, it is the
duty of the importer or its representative to declare to the customs authorities the value of the goods.
In this regard, the provisions of Article 17 related to the sequential order of methods of calculating
customs value of goods, concern the importer. In our opinion, this provision conforms to Article 4 of
the WTO Agreement on Customs Valuation.
Question 69.  
Article 5 of the WTO Valuation Agreement. Deductive Value is set forth in Article 21 of the
Law "On Customs Tariff." Uzbekistan fails to provide for the use of deductive value to the
imported goods. Additionally, there is no provisi on for the use of deductive value based on the
unit price at which the imported goods or identical or similar imported goods are so sold in the
greatest aggregate quantity, at or about the time of the importation of the goods being valued.With regard to the deductions to be made, Uzbekistan does not provide for the deduction of
commission or additions usually made for prof it and general expenses. As written Uzbekistan
would deduct both commissions and profit and general expenses.
Answer:
Please refer to the Guidance №390 dated 13 January 1998 available under document
WT/ACC/UZB/4/Add.1 (Ref. No. 4).
Question 70.  
Article 6 of the WTO Valuation Agreement. Com puted Value is set forth in Article 22 of the
Law "On Customs Tariff." Uzbekistan has failed to implement Article 6.2 of the WTO
Valuation Agreement. Additionally, it appears, based on the English translation, that
Uzbekistan has improperly implemented Article 6.1( b) and (c). It appears that Uzbekistan has
separately provided for the addition of profits and general expenses. However, pursuant to the
Interpretative Note to Article 6, profit and general expenses are to taken together as a whole. To
be consistent with Article 6 of the WTO Valuation Agreement, Article 22 should be reworked to
provide for profit and general expenses in one category and the Article 8.2 transportation and
insurance costs in another category.
Answer:
Please refer to the Guidance №390 dated 13 January 1998 available under document
WT/ACC/UZB/4/Add.1 (Ref. No. 4).WT/ACC/UZB/4
Page 29
Question 71.  
Article 7 of the WTO Valuation Agreement. Ques tion 5(a) of Annex 4 of the MFT, Uzbekistan
states that its Article 23 of the Law "On Customs Tariff" closely follows the language of Article
7 of the WTO Valuation Agreement. We disagree with this position. The translation of Article
23 states that the value of goods under this provision will be determined on the basis of priceinformation that is available at the customs authorit y. This is not consistent with Article 7 of the
WTO Valuation Agreement, which provides that g oods will be valued "using reasonable means
consistent with the principles and general provisions of this Agreement and of Article VII of the
General Agreement and on the basis of data available in the country of importation."
Additionally, as noted by Uzbekistan in Question 5(a) and (c) of Annex 4 of the MFT, it has
failed to implement Article 7.2(d) prohibited me thod of appraisement. Additionally, Uzbekistan
has added an additional prohibited method of  appraisement, "not authentically confirmed
values of goods."
Answer:
Please refer to the Guidance №390 dated 13 January 1998 available under document
WT/ACC/UZB/4/Add.1 (Ref. No. 4).
Question 72.  
Article 9 of the WTO Valuation Agreement. In Question 7 of Annex 4 of the MFT, Uzbekistan
states that foreign exchange rates are published one a week. However, Uzbekistan does not state
which election it has chosen, i.e. time of exportation or time of importation. Pursuant to Article
9.2 of the WTO Valuation Agreement, Uzbekistan must elect one of these time in which
currency conversion will take place.
Answer:
Transaction of buy and sell of the foreign currency on the off-the-counter market of the Republic of
Uzbekistan are carried out either at the rate set by the Central Bank on the day of buy-sell transaction,
or at the free market rate established on the basis of the supply and demand of the foreign currency
depending on the type of buy-sell transaction of the foreign currency.
Question 73.  
Article 10 of the WTO Valuation Agreement. In Qu estion 8 of Annex 4 of the MFT, Uzbekistan
states that confidentiality is guaranteed and m ay not be disclosed to third persons, including to
the state authorities without special permit of the applicant. We require a reference to
Uzbekistan's law or regulations to verify that Uzbekistan's confidentiality obligations are
implemented as set forth in Article 10 of the WTO Valuation Agreement.
Answer:
Provisions of ensuring confidentiality of the submitted information are stipulated in Article 6 of the
Law of the Republic of Uzbekist an On State Customs Services, which cover not only the information
regarding the customs value, but also other types of information received by the customs authorities.
Question 74.  
Article 11 of the WTO Valuation Agreement. Article 13 of the "On Customs Tariff" law
provides that an applicant has the right to "appe al against decisions of customs authorities with
regard to customs valuation according to procedu res established by the legislation." Annex 4 ofWT/ACC/UZB/4
Page 30
the MFT further states that "normally an appeal is filed first within the administrative body,
and upon completion of the administrative procedures, further appeal can be made to a judicial
body." The statement in Annex 4 appears to  implement Article 11 of the WTO Valuation
Agreement. However, we require Uzbekistan's legislation concerning right of appeal to verify
that the applicant has a right of appeal withou t penalty to a judicial authority and that the
applicant is given written notice of the decision on appeal as set forth in Article 11.2 and 11.3 of
the WTO Valuation Agreement.
Answer:
The legislation of the Republic of Uzbekistan provides the possibility to appeal to the law courts
claiming the protection of infringed rights and the compensation for the losses incurred as a result of
the illegal actions of the state bodies. In case of su ch an appeal the claimant shall pay the following
state duties.
- natural persons claiming the infringement of the rights of natural persons as a result of the illegal
actions by the state bodies or state officials pay the duty quintuple of the amount of the existing
minimal monthly salary in volume of fivefold (this duty is paid by the party found guilty based on
the court’s decision)
- legal persons:
- From the claims involving property duties are paid in form of a percentage of the value of the
claim (maximum charge – 3 per cent from the total amount of claim not exceeding the amount
of 1 million Soums; minimum charge – 1 per cent  from the total amount of the claim the total
value of which is over 10 million Soums);
- From the claims not involving property – tenf old of the amount of existing minimal monthly
salary.
Upon results of investigation court announces its grounded decision, which is passed to the parties
involved in the case as well as to other interested parties.
Question 75.  
Article 14 of the WTO Valuation Agreement. The Republic of Uzbekistan has not indicated how
it will incorporate the Interp retative Notes set forth in Annex I of the WTO Valuation
Agreement in its customs valuation regime. We note that in Annex 4 of the MFT, Uzbekistan
acknowledges that the "Interpretative Notes are not included in the current legislation. The
State Customs Committee knows the issue... . Th e issue of whether or not to include the
Interpretative Notes will be taken into consideration in future deliberations on this question."
Article 14 of the WTO Valuation Agreement stipulates that the Interpretative Notes to the
Agreement form an integral part of the Agreement  and the Articles are to be read in connection
with the Interpretative Notes. Thus, the text of the Interpretative Notes must form part of the
implementing legislation.
Additionally, Uzbekistan states that Regula tion No. 390 contains provision for customs
evaluation and includes interpretative notes. We do not have a copy of Regulation No. 390. If
this regulation is relevant to customs valuation, we require a copy for review and comment onits consistency with the WTO Valuation Agreement.
Answer:
Please refer to the Guidance №390 dated 13 January 1998 available under document
WT/ACC/UZB/4/Add.1 (Ref. No. 4).WT/ACC/UZB/4
Page 31
Question 76.  
The Republic of Uzbekistan notes that it has not implemented the Committee on customs
Valuation Decision 4.1 concerning the "Valuati on of Carrier Media Bearing Software for Data
Processing Equipment" or the "Decision on the Treatment of Interest Charges in the Customs
Value of Imported Goods." Question 14, Annex 4 of the MFT. Uzbekistan states that the State
Customs Committee is familiar with these Decisi ons and will take them into consideration in
future deliberations on the matter. We encourage Uzbekistan to implement both of these
Decisions.
Answer:
Please refer to the Guidance №390 dated 13 January 1998 available under document
WT/ACC/UZB/4/Add.1 (Ref. No. 4).
Question 77.  
Additionally, we note that in §111.2 in the MF T Uzbekistan states that "Export and import
prices are controlled in such a way as to ensure that the goods were not exported below or
imported above world prices." We would appreciate clarification of this statement as it applies
to the customs valuation of imported goods into Uzbekistan. This language could be interpreted
such that Uzbekistan would use minimum pricing in valuing imported goods. Minimum pricesor arbitrary and fictitious pricing is specifically prohibited by Article 7 of the WTO Valuation
Agreement. We note and as stated above Uzbe kistan has implemented Article 7 of the WTO
Valuation Agreement it its Article 23.
Answer:
In accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №137
dated 31 March 1998, the registration of export contracts for goods listed in Appendix №1 of the
Decree, is carried out by taking into consideration the conjuncture on the international markets, as
well as, the supply and demand status on the regional markets. Based on this Resolution of the
Cabinet of Ministers of the Republic of Uzbekistan the Regulation №421 and 424 have been
developed, which govern the registration procedure of export and import contracts in the Ministry offoreign economic relations. Section II stipulates, that one of the key requirements is the conformity of
the contract prices to the average prices on the international markets and its conjuncture.
Registration of contract does not directly affect the customs valuation. It makes only indirect
influence on the customs valuation. Besides, it should be noted that not all contracts are subject to
registration.
See also the Decree of the Cabinet of Ministers №137 dated 31 March 1998 available under document
WT/ACC/UZB/4/Add.1 (Ref . No. 5).
(i) Other customs formalities
Question 78.  
Does Uzbekistan require authentication of import  documents by consular or other authorities in
the country of export, and if so what are the charges for this requirement?WT/ACC/UZB/4
Page 32
Answer:
Customs authorities carry out the verification of the authenticity of the import documents through
consulates and other organs only in cases, when the documents submitted to the customs authorities
are inconsistent with the existing requirements an d when customs authorities doubt the authenticity of
the documents.
(j) Pre-shipment inspection
Question 79.  
The Cabinet of Ministers of the Republic of Uzbekistan adopted the Resolution No. 534 " On
Measures for an Independent Expertise of Contracts and Pre-shipment Inspection of Imported
Goods" of 3 December 1997, which provides for co ntracting private firms to assess compliance
with quality, quantity, and level of prices of imported goods through pre-shipment inspection in
order to ensure the importation of quality co nsumer goods, foodstuffs, machinery, equipment
and technologies. Firms providing standards in spection will be registered with Uzgosstandard
(State Standards Committee).
Please detail how PSI firms are selected. What kinds of customs and other services are these
entities expected to perform? Is use of a PSI firm by exporters to Uzbekistan mandatory in
order to sell into the market?
Answer:
Accreditation of the consultancy (inspection) firms involves the following major stages:
- Submission and expertise of the documents related to operations of the firm;
- Establishment of the Commission for auditing the company;
- Verification of the authenticity of the documents submitted by the company;
- Analysis of the results of the audit/verification and taking relevant decision, drawing up the
licensing agreement, registration and insurance of the accreditation certificate to the applicant.
Proceeding to every subsequent step is carried out only if the results of the previous step never been
positive.
Consultancy Company that wishes to be accredited shall submit the application to the State Standards
Organization. The following documents s hould be attached to the application:
- Information on experts, involved in pre-shipment inspection;
- Information on the accredited bodies of certification and test laboratories, with which the
company intends to work on certification of the imports;
- Information on available of documents, which are necessary for pre-shipment inspection of the
quality of goods.
After receiving the documents, Uzgosstandart studies the status of the company, existing rules and
norms used in pre-shipment inspection, evaluates their consistence with the generally accepted
international rules and legislative acts of the Republic of Uzbekistan in the area of quality
(certification) and quantity control of products.
In case the company is found eligible for the accreditation based on the results of the examination,
applicant is issued the expert’s statement mentioni ng the eligibility of the company for accreditation.
In case of inconsistency of the submitted documents with the requirements, they are returned to the
applicant together with the remarks.WT/ACC/UZB/4
Page 33
The applicant-company can resubmit the documents to Uzgosstandart after revising the
inconsistencies found.
In case of positive results from the examination of documents, Uzgosstandart establishes a
Commission, which within 15 days period verifies the actual consistence of the company with the
submitted documents and its capacities to fulfill the referred functions. During the process ofverification the Commission audits the conforming of actual state of the company with submitted
documents and evaluates its capability to fulfill the stated functions. Upon result of the verification
process, an act is drawn in the optional form, which states the eligibility of the company for pre-
shipment inspection. The statement is signed by the members of the Commission and given to the
head of the company. In case of positive results from the examination, State Standards Organization
takes a decision on accreditation of the company and on its base concludes licensing agreement with
the company, files, registers and issues the certificate of accreditation of a given form. The period ofvalidity of the accreditation certificate is 3 years from the date of registration.
During the entire period of validity of the certi ficate of accreditation, Uzgosstandart inspects the
functioning of the accredited company with regards to its performance in the area of pre-shipment
inspection of products (goods) in accordance with the plan (but not less than once a year).
In case of breaching the accreditation requirements, Uzgosstandart takes a decision on termination or
abolishment of the validity of the certificate of accreditation. In this case, the company is notified
within the period of not more than 10 days after such decision is taken.
The company is entitled within 15 days to protest in an established procedure against decisions related
to the issue of accreditation and abolishment.
6 months prior to the expiration of the period of validity of the certificate of accreditation, the
company submits an application to Uzgosstandart in the order stated in Article 3. The extension of the
period of validity of the accreditation certificate depends on the results of the previous inspections and
may include:
- accreditation in accordance with the requirements of above-mentioned document;
- the extension of the validity term of the accreditation certificate without procedure of
reaccredidation.
In the course of audit (technical inspection) of the company, experts of Uzgosstandart base their
actions on the current legislation of the Republic of Uzbekistan, as well as on the provisions of the
Guidance for auditors, prescribed by the Interna tional federation of inspection agencies with aim at
auditing the inspection companies.
Question 80.  
We are informed that only one firm (i.e. ITS) is currently licensed to perform PSI services. Why
is this the case and what measures is Uzbekistan taking to broaden the number of firms?
Answer:
At present time there are two inspection firms accredited by Uzgosstandart:
- Intertec Testing Services (United Kingdom);
- Control Union International (Bremen, Germany).
- The agreement has been signed with the SGS company (France).
Currently negotiations are being held with a number of other inspection companies.WT/ACC/UZB/4
Page 34
Question 81.  
Are all goods for importation, except those valued at US$50,000 or less and goods licensed by
MFER, affected by this Resolution? If not, wh at goods must have pre-shipment inspection? Is
there differentiation in pre-shipment inspectio n requirements based on the source of goods?
Answer:
Currently, the Customs Bodies require mandatory pre-shipment inspection only for alcoholic and
tobacco goods irrespective the country of origin and/or export.
Also, it should be mentioned, may chose between the MFER or consulting companies for pre-
shipment inspection. In case of receiving a statement from consulting company of quality, quantity
and price, MFER shall register contracts on th e basis of mentioned statement two working days
without prior arrangement.
Question 82.  
How are fees and charges for these services levied? Is there appeal to Uzbek legal institutions on
customs matters handled by the PSI service?
Answer:
The rates of changes for services of pre-shipment inspection are not regulated by the State and
determined by supplier and receiver of the services on mutual agreement.
Taking into account the agreed character of relationships between an applicant and consulting
company, all disputes arising between them are solved in general order established by the legislation
for settlement of disputes between entities.
In case if applicants believe that problems are related to ungrounded requirements of customs bodies,
then, as mentioned above, the Civil Code and other normative acts of the Republic of Uzbekistanprovide an opportunity for natural and legal persons to appeal against illegal actions of authorities,
bodies of state power and management to courts. The damages of a citizen or legal person resulted
from such actions are also subject to reimbursement.
Question 83.  
Please provide a copy of Resolution No. 534 "On Measures for an Independent Expertise of
Contracts and Pre-Shipment Inspection of Imported Goods" of 3 December 1997.
Answer:
Available under document WT /ACC/UZB/4/Add.1 (Ref. No. 6).
(k) Application of internal taxes on imports
Question 84.  
Value Added Tax (VAT).  The Tax Code of the Republic of Uzbekistan established a 20 per cent
rate of VAT for the goods (work, services) imported to the Republic of Uzbekistan. For fourtypes of foodstuffs (flour, bread, meat and milk) the rate of VAT is 10 per cent. VAT on
imported goods is paid before or during the customs procedures. The Article 71 of the Tax Code
describes the list of VAT exemptions.WT/ACC/UZB/4
Page 35
Please indicate the taxable base for the application of the VAT to imports and to domestic
goods. Is the VAT calculated on the invoice value of the good or the value plus the duty? At
what point of sale is the VAT applied to domestic goods?
Answer:
Currently, in accordance with the Tax Code of the Republic of Uzbekistan single 20 per cent rate of
VAT is incurred on domestic as well as imported goods.
Besides, internal tax legislation foresees the VAT mechanism based on the principle of destination for
export of goods at zero rates, and for import at the current rate.
The list of exemptions, that covers rate of VAT in export and import of goods, has not been set for the
VAT.
The order of taxing of the VAT, which is based on the principle of destination, is also used in supply
of goods (works, services) into the Republic of Uzbekistan from the countries of CIS, i.e. the VAT onimports from the countries of CIS at the current rate and zero rate on export to the countries of CIS in
freely convertible currency.
In accordance with Article 70 of the Tax Code, the rate of the VAT on imported goods includes
customs value, identified in accordance with customs legislation, as well as the rate of excise tax and
import customs levies, that are subject to pay during the importation of goods.
Question 85.  
Are VAT levels for imports the same as those ap plied to domestic goods? Please identify any
instances where a lower VAT rate is applied to domestic goods than to imports and list the rates
applied.
Answer:
The levels of the VAT are the same to import as well as domestic goods.
Question 86.  
Are there any exemptions from the VAT other than that for imports of certain technology
goods?
