WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/TJK/24 
20 June 2012 
 (12-3250) 
Working Party on the Accession  
of the Republic of Tajikistan Original:   English 
 
 
 
ACCESSION OF THE REPUBLIC OF TAJIKISTAN 
 
Additional Questions and Replies 
  
 The following submission, dated 13 June 2012, is  being circulated at the request of the 
Delegation of the Republic of Tajikistan.   
_______________ 
  WT/ACC/TJK/24 
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  TABLE OF CONTENTS 
II.  ECONOMIC POLICIES .......................................................................................................... 1  
-  Investment Regime.............................................................................................................. ...... 1 
-  State Ownership, Privatization and State-Trading Entities ................................................. 1  
-  Pricing Policies .............................................................................................................. ............ 3 
-  Competitio n Policy ............................................................................................................ ........ 4 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES ...................................... 5  
-  Powers of Executive, Legislative and Judicial Branches of Government ............................ 5  
IV.  POLICIES AFFECTING TRADE IN GOODS ..................................................................... 5  
-  Trading Rights ................................................................................................................ .......... 5 
A.  IMPORT REGULATIONS ...................................................................................................... 7  
-  Tariff rate quotas, tariff exemptions ....................................................................................... 7  
-  Application of internal  taxes to imports ................................................................................. 8  
-  Excise Tax .................................................................................................................... .............. 8  
-  Value Added Tax (VAT) ......................................................................................................... . 9 
-  Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ....................................................................................................................... .............. 10  
-  Customs valuation ............................................................................................................. ...... 13 
-  Rules of origin ............................................................................................................... .......... 15 
-  Anti-dumping, countervailing duties, safeguard regimes ................................................... 16  
B.  EXPORT REGULATIONS ................................................................................................... 18  
C.  INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ......................... 19  
-  Industrial policy, including subsidies .................................................................................... 19  
-  Technical barriers to trade, standards and certification ..................................................... 20  
-  Sanitary and phytosanitary measures ................................................................................... 21  
-  Trade-related investment measures ...................................................................................... 25  
-  Free zones, special economic areas ........................................................................................ 25  
-  Government Procurement ...................................................................................................... 2 6 
-  Transit ....................................................................................................................... ............... 26  
-  Trade in ci vil aircraft ....................................................................................................... ....... 26 
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME ....................................... 27  
-  SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS ........................................................................... 27  
-  Copyright and related rights ..................................................................................................  27 
-  Trademarks, including service marks ................................................................................... 29  
-  Geographical indications, including appellations of origin ................................................. 30  
-  Requirements on undisclosed information, in cluding trade secrets and test data ............ 30  
VI.  POLICIES AFFECTING TRADE IN SERVICES .............................................................. 31  
VII. TRANSPARENCY ................................................................................................................. 32 
-  Notifications ................................................................................................................. ............ 33  
VIII. TRADE AGREEMENTS ....................................................................................................... 33  
ANNEX 1 ....................................................................................................................... ....................... 35  
  WT/ACC/TJK/24 
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  II. ECONOMIC POLICIES 
- Investment Regime Question 1 Question 2 of WT/ACC/TJK/23:  The response states that foreign persons engaged in 
commercial activities and registered in the Republic of Tajikistan "either as entrepreneur or as 
a branch of the foreign company " may acquire the right to use the land on the same basis as 
Tajik nationals or Tajik legal persons, and without the need for a Tajik partner.   
Does this imply that Tajikistan recognizes br anches of foreign companies, registered in 
Tajikistan, as legal persons able to conduct business?  
Answer: 
Yes it does.  Branches of foreign companies in Ta jikistan are registered in accordance with the Law 
No. 508 "On State Registration of Legal Entities an d Individual Entrepreneurs" of 19 May 2009.  
By the act of registration the branch acquires the st atus identical to that of a legal person, which 
enables such branch to conduct business. 
- State Ownership, Privatization and State-Trading Entities 
Question 2 Paragraph 41 of WT/ACC/SPEC/TJK/5/Rev.1:   Concerning the restructuring plan for the 
wholly State-owned enterprise "Barki Tojik, " producer and transmitter of electricity, approved 
in Government Resolution No. 431 of 30 August 2011, and was being implemented.   
Please describe the main elements  of the restructuring and confirm that none of them included 
privatization. 
Answer: 
The individual restructuring plan for "Barki Tojik ", approved in Government Resolution No. 431 of 
30 August 2011,  comprises three phases:  (i) co mmercialization (2011-2013); (ii) competition 
(2014-2015); and (iii) privatization (2015-2018).  
Key elements of the first phase (2011-2013) are the following: 
- Creation of three departments within "Barki Tojik" that would reflect three basic tracks of 
activity - production, transmission and distribution of electricity; 
- Re-evaluation of capital assets; - Finalization of the process of adoption of International Financial Reporting Standards; 