Answer:
In accordance with the Tax Code of the Republic of Uzbekistan and item 4.1 of the Guidance on order
of applying VAT relating to goods, works, services imported into the territory of the Republic of
Uzbekistan and registered in the Ministry of Justice on 6 November 1998 №520, following
exemptions from the VAT are foreseen:
1. commodities intended for the official use by foreign diplomatic institutions and those conferred
the same status;
2. commodities, including those used for personal use, including those of initial acquis ition, by
diplomatic personnel of both permanent offices and those conferred the same status, as well as by
those living with them, who are not residents of the Republic of Uzbekistan;
3. commodities considered to be items of initial acquisition, imported to Uzbekistan by the
administrative and technical staff of both foreign diplomatic representations and those conferred
the same status, including their family members residing with them, provided they are not citizensWT/ACC/UZB/4
Page 36
of the  Republic of Uzbekistan or those without permanent residence in the Republic of
Uzbekistan;
4. commodities imported to the Republic of Uzbekistan  in the form of humanitarian aid complaint
with the procedure specified by the Cabinet of Ministers of the Republic of Uzbekistan;
5. commodities imported to the Republic by natural entities within the established duty-free quotas;
6. property supplied to the Republic to give help to aid or victims of natural disasters, armed
conflicts and accidents;
7. the following technological equipment imported into the territory of the Republic of Uzbekistan:
- needed to equip priority facilities included in the 1998 investment Programme (Annex 1);
- needed to implement investment projects funded from foreign credit resources under the
government guarantees;
- used by newly build enterprises or renovated specialized in on the production of consumer
goods;
- imported to the Republic by foreign investors as their share to the charter capital of
enterprises with foreign investment;
- technological equipment and a wide-range of pipes for the Republic's oil and gas industry
(Annex 2);
- technological equipment imported to the Republic in accordance with established order of
approved projects to  create new production facilities as well as to ensure modernization and
technical re-equipment of operation enterprises, provided by the relevant certifying document
issued by the authorized bank;
8. legal entities employing disabled who account for 50 per cent of the total workforce, with the
exception of these involved in commercial, mediator, supply and sale preparation activities.
When determining the eligibility for the above- mentioned preference, the enterprise's total
workforce should include all the employees being the staff members, as well as those working
under the contract agreement or other civil and legal agreements;
9. equipment (including devices, materials and systems, as well as information and equipment),
which is supplied in the framework of the following programmes and agreements:
- scientific, technological and innovation programmes and projects implemented in the
Republic of Uzbekistan under grant-aids of international and foreign organizations and
foundations;
- international agreements on scientific and technological cooperation on the basis of relevant
conclusion of the State Committee on Science and Technology of the Republic of Uzbekistan
on conformity with equipment supplied to the goals and objectives of the grant-aids (funds)allocated;
- In cases where equipment (including devices, materials, information and office equipment)
bought or supplied from the abroad is alienated, all due payments and taxes are made
according to the established procedure.
10. raw material and half-finished articles imported to the Republic of Uzbekistan by the enterprises
with foreign investments involved in production of footwear for children, to be used in own
production.
11. equipment, goods (works or services) importe d to the Republic of Uzbekistan at through
allocations of settlement under orders of budget organizations.
12. imported medicines and articles for medicine purpose.
13. insurance and re-insurance transactions, including related services carried out by mediators and
insurance agents.
14. accommodation and transfer of loans.
15. transactions concerning to money deposits, current  accounts, payments, transfers, cheque and
other securities.
16. transactions associated with the circulation of foreign currency and money considered to be at
tender for all debts except for those used for numismatic purposes.
17. transactions related to the circulation of securities, except for those associated with their issuance
and custody.WT/ACC/UZB/4
Page 37
18. activities which are subject to official tolls and carried out by specially authorized bodies.
19. services on keeping children in pre-school establishments, nursing of the sick and the aged.
20. ritual services rendered by funeral parlours and cemeteries.
21. patent duties, registration fees and licence payments payable for the acquisition of rights to use
objects of intellectual property.
22. products of enterprises specialized in the production of prosthetic and orthopedic appliances and
inventories for disabled, as well as relevant services rendered to disabled and product of medical
and production work-shops operating under clinics.
23. the sale of agricultural products of one's own production.
24. the sale of post stamps (except for collectable ones), as well as labeled postcards and envelopes.
25. services of organizations on payment of pensions and social benefits rendered.
26. services of urban passenger transport (except for taxis and fixed-route taxis), as well as services of
suburban passenger-trains and road transport for general use (except for taxis and fixed-route
taxis).
27. housing, communal and operational services rendered to the population.
28. services in the public education associated with education process, as well as tuition fees charged
in higher educational institutions and vocational training schools.
29. the sales turnover of precious metals sold to authorized state body in charge of custody.
30. services associated with certain rites and ceremonies rendered by religious establishments and
associations.
31. services rendered by clinics, health resorts, sanitary establishments, tourist  and excursion offices,
and sports centers as the main line of their activity; as well we children's camps.
32. the cost of privatized state property.
33. hydrometereological and aero logical works.
34. geological and topographic works.
35. earnings from the accomplished volume of works related to the  maintenance and repair of high-
ways for general use.
36. products and services rendered by publishing houses, editorial offices, printing plants, the Tele-
radio broadcasting Company and the National In formation Agency of the Republic of Uzbekistan
as the main line of their activity.
37. stenographical services.
38. environmental expertise services rendered by the authorized state establishments.
39. services associated with scientific and technological treatment, restoration, binding and use of
archives, as well as services aimed at improving document proceeding.
40. services associated with the teaching of the offi cial language, and record-keeping in the official
language.
41. building materials produced in  the Republic and sold to individual constructors.
42. completed volumes of constructing and contracting rebuilding and renovating entities involved in
private housing construction.
43. completed volumes of housing construction works fulfilled under contract for the construction of
houses for physical and legal entities signed with Uzzhilsberbank.
44. services associated with transportation, loading, unloading and re-loading of commodities
exported from the Republic, as well as commodities  transited  through the Republic of
Uzbekistan.
45. services of subdivisions of security within bodies of internal affairs.
46. non-state owned preschool educational instructi ons for three years from the date of the
registration provided that released funds are used to strengthen material and technical base, to
purchase equipment, inventory, didactic material, children's toys and books;
47. equipment, goods (work and services) imported by legal persons including nonresidents to the
Republic of Uzbekistan at the through budget al locations under orders of budget organizations;WT/ACC/UZB/4
Page 38
Question 87.  
Is there a rebate on the VAT for either domestic ally produced goods that are exported, or
imported goods processed and re-exported? If so, how does the system operate?
Answer:
There is no a rebate on the VAT for either domestically produced goods that are exported, or imported
goods processed and re-exported.
Question 88.  
Is the VAT rebated or zero rated for exports?
Answer:
The zero rates are used in export of goods in foreign currencies, including the countries of the CIS, if
otherwise is not foreseen in bilateral interstate agreements.
Question 89.  
Is the VAT applied to imports from the CIS? To imports from CIS countries with FTAs with
Uzbekistan? To Armenia and Turkmenistan? To Kyrgyz Republic, Georgia, and Moldova?
Answer:
The VAT is applied in relation to products originating from all above-mentioned countries.
Question 90.  
What are Uzbekistan's plans to switch to the destination principle of VAT application?
Answer:
Uzbekistan has already switched to the destination principle of VAT application since the Tax and
Customs Codes were brought in force in 1998.
Question 91.  
Please provide a copy of Article 71 of the Tax Code to the WP for review and any other relevant
laws on the application of the VAT.
Answer:
Article 71. Exemption from value-added tax.
The following commodities, works, services and transactions are exempt from VAT:1. insurance and re-insurance transactions, including related services carried out by mediators and
insurance agents;
2. accommodation and transfer of loans;
3. transactions concerning to money deposits, current  accounts, payments, transfers, cheque and
other securities;
4. transactions associated with the circulation of foreign currency and money considered to be at
tender for all debts except for those used for numismatic purposes;WT/ACC/UZB/4
Page 39
5. transactions related to the circulation of securities, except for those associated with their issuance
and custody;
6. activities which are subject to official tolls and carried out by specially authorized bodies;
7. services on keeping children in pre-school establishments, nursing of the sick and the aged;
8. ritual services rendered by funeral parlours and cemeteries;
9. patent duties, registration fees and licence payments payable for the acquisition of rights to use
objects of intellectual property;
10. products of enterprises specialized in the production of prosthetic and orthopedic appliances and
inventories for disabled, as well as relevant services rendered to disabled and product of medical
and production work-shops operating under clinics;
11. commodities imported by physical entities under certain tax-free quotas specified by the customs
law;
12. the sale of agricultural products of one's own production;
13. the sale of post stamps (except for collectable ones), as well as labeled postcards and envelopes;
14. services of organizations on payment of pensions and social benefits rendered;
15. scientific research and innovation works under state contracts carried out in scientific and
technical programmes of the State Committee for Science and Technics of the Republic ofUzbekistan;
16. services of urban passenger transport (except for taxis and fixed-route taxis), as well as services of
suburban passenger-trains and road transport for general use (except for taxis and fixed-route
taxis);
17. housing, communal and operational services rendered to the population;
18. services in the public education associated with education process, as well as tuition fees charged
in higher educational institutions and vocational training schools;
19. the sales turnover of precious metals sold to authorized state body in charge of custody;
20. services associated with certain rites and ceremonies rendered by religious establishments and
associations;
21. services rendered by clinics, health resorts, sanitary establishments, tourist  and excursion offices,
and sports centers as the main line of their activity; as well we children's camps;
22. the cost of privatized state property;
23. hydrometereological and aero logical works;
24. geological and topographic works;
25. earnings from the accomplished volume of works related to the maintenance and repair of high-
ways for general use;
26. products and services rendered by publishing houses, editorial offices, printing plants, the Tele-
radio broadcasting Company and the National In formation Agency of the Republic of Uzbekistan
as the main line of their activity;
27. stenographical services;
28. environmental expertise services rendered by the authorized state establishments;
29. services associated with scientific and technological treatment, restoration, binding and use of
archives, as well as services aimed at improving document proceeding;
30. services associated with the teaching of the offi cial language, and record-keeping in the official
language;
31. building materials produced in  the Republic and sold to individual constructors;
32. completed volumes of constructing and contracting rebuilding and renovating entities involved in
private housing construction;
33. completed volumes of housing construction works fulfilled under contract for the construction of
houses for physical and legal entities signed with Uzzhilsberbank;
34. services associated with transportation, loading, unloading and re-loading of commodities
exported from the Republic, as well as commodities transited through the Republic of Uzbekistan
(transit freightage);
35. legal entities employing invalids who account for not less than 50 per cent of the total workforce,
with the exception of legal entities involved in commercial, intermediary, sale and purchase and
procurement activities; (As amended according to the Law No. 729-I dated 25 December 1998.)WT/ACC/UZB/4
Page 40
36. property imported to the Republic with the purpose of providing assistance to victims of natural
disasters, armed conflicted and accidents, as well as commodities imported in the form of
humanitarian aid.
37. Point 37 has lost its validity according to the Law No. 729-I dated 25 December 1998.
38. equipment, materials (work and services) imported by the legal entities including non-residents of
the Republic of Uzbekistan at the expense of loans and grants provided by the international and
foreign governmental financial and economical organizations on contracts (agreements)
concluded by the Republic of Uzbekistan. (I ntroduced by the Law No. 621-I of 1 May 1998.);
39. subdivisions of security service operated at agencies of Internal Affairs. (Introduced by the Law
No. 729-I dated 25 December 1998);
40. private preschool educational establishments for three years from the date of the registration
provided that released funds are used to strengthen material and technical base, to purchaseequipment, inventory, didactic material, children's toys and books;
41. equipment, goods (work and services) imported to the Republic of Uzbekistan at the expense of
financial appropriations under orders of budget organizations.
Excise Tax
Question 92.  
Could Uzbekistan please clarify whether the levels  of excise taxes applied to imported goods are
the same as those applied to domestic goods? Is there discrimination among foreign suppliers,
e.g., do imports from CIS receive the same rate as that applied to imports from other countries?
If not, when and how will they be harmonized?
Answer:
There is different mechanism of excise taxation and list of excised goods in export, import and sale on
the territory of the Republic of Uzbekistan.
In export of goods (compound home appliances, automobiles of the Joint Venture of UzDeawoo,
alcohol and non-alcohol drinks, cigarettes, building materials and other goods as to be re-exported),
rates of excise tax are set at 50 per cent from customs value of goods, and automobiles of UzDeawooin Euro for 1 cm3. Meanwhile, the excise tax is not applied to goods exported in foreign currency by
producer-enterprises and their official dealers.
In importation of goods the list-excised goods is much broader and rates are set both from 10 per cent
to 100 per cent from customs value of goods and in Euro as well.
There is entirely different list (and on some positions this list matches imported excised goods) of
excised goods produced in the Republic of Uzbekistan, that are taxed at 5 per cent to 80 per cent to
the cost of goods on selling prices with account of excise tax.
The excise tax is applied to imported goods irrespective the country of origin or dispatching goods.
The only exclusion is the rate of excise tax of 5 per cent for new cars produced in and exported from
the Russian Federation.
Question 93.  
Please list all excise taxes currently in effect, by HS number, by country and for similar
domestic goods.WT/ACC/UZB/4
Page 41
Answer:
The list of excised goods in importation in 2000 was approved of by the Resolution of the Cabinet of
Ministers №554 dated 31 December 1999, On Forecasting Key Macroeconomic Indexes and the State
Budget for 2000 (available under document WT/A CC/UZB/4/Add.1 – Ref. No. 7) and the Resolution
of the Cabinet of Ministers №333 dated 25 July 2000, On Additional Measures for Adjustment of
Import of Certain Kinds of Commodities to the Territory of the Republic of Uzbekistan (available
under document WT/ACC/UZB/4/Add.1 – Ref. No. 8). The excise tax is imposed on excised goods
irrespective of the country of origin (extract from first and a copy of second acts available under
document WT/ACC/UZB/4/Add.1).
Question 94.  
Is the valuation used for application of excise taxes the transaction value, the invoice value, or
some other value? Please clarify and provide any relevant legislation pertaining to this question.
Answer:
In accordance with Article 106 of the Customs Code, the basis of excise tax is customs value of
goods.
Question 95.  
Please provide a copy of Article 82 of the Tax Code to the WP for review and any other relevant
laws on the application of excise taxes.
Answer:
Article 82. The Cabinet of Ministers of the Republic of Uzbekistan approves of the list of excise
goods and rates of excise tax.
(l) Rules of originQuestion 96.  
Please provide information on how Uzbekistan cu rrently applies, or is prepared to implement,
Article 2(h) and Paragraph 3(d) of Annex II of the WTO Agreement on Rules of Origin. Please
provide legal citations.
Answer:
Currently, Rules on determining the country of origin is applied in the republic. The Rules are
registered by the Ministry of Justice № 787 dated 30 July 1999, which foresees requirements of WTO
Agreement on Rules of Origin including provisions of  Article 2(h) and Para 3(d) of Annex II to be
taken into account.
At the same time, in accordance with Article 28 of the Law of the Republic of Uzbekistan On the
Customs Tariff, origin of the goods from given country is confirmed by the certificate of origin of
goods.
In importation of goods to the customs territory of the Republic of Uzbekistan the certificate of origin
of the goods has to be presented:
- for the goods, originated from the countries to which Uzbekistan grants customs preferences;WT/ACC/UZB/4
Page 42
- for the goods that are subject to import quantitative restrictions (quotas) or other measures of
regulation for foreign trade activity;
- in cases, when information on origin of the goods is absent in the documents represented for
customs clearances or the custom body has aground to doubt on truthfulness of the submitted
information on origin of the declared goods;
- if it is stipulated by the legislation and international agreements of the Republic of Uzbekistan.
Question 97.  
Please provide a copy of the draft legislation referred to in the resp onse to Question 28 of
WT/ACC/UZB/3 concerning Uzbekistan’s rules of origin, and the “Rules on determination of
the country of goods’ origin” which were deve loped by the Ministry for Foreign Economic
Relations referred to in the response to Question 29.
Answer:
Please refer to document WT/A CC/UZB/4/Add.1 (No. 9 refers).
(m) Anti-dumping regime
(n) Countervailing duty regime
Question 98.  
Please update the Working Party on Uzbekistan’s to develop legislation in these areas, in
particular as to when a draft of the law on “Countervailing Duties” would be available for
examination by the Working Party?
Answer:
Currently, the Government is considering a Draft Law. Dates of passing of the indicated Law will be
provided additionally.
(o) Safeguard regime
Question 99.  
What commodities are subject to safeguard measures at the present time?
Please describe in detail how Uzbekistan's safeguard measures implemented and how these
procedures are consistent with WTO provisions, including the Safeguard Agreement?
Please provide in translation a copy of the current law and regulations.
Answer:
In accordance with Articles 3, 8, 9, 10 of the Law On the Customs Tariff, Uzbekistan applies
safeguard measures, specific measures, and antidumping and countervailing duties.
The special duties are used as safeguard measures, if similar or directly competitive goods are
imported in the customs territory in quantities and in conditions, which may damage the producers of
the Republic of Uzbekistan, and also as a replying measure for discriminating and other actions ofother states, infringing interests of the Republic of Uzbekistan.
Anti-dumping duties are applied in cases of:WT/ACC/UZB/4
Page 43
- importing similar goods to the customs territory at the price lower than their real value in the
Republic of Uzbekistan, if such import may damage the producers of the Republic of Uzbekistan
or hinders to organize or expand production of  these goods in the Republic of Uzbekistan;
- exporting of goods from the customs territory at the price lower than their real value in the
Republic of Uzbekistan at the moment of exportation, if such import damages producers of theRepublic of Uzbekistan or hinders to create a normal competition among the producers of the
Republic of Uzbekistan.
Countervailing duties are applied in cases of:
- importing of goods to the customs territory of the Republic of Uzbekistan, in the process of
production or exporting of which subsidies have been used directly or indirectly, if such import
damages producers of the Republic of Uzbekistan or  hinders to organize or expand production of
these goods in the Republic of Uzbekistan;
- exporting of goods from the customs territory , in the process of production or exporting of which
subsidies have been used directly or indirectly, if such import damages interests the Republic of
Uzbekistan.
In accordance with Article 11, the Cabinet of Ministers of the Republic of Uzbekistan on individual
basis sets rates of specific duties and their rate has to be correlated with the rate of dumping costs,subsidies and defined damage.
To execute the Agreements of the WTO on safegu ard measures, anti-dumping and countervailing
duties, currently relevant drafts of legislation have been developed and submitted to the Government
for consideration.
2. Export Regulation
Question 100.  
Could Uzbekistan provide more information on the "insurance of export credits" by
Uzbekinvest. Specifically, what commodities are eligible for this program?
Answer:
The national insurance company Uzbekinvest established in 1994 to develop the system of insurance
of foreign and national investments was reorganized to National Company for Export-Import
Insurance in February 1997 in accordance with the Decree of the President dated 18 February 1997,
and the Resolution of the Cabinet of Ministers №113 dated 28 February 1997, in order to ensure
reliable protection of interests of national exporters and investors on the international market of
technologies, goods and services, to promote to foreign markets.
The insurance cover is given to the residents-exporters of the Republic of Uzbekistan and commercial
banks-residents of the Republic of Uzbekistan only for transactions related to exportation (includingleasing) of goods originating from Uzbekistan.
The insurance of export credits, carried out in accordance with the international norms of export
insurance, covers political and commercial risks.
Uzbekinvest carries out the insurance of export credits by the scheme of “Credit for Buyer” as well as
“Credit of a Supplier”.
The insurance is given to those credits, which are provided by commercial banks-residents of the
Republic of Uzbekistan and (or) by exporters to foreign partners for purchasing of products with theWT/ACC/UZB/4
Page 44
country of origin – Uzbekistan on the terms and dates conforming with the international practice of
export crediting, in particular:
- payment by foreign partner (buyer) in advance at the amount of not less than 15 per cent from the
value of the contract, if credit is provided for a period of more than one year;
- observance of a maximum period of credit use (exception for grace period) up to 5 years and, for
certain goods, up to 12 years;
- redemption of main debt on credit after the fulfilment of export contract by step-by-step payments
not rare than every six months simultaneously wi th the payment of interest rates unpaid amount of
the credit.
Coverage of the risks is carried out in Soums  or in any other freely convertible currency. The
compensation in case of damage is carried out by an insurance organization in the currency by which
the premium has been paid. The guaranty for the obligations of export insurance of Uzbekinvest is theMinistry of Finance of the Republic of Uzbekistan.
Presently, Uzbekinvest has developed and is offering the following types of insurance policies:
- Complex insurance of export contracts, in relation to single export contracts, as well as in relation
to annual export portfolio of an exporter;
- Insurance against non-fulfilment of a foreign bank (guarantor) of obligations on letter of credit
(guaranty);
- Insurance against cancellation of export contracts in pre-shipment period both by private and state
buyer (coverage is provided for political risks only);
- Insurance of export credits (“Credit to Buyer”);
- Insurance against confiscation, expropriation and nationalization;
- Insurance of leasing operations.
Uzbekinvest is a full member of the sector of export-credit agencies for Central and Eastern Europe of
International Union of Credit and Investment Insurants (Berne Union), and in its insurance activity,
Uzbekinvest observes the provisions of Consen sus of Organization for Economic Cooperation and
Development (OECD).
Question 101.  
Uzbekistan states that Presidential Decree No. UP-1871 of 10 October 1997 provides "in cases
where the share of exported goods is 30 per cent or more of total sales, the rate of the profit tax
is half the existing one."
This statement appears to be in conflict with the terms of the Subsidies Code. How does
Uzbekistan intend to proceed to bring this practice into line with WTO requirements.
Answer:
An alike-developed country, Uzbekistan is just de veloping its industrial base, which can compete with
foreign producers.
In these conditions the application of tariff me thods of regulation of mentioned processes is a
reasonable method of regulation of economy that has been used and being used by all states.WT/ACC/UZB/4
Page 45
Question 102.  
Does Uzbekistan provide any other programs that condition the receipt of incentives or benefits
for any firm on whether it exports or uses loca l materials in the production process? If so,
please describe these programs.
Answer:
The Republic of Uzbekistan applies a wide system of stimulation of enterprises, which meet certain
requirements. The main criterion is import-substitution, export-orientation of production, and
participation of foreign capital.
Question 103.  
Per the response to Question 58, please provid e more details about the provisions and special
tax exemptions allowed for export oriented en terprises under this program. Please include, if
possible, information concerning: the purpose and goal of the programs, what type of funding isprovided and by whom, who or what firms or sectors is eligible to receive funding, the terms of
financing, the dollar amount of the funding, and the expiration dates of the programs. Please be
specific.
Answer:
Mentioned in Question 58 State Program on Developing Export Potentials had been developed to
implement the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan dated
28 February 1997, №116 (item 7) and was approved of by the Resolution №110 dated 12 March
1998.
The Program does not contain any specific tax privileges, however item 8 (Measures for economic
stimulation on development of export potentials) of the Program includes a number of measuresproviding for stimulation of tax privileges for export-oriented enterprises including:
- lowering tax rates for small manufacturing enterprises;
- developing complex of measures for lowering indirect taxation of export services and bringing in
conformity with on provisions of the World Trade Organization the issues for regulating export
services.
Basic provisions covered by the Program are listed below:
1. Current situation and prerequisites for developing export potentials;
2. Assessment of resource base of export potentials;
3. The Program for Developing Export Potentials for Industrial Sectors;
4. The Program for Developing Export Potentials for Agro-industrial complex;
5. The Program for Developing Export Potentials for services;
6. The Program for Developing Export Potentials in the sphere of intellectual property;
7. The Program for Developing Export Potentials in the sphere of small and private business;
8. Measures of economic stimulation for developing export potentials;
9. Basic parameters and stages of realization of the Program.
Goals and Objectives of the Program
The basic goal of the Program is to provide the conditions for steady growth of exports and
improvement of its structure on the base of maximal use of available recourse and production
potentials and its further development. Achievement of the aim foresees the necessity of transitionWT/ACC/UZB/4
Page 46
from passive to active export strategy, targeted formation of new industrial and geographical structure
of export, enlarging a nomenclature and increasing competition of export products, applying
progressive forms of international trade-economic cooperation.
The objective of enlarging export potentials, deepening the process of reorientation of enterprises to
production of competitive export products, obtaining strong position on the world market is defined asone of fundamental priorities of the program of reforms carried out in Uzbekistan. Taking into
account all complex of factors determining the condition and perspectives of export potentials
development in Uzbekistan, the main objective of the Program is to form a complex of economic,
organization, at legal and other conditions and prerequisite for export development, and to increase of
its effectiveness. The important prerequisite for increasing the production of export-oriented products
should be maximal realization of available export potentials.
Forming effective instruments for providing state fi nancial, tax, informative-consultative, marketing,
diplomatic and other kinds of assistance for exporters foresees the resolution of a number of following
tasks:
- conduct systematic works on research and analysis of export potentials of the country;
- permanent monitoring and analyzing export activity of entities of the republic;
- ensure operation of the instruments for financing the state support to the exporters;
- create an effective system of foreign trade information and informative-consultative services
including their regional and foreign representatives.
Question 104.  
The response to Question 5 of WT/ACC/UZB/3 stated that, with regards to financing for
expandable automobile exports, export subsidies were not intended. A question remains,however, whether export subsidies, or special fi nancing terms, will in fact be extended to the
automobile-exporting sector as a result of this program or others.
Answer:
Under the realization of indicated program in the sphere of enlarging of automobile export, it is
expected to continue the work on creating joint ventures on producing spare parts for“UzDaewooAuto” Joint Venture.
Question 105.  
Please clarify what types of programs will be en acted to help the automobile sector increase its
exports, and whether any funding will be provided by the government. In addition, please give
more detail about the following decrees, incl uding any financing terms or special programs,
which they may authorize.
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 118, 26 March 1996;
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 304, 3 September 1996;
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 302, 17 June 1997, etc.
Answer:
With the purpose to develop the automobile industry in Uzbekistan, the Government of the Republic
of Uzbekistan adopted a number of resolutions for increasing the sales of the products of“UzDaewooAuto” Joint Venture to  export through development of distribution system, opening
service centers etc.WT/ACC/UZB/4
Page 47
3. Internal policies affecting foreign trade in goods
(a) Industrial policy, including subsidy policies
Question 106.  
Concerning the response to Question 3 of WT/ACC/UZB/3, please explain in more detail what
types of state incentives were provided to “Uzmya somolprom” enterprises (i.e. grants, loans, tax
concessions, support for technology or environmental improvements etc.). When does
Uzbekistan expect that the state support for these operations of these enterprises will be
terminated?
Answer:
To support the industry, the Government of the republic, on the base of the tender conducted in 1995
among German firms-producers, signed the contracts with four companies to supply the equipment
for technological re-equipment of the enterprises of diary industry, and for this purpose the GermanBank KfW under the state guaranty has provided long-term credit in volume of 11 million DM.
In 1998 also under the state guaranty the French Bank “Societe General” provided the credit in
volume of 1.08 million US$ for purchasing 6 technologic lines for producing hard cheeses of the firm
“Aktini”.
All this allowed assimilating the production of new kinds of diary products and increasing the volume
of production.
Question 107.  
The response to Question 4 of WT/ACC/UZB/3 stated that exports of juice, drinks, and cakes
were expected in 1999 from the “Uzmyasomolprom ” (Uzbek meat and milk production). How
do these products qualify for incentives under the programs for the meat and milk production
industries?
Answer:
The Program of Development of Export Potentials of the Association “Uzmyasomolprom” enterprises
foresees and carries out the export of juices, soft drinks and cakes produced by joint ventures.
Question 108.  
Per the response to Question 8 of WT/ACC/UZB/3, please provide more details about certain
sectors’ eligibility as exempt from paying property taxes, including who (or what sectors) is
exempt, and the expected duration of this program.
Answer:
According to the Tax Legislation, the property tax to is not imposed on the property of legal persons:
- of noncommercial organizations, with the exception of the property used for business activity;
- used for needs of public education and cultural institutions;
- of housing-municipal and other urba n properties of civil designation;
- on basic type of activity in the sphere of production, selection and storage of agricultural and
cattle-breeding products;
- of growing, fishing and processing fish;WT/ACC/UZB/4
Page 48
- of manufacturing enterprises with the share of foreign capital in the charter fund not less than
US$500,000;
- of newly created enterprises conducting tourism activity in the cities of Samarqand, Bukhoro,
Khiva and Toshkent since the date of creation and gaining the first profit but for the period not
exceeding three years since the time of registration. In the cases of liquidation of such legalentities before the end of one year after indicated grace period, the sum of the tax is imposed at
the rate for whole period of their activity;
- of enterprises where staff-employment consists of not less than 50 per cent disabled except for
those involved in trade, mediation, supply, sales and preparatory activities;
- of newly created enterprises during two years since the date of registration;
The aforesaid tax concessions do not cover enterprises created on the base of production capacities
and main funds of liquidated (reorganized) enterprises, their branch offices and structural departmentsas well as legal bodies created under these enterprises if they use the equipment rented from those
enterprises;
for three years period since the time of registration for non-governmental preschool educational
institutions if the released funds are spent by them to strengthening material-technical base,
purchasing the equipment, inventory, deductive materials, child toys and literature.
Local authorities can provide additional concessions to taxpayers whose property is on their territory.
Last decisions of the Government also provide for additional concessions for enterprises-producers
exporting their products on freely convertible currency.
Question 109.  
Concerning the response to Question 13 of WT/ACC/UZB/3, please explain with regard to the
following programs: the purpose and goal of the program; what type of funding is provided and
by whom; who or what sector is eligible to rece ive funding, and the criteria applied; the terms of
financing, the dollar amount of the funding, and the expiration dates of the programs.
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 171, 29 March 1994 “On
State Programme for deepening of processes fo r state liberalisation and privatisation in the
Republic of Uzbekistan”.
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 344, 28 August 1995 “On
State Programme for support of development of small and private businesses in the Republic of
Uzbekistan”.
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 344, 28 August 1995 “On
National programme for reconstruction and development of communication network in the
Republic of Uzbekistan”.
The Decree of the Cabinet of Ministers of the Republic of Uzbekistan 110, 12 March 1998 “On
State Programme for development of export potential of the Republic of Uzbekistan”.
Answer:
Copies of these normative acts are available through document WT/ACC /UZB/4/Add.1 (Nos. 10, 11,
12 and 13 refer).WT/ACC/UZB/4
Page 49
(b) Technical regulations and standards, including measures taken at the border with
respect to imports
Question 110.  
Our review of the documentation indicates that Uzbekistan currently does not have in place a
well-defined and transparent set of procedures to ensure that bo th local and foreign businesses
can understand and comply with applicable standards, technical regulations, certification
requirements, and conformity assessment procedures.
Please fill out the attached checklist, citing sp ecific Uzbek legal provisions that correspond to
specific provisions of the WTO TBT Agreement.
Answer:
Taking into account that currently new legislative acts are being developed in this sphere, this
checklist will be submitted later.
Question 111.  
Please fill out the checklist contained in WT/ACC/8 on implementation of the WTO Agreement
on technical barriers to trade, citing specific Uzbek legal provisions that correspond to specific
provisions of the WTO TBT Agreement.
Answer:
The Laws of the Republic of Uzbekistan: On Certification of Products and Services, On Protection of
Rights of Consumers, On Quality and Safety of  Food Products, On Metrology, On Standardization.
Question 112.  
Please describe Uzbekistan's program of application of quality and safety certification
standards to imports.
Answer:
Certification of products in the Republic of Uzbekistan is carried out in accordance with mentioned
above laws, the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №409 dated
12 August 1994 and fundamental documents of the Nati onal System of certification of the Republic of
Uzbekistan irrespective whether such products are imported, exported or produced on the territory ofthe Republic of Uzbekistan. At the same time certification of imported goods is carried out within
safety indications, which are contained in the normative documents acting on the territory of the
republic.
Question 113.  
What certificates are required to pass the Uzbekistan border?
Answer:
To import goods to the customs territory of Uzbekistan depending on a kind of product following
documents may be required;WT/ACC/UZB/4
Page 50
1. Certificate of conformity issued by accredited National Agency on Certification of the Republic
of Uzbekistan, agencies on certification;
2. Certificate of origin;
3. Certificate of quality;
4. Ecological Certificate (for CIS countries) or Certificate on ISO 14000;
There is approved by the Cabinet of Ministers of the Republic of Uzbekistan “Nomenclature of
products and services subject to obligatory certification”. It identifies whether import goods are
subject to certification or not.
The National body of the Republic of Uzbekistan on Certification is “Uzgosstandart”
(UzStateStandart). The system of ecologic certification is registered and functioning at
Goskompriroda (State Committee of Nature Protecti on) of the Republic of Uzbekistan within the
National System of certification.
From the view of ecologic certification it is necessary to test and certify every each part of
environmentally harmful product.
In some cases, companies are required to submit confidential information. In these cases
representatives of certification bodies shall issue the guaranteed on non-divulgation of confidential
information.
Question 114.  
Is there a specific list of products and equipment subject to certification? What are the
coordinating bodies for certification in Uz bekistan? What laboratories are providing
certification services, both in Uzbekistan and abroad?
Answer:
The Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №409 dated 12 August
1994 has established the List of products subject to mandatory certification in Uzbekistan. According
to the Law of the Republic of Uzbekistan On Ce rtification of Products and Services coordinating
agency in the sphere of certification is “Uzgosstandart” identified as the National Agency on
certification. Certification tests are carried out in accredited test laboratories.
Question 115.  
Are there efforts on going to simplify and make this process more transparent?
Answer:
The documents of the National system on certification are reviewed periodically taking into account
requirements of international standards; single rules on certification of specific products are
developed as well.
Question 116.  
Does Uzbekistan have, published and available for traders, (a) a list of accredited laboratories;
(b) the provisions and procedures of the certification scheme that clearly states both procedures
and costs; (c) the rules on the testing and samp ling of imported goods that details the amount of
sample to be taken, and a predicted time frame to receive results?WT/ACC/UZB/4
Page 51
Answer:
The source for facilitating acquaintance with the rules and procedures of certification is the
documents of the National System on Certification. These documents are available in “Uzgosstandart”
or in the “Standards” bookstore.
Accredited agencies on certification and test laboratories have been registered in the State registers of
“Uzgosstandart”; the information on th em is available in “Uzgosstandart”.
Question 117.  
Is there "type acceptance" of any kind currently in place? If not, what are Uzbekistan's plans to
create such facilities? What are Uzbekistan's procedures for assessing the equivalence of the
certification procedures of other countries, or of internationally recognized institutions?
Answer:
The order on certification of specific product is determined by the “Order on certification” established
in the system of certification of homogeneous products.
Question 118.  
How often must products be re-certified? Must a product be re-certified even if nothing about
the product has changed?
Answer:
A period of validity of the certificate on conformity is defined on the basis of the best before date
indicated on the “package”, however, according to the rules of certification; the inspection control is
carried out during the period of operation of the certificate. The frequency of the inspection control is
indicated in the certificate.
Question 119.  
How are trade secrets and proprietary informatio n handled? Are companies forced to turn over
such information in order to receive a certificate?
Answer:
According to the rules of the National System of Certification and procedural documents, agencies on
certification guarantee to ensure confidentially of the information given by a provider of information.
Question 120.  
What are the language requirements for technical documents submitted to UzGost? Are both
Russian and Uzbek accepted? Will an Uzbek-language only requirement be imposed in 2002?
We have heard that some importers are being asked to submit documents in Uzbek. Is this true?
Answer:
According to Article 14 of the Law On State Language persons residing on the territory of the
Republic of Uzbekistan have a right to accommodate to state organizations and institutions, publicassociations with applications, proposals, complaints on state and other languages.WT/ACC/UZB/4
Page 52
Question 121.  
Does UzGost charge a fee for this Russian-Uzbek translation if done in-house?
Answer:
“Uzgosstandart” does not officially translate documents from one language to another one.
Question 122.  
Concerning Uzbekistan's standards, what port ion of Uzbekistan's standards are mandatory,
and what is being done to assess whether they should be made voluntary?
Answer:
Mandatory indications are stipulated in the new and reviewed normative acts and standards of
Uzbekistan, others are considered as voluntary with regard to requirements of WTO Agreement on
Technical Barriers in Trade.
Question 123.  
Do the standards vary depending upon country of origin?
Answer:
“Uzgosstandart” accounts national certificates of conformity and marks of conformity and those of
other states recognized by “Uzgosstandart”.
(c) Sanitary and phytosanitary measures, including measures taken with respect to imports
Question 124.  
Based on the Law "On the State Sanitary Control" of 3 July 1992, the Ministry of Health
undertakes hygienic certification and expertise of many imported consumer goods (food, raw
materials, medicines, chemicals and minera ls). These goods are listed in Annex 5. The
aforementioned goods should meet medical and biological standards No. 0065-96. In case of
non-compliance with these standards, the goods are prohibited for importation to the Republic
of Uzbekistan and use therein.
Please fill out the attached checklist, citing sp ecific Uzbek legal provisions that correspond to
specific provisions of the WTO SPS Agreement.
Answer:
The list of specific legal provisions of Uzbekistan that correspond to WTO Agreement on SPS
contains following documents:
- The Laws On State Sanitary Control dated 3 July 1992 and On Quality and Safety Food Products
dated 30 August 1997;
- Regulation On Order on Certification of Products and Services dated 19 July 1999.WT/ACC/UZB/4
Page 53
Question 125.  
Please fill out the checklist contained in WT/ACC/8 concerning compliance with the WTO
Agreement on Sanitary and Phytosanitary (SPS) Measures, citing specific Uzbek legal
provisions that correspond to specific provisions of the WTO SPS Agreement.
Answer:
Taking into account that presently new legislative acts are being developed in this sphere, this
checklist will be provided later.
Question 126.  
Please provide copies in translation of the Law on State Sanitary Control (3 July 1992) and the
Law on Quality and Safety of the Food Items (30 August 1997). These were not appended, as
indicated in the response to Question 36 in WT/ACC/UZB/3.
Answer:
Copies of indicated documents are available th rough WT/ACC/UZB/4/Add.1 (Nos. 14 and 15 refer).
Question 127.  
Has Uzbekistan established an enquiry point with respect to SPS measures?
Answer:
The requirements for sanitary norms and rules on parameters safety of food products have been
established.
The Law of the Republic of Uzbekistan On Quarantine of Plants dated 31 August 1995, Rules for
Protection of the Territories of the Republic of Uzbekistan from Quarantine Vermins, Plants and
Weeds dated 5 December 1997, provide a number of legislative provisions on rules of import of
seeds, plants and products of vegetable origin in the Republic of Uzbekistan import of which iseligible only if import quarantine permission is issued by Republican Main State Inspection on
Quarantine of Plants under the Ministry of Agricultural and Water Resources of the republic of
Uzbekistan.
Question 128.  
Does Uzbekistan recognize international sanitary and phytosanitary standards?
Answer:
The Republic of Uzbekistan recognizes standards according to requirements of the legislation of the
Republic of Uzbekistan.
Uzbekistan observes WTO requirements on sanitary and phytosanitary control (SPS). Phytosanitary
certificate, issued for quarantine products imported to the Republic of Uzbekistan, is document
confirming the lack of quarantine objects in such quarantine products.
Question 129.  
Is Uzbekistan a member of the Codex Alimentarius Commission (CODEX)? Does Uzbekistan
adopt Codex Standards for maximum residue levels (MRLs) for pesticides in food products?WT/ACC/UZB/4
Page 54
Answer:
The Republic of Uzbekistan is currently not a member of the Codex Alimentarius Commission.
Question 130.  
Is Uzbekistan a member of the International Plant Protection Convention (IPPC)? Does
Uzbekistan accept Phytosanitary Certificates issued by Members of IPPC as certification forphytosanitary status of plants and plant products?
Answer:
The Republic of Uzbekistan is currently not a member of the International Plant Protection
Convention (IPPC).
Question 131.  
Is Uzbekistan a member of the Office Internationale des Epizootie (OIE)?
Answer:
The Republic of Uzbekistan is a member of the Office Internationale des Epizootie since
12 October 1992.
Question 132.  
Uzbekistan should develop a proposed stra tegy for implementing the WTO Agreements on
Technical Barriers to Trade and on Sanitary and Phytosanitary Measures that includesimplementation of the substantive, procedural, and institutional requirements of these
agreements, e.g., enquiry points, publication for prior comment, elimination of mandatory
standards, conformity assessment procedures, etc. and provide information to the Working
Party on a timetable for completion of implementation.
Answer:
Please refer to the information given above.
(e) State-trading practices
Question 133.  
Uzbekistan indicates in WT/ACC/UZB/2 that is has largely dismantled state trading enterprises,
but that foreign trade in cotton, grain, ferrous and non-ferrous metals, oil, natural gas, and coalis still state traded.
Does Uzbekistan plan to allow private trade in  any of these remaining state traded goods? Is
there a timetable for such action?
Answer:
Taking into account that oil and gas industries are strategic, the Government of the Republic of
Uzbekistan adopted the Resolution On Establishment of the Activity of the National Holding
Company “Uzbekneftegaz” (Uzoilgas). On the basis of this Resolution, the National HoldingCompany “Uzbekneftegaz” and 8 large joint-stock enterprises have been created.WT/ACC/UZB/4
Page 55
39 per cent of Charter Fund of 8 joint-stock enterp rises is subject to free sales on stock exchange
including sales to foreign investors. Presently measures are being carried out for attracting investment
banks for selection of financial counselor on privatization of the company of “Uzgeoneftegazdobicha”
and “Uztransgaz”.
The Resolution of the Government of the Republic of Uzbekistan On Measures on Stimulation of
Attraction of Foreign Capital Within Privatization of State Property provides for privatization of
“Farghona Oil Processing Plant”. 40 per cent of plant’s shares are subject to sales to a foreign
investor.
Year by year controlling rate of the government on trading with these products is lowering. In 2001 it
is planned to put on a free sales all agricultural products.
Besides, the process of obtaining these goods requires large investments that can be provided only by
large state companies and agencies. These companies and agencies, financing producers ofagricultural products, naturally become owners of these goods according to futures contracts.
Concerning the export of energy resources, we inform that according to investment programs in
mining areas, investors which invest funds in to such mining, can be come owners of indicated
resources and export them independently according to agreements.
Question 134.  
Please outline how the procuring entities adhere to WTO rules regarding MFN treatment,
national treatment, administration of price co ntrols, and the application of quotas and licenses.
Answer:
With the purpose of further liberalization of foreign economic activity, improvement of regulation of
export-import transactions, the Decree of the President of the Republic of Uzbekistan №UP-1871
dated 10 October 1997 was adopted in accordance wi th that 3 per cent minimal rate of customs duty
was introduced for all nomenclature imported goods (works and services). The Resolution of the
Cabinet of Ministers of the Republic of Uzbekistan №80 dated 24 February 1998 On Measures of
Tariff Regulation has introduced import customs duty rating from 5 per cent to 30 per cent (exception
for automobile) on the nomenclature of commodities included in 65 commodity groups of CommodityNomenclature of Foreign Economic Activity.
Due to existing tariff regime the weighted average rate of import duties for all denominations of
import is 4.8 per cent.
In accordance with the Resolution of the Cabinet of Ministers №137 dated 31 March 1998 On
Additional Measures for Liberalization of Foreign Trade Activity in Uzbekistan, above-mentioned
rates of duties are duties of the most favored treatment. The tariff rates are doubled for those countries
to which MFT is not applied.
The Republic of Uzbekistan provides MFT for 38 countries in accordance with international treaties
of Uzbekistan.
Question 135.  
Uzbekistan notes that the state joint-stock co mpany, "Uzdonmakhsulot," controls most of the
flour milling in the country.  To what extent are other milling enterprises allowed to operate?
Can these import grain?WT/ACC/UZB/4
Page 56
Answer:
The Government of the republic carries out purchasing grains for state resources with the purpose to
optimal-guarantied supply of flour, bakery and macaroni products for the population, and creation of
necessary state reserves.
Purchasing grains for above-mentioned purposes is implemented by enterprises of the State Joint-
Stock Company “Uzhlebproduct” (Uz-bread-product) through concluding contracts with grain crop
producers.
State Joint-Stock Company “Uzhlebproduct” does not control productive activity of structural
enterprises since the state share in charter fund of  milling enterprises is about 25 per cent.
Coming from production capacities and an assortment of produced goods, enterprises of this system,
in the line with other entities, have a right for independent procurement through importing food and
forage grain and other products which are required for them to produce flour, bread-bun, baking,macaroni products and fodders in accordance with financial opportunities of these enterprises and
available customer market for finished products.
Question 136.  
WT/ACC/UZB/2 states that Uzbekistan procures basic foodstuffs for "state needs" on the basis
of competitive tendering. Such procurement is conducted by means of direct contracts with thedomestic goods producers or by the purchase of goods at fairs or bidding arranged the Republic
Joint-Stock Association for Wholesale and Co mmodity Exchange, "Uzulgurjibirjasavdo." The
contracts may be signed in such a case, upon receiving a consent (regarding prices) of the
Ministry of Finance or of its local bodies.
What products are involved in these purchases ? What are the "state needs" for which these
purchases are made? Are they for government consumption or for further distribution to the
population?
Answer:
Staple food products purchased for state needs are meat and meat products, animal fat, tea, sugar,
vegetable oil, flour, cereals, dry milk, infant nutrition, potatoes. The term of “state needs” means thatpurchases of food products, carried out fully or partly at the expense of state funds and are intended
for ensuring needs of state supply institutions, special consumers and for stocking in “Uzstatereserve”.
The state supply institutions are children’s homes, infant’s homes, children preschool institutes, daily
schools, boarding schools, high and secondary special vocational institutions financed from the
budget. Among are also hospitals, sanatoriums, prophylactic and therapeutic-prophylactic institutions
and others.
Question 137.  
What is the fee to receive tender documents for an organization wishing to bid? What other fees
are charged?
Answer:
The “Uzbektenderconsulting” Agency has tariffs for tender documentation established by the
Republican Commission on Coordination of Tenders. Tariffs are set in percentages depending onamount of purchases.WT/ACC/UZB/4
Page 57
Question 138.  
How are purchases for state needs distributed?
Answer:
In accordance with the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №397
dated 14 August 1997, purchases of staple food produc ts for state needs (for state supply institutions
and state reserve) are implemented as a rule on the basis of competition.
Besides, according to last decisions of the Government of the republic, alternative programs on
optimization of this matter have been developed.
Question 139.  
How are imports factored into these purchases? Does Uzbekistan maintain separate tendering
procedures for domestic goods/services versus imported goods/services? Please explain the
tender procedures established by the Council of Ministers for import procurements.
Answer:
According to above-mentioned Resolution, import purchases are carried out on the basis of tender in
that part which is not provided by the resources of domestic producers implying step-by-step
reduction of importing food products for state needs.
Question 140.  
Are there any other firms or government agencies engaged in "purchases for state needs" other
than "Uzbektenderconsulting".
Answer:
“Uzbektenderconsulting” Agency has been established on the basis of the Resolution of the Cabinet
of Ministers of the Republic of Uzbekistan №397 dated 14 August 1997 and №454 dated
26 September 1997 solely to establish and conduct tenders for supply of staple food products for state
needs. After conducting the tender and announcing its results, the winner of the tender concludes
contracts with authorized custom bodies. At the same time, current legislation of the Republic of
Uzbekistan also allows to conduct institutional tenders for supply different products for own needs.
Question 141.  
Do the tender processes and bidding procedures of the Republic of Uzbekistan adhere to
national treatment and nondiscriminatory principles?
Answer:
Current rules of conducting tenders for supply of food products for state needs have been established
to ensure economic efficiency of procurements, enlarge of numbers of suppliers, create an equality
among them irrespective of the property form and state ownership, provide the open procedures for
procurement of products, and develop competition between suppliers.WT/ACC/UZB/4
Page 58
Question 142.  
Does Uzbekistan maintain any domestic preference schemes for producers of procured
goods/services? If so, please explain the goods/se rvices involved and the details of the domestic
preference.
Answer:
Please refer to the information given above.
Question 143.  
In which types of "mass media" are tenders published?
Answer:
Depending on forms of conducted tenders, they can be open or closed (limited to a certain number of
participants). Information on open tenders is brought to the notice of companies through publication
of announcements in following “mass media” of the Republic of Uzbekistan: “Narodnoe Slovo”,“Halq Suzi”, “Pravda Vostoka” and “Business partner of Uzbekistan’ newspapers.
The information on closed tenders is not published in mass media outlets. The participation in such
tenders is carried out upon official proposals of the Commission.
Question 144.  
Is twenty days the standard length of time fo r tenders to be received? If so, are there any
exceptions to this rule?
Answer:
In accordance with Point 6.1 of the Resolution of the Cabinet of Ministers №454 dated 26 September
1997, available under document WT/ACC/UZB/4/A dd.1 (Ref. No. 2), “Uzbektenderconsulting”
Agency informs bidders about tender during the period not less than 30 days till the commencementof tender. The Republican Commission on Coordinati on of Tenders defines dates on consideration of
tender offers since the time of opening envelopes.
Question 145.  
Please explain the process of pre-qualification carried out by the Agency for Tenders.
Answer:
According to point 8.2 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan
№454 dated 26 September 1997, available under doc ument WT/ACC/UZB/4/A dd.1 (Ref. No. 4), the
process of pre-qualification of bidders is carried out by the “Uzbektenderconsulting” Agency in
accordance with the Order on Preparation and Conducting Closed Tenders, and is approved of by the
Republican Commission on Tenders. To participate in the pre-qualification process, applicants should
submit:
- the letter to the name of the Minister of Foreign Economic Relations with short description of a
company history, directions of activity, proposed products (works, services), financial
information, and experience of work in Uzbekistan or CIS;
- recommendation of servicing bank;WT/ACC/UZB/4
Page 59
- certified extract on registration of a firm in relevant state bodies of the country of registration;
- recommendations from famous foreign partners or not less than 3 letters of recommendation
issued by entities of Uzbekistan.
Companies are not eligible for tender if they:
- are in the process of reorganization, liquidation or bankruptcy;
- did not submit on time necessary documents for pre-qualification process including banking
guaranties on implementing financial obligations;
- do not meet requirements of the Commission on financial, production or commercial indicators.
Question 146.  
What are the criteria for judging tenders? Are there different criteria for domestic versus
foreign producers?
Answer:
The basic principles for conducting tenders are creation of equal competitive conditions for
participants of tenders, publicity, objective appraisal and unity of requirements. Appraisal of tender
proposals and definition of winner of tender is carried out on the basis of criteria indicated in tender
documentation. Additional technical, organizational and commercial advantages of submitted tender
propose as well as the reputation of participant of the tender also can be taken into account.
Question 147.  
Are there any licensing requirements for fore ign producers wishing to bid on Uzbekistan
procurements? If so, please give detail as to the licensing procedures and the types of licenses
involved.
Answer:
Presently there are no licensing requirements for foreign producers wishing to bid for supply of food
products into the Republic of Uzbekistan.
Question 148.  
Please provide a copy of any of the relevant legi slation, which purchases for state needs or any
government purchases for commercial distribution or as inputs in the manufacturing process ofgoods sold commercially.
Answer:
A copy of the Resolution of the Cabinet of Minister s of the Republic of Uzbekistan On Improving the
System of Staple Food Products for State Needs №397 dated 14 August 1997, is available under
document WT/ACC/UZB/4/ Add.1 (Ref. No. 16).
Question 149.  
Uzbekistan states that flour, sugar and vegetable oil are still subject to a rationing system.If this is still so, please list the products subject to these requirements by HS number. Please
provide details on the scope and operation of the rationing system. Does Uzbekistan foresee
elimination of these co ntrols in the future?WT/ACC/UZB/4
Page 60
Are the rationed products produced and/or trad ed by state-owned or state-trading enterprises?
Answer:
There is no restriction on domestic trade with mentioned goods, though the Government, taking into
account their position in the commodity category of the primary necessity, pays much attention to
their permanent presence in the assortment of trade enterprises.
The Government welcomes the establishment of production of such products by any entities
irrespective of their forms of property.
Besides, there is prohibition for export of such products because of the insufficiency of their domestic
production.
In the course of realization of above-mentioned programs of economic development, this matter is
going to be solved soon and general policy for stimulation of export will be extended to those
products, which are temporarily prohibited for export.
Question 150.  
The response to Question 43 of WT/ACC/UZB/3 states, “foreign trade companies are selling
cotton fibre in international markets exclusively pursuing the commercial interests”. We seek
further description of the role of foreign tr ade companies in marketing Uzbekistan’s cotton
internationally.
How is the cotton procured for export?
Can other firms purchase Uzbek cotton in competit ion with the foreign trade companies? If so,
what requirements must they meet? In recent year s, what portion of Uzbek cotton foreign trade
companies and what portion by other entities have exported?
Is an export licence required to export cotton? If  so, who can obtain such licenses and how are
they distributed? Where is information on ho w to meet any licensing requirements available?
How are export prices for the cotton determined?
Answer:
Foreign trade companies of the Ministry of Foreign Economic Relations (MFER) carry out export of
cotton fiber through centralized supplies basically.
Application of such scheme is mainly preconditioned by insufficient experience of producers in
export transactions: conducting such transactions discontinues the production cycle. And this scheme
is aimed to provide qualified services for a local producer (timely transportation, storage etc.).
One more important factor is retaining steady prices for these goods on the world market with a view
that Uzbekistan is the second largest exporter of cotton in the world.
In accordance with international practice, price parameters are defined coming from quotation of such
product on commodity and raw material markets.
Export of cotton fiber is not licensed but export cont racts are registered in MFER with aims indicated
above.WT/ACC/UZB/4
Page 61
(l) Government procurement practices, including general legal regime and procedures for
tendering, dealing with tenders and award of contracts
Question 151.  
Does the Republic of Uzbekistan plan on joining the WTO Government Procurement
Agreement upon accession to the WTO?
Answer:
The Republic of Uzbekistan plans to join the WTO Government Procurement Agreement upon
accession to the WTO.
Question 152.  
Please provide a copy of any and all relevant legislation, which addresses government
procurement practices in Uzbekistan.
Answer:
Presently, in the sphere of government procurem ent of the Republic of Uzbekistan, the Government
adopted:
The Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №397 dated 14 August
1997, On Improving the System of Purchases of Staple Food Products for State Needs is available
under document WT/ACC/UZB /4/Add.1 (Ref. No. 16);
The Resolution of the Cabinet of Ministers of the Republic of Uzbekistan №454 dated 26 September
1997, On Establishing of Supplies of Foodstuffs for State Needs on the Basis of Competition is
available under document WT/A CC/UZB/4/Add.1 (Ref. No. 17).
The Government is also considering a Draft Law on Government Procurement.
4. Policies affecting foreign trade in agricultural products
Question 153.  
We encourage Uzbekistan to consult the WTO Secretariat technical memo (WT/ACC/4)
regarding preparation of information and tables on domestic support and export subsidies.
We would appreciate additional information concerning Uzbekistan's domestic agricultural
policies, including a description, budgetary expenditure and any revenue foregone involved ineach measure.
Does Uzbekistan have any near term plans to bring producer prices for cotton growers closer to
world market prices for cotton? If so, when and how close?
When producers receive low prices in local cur rency and the government sells the cotton on the
world market for dollars at higher prices, is this  not an implicit export tax at the expense of
your cotton producers, adding further pressure on already low wages in the cotton-growing
sector?WT/ACC/UZB/4
Page 62
Answer:
Foreign trade companies of Uzbekistan with state share not only export cotton fiber but also take a
direct part in financing a producer. This is an important integral part of successful sowing, harvesting
and other activities for production of agricultural products.
In such situation, basic problems facing the producers are solved.The contracts with producers for purchasing indicated types of products are concluded long before
beginning of growing of these products. Prepar ing agencies carry out preliminary payment of
agricultural enterprises’ expenses connected with preparation works, sowing, harvesting, watering and
others.
Taking into consideration the said conditions, a price on indicated products on centralized purchases
is defined. This is in conformity with world practice on conclusion of futures contracts.
(b) Exports
Question 154.  
What are Uzbekistan's plans to eliminate the export ban on grain?
Answer:
At present time, the matter on eligibility of grain export on the basis of permission is under
discussion.
Question 155.  
Have any other export bans on exports been enacted?
Answer:
The list of goods prohibited to export from the territory of the Republic of Uzbekistan is
supplemented by following categories: leather-pro cessing, fur raw material, scrap and waste of non-
ferrous metals, silkworm cocoons, waste of silk.
(e) Internal policies
Question 156.  
We encourage Uzbekistan to consult the WTO Secretariat technical memo (WT/ACC/4)
regarding preparation of information and tables on domestic support and export subsidies.
We would appreciate additional information concerning Uzbekistan’s domestic agricultural
policies, including description, budgetary expenditure and any revenue foregone involved in
each measure.
Answer:
One of main aims of policy of the Government in ag ricultural sector is to ensure stability and growth
of supplies of agricultural products to local market. In accordance with government policy,
diversification of agricultural production is being carried out. However, the Government does notforesee to provide direct financial support to agrarian sector. The policy of reforms in agrarian sectorWT/ACC/UZB/4
Page 63
is aimed at elimination of payments to enterprises of this sector and farmers within direct state
financial support in nearest future.
Question 157.  
Does Uzbekistan have any near term plans to bring producer prices for cotton growers closer to
world market prices for cotton? If so, when and how close?
When producers receive low prices in local cur rency and the government sells the cotton on the
world market for dollars at higher prices, is this  not an implicit export tax at the expense of
your cotton producers, adding further pressure on already low wages in the cotton-growing
sector?
Answer:
Foreign trade companies of Uzbekistan with state share not only export cotton fiber but also take a
direct part in financing a producer. This is an important integral part of successful implementation ofsowing, harvesting and other activities for production of agricultural products.
In such situation, basic problems facing the producers are being solved.
The contracts with producers for purchasing indicated types of products are concluded long before
beginning of growing these products. Preparing agencies carry out preliminary payment of
agricultural enterprises’ expenses connected with preparation works, sowing, harvesting, watering and
others.
Taking into consideration the said conditions, a price on indicated products on centralized purchases
is defined. This is in conformity with world practice on conclusion of futures contracts.
Question 158.  
The response to Question 59 of WT/ACC/UZB/3 states that the Decree of the President of the
Republic of Uzbekistan YP-1978 dated 18 March 1998 approved the Programme of economic
reforms in agriculture for the period 1998-2000.
Please describe the nature of the reforms and what types of funding will be provided under the
framework of direct state financial support.
Please describe the program’s overall purpose and goal, what type of funding is provided and
by whom, who or what sector is eligible to receive funding, the terms of financing, the dollar
amount of the funding, and the expiration dates of the programs.
Please explain if it is intended that these progr ams will be phased out, and if so, the timeframe
for doing so. Will other programs replace the cu rrent ones in the framework? Are there plans to
extend the direct state financial support past the year 2000?
Answer:
The key importance in the “Program on deepening economic reforms in agriculture” is given to
systematic changes, primarily reforms in relationships of property ensuring revival with a farmer of
the feeling of an owner of the land, means of production and results of his work.
Launching a new system of organization of agricult ural production foresees review of the system of
organization, principles and instruments of activity of agricultural enterprises.WT/ACC/UZB/4
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Question 159.  
The response to Question 60 of WT/ACC/UZB/3 talks about programmes of economic reforms
intended for, inter alia, the development of agricultural sector and the diversification of
agricultural enterprises.
Please explain in more detail what types of government support is given to encourage
diversification. Is this support available to everyone (including individuals as well as companies)
within the agricultural sector? Is there a legal mandate for diversification, and, if so, could you
please provide the legislation authorizing the support for diversification?
Answer:
State support of reforms in agriculture is expressed in creation of relevant conditions in the republic
for activity of business entities in agricultural sector with full pledge.
This includes, in particular, application of measures of tariff regulation, stimulation of creation of
relevant infrastructure, and other similar measures.
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME
1. General
(a) Intellectual property policy
Question 160.  
While WT/ACC/UBZ/2 makes it clear that Uzbe kistan has made progress in establishing
protection of intellectual property rights in it s trade and economic regime, we believe that more
should be done to bring Uzbekistan's IPR regime into line with its bilateral obligations and to
meet the requirements of WTO accession.
We seek Uzbekistan's full implementation of th e TRIPs Agreement on the date of its accession
to WTO without recourse to a transition period.
Please provide copies of current laws, decrees, and regulations regarding IPR protection. Will
Uzbekistan make available any draft legislation on this issue?
Answer:
It should be mentioned that the Government of th e Republic of Uzbekistan tackles consistent policy
on conducting measures aimed at ensuring the protection of intellectual property. In particular, since
the period of 1993 in the republic more than 50 laws, decrees, legislative acts and provisions has been
adopted which reflect the issues on protection of intellectual property rights. Among them are Civil
Code/adopted in 1996, Laws On Trademarks and Service Marks/1993, On Inventions, Utility Models
and Industrial Designs/1994, On Legal Protection of Computer Programs and Databases/1995, On
Copyright and Neighbouring Rights/1996, On Br eeding Achievements/1996 (available under
document WT/ACC/UZB/4/Add.1 - Ref Nos. 18, 19, 20, 21, 22 and 23 refer) and others.
Since may 1993 the Republic of Uzbekistan is a member of the World Intellectual Property
Organization ((WIPO); in 1993 the republic joined  “Paris Convention on Protection of Industrial
Property”, “Agreement on Patent Cooperation”, Madrid Agreement on International Registration of
Marks”, in 1998 it signed the “Treaty on Laws on Trademarks”.WT/ACC/UZB/4
Page 65
From 15 to 18 October 2000, the US delegation headed by the Director of the Trade Representative
for Central Europe and Asia Ms. K.Kuhlman visited the Republic of Uzbekistan. The main goal of the
visit was consideration of issues related to realization of provisions of Article 8 to “Agreement on
Trade Relations between the Republic of Uzbekistan and the US” signed in 1993, on observance of
intellectual property rights in Uzbekistan and the process of joining international conventions, inparticular, “Bern Convention for the Protection of Literary and Artistic Works” (Paris Act, 1971) and
“Geneva Phonograms Convention (1971).
It was noted that the membership in the aforementioned international conventions is being
implemented in the context of accession of Uzbekistan to the WTO, and realization of provisions of
the “Partnership and Cooperation Agreement between the Republic of Uzbekistan and European
Community” and Resolutions of the Cabinet of Ministers of the Republic of Uzbekistan №296 dated
10 June 1999 and №415 dated 3 September 1999. This process is to be completed by 2004.
In the process of negotiations it was mentioned that in general Uzbekistan has implemented
provisions of Article 8 of the “Agreement on Trade Relations between the Republic of Uzbekistan and
the US” and brought its legislation to conformity with  the requirements of international treaties. As a
result of joint analysis of current legislation of the republic, parties recognized it sufficient and
efficient to protect the interests and rights of foreign producers.
(b) Responsible agencies for policy formulation and implementation
Question 161.  
Please describe the structure of the Agency for Copyright under the Cabinet of Ministers and
the State Patent Agency of the State Committee for Science and Technology, referred to in
subsection 1(b), and their functions in detail.
Answer:
Two governmental organizations are responsible for developing policy and ensuring protection of
intellectual property rights.
State Agency on Protection of Copyright under the Cabinet of Ministers provides protection of
copyright and neighboring rights. State Patent Department under the State Committee on Science andTechnology of the Republic of Uzbekistan provides protection of rights on patent, rights on
inventions, utility models and layout designs, trademarks, geographical indications, breeding
achievements, computer programs and databases.
1. State Patent Department
State Patent Department under the State Committ ee on Science and Technology of the Republic of
Uzbekistan performs industrial process of consideration of applying materials for the objects of
intellectual property (inventions, utility models, layout designs, trademarks, computer programs anddatabases) with the purpose of providing them with legal protection and publication of patent
information realized by the State Patent Department.
State Patent Department as a production facility is the system of consistent-parallel structure. The
elements of this structure are divisions, agencies, other industrial subdivisions and relations among
them as well as relations with external environment and besides, these relations of the system areestablished through information flows – flows of materials and documents.
Divisions perform technological processes of accepting and reviewing of applied materials, State
expertise, State registration, publication, legal procedures like establishing of protective ability ofWT/ACC/UZB/4
Page 66
applied facilities, tackling directions and others. The divisions also carry out operations on drawing up
documents, passing through the divisions of applied materials transferring them to other divisions etc.
2. Agency on Copyright
The Uzbek Republican Copyright Agency was established on the basis of the Resolution of the
Cabinet of Ministers of the Republic of Uzbekistan №38 dated 30 January 1992. Copyright Agency
conducts its activity according to its Charter, approved of by above-mentioned Resolution, is the state
institution, and tackles single state policy in the sphere of copyright of the Republic of Uzbekistan.
The structure of the Uzbek Republican Copyright Agency:
1. Chairman;
2. Deputy Chairman;
3. Legal Adviser;
4. Inspector;
5. Division on Registration of Authors;
6. Financial Division;
7. Authorized Divisions in every region of th e Republic of Uzbekistan (18 employers).
Besides, the State Antimonopoly Committee is responsible for developing and submitting for
consideration of the law, prohibiting unfair competition including unauthorized use of trademarks,packages, closed and confidential commercial information and preventing access to the market goods
and services of new entities as well.
Question 162.  
Please describe, in detail, the process for establishing policy regarding intellectual property and
for preparing legislation, indicating how agencie s work with the Agency for Copyright and the
State Patent Agency in developing policy and legislation or in approving it before it is submitted
to the legislature.
Answer:
State Patent Department in the course of developing draft legislative acts follows international norms,
the Constitution and the laws of the Republic of Uzbekistan which are harmonized with InternationalTreaties and Agreements in the sphere of protection of intellectual property. During the preparation,
draft laws are agreed on with relevant ministries and institutions, remarks and suggestion of which are
taken into account. Draft laws are submitted for consideration to the Cabinet of Ministers of the
Republic of Uzbekistan. After approval of a dr aft law is adopted on the session of Supreme
Legislative Body of the Republic of Uzbekistan Oliy Majlis (Parliament).
Question 163.  
Please describe in detail the manner in which the Anti-Monopoly Organization interacts with
other agencies or ministries in carrying out its responsibilities.
Answer:
State Antimonopoly Committee is independent in its activity on other bodies, its decisions can be
appealed against the court. State Antimonopoly Committee is responsible for fulfillment and control
of observance of legislation in the sphe re of protection of consumers’ rights.WT/ACC/UZB/4
Page 67
In accordance with the Decree of the President of the Republic of Uzbekistan №UP-2676 dated 2
August 2000, State Antimonopoly Committee has been reorganized to the independent structure –
State Committee on De-monopolization a nd Development of Competition.
Question 164.  
Please describe in detail the authority and the functions of the Anti-monopoly Organization
including its authority to investigate allegations of infringement of intellectual property rights
and how that authority is exercises. Provide examples of specific cases wherever possible.
Please provide details about the Organization itse lf such as the number of employees and their
individual functions, the number and nature of the cases they have dealt with to date, their
funding, and their publications, if any.
Answer:
In accordance with current legislation, State Committee on De-monopolization and Development of
Competition is responsible for developing and ensuring competitive environment through detection of
enterprises, which can be classified as enterprises dominating on the market of certain goods.
The number of employees of the organization is 414 persons each of them have personal functional
responsibilities.
Dominating enterprises, which have market share of certain goods at 65 or more per cent, are
automatically considered as monopolies and fall under regulative authorities of the State Committee
on De-monopolization and Development of Competition.
Also, those enterprises are considered as dominating, which have the share on the market from 35 to
65 per cent. These enterprises can be considered as monopolies if investigation carried out by the
State Committee on De-monopolization and Developm ent of Competition shows the sufficient
reasons to consider them as monopolies.
During the investigations, the State Committee on De-monopolization and Developments of
Competition takes into account following factors: stability of the market share of an enterprise;
relative volume of share belonging to its competitor; level of legibility of to the market for potentially
new competitors; other criteria characterizing relevant market. As a result of such delimitation ofdominating enterprises, the State Committee on De-monopolization and Development of Competition
aspires to reduce a list of monopolies and monopoly goods in the transition period.
The State Committee on De-monopolization and Development of Competition is also responsible for
audit, evaluation and authorization for merger of enterprises that could lead to creation of dominating
enterprises.
The antimonopoly Law of the Republic of Uzbekistan On Competition and Restriction of Monopoly
Activity on Commodity Market dated 27 December 1996 particularly indicates that control on naturalmonopolies in certain sectors of economy can be provided for by other legislative acts.
Certain sectors are: (i) mining of oil, gas condensate, natural gas and coal; (ii) transportation of oil, oil
products and gas through pipelines; (iii) production and transportation of electrical and thermal
energy; (iv) railway transportation; (v) services of ports and airports; (vi) services of electricity and
post communication within the of reach everyone; (vii) services of water-pipe and sewerage facilities.
In this regard, on 25 April, 1997 Oliy Majlis adopted the new Law On Natural Monopolies regulating
the activity of natural monopolies in the above mentioned certain sectors.WT/ACC/UZB/4
Page 68
In accordance with the Law On Natural Monopolies, the Cabinet of Ministers and the State
Committee on De-monopolization and Development of Competition of the Republic of Uzbekistan
carry out state regulation of the activity of natural monopolies.
The State Committee on De-monopolization and Development of Competition considers applications
on infringements of intellectual property ri ghts. For example, in October 1998 Antimonopoly
Committee revived a complaint from the representatives of Procter and Gamble company about
wholesale and retail trading of false shampoos “Head and Shoulders” and “Pantene” in the province
of Andijon, Bukhoro, Farghona and the city of Toshkent the fact which was the infringement of
Article 8 of the Antimonopoly Legislation and Arti cle 7 of the Law On Protection of Consumers
Rights with the respect of unfair competition, misleading the consumers, consumers with providing
unreliable information on goods to and dist ortion of consumer qualities of goods.
Joint audits of territorial departments of the Committee with tax bodies and responsible persons of
Procter and Gamble company detected 26 cases of wholesale and retail trading of false shampoos
“Head and Shoulders” in the provinces of Andij on, Bukhoro, Farghona and the city of Toshkent.
According to results of audits it was confiscated false goods and goods without the certificate of
quality at the amount of 128,2 thousand Soums. Be sides 3 private businessmen in the province of
Andijon were fined at the amount of 8,5 thousand Soums for infringing rules of trading according to
Article 178 of the Administrative Code.
The production of mineral water in plastic bottles sized 1,5 liter with the use of the title of «Borjomi»
was detected in the city of Toshkent. This mineral water was being produced by the company “Barno-
Trading ltd”. The composition of this water did not correspond to the water produced in Georgia.
“Barno-Trading ltd” producing the mineral water only used the title of “Borjomi”.
(c) Membership in international intellectual property conventions and regional or bilateral
agreements
Question 165.  
This section lists the multilateral conventions and agreements regarding intellectual property to
which the Republic of Uzbekistan belongs and indicates those to which the Government of theRepublic of Uzbekistan is considering adhering. The Berne Convention for the Protection of
Literary and Artistic Works and the Geneva Phonograms Convention are absent.
Please indicate when Uzbekistan in tends to accede to these Conventions?
Answer:
It should be mentioned that the Government of th e Republic of Uzbekistan is tackling consistent
policy on implementing measures aimed at ensure the pr otection of intellectual property. In particular,
since the period of 1993, in the republic was adopted more than 50 laws, decrees, legislative acts andprovisions which reflect the issues on protection of intellectual property rights. Among them Civil
Code (adopted in 1996), Laws On Trademarks and Service Marks (1993), On Inventions, Utility
Models and Industrial Designs (1994), On Legal Protection of Computer Programs and Databases
(1995), On Copyright and Neighbouring Rights (1996), On Breeding Achievements (1996) and
others.
Since may 1993, the Republic of Uzbekistan is a member of the World Intellectual Property
Organization ((WIPO); in 1993 the republic joined Paris Convention on Protection of Industrial
Property, Agreement on Patent Cooperation, Madrid Agreement on International Registration of
Marks, in 1998 the Treaty on Laws on Trademarks.WT/ACC/UZB/4
Page 69
Joining international conventions in the sphere of copyrights in particular, the Bern Convention for
the Protection of Literary and Artistic Works (Paris Act, 1971) and Geneva Phonograms Convention
(1971) is implemented in the context of accession of Uzbekistan to the WTO, and realization of
provisions of the Partnership and Cooperation Agr eement between the Republic of Uzbekistan and the
European Union” and Resolutions of the Cabinet of Ministers of the Republic of Uzbekistan №296
dated 10 June 1999 and №415 dated 3 September 1999. This process is going to be completed by
2004.
In this regard the Government of the republic adopted a number of normative acts, which approved
the Complex Program of focal organizational measures of the Government of the Republic of
Uzbekistan on implementation of the mentioned agreements for the period from 1999 to 2004. This
program includes the intention of Uzbekistan to sign above-mentioned international-legal acts, and
also provides for adoption of a number of legislative acts in the sphere of intellectual property andintroducing amendments into current acts.
Within implementing above-mentioned government regulations, relevant ministries of Uzbekistan are
considering draft laws on introducing supplements and amendments into criminal, administrative,
civil, tax, customs and other legislations of the republic with respect to protection of intellectual
property rights.
(d) Application of national and m.f.n. treatment to foreign nationals
Question 166.  
This section indicates that foreign persons, foreign entities and stateless persons are charged
higher dues and fees for intellectual property rights than nationals of the Republic of
Uzbekistan or of other CIS countries. This is inconsistent with the Article 3 of the TRIPsAgreement, which requires that nationals of other WTO Members be treated no less favorably
than a country's own nationals, and Article 4, which requires that nationals of WTO Members
be treated no less favorably than the nationals of the most favored nation.
What plans does the Republic of Uzbekistan have  or what plans are being made to provide for
uniform dues and fees for nationals of all WTO Members?
Answer:
Differences of patent duty, in table V-1 of Docu ment WT/ACC/UZB/2 were set by the Republic of
Uzbekistan in accordance with applied practice of  the World Intellectual Property Organization, the
European Patent Body and other international and national bodies, establishing privileges for
applicants, the level of income of which is US$3,000 per year and lower.
Due to absence of clear direction on the coverage of the mentioned privileges for applicants of all
member-states of the Paris Convention On the Protection of Industrial Property, these differences donot fully correspond with national measures, indicated in Article 2 of the Paris Convention. The
Republic of Uzbekistan is considering reduction of such differences between the regimes and is
planning to introduce relevant amendments.
Question 167.  
Although there seems to be specific national  treatment provisions in the Uzbek laws on
trademarks, layout designs and computer programs and databases, no citation is given to any
national treatment provision in your copyright law.WT/ACC/UZB/4
Page 70
Please cite and quote the provisions in Uzbek law that provide for national treatment for
copyright and indicate any exceptions to na tional treatment in a copyright context.
Answer:
General policy of the Republic of Uzbekistan is to provide foreign citizens, persons who do not have
citizenship and foreign legal persons on the territory of the republic with the same rights, which thecitizens of Uzbekistan enjoy.
There are special provisions concerning the national treatment in the Civil Code (Article 7), in the
Laws of On Inventions, Utility Models and Indus trial Designs (Article 42), On Trademarks and
Service Marks (Article 33), On Breeding Achievements (Article 2) and On Legal Protection of
Computer Programs and Databases (Article 9.).
There are no exclusions from national regime in the context of protection of copyright and
neighboring rights.
In accordance with Article 1063 of the Civil Code in order to protect works on the territory of the
Republic of Uzbekistan, a person recognized as an author of the work is identified according to the
laws of the state where the work has been protected for the first time, and Article 4 of the Law of the
Republic of Uzbekistan On Copyright and Neighboring Rights indicates that copyright cover works
published or being in any objective form on the territory of the Republic of Uzbekistan irrespective ofthe citizenship of authors and their right successors...”.
In accordance with the Law On Foreign Investments in the line with financial and material resources,
intellectual property rights are also considered as foreign investments (Article 3). Royalty, licence and
other commissions and payments reinvested by foreign investors in the objects of commercial and
other types of activity are also recognized as foreign investments.
In accordance with the Law On Guaranties and Measures for Protection of the Rights of Foreign
Investors, foreign investments and other assets of foreign investments are not subject to
nationalization and requisition (Article 5), use and transfer of means are guarantied (Articles 6 and 7),
and repayment of foreign investments due to termination of the investment activity is also guarantied
(Article 8).
Question 168.  
The same section of the Foreign Trade Memorandum states that the Law "On Foreign
Investments" recognizes intellectual property rights as investments for purposes of the law.
Please describe in detail the practical consequenc es of recognizing intellectual property rights as
investments, particular in relation to  taxation, regulation, transfer, etc.
Answer:
In accordance with the Law On Foreign Investments, adopted in 1998, which specify the legal basis
and measures of attraction and rational use of foreign financial, material and intellectual resources,
up-to-date technologies as well as management skills on the territory of the Republic of Uzbekistan,
all kinds of material and nonmaterial resources and rights, including the rights for intellectual property
are recognized as foreign investments (Article 3). Royalty, licence and other commissions and
payments reinvested by foreign investors in the objects of commercial and other types of activity arealso considered as foreign investments.WT/ACC/UZB/4
Page 71
Alongside with other forms of foreign investment, foreign investors are entitled to invest the rights
into intellectual property, including copyrights, inventions, utility models, industrial designs,
trademarks, firm names and know-how, as well as good will (Article 5). In accordance with Article 9,
the state guarantees and protects all rights and interests of investors in investment activity. Foreign
investors are entitled to take independent decisions on patenting of inventions, utility models andindustrial designs abroad and in the Republic of Uzbekistan, received as the result of investment on
the territory of the Republic of Uzbekistan. Legal protection and use of objects of intellectual property
of enterprises created with the participation of foreign investments is implemented in accordance with
national legislation (Article 12).
In accordance with the Law On Guaranties and Measures for Protection of the Rights of Foreign
Investors foreign investments and other actives of foreign investments are not subject to
nationalization and requisition (Article 5), use and transfer of means are guarantied (Articles 6 and 7),and repayment of foreign investments with due to termination of the investment activity is also
guarantied (Article 8).
The aforementioned provisions are also fixed in the international agreements of the Republic of
Uzbekistan concluded with 38 countries of the wo rld in the field of encouragement and protection of
investments.
2. Substantive standards of protection, incl uding procedures for the acquisition and
maintenance of intellectual property rights
(a) Copyright and related rights, including rights of performers, producers of phonograms
and broadcasting organizations
Question 169.  
Uzbekistan states in section 2 of the chapter on  intellectual property rights protection that 40
Articles of the Civil Code (Articles 1041-1081) provide protection for copyright and neighboring
rights and that the law "On Copyright and Neighboring Rights" establishes the standards of
protection, the acquisition procedures and th e maintenance procedures for copyright and
neighboring rights. It would appear that provisions in the Civil Code and the law overlap inmany instances.
Please describe the steps that are being taken to eliminate duplication so that copyright and
neighboring rights holders, judges, policy makers  and the public need look only to one source to
determine what rights exist, how they a re acquired and maintained, what constitutes
infringement of those rights, etc.
Answer:
Section on unfair competition of the Law On Competition and Restriction of the Activity of
Monopoly in Trademarks, prohibits illegal use of objects of intellectual property. The State
Committee on De-monopolization and Development of Competition is executive body for this
legislation (Article 17 of the Law).
In accordance with Article 149 of the Criminal Code, the infringement of copyrights and patent rights
is related to crimes against the constitutional rights and freedoms of citizens. Illegal use of copyright,compulsion for coauthors with in intellectual prope rty, spreading information without agreement of an
author before official registration or publication is fined by deprivation of rights, correctional works
or arrest.WT/ACC/UZB/4
Page 72
Other sanctions related to the crime can be applied in cases of malicious infringements of rights on
intellectual property objects. These are the cases of repeated and continuous infringement of rights on
intellectual property objects when economic sanctions were fully exhausted. In these cases, a victim is
authorized to prosecute a lawbreaker by the law. Besides, infringements of rules on information are
punished by relevant sanctions including fines, correctional works and/or custody of up to three years(Article 174 of the Criminal Code).
Besides, there are criminal sanctions against collection of confidential scientific and technological,
production and economic information and any other information without agreement of holder of such
information. The following sanctions are applicable to: fines, correctional works, custody of up to
three years (Article 191 of the Criminal Code).
Question 170.  
Please explain in more detail what specific rights copyright holders have under Uzbek law and
how they are exercised. Also, please explain in greater detail the rights of performers and
producers of phonograms, including how those rights correspond to the obligations in TRIPs
Article 14.
Answer:
Section IV of the Civil Code (Articles 1031-1111) (adopted on 29 August 1996 and effected on 1
March 1997) contains basic norms of protection of intellectual property rights.
Article 1031 of the Civil Code defines “intellectual property” in accordance with Article 2 (viii) of the
Convention establishing the World Intellectual Property Organization.
Articles 1031-1040 define common civil norms on origin and transition of rights, concessions, dates
of validity and methods for protection of exclusive rights on intellectual property. According to thesearticles exclusive rights arise as a result of creation of works of science, literature, art, inventions and
other results of intellectual property.
The protection of intellectual property objects is implemented in accordance with Article 11 of the
Civil Code through recognizing rights of an owner,  status quo, self-protection of rights carried out by
the owner himself, compensation of damages and/or termination or alteration of rights of a lawbreaker.
Articles 1041-1081 in general define the regime of copyright and neighboring rights in the Republic
of Uzbekistan. Article 1042 contains results of intellectual activity as types of objects of copyright
and neighboring rights: literature, music, audio-video works, works of painting, sculpture,
architecture, computer programs, and other works.
Articles 1046 and 1052 recognize an exclusive right of a citizen for objective results of intellectual
activity and produced works and services.
Articles 1082-1090 define rights for industrial propert y (inventions, utility models, industrial designs).
In accordance with these articles rights for objects of industrial property are protected by issuance of
patents. The patent holder or his/her successor has a right to use inventions, utility models or
industrial designs.
Articles 1091-1094 define rights for new sorts of pl ants and new species of animals (the right of
selector).WT/ACC/UZB/4
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Articles 1095-1097 provide for legal protection of closed commercial information and know-how.
The right for protection of closed information from illegal use arises irrespective of implementation of
any formalities with the respect to this info rmation. Any person illegally disseminating closed
information shall compensate actual losses to the holder of closed information.
Articles 1098-1101 provide for rules for protection of brand names. Articles 1102-1107 define legal
protection for trademarks and service marks. Articles 1108-1111 establish rules of protection for
names of origin of goods. These articles of the Civil Code contain common civil principles of rights
for individualization of participants of civil turnover, trading, goods, works and services. Provisions
of these articles will develop further in special laws (at present, the Law On Trademarks and Service
Marks has been adopted and effected).
Above-mentioned provisions of the Civil Code reflect general policy tackled in the Republic of
Uzbekistan in the field of intellectual property.
The Law On Competition and Restriction of Monopolistic Activity also provide for protection of
intellectual property rights. Article 8 of this law prohibits “unfair competition” in particular, illegal
use of trademarks or other special marks/labels of goods, an-authorized copying of forms, brand
names and external design of goods.
Copyright (the right to be recognized the author of the result of intellectual activity) is a private non-
property right and may belong only to the person who has created results of intellectual activity by
his/her creative works.
The copyright is not alienable and transferable.
If the object of any kind of property was created by joint creative work of two or more persons they
are considered co-authors. With the respect to certain objects of intellectual property, the law maylimit to a certain number of persons recognized co-authors of the works in general.
A performer has a right to:
- indicate his/her name during performance on copies records;
- perform during broadcasting or reproduction (playback) of the;
- protect a performance from distortion;
- perform or authorize to perform.
- The right to use performance includes a right for authorization for:
- broadcasting of a performance on the air or CCTV;
- recording of a performance with the technical means;
- broadcasting and public reproduction (playback) of performance’s recording;
- duplication and distribution of copies of performance’s records.
Performers enjoy their rights with the observanc e of rights of authors of performed works.
The creator of audio, video, audio-video record s of performance and his/her successor has an
exclusive right for these records (a right of a person creating record of a performance).
Other persons may use such record only upon authorization of a creator of this records or his/her
successor.
A creator of a record of performance or his/her successor is authorized to carry out or authorize:- public reproduction of a record;WT/ACC/UZB/4
Page 74
- alteration or other remake of records, distribution of records’ copies (sales, rental, etc.) including
export abroad;
- import records’ copies.
If property rights for a copy of record of performance do not belong to its creator, an exclusive right
to use a record, including commercial rental, is kept by the person creating this record.
Holders of rights for performance’s record enjoy their rights taking into account the rights of authors
of works and rights of performers.
The broadcasting organization enjoys its rights taking into account the rights of authors of works and
rights of performers and in some cases – holders of rights for record of performance and other
broadcasting organizations.
Rights of organization of CCTV are established ap plicably to rights of broadcasting organization.
It is should also be noted, that if international treaties of the Republic of Uzbekistan provide for other
rules than those indicated in the legislation of the Republic of Uzbekistan on copyright and
neighboring rights, the rules of international treaties shall apply (Article 3 of the Law of the Republic
of Uzbekistan On Copyright and Neighboring Rights).
Question 171.  
Please describe any exceptions to a copyright holder's exclusive rights exist under Uzbek law,
citing to the authority and quoting it.
Answer:
There are not any exceptions to a copyright holder’s exclusive rights in the legislation of the Republic
of Uzbekistan.
Question 172.  
Article 18 of the Berne Convention, incorporat ed by reference into Article 9 of the TRIPs
Agreement requires that copyright protection be  applied to all works, which at the moment
Berne (or by inference, the TRIPs Agreement) beco mes effective, have not fallen into the public
domain in the country of origin through the expi ry of the term of protection. However, Article
39 of the Uzbek Law on Copyright and Neighboring Rights ("Uzbek Copyright Law") providesthat "works that have never enjoyed protection on the territory of the Republic of Uzbekistan
shall be regarded as being in the public domain". This Article directly contradicts this TRIPs
obligation.
How does Uzbekistan plan to amend its law to  ensure protection for pre-existing works and
when will the amendment be made?
Answer:
The analyses of a major part of current legislation of the Republic of Uzbekistan demonstrate, that it
is sufficient and efficient to protect interests and rights of foreign producers.
In accordance with Article 4 of the Law of the Republic of Uzbekistan On Copyright and Neighboring
Rights, copyrights covers:WT/ACC/UZB/4
Page 75
- “works published or being in any objective form on the territory of the Republic of Uzbekistan
irrespective of citizenship of authors and their successors”.
The Article 1041 of the Civil Code of the Republic of Uzbekistan stipulates “no registration of works
or any other formalities required for copyright”.
At the same time, Article 1063 of the Civil Code of  the Republic of Uzbekistan provides “in order to
protect works on the territory of the Republic of Uzbekistan, a person recognized the author of works
is defined according to laws of the state where works have been protected first”.
Question 173.  
TRIPs Article 14.4 provides that members must  grant producers of phonograms the right to
authorize or to prohibit the commercial rental of copies of their phonograms.
How does Uzbekistan plan to provide this  right and provide copies of any proposed
amendments to the copyright law?
Answer:
Please refer to the information given above.
(b) Trademarks, including service marks
Question 174.  
This section explains that, under the Civil Code, Articles 81, 97, 169 and 187, paragraph 1,
trademark rights can be acquired in Uzbekistan through use in commerce for five years.
How is "use" defined, e.g., would advertising alone that reaches Uzbekistan be sufficient to
acquire rights?
Answer:
The use of trademarks is considered, the use on products for which the trademark is registered and/or
on the package by the holder of trademark or person authorized on the basis of licensing agreement,
as well as use in advertisement, signboard, publishing materials, official blanks and other
documentation, related to turnover of the goods. The use may also be recognized when trademarks
and indications of the place of origin of goods are applied on exhibitions, fairs in the Republic of
Uzbekistan.
The advertisement of the trademark in Uzbekistan does not allow acquisition of the right of use of
trademark on the territory of the Republic of Uzbekistan.
Question 175.  
If a party in Uzbekistan uses a well-known mark  in the local market for a period sufficient to
acquire rights under the Civil Code, is it possib le for the legitimate owner of the well-known
mark to bring legal action to prevent further use of its mark when it learns of the use in
Uzbekistan? Please explain the proc ess and cite the legal authority.WT/ACC/UZB/4
Page 76
Answer:
Legal protection of trademark is given on the basis of its state registration and issuance of the
certificate of registration of the trademark.
Legal holder of the trademark may bring legal action to prevent further use of its trademark if any
party uses his/her trademark on the territory of the Republic of Uzbekistan.
Question 176.  
Please describe in detail, citing the appropriate legal authority, the manner in which well-known
marks can be protected against unauthorized use in Uzbekistan even when those well-known
marks are not registered.
Answer:
In the Republic of Uzbekistan the responsibility for protection of intellectual property rights is
distributed among the following state bodies:
- the State Agency on Protection of Copyright under the Cabinet of Ministers of the Republic of
Uzbekistan provides protection for copyright and neighboring rights;
- the State Patent Department under the State Comm ittee of the Republic of Uzbekistan on Science
and Technology provides protection of rights for inventions, utility models, layout designs,
trademarks, computer programs and databases;
- the State Committee on De-monopolization and Development of Competition under the Ministry
of Finance being in a position of antimonopoly body tackles state policy on promotion for
developing competition on commodity markets,  restriction and suppression of monopolistic
activity and unfair competition of entities, and curries out state control of observance of anti-
monopolistic legislation and the legislation in the field of protection of consumers’ rights;
- the State Customs Committee being a home affairs body according to current legislation takes a
part in developing and tackling customs policy and ensures observance of customs legislation,
provides measures for protection of rights and interests of legal and natural persons, stops illegal
transit of articles of art, historical and archeological property of the nations of Uzbekistan and
foreign countries, objects of intellectual property, spices of animals and plants which are threat ofdisappearing through the customs border of the Republic of Uzbekistan. The Customs Committee
also implements other functions regarding to its main tasks;
- the Right-Protection entities.
The infrastructure of national patent system includes all its basic branches – State Patent Department
of the State Committee of the Republic of Uzbe kistan on Science and Technology, Appeal Council,
Republican Patent Library, State Fund of Intellectual  Property, Institute of Patent Attorneys, Network
of Regional Innovation Centers for Providing Services in the sphere of protection and use ofintellectual products.
In particular, providing protection of well-known marks from illegal use in Uzbekistan is reflected in
Chapter VII of new version of the Law On Trademarks and Marks of Services.
Article 34 “Dispute Settlement in Court” indicates that “Courts in accordance with their competence
settle the following disputes: infringement of exclusive rights on trademarks and illegal use ofindications of the place of goods’ origin...”
Article 1107 of the Civil Code and Article 35 of the Law On Trademarks and Marks of Services
provide the responsibility for illegal use of a trademark. Additionally, Article 177 of theWT/ACC/UZB/4
Page 77
Administrative Code of the Republic of Uzbekistan provides for the penalty for infringements of
rights, and mechanism of consideration of such infringements is described in the comments.
(c) Geographical indications, including appellations of origin
Question 177.  
This section indicates that a law is being deve loped on geographical indications and appellations
of origin. Article 9 of Uzbekistan's law "On Trademarks and Service Marks" already provides
protection for collective marks for which an ap plicant must specify the products, their common
qualitative or other characteristics, the conditi ons governing the use of the mark, the means for
supervising the use, the parties authorized to use the mark, and the purpose of the registration.
Please explain why it is thought necessary to create separate legislation to protect geographical
indications rather than protecting them in acco rdance with the existing trademark legislation as
collective marks, thereby avoiding the expense an d additional procedures required to establish a
separate system for geographical indications.
Answer:
The importance of the development of the new version of the Law On Trademarks and Service Marks
and Appellations of Origin is caused by the provisions of the Civil Code, current demands and
tendencies in the area of protection of objects of intellectual property.
Presently, the object of indications of the place of origin of goods is protected by the norms of
Articles 1108-1111 of the Civil Code of the Republic of Uzbekistan. Particularly, Sections V and VII
of Article 1108 accordingly define that registration of indications of origin of goods’ is carried out by
the patent department, and “the order and terms of the registration, issuance of the certificate,
recognition invalid and termination of validity of registration and the certificate are defined by thelaw”. Thus, necessity of development and adoption of the normative act of the direct effect on
protection of indications of the origin of goods is defined by the Civil Code of the Republic of
Uzbekistan.
Besides, it should be noted that Uzbekistan possesses of goods with the special features depending on
combination of places of their origin and national traditions. That is, features of these goods areexclusively or mainly defined by typical natural resources for given geographical object and/or by
human factors. In this regard a draft of new version of the Law of the Republic of Uzbekistan On
Trademarks, Marks of Services and Indication of the Place of Origin of Goods is prepared including
articles concerning indications of places of originating of goods.
(d) Industrial designs
Question 178.  
This section states that, under the law "On Inventions, Utility Models and Industrial Designs,
computer programs and integrated circuit layout designs are unpatentable subject matter.
Article 27.1 of the TRIPs Agreement requires that in ventions in all fields of technology, whether
products or processes, that are new, involve an inventive step and are industrially applicable
must be patentable. No exceptions are provided for computer programs or integrated circuit
layout designs.
Please describe any plans for bringing Uzbekistan's patent legislation into conformity with the
obligations of Article 27.1 of the TRIPs Agreement.WT/ACC/UZB/4
Page 78
Answer:
Article 5 of the Law of the Republic of Uzbekistan On Inventions, Utility Models and Industrial
Designs does not mention protection of the invent ion of integrated circuit layout and computer
programs. Integrated circuit layout and computer programs are protected in accordance with the Law
of Uzbekistan On Legal Prot ection of Computer Programs.
However, constructive decisions in computer technologies (functioning and integrated circuits),
created with regard to the new programs are protected by preliminary patents and/or by patents for
inventions or patents for utility models, and artistic-constructive decisions which identify the outer
look of the model are protected by preliminary patent or patent of industrial utility.
Currently, the Law On Legal Protection of Layout De sign of Integrated Circuits has been developed
and is under consideration of the Parliament.
(g) Layout designs of integrated circuits
Question 179.  
Please provide information of the status of the draft law "On Layout Designs of Integrated
Circuits" which the text of this section indica tes has been submitted to the Oliy Majlis for
consideration.
Answer:
The Draft Law On Legal Protection of Layout Design of Integrated Circuits developed in accordance
with Part VI of TRIPs, is completed and under consideration of the Oliy Majlis.
(h) Requirements on undisclosed information, including trade secrets and test data
Question 180.  
Uzbekistan states that undisclosed informatio n is provided protection under Articles 1095-1097
of the Civil Code of Uzbekistan and that damages are available in the event someone discloses
such information without authorization.
Are injunctions available to prevent disclosure,  as required by the TRIPs Agreement? If not,
please describe the plans of the Government of Uzbekistan to comply with the requirements of
Part III of the TRIPs Agreement as it applies to undisclosed information.
Answer:
The Law of the Republic of Uzbekistan On Informatisation provides for injunctions to prevent
disclosure, which have the rights to prevent the spread of information.
Question 181.  
Uzbekistan defines a commercial secret as information that has actual or potential value
because of its confidentiality, that there no le gal way to access the information, and that the
owner has taken reasonable measures to protect the secrecy. The second criteria appears to bemore strict than Article 39.2 establishes, i.e.  that the body of information or the precise
configuration and assembly of its components is not generally known among or readily
accessible to persons within circles that normally  deal with the kind of information in question.WT/ACC/UZB/4
Page 79
Please explain how the standard referred to in  subsection (h) conforms with the standard
established in Article 39.2.
Answer:
The Provision of Article 98 of the Civil Code of the Republic of Uzbekistan fully corresponds with
provisions of Part 2 of Article 39 of TRIPs Agreement.
Question 182.  
Article 39.3 of the TRIPs Agreement requires that  information on the safety and efficacy of
pharmaceutical and agricultural chemical products  that must be submitted to obtain marketing
approval for those products must be protected from disclosure and from unfair commercial use.
Please explain how Uzbekistan provides this protection and cite to the relevant sections of law.
Answer:
Uzbekistan provides protection of information on the safety and efficacy of pharmaceutical and
agricultural chemical products and protection of the information from disclosure and from unfair
commercial use on the basis of above-mentioned Ar ticle 98 of the Civil Code and Law of Uzbekistan
On Informatization.
(i) Any other categories of intellectual property
Question 183.  
This section refers to a draft law "On the Protection of Intellectual Property" that will protect
scientific and technical achievements, reports on scientific and research, experimental and
engineering works, and similar objects. It is not clear what this law would do and why it is
needed given the other forms of intellectual property available.
Please describe in detail what this law does and why it is needed. What is its status?
Answer:
The Republic of Uzbekistan carries out a complex of measures aimed at implementation of generally
accepted norms of international law to the national legislation. While the Laws On Inventions, Utility
Models and Industrial Designs, On Legal Prot ection of Computer Programs and Database, On
Breeding Achievements, On Trademarks and Service Marks provide for the protection of intellectualproperty, Uzbekistan is undertaking necessary measures for improvement of the legislation in this
field. Consideration of the matter on preparation of the draft Law On Protection of Intellectual
Property by relevant institutions of the republic is an example for this. The matter of adoption of this
law is in the process of discussion.
3. Measures to control abuse of intellectual property rights
Question 184.  
The second paragraph under section 3 states that compulsory licenses may be granted if a
patent or industrial design is not "worked" within three years of the grant of the rights.
Please confirm that importation of the product, or the product produced by a patented process,
would satisfy the working requirement under Uzbekistan's law.WT/ACC/UZB/4
Page 80
If that is not the case, please describe plans fo r amending the law to ensure that it complies with
Article 27.1 of the TRIPs Agreement that prohibit s discrimination in the enjoyment of rights
under" a patent based on where a product was made.
Answer:
The Section 2 of Article 29 of the Law On Inventions, Utility Models and Industrial Designs, confirm
of imported goods or goods produced through patenting satisfy current requirements of the legislation
of the Republic of Uzbekistan.
4. Enforcement
(a) Civil judicial procedures and remedies
Question 185.  
In WT/ACC/UZB/2 Uzbekistan discusses civil judicial procedures and remedies. Although
available remedies for copyright infringements on computer programs and databases appear toinclude injunctions and seizure of infringing good s, it does not appear that remedies for other
types of copyrighted works include these measures Moreover, there do not seem to be provisions
for ex parte searches or destruction of infringing goods in any cases.
Is this the case? If so, does Uzbekistan intend to amend their laws to include these remedies for
all copyrights?
Answer:
The Law On Copyrights and Neighboring Rights  provide for measures applied in cases of
infringements of the Agreement on Copyrights (Artic le 43). Measures for infringements of copyrights
consist in compensation for damages and the lost benefits, or at victim’s discretion, illegally gained
profit resulted from illegal use of objects of intellec tual property can be returned to a victim (Article
46).
The law also for provides general responsibility for infringements of the agreement on use of
neighboring rights and infringements of neighboring rights (Article 61). Thus, general responsibility
includes compensation of damages and lost the benefits.
Current measures applied to cases of infringements of rights for trademarks and marks of services
include: compensation, return of illegally gained profits, court decisions on prohibiting of further
illegally use of marks, court publications for restoration of reputation of victims, elimination of marks
from goods of a law breaker and their packages and other measures taken by the discretion of the
court (Articles 29 and 30 of the Law On Trademarks and Marks of Services).
For suppressing infringements, the holder of tradem arks is authorized to appeal to relevant state
bodies of prosecutor according to the Law On Prosecutors (Articles 23-29). In case of detecting the
cases of infringements, the holder of trademarks is  authorized to appeal to courts and prosecute a
lawbreaker according to Article 10 of the Civil Code.
In accordance with Section IV of the Civil Code, persons who have rights to use indications of places
of origin of goods, and organizations on protection of  rights of consumers have powers to require the
persons illegally using indications or marks, simila r with it to the degree of mixing, to terminate this
use eliminate indications from goods and their package, blanks and other documents, and/or if suchrequirements can not be implemented, these goods and their packages with indications have to be
destroyed (Article 1111 of Section IV of the Civil Code).WT/ACC/UZB/4
Page 81
Measures against illegal use of inventions, utility models and industrial designs include compensation,
court prohibitions against further illegal use, and publ ication of court decisions aimed at restoration of
reputation of victims and other measures taken by the discretion of the court (Article 13 of the Law
On Inventions, Utility Models and Industrial Designs).
Enjoying rights with the regard to inventions, utility models and industrial designs can be made
through appeals to relevant bodies of prosecutors according to Articles 23-29 of the Law On
Prosecutors. The holder of rights for industrial designs or inventions can appeal to relevant courts
according to Article 10 of the Civil Code.
In cases of infringing rights with the regard to new species of plants and animals, applied measures
comprise compensation, court prohibitions against further illegal use, and publication of court
decisions aimed at restoration of reputation of victims and other measures taken by the discretion of
the court (Article 43 of the Law On Breeding Achievements, Articles 10 and 14 of the Civil Code).Enjoying rights for selective achievements and new species of plants and animals can be provided
through appeal to relevant bodies of prosecutors according to Articles 23-29 of the Law On
Prosecutors.
In cases of infringements of copyrights with the regard to computer programs and databases, applied
measures comprise formal recognition of the holder of copyrights by the law breaker, restoring thesituation that was before infringements, court orders on suspending of infringements, compensation of
lost benefits, direct and indirect losses, return of illegally gained profits, other losses and arrest of
copies of computer programs and databases infringing copyrights (Article 14 of the Law On Legal
Protection of Computer Programs and Databases) . It is possible to compensate moral damages
(Article 1021 of the Civil Code). Courts on the basis of procedures indicated in the Civil ProceduralCode provide enjoying rights and applying measures.
Measures against illegal use of confidential information comprise compensation of losses by persons
who illegally use closed information or divulge such information infringing terms of a relevant
contract (Chapter 64 of the Civil Code).
Article 149 of the Criminal Code of the Republic of Uzbekistan (adopted on 22
 September 1994 and
effected on 1 April 1995) provides for responsibility for infringements of copyrights. For example,
misappropriation of authorship, compulsion to co-authorship on the objects of intellectual property as
well as divulgating of information on these objects before their official registration or publication
without consent of an author – are fined from 25 to 70 minimal salaries or by deprivation of certain
rights of up to five years, or correctional works up to three years, or custody of up to six months.
Question 186.  
This section also states that a trademark, patent, industrial design, or selection achievement
owner may turn to the "appropriate government  prosecutorial authorities in accordance with
Articles 23-29 of the law "On Procuracy" for relief from trademark infringement, and after
infringement has been established the trademark owner may file a suit under Article 10 of the
Civil Code.
Please explain in detail how this two-step process would fulfill the obligations contained in Part
III, Sections 1 and 2 of the TRIPs Agreement.
Answer:
Article 10 of the Civil Code of the Republic of Uzbekistan states:WT/ACC/UZB/4
Page 82
“Protection of civil rights is carried out in accordance with subdivision cases established by
procedural legislation or agreement, court, administrative court or arbitration tribunal (further court).
The protection of civil rights in administrative order is carried out only in cases provided for by the
law. The decisions, adopted by administrative order can be appealed against to court”.
This statement does not contradict Sections 1 and 2 of Part III of TRIPs Agreements, as well as
Article 7 of the Civil Code, which states, “If international treaties or agreements set other rules than
civil legislation, the rules of the international treaties or agreements will apply”. Besides, point 1 of
Article 1 of Part 1 of the Agreement on TRIPs states that “Members can freely determine appropriate
measures to fulfill this Agreement within own legal systems and practice”.
Question 187.  
This section indicates that, under Chapter 64 of the Civil Code, remedies available for misuse of
undisclosed information include indemnification (damages). There is no indication injunctionsare available under the law of Uzbekistan to st op the misuse of undisclosed information or
prevent it from occurring.
Please explain whether injunctions are availabl e under the law of Uzbekistan in relation to
undisclosed information and, if not, describe any plans for amending the law to provide the
remedies required under the TRIPs Agreement.
Answer:
In accordance with the Law of the Republic of Uzbekistan On Inventions, Utility Models and
Industrial Designs (Article 19, Section 9), the Civil Code and the Civil Procedural Code, all illegal use
of confidential information is adequately protected as well as courts.
(b) Provisional measures
Question 188.  
WT/ACC/UZB/2 states, "Provisional meas ures are currently being developed."
Please provide detailed information on the stat us of the provisional measures currently being
developed, describe those measures in detail, a nd outline the timetable for their implementation.
Answer:
Dates of submitting will be provided additionally.
(d) Any special border measures
Question 189.  
Please describe in detail the authority of the Customs officials to prohibit importation of goods
violating intellectual property rights and indica te how right holders can obtain relief through
the exercise of that authority.
Answer :
The State Customs Committee being a right-protection authority according to current legislation,
takes a part in developing customs policy and, ensures observance of customs legislation, providesWT/ACC/UZB/4
Page 83
measures for protection of rights and interests of legal and natural persons, stops illegal transition of
articles of art, historical and archeological property of the nations of Uzbekistan and foreign countries,
objects of intellectual property, species of animals and plants which are under the threat of
disappearing through the customs border of the Re public of Uzbekistan. The Customs Committee also
implements other functions with regard to its main tasks.
In accordance with Article 9 (Prohibition of import and export of goods and transports), Chapter 1,
Section 3 of the Customs Code of the Republic of Uzbekistan: “Import and export of certain goods
and transports can be prohibited in order to provide the national security protection, property rights
including intellectual property objects...”
Question 190.  
Please describe how the State Customs Committee exercises this authority. Please indicate how
the provisions of Article 9 of the Customs Code  fulfill each of the obligations of the TRIPs
Agreement regarding border enforcement.
Answer :
With the purpose of mandatory implementation of legislation of the republic, State Customs
Committee issues relevant internal instructions and orders, which regulate in detail the activities of
employee on the spot.
Question 191.  
Please provide details regarding of any cases in which Customs officials of the Republic of
Uzbekistan have taken action to prevent importation or exportation of goods that infringe
intellectual property rights.
Answer:
Please refer to the information given above.
(e) Criminal procedures
Question 192.  
WT/ACC/UZB/2 states that there are no specific criminal remedies and procedures for the
enforcement of intellectual property rights.
What plans exist to provide criminal penalties in accordance with the requirements of Article 61
of the TRIPs Agreement?
Answer:
Please refer to the information given above.
VI. TRADE-RELATED SERVICES REGIME
1. General
Question 193.  
Has Uzbekistan begun work on WT/ACC/5, Information to be provided on Policy Measures
Affecting Trade in Services? If not, wh en will this information be available?WT/ACC/UZB/4
Page 84
Answer:
Currently, relevant ministries and institutions of the Republic of Uzbekistan are conducting the work
on compiling WT/ACC/5 document.
2. Policies Affecting Trade in Services
Question 194.  
Uzbekistan states that its legislation "provide s for classifying" several sectors as natural
monopolies. Given the evolving nature of trade in services and growing participation of foreign
service suppliers in helping fund the development of foreign economies and infrastructures, we
would appreciate a read out of Uzbekistan's plans for allowing foreign participation or greater
foreign participation in those sectors currently classified as natural monopolies, including
energy, transportation, telecommunications and environmental services.
Answer:
The Law of the Republic of Uzbekistan On Natural Monopolies (new version) does not provide for
any restrictions on property forms of subjects of natural monopolies and restrictions in the sphere of
foreign investments.
Currently, a number of joint ventures has been created and are being planned to create with different
foreign investors in these sphere. It is expected to continue the practice of establishment jointventures. Environmental services are not classified as natural monopolies.
3. Market Access and National Treatment
Question 195.  
What does "other services may be offered through a legal entity organized in Uzbekistan or by
individual entrepreneur" mean? Would this allow a foreign service supplier to choose type ofentity to be established, e.g., subsidiary, join t-venture, branch or representative office?
Answer:
 “Others” are the services which are not mentioned in given case and which can be provided in
accordance with the legislation.
The Legislation of the Republic provides foreign residents with wide opportunities for registration of
different types of entities.
Question 196.  
Please clarify what sort of legal entities may be established to supply insurance services?
Answer:
In accordance with the Law of the Republic of Uzbekistan On Insurance, foreign insurance
organizations are authorized to carry out insurance activity on the territory of the Republic of
Uzbekistan only after their registration as a legal entity of the Republic of Uzbekistan and obtainingthe licence within the order, established by the Law On Insurance. Foreign legal and natural persons
are authorized to create insurance entities in the Republic of Uzbekistan, which are established on
their share or full participation.WT/ACC/UZB/4
Page 85
Currently, foreign insurance organizations on the territory of Uzbekistan are not restricted in choosing
any form of legal entity for providing insuran ce services on the territory of the Republic of
Uzbekistan.
Question 197.  
Does Uzbekistan allow temporary entry and movement of natural persons to supply services (in
particular, intra-corporate transferees) and for services salespersons?
Does Uzbekistan apply any restrictions relating to the supply of services through Mode 2 - " in
the territory of one member to the s ervice consumer of any other member"?
Answer:
The Republic of Uzbekistan in general does not restrict between the legal status of business subjects:
legal and natural persons. There is just a certain difference in state registration and taxation.
4. Most-Favored Nation Treatment
Question 198.  
Please provide information on any preferential treatment Uzbekistan provides Foreign Service
suppliers, for example, under bilateral or reg ional agreements on investment or trade in
services.
Answer:
International agreements of the Republic of Uzbekistan on trade-economic cooperation, mutual
encouragement and protection of investments provide MFN, and preferential treatment for goods
(works, services), investments and activities to support such investments coming from countries-
counter-agents related to such agreements.
- Description of the market and the mech anism for regulating the most prominent
services sectors
Question 199.  
Please compare the information provided in this section and above in section 2. regarding
regulation and licensing of certain service sector s with the requirements of the GATS, including
Article III on transparency and Article VI on domestic regulation.
Uzbekistan states in WT/ACC/UZB/2 that, with limited exceptions, the same regulatory
procedures exist for domestic and Foreign Service suppliers. However, Article VI contains other
requirements as well.
Please provide information on how Uzbekistan is  complying or will make changes to ensure that
its regulatory regime fully complies with GATS requirements.
Answer:
Legislation of the Republic of Uzbekistan in general satisfy all mentioned requirements indicated in
Agreement’s articles including those related to publicity and access to normative acts and regulations,
which are regularly published in the press and special outlets, and related to functioning of competent
bodies and special procedures on indicated matter.WT/ACC/UZB/4
Page 86
Question 200.  
Please review the list of sectors subject to regu lation. Uzbekistan has provided a fair amount of
information on who is charged with licensing ea ch activity. Please report to WTO members how
the requirements for licensing are made available to service suppliers and how the licensing
process works in practice.
Answer:
Requirements on licensing are reflected in normative acts published in the press and special outlets.
At present, Oliy Majlis has adopted the Law on licensing of certain types of activity, which is a
fundamental act in this sphere.
Question 201.  
Do any of the procedures for licensing contain quantitative restrictions on the number of service
suppliers that may be licensed or the type of services legal entity (i.e. joint-venture requirement)that must be established in order to obtain a license? In such cases, the regulation actually
would constitute a market access restriction and wo uld have to be eliminated or negotiated for
inclusion in the services schedule.
Answer:
No, it would not. At the same time, in accordance with the legislation, the Cabinet of Ministers of the
Republic of Uzbekistan is authorized to prohibit certain licensed kinds of activity carried out by
natural persons who conduct commerce activity without establishing a legal entity (by individual
businessmen) with the exception of cases provided for by the law.
Question 202.  
Please clarify the meaning: Passenger and cargo tr ansportation is not subject to licensing if such
activities or transportation services are carrie d out on the basis of special normative acts of
Uzbekistan?
Answer:
If the Legislation of the Republic of Uzbekistan provides for the list of transport works related to
passenger and cargo transportation and which are not subject to licensing, in these cases legal andnatural persons owning transports on the basis of property or other rights may transport without
licenses.
(a) Legal services:
Question 203.  
Does Uzbekistan apply any restrictions on the ab ility of foreign lawyers in private practice to
form partnerships with Uzbek lawyers or to hire Uzbek nationals as lawyers? Would this
category include the right to provide foreign legal consultancy services regarding home andinternational law?WT/ACC/UZB/4
Page 87
Answer:
In accordance with the legislation of the republic, lawyers may be the citizens of Uzbekistan. At the
same, time there are no restriction related to providing services by Uzbek lawyers to foreign persons.
There are no restrictions on using foreign legal services by Uzbek residents as well.
(b) Telecommunications services:
Question 204.  
The reference to 49 per cent foreign equity holdings would lead us to believe that the procedures
for licensing in this sector may include some restric tions on form of enterprise or level of foreign
equity share. Please clarify.
Answer:
Procedures on licensing of activities in the sphere of telecommunications of the Republic of
Uzbekistan do not contain restrictions with the respect to a form of an enterprise or the level offoreign entity share.
Moreover, currently the share of foreign participation on the telecommunications market of the
Republic of Uzbekistan is not limited.
- Other communications services:
Question 205.  
Are express delivery services free to establish and operate in Uzbekistan? Through what forms
of legal entity?
Answer:
Currently, the activity on providing express delivery services is not licensed.
The Ministry of Justice in the established order registers by local authorities and/or natural and legal
persons, conducting business activity on the territory of the Republic of Uzbekistan. There are no
restrictions on forms of legal entity.
(c) medical services and hospitals:
Question 206.  
Are foreign service suppliers treated the same as domestic service suppliers regarding
applications for licenses to own and operate hospitals and other healthcare facilities?
Answer:
The legislation provides for licensing of activity on providing of medical assistance but not the right
to own and operate hospitals. Meanwhile the foreign service suppliers pass the same procedures as
local ones to obtain these licenses.WT/ACC/UZB/4
Page 88
(d) the description of the case-by-case basis for review of applications to supply
educational services would not seem to be consistent with GATS obligations. We
would appreciate further clarification from Uzbekistan.
Answer:
In accordance with the Law On Education, there is a possibility to establish nongovernmental
education system in the Republic of Uzbekistan. Establishing area of non-government educational
institutions in the Republic needs organizational works. The Resolution of the Cabinet of Ministers
№313 dated 24 June 1999, On Measures for Establishment and Development of the Network of
Nongovernmental Child’s Preschool Institutes is being realized in the republic. The matter on
establishing child’s nongovernmental schools is being considered.
(e) Banking and other Financial Services (excluding Insurance)
Question 207.  
In addition to the capital and foreign exchange  controls described in the document, are there
any measures of a horizontal nature (affecting all or many sectors) that limit market access or
national treatment in the financial services sector, such as investment authorizations,
reciprocity measures, or other discriminatory prac tices, including those involved in privatizing
state enterprises? If so, please describe these measures.
What is the rationale for Uzbekistan's discri minatory regime governing capital requirements
for banks? Does Uzbekistan plan to change th is regime to accord with national treatment?
Answer:
Normative acts of the Central Bank, developed jointly with the World Bank experts, establish
minimal charter capital in volume of US$5 million for the newly created banks with participation offoreign capital and daughter companies of foreign banks; for other commercial banks without
participation of foreign capital since 1 January 1999 – in sum equivalent to US$2 million, and since
1 January 2000 - in sum equivalent to US$2.5 million.
Established minimal volume of charter capital for banks with participation of foreign capital
corresponds to the international banking practice.
On the other hand, taking into account the specific features of international bank transactions, banks
with the participation of foreign capital as active participants of the process of international payments
are required to have necessary amount of own foreign currency for launching their activity.
Also, establishing minimal volume of charter capital for newly created banks without participation of
foreign capital, along with the minimum charter requirements to banks with participation of foreign
capital, currently will serve as a serious restrictive factor in creation of banks with participation of
national capital because of the majority of potential national investors do not have enough resources.It will result considerably on dropping number of created banks, and finally will reduce competition
in the banking system of the republic in general.
With deepening economic process on transition to market conditions taking place in the republic, and
coming of such a favorable time when national invest ors will be available to invest large sums in the
banking system, the Central Bank will consider the matter on establishing single minimal volume ofcharter capital for all newly created banks.WT/ACC/UZB/4
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Taking into consideration mentioned above, establishing discrepant minimal volume of charter funds,
for the newly created banks with and without participation of foreign capital it is not appropriate to
consider as discriminating regime. Besides this difference, there are no hindering measures.
Question 208.  
Are there other measures that would deny national treatment to foreign financial institutions
that seek to establish, expand, or acquire an existing financial institution, in Uzbekistan?
Please clarify whether foreign banks and other financial services providers (investment funds,
securities firms) may establish and expand a comm ercial presence in Uzbekistan as a branch, an
agency, a representative office, and as a wholly-owned subsidiary, either through de novo
investment, or through acquisition of existing enterprises?
Answer:
Foreign banks, other institutes and foreign natural persons are authorized to participate in creating
banks on the territory of the Republic of Uzbekistan  including joint banks. Alongside with legal and
natural persons-residents of the Republic of Uzbekistan they may also participate in charter capital of
banks through acquisition of bank’s shares.
Moreover, foreign banks are entitled to create their subdivisions and representative offices on the
territory of the Republic of Uzbekistan.
Currently, almost all kinds of financial institutes existing in the world practice are functioning in the
Republic of Uzbekistan. They are banks, credit institutes, insurance, leasing companies, investment
funds, clearing centers, depositories, broker-dealer organizations and others.
Question 209.  
Please describe in further detail the range of services that financial services providers are
currently permitted to provide in Uzbekistan. In  providing this information, please use the
definition of banking and other financial services found in para. 5 (a) of the Annex on Financial
Services,  and the types of financial services provi ders (banks, securities firms, investment
companies, etc.) that may provide them.
Answer:
In accordance with Article 4 of the Law of the Republic of Uzbekistan On Banks and Banking
Activity the banks on the territory of the Republic of Uzbekistan, having obtained the licence issued
by the Central Bank of the Republic of Uzbekistan for banking activity are authorized to conduct
following types of banking transactions:
- opening and conducting accounts of natural and legal persons including banks-corresponds,
payments on accounts;
- attracting deposits;
- providing on terms of repayment, payment and urgency of credits at the expense of own and
attracted funds;
- managing of funds through a agreement with an owner or manager of funds;
- purchasing from and selling to natural and legal persons foreign currency in cash and by cheque;
- encashment of funds, bills, payment and estimate documents;
- providing guaranties for third persons providing for implementation of obligations;
- obtaining a right of demand on implementing obligations from third persons;WT/ACC/UZB/4
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- issuance, purchase, sale, account and custody of securities, managing securities through an
agreement with a client;
- conducting other transactions with securities;
- providing bank consultations and informative services;
- providing for leasing to natural and legal persons special premises or safe boxes for custody of
documents and other values;
- financial leasing;
- other transactions in accordance with international banking especially provided for by the licence.
Banks are not authorized to pursue production, trade and insurance activity.
Question 210.  
What services are commercial banks permitted to provide?
Answer:
Commercial banks of the Republic of Uzbe kistan provide following banking services:
1. Accepting deposits from population (urgent, to be called for, saving) and other payable funds (i.e.
accepting means for housing and consumer services and state duties and taxes paid by
population);
2. Lending loans of all kinds (short-, mid- and long-terms) including consumer credits (provided to
population for purchasing consumer goods), loans (provided on the base of collective provision),
factoring (factoring – re-concession by entities (suppliers) to a bank of right of accepting payment
on preliminarily accepted base by payers, but unpaid payment requirement for supplied goods,
implemented works or provided services on the terms of commercial credit and financing
commercial transactions;
3. Financial leasing – a certain type of renting relationship when one party (leasing supplier) on the
base of demand of the other party (leasing recipient) acquisition from the third party (seller) a
property (objects of leasing) with the purpose of providing this property for ownership and use to
leasing recipient.
4. All kinds of services on payments and monetary transfers including crediting, payment and debit
cards, travelers cheque and banking bills;
5. Guaranties and bonds (banks, other credit institutes and insurance companies as well are
authorized to provide guarantees and undertake obligations);
6. Trading at own expense and at the expense of clients on and outside currency exchange or another
way ((banks are authorized to purchase or sell currency resources on currency exchange at own
expense and through the order of their clients as well);
7. Instruments of monetary market (including cheque, transferring bills, deposit certificates). All
commercial banks, according their Charter and dire ctions indicated in the license, enjoy the right
for transactions with the instruments of monetary market;
8. Foreign currency (commercial banks may operate an opening currency payments, purchase, sales
conduct other transactions on exchange market with  foreign currency according to issued licence
of the Central Bank of the Republic of Uzbekistan);
9. Industrial products including but not limited to futures and options;
10. Instruments related to currency exchange rates and interest rates including swap and forward
transactions;
11. Transferred securities (according to current legislation, commercial banks are authorized to
operate with transferred (bills etc.) securities;
12. Other circulating instruments and financial assets;
13. Participation in issuance of all kinds of securities including guaranties and accommodation as an
agent (state or private) and providing services related to these issuances;
14. Broker transactions on monetary market;WT/ACC/UZB/4
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15. Managing assets such as cash or securities, all kinds of managing collective investments,
managing pension funds, trusting, services on custody and trust services. Commercial banks are
authorized to provide services on custody and conduct trust transactions according to an
agreement with a principal;
16. Services on payments and clearing services on financial assets including securities, derived
products and other circulating instruments;
17. Providing and transferring financial information and processing financial data and relevant
software by suppliers of other financial services;
18. Consultative, mediation and other auxiliary financial services on all kinds of activity listed in
items 5-15 including inquiry and analytic materials on credit matters, researches and
recommendations on issues of purchase, reorganization and strategies of corporations (All
commercial banks, consulting firms and other organizations provide a set of necessary financialservices).
Question 211.  
Please describe what "investment funds" are, s ervices they may provide, and what criteria are
used to licence them.
Answer:
According to the Regulation On Investment Funds, the Investment fund is a legal body issuing and
accepting shares, making other transactions with securities and taking participation on rights of the
shareholder in development and increase of effect iveness of the activity of enterprises, shares of
which are hold by the investment fund. Indicated transactions are an exceptional kind of activity of
the investment fund. In accordance with the charter of a fund (fund of open type) investment funds areauthorized to securities with the obligation of their redeeming, i.e. investment funds can issue provide
security holders of such funds the right to acquire monetary sums or other property in exchange to
securities, or funds (fund of closed type) are authorized to issue securities without obligations of
redeeming securities the issuer.
Banks and insurance companies, with activity regulated by the Legislation of the Republic of
Uzbekistan, cannot be investments funds. The invest ment fund considered established after its state
registration and obtaining the licence for activity as an investment fund. State registration of
investment funds is carried out in the order established by the Legislation of the Republic of
Uzbekistan for joint stock companies. Licensing of the investment funds is carried out in the order
established by the Cabinet of Ministers after providing relevant documents to the Center on
Coordination and Control on functioning of security market.
Question 212.  
Are there any measures that would limit foreign-owned financial services provider established
in your country from competing on terms and cond itions no less favorable than domestic firms?
(This would include the opportunity to participate in any self-regulatory bodies, securities or
futures markets, clearing agencies, or other organizations or associations)?
Answer:
The legislation of the Republic of Uzbekistan provides for a number of concessions and preferences
for foreign investors that are not provided for local investors. In particular, Article 3 of the Law of the
Republic of Uzbekistan On Guaranties and Measures for Protection of Rights of Foreign Investors
indicates that: “In cases when following legislation of the Republic of Uzbekistan deteriorates
conditions of investment, foreign investors apply the legislation which was in force on the date ofinvestments for ten years beginning since the time of investment. Foreign investor is authorized at itsWT/ACC/UZB/4
Page 92
disposal to apply that provision of new legislati on, which makes better conditions of its investment.
Article 5 of the same Law provides that foreign investments and other assets of the foreign investors
of the republic of Uzbekistan are not subject to nationalization”. Moreover, the Law of the Republic
of Uzbekistan On Guaranties and Measures for Pr otection of Rights of Foreign Investors stipulates
“The Government guaranties and protects the rights of foreign investors enjoyed in the investmentactivity on the territory of the Republic of Uzbekistan”.
Question 213.  
Please describe any laws, regulation, or practices which limit, in any way:
the ability of a non-resident financial service provider to provide cross-border into the territory
of your country advisory and other auxiliary financial services, the provision and transfer of
financial information, and financial data processing (as defined in para. 5 of the Annex.)
whether residents of your country may purchase fi nancial services in the territory of another
party?
Answer:
In general there are no restrictions on use of services supplied by foreign financial institutes. Besides,
in case opening accounts by the residents of Uzbekistan, who are temporarily on the territory of
another country, the Central Bank authorization is not required.
(f) transport services:
Question 214.  
Please provide more details on the application and licensing process for cargo transportation
and domestic and international freight forwarding services.
Answer:
To obtain the licence for cargo transport the carrier, owning transports on the right of the property or
other objects rights, presents following documents:
1. Application of established form;
2. List of available movable transport for each type of licensed transportation;
3. An authorized copy of certification on registration of an enterprise (organization) and certification
on including of companies in the State register of enterprises and organizations from the State
Department of Statistics;
4. Notary authorized copy of the Charter of enterprise (organization). The Charter should contain the
indication on licensed transport activity;
5. Banking requisites;
6. Notary authorized copy of the Foundation Contract;
7. The information on available technical service and maintenance of movable transport centers;
8. Guarantee Letter signed by the Chief and Chief accountant on slovenly of the enterprise
(organization).WT/ACC/UZB/4
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- International Passenger and Cargo Transportation
- (Additionally to above-mentioned items)
9. Authorized copy of certification confirming professional fitness of the Chief of enterprise
(organization) to this kind of activity.
After receiving above listed documents, the working Group of the Commission of the Cabinet of
Ministers on Licensing in the Sphere of Transport considers materials on Sub-commission and
afterwards this transfers the documents to the Commission of the Cabinet of Ministers which makes
resolution on issuing the licence.
According to adopted resolution Uzbek Agency of Automobile and River Transport issues the
Licence for certain activity after an applicant has paid governmental duties and fees.
(g) insurance services:
Question 215.  
Which entity or entities has responsibility for reviewing and approving applications for licenses
to supply insurance services? Are the state insu rance companies also involved in the review and
licensing of private providers of insurance se rvices? What requirements exist to obtain a
license? Do the requirements differ based on the type  or types of insurance to be provided? Is it
possible for foreign suppliers of insurance services to choose type of legal entity, that is, asrepresentative office, subsidiary, joint venture or as a branch?
Answer:
In accordance with the Law of the Republic of Uzbekistan On Insurance, issuance of the licenses for
of insurance activity is implemented by the State Inspection on Insurance Monitoring of the Republic
of Uzbekistan – the Body of state regulation of  the activity of insurance organizations. State
Inspection also conducts mandatory registration of insurance organizations carrying out the activity
on the territory of the Republic of Uzbekistan. The State Inspection on Insurance Monitoring shall
issue the licence during 30 days since the date of receiving all necessary documents. In particular
notes of a bank or another credit institute on available charter fund of the established amount, rules in
the case of a specific insurance, payment or grounding for insurance tariffs.
The State insurance organizations do not participate in considering and licensing private insurance
companies.
In future, it is planned to adopt a new Law of the Republic of Uzbekistan On Insurance, activity on
the territory of the Republic of Uzbekistan which will specific requirements to insurance
organizations depending on conducted types of insurance transactions in particular, when insurance
organizations are established and the licenses are issued, the requirements to the volume of the charter
capital are varied.
The new draft law provides a section with respond the order regulating the licensing process by the
State Inspection on Insurance Monitoring.
Foreign insurance organizations providing services on the territory of the Republic of Uzbekistan are
free to choose among forms of legal body as a joint venture, branch office or subsidiary for
conducting its activity.WT/ACC/UZB/4
Page 94
Question 216.  
Could Uzbekistan provide similar information ( 5. market structure and/or regulatory regime if
applicable) for the following sectors: profession al services (accounting and auditing services;
taxation services; architectural and engineering services); construction and related engineering
services; distribution services; audio-visual services; environmental services; and tourismservices?
Also, related to information provided earlier in the document, please clarify how Uzbekistan
defines "trade services" and the market struct ure and/or regulatory regime for this sector.
Answer:
As mentioned above, currently, relevant ministries and institutions of the republic have begun the
work on compiling WT/ACC5 document (the schedule of concessions and commitments on services).
At the same time, this information is reflected in the Memorandum on Foreign Trade of the Republicof Uzbekistan.
VII. INSTITUTIONAL BASIS FOR TRADE AND ECONOMIC RELATIONS WITH
THIRD COUNTRIES
1. Bilateral or plurilateral agreements relating to foreign trade in goods and trade in
services
Question 217.  
Does Uzbekistan plan on adhering to the provisions of the Civil Aircraft Agreement?
Answer:
Pending.
2. Economic integration, customs union and free-trade area agreements
Question 218.  
Imported goods originating from the countries,  which signed the Agreements about Free Trade
Areas, are not subject to import customs duties. The said countries are entered in the list
registered by the Ministry of Justice on April 8, 1998, No 429. This regime is applied to the
trade with all CIS countries except Armenia and Turkmenistan.
What is the tariff regime applied to Armenia and Turkmenistan?
Answer:
There is no signed Agreement on Free Trade Area between the Republic of Uzbekistan and Armenia;
therefore Uzbekistan applies to Armenia the same regime as to the third countries.
With Turkmenistan the Agreement on Basic Directions of Long-term trade-economic cooperation is
signed. It provides the application of the regime on free trade in bilateral relationship (Ref. No. 24 of
document WT/ACC/UZB/4/Add.1 refers).WT/ACC/UZB/4
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Question 219.  
What portion of trade with the other CIS is duty free? What are the major sectors excluded
from the FTAs? What plans exist to complete the FTA system in the CIS?
Answer:
The Protocol on introducing amendments and supplements to the Agreement on creating free trade
areas was signed on 2 April 2000.
This Protocol can give new impact to development of economic relations among Free Trade Areas
member-states.
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