- Writing-off of the obsolete equipment; - Privatization or transferring to local authorities of auxiliary assets and facilities; 
- Transformation of departments into three separate enterprises for production, transmission 
and distribution of electricity; and 
- Distribution of assets and responsibilities among three entities. 
The second phase (2014-2015) will encompass mainly ac tivities related to adjustment of the legal 
framework, development of basic principles of op eration of the new enterprises, reform of the 
management, organization of i ndependent operation and providi ng financial sustainability.  WT/ACC/TJK/24 
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  The implementation of the phase three will depe nd on the results of phases one and two.  
Question 3 
Paragraph 44  states that, "The representative of Tajikistan said that the Ministry of Economic 
Development and Trade was responsible for State -trading entities and practices in Tajikistan. " 
Is MED also responsible for State-owned and Stat e-controlled enterprises and their operations?  
Answer: 
Different ministries are responsible for State- owned and State-controlled enterprises and their 
operations depending of the sector they operate in .  Therefore, MED is not responsible for all 
State-owned and State-controlled enterprises.  Furthe rmore, all the State enterprises that used to be 
MED responsibility have been priv atized, so at this moment ME D is not responsible for any 
State-owned and State-controlled en terprises and their operations.   
Question 4 
Question 10 of WT/ACC/TJK/23:  It is stated that television or radio broadcast centres could be 
privatized by Government Decision, "however the criteria for any such privatization were not 
yet determined. "  
- Can Tajikistan indicate what sort of criteria would be applied if privatization of State 
owned television or radio broadcast centers were contemplated. 
- May broadcast centres be established with private funds?  If so, by whom?  How is this 
sort of investment regulated?  Do the laws governing Government-owned broadcast facilities regulate privately held facilities as well.  
Answer: 
- The criteria that would be applied have not been  contemplated yet.  They will be developed at 
the time the decision on privatization will be made. 
- Any natural and legal person has the right to establish a broadcast center with private funds. 
This sort of investment is regulated as any ot her investment in any other sector, there is no 
difference whatsoever.  The laws and regul ations governing broadcast are applied to 
government owned and privately owned broadcast facilities in the identical manner.  
Question 5 
Paragraph 46:   Please clarify that private enterprises incl uding foreign-owned enterprises, may, 
with the appropriate licenses, engage in the importation of alcohol and alcoholic beverages, and tobacco products. 
Answer: 
Tajikistan confirms that private enterprises, in cluding foreign-owned enterprises registered in 
Tajikistan, may, with the appropriate licenses, e ngage in the importation of  alcohol and alcoholic 
beverages, and tobacco products.  WT/ACC/TJK/24 
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  - Pricing Policies 
Question 6 In paragraph 48, it is stated that:  "The repr esentative of Tajikistan said that pursuant to 
Decree No. 202 of 26 June 1998 (replacing Decree No. 310 of 4 May 1995), all forms of price 
controls had been abolished in Tajikistan."  It has been reported though that the ongoing plans 
to amend the Law "On Competition" might include references to "regulated markets ", and 
assign to the Antimonopoly agency the ta sk to control prices in these markets. 
Could Tajikistan confirm whether this reported information is accurate, and whether the new 
Law "On Competition" will allow for pricing contro ls in a set of regulated markets, and if so, 
how?  
Answer: 
Tajikistan does not plan allow  for pricing controls in a set of regulated markets. 
Question 7 
Paragraphs 50 and 52:   Concerning the State-owned Tajik Railways (State Unitary Enterprise 
"Rohi Ohan "), the text states that railway tariffs and fares were determined "within the 
framework of the CIS unified tariff policy" and that they were set only after "agreement with 
the State Antimonopoly Agency. "  
We had understood that Tajikistan established prefer ential rates of transport for the export of 
agricultural products.  Does the Ministry of Tran sport administer such preferences, and if so, 
how? 
Answer: 
No, Ministry of Transport does not administer preferential transport rates.  
Question 8 
Paragraph 54  states that "from the date of accession, Tajikistan would apply the price 
regulations on products and services contained in  Table [4], and any that are introduced or 
re-introduced in the future, in a WTO consistent fashion. . . ".   
Please indicate what acceptance of this comm itment would mean for the price preferences 
provided by Tajikistan for exported  domestic agricultural products? 
Answer: 
Acceptance of this commitment would mean that price preferences provided by Tajikistan for 
exported domestic agricultural products would be  reviewed and if found in contravention of 
WTO rules will be abolished at the time of accession to the WTO. WT/ACC/TJK/24 
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  - Competition Policy 
Question 9 As regards the currently applied Competition Law,  could Tajikistan confirm whether it governs 
State-trading enterprises? 
Answer: 
Tajikistan confirms that current Competition Law also governs State-trading enterprises.  The Law 
does not differentiate between State-owned and other enterprises.  Article 3 of the Law, defines the 
term "economic operators" as any legal person (regardless of the form of ownership), including 
foreign persons, as well as any natu ral person engaged in entrepreneur ial activity without establishing 
a legal person (not incorporated).   
Question 10 Overall, we would like to have an update on th e on-going discussions to amend the Competition 
Law.  Could you elaborate on the main changes you are contemplating and the state of play of the approval process?  We would of course encourage  Tajikistan to circulate a copy (in English) 
of the new Law as soon as available.  
In particular, is Tajikistan contemplating to ex tend the application of its Competition Law to all 
sectors of the economy, including for instance the financial sector, which seems currently to be 
excluded?   
Is Tajikistan aiming to include competition infr ingements involving Intellectual Property Rights 
within the scope of its Competition Law?  
As regards enforcement of the competition rules, could Tajikistan indicate the agency in charge 
of monitoring infringements, and whether any cases have been investigated and sanctioned?  
If so, we would appreciate information regarding the record of cases since 2000. 
Answer: 
The amendments to the Competition Law that have b een prepared currently are few and mainly relate 
to procedures of monitoring and penalties.  The is sues referred to in the question have not been 
discussed and there is no concrete work that would lead to such amendments to the Competition Law, 
i.e. at the moment there are no on-going discussions on the matter. 
National Bank of Tajikistan is res ponsible for regulating and monito ring competition in the financial 
sector.  Currently there are no specific laws or regulations covering competition in this sector. 
Therefore, National Bank for the issues of competiti on refers to Antimonopoly Agency and, therefore, 
Competition law is de facto applied to financial sector. 
Please note that infringements involving Intellectua l Property Rights are covered by the Civil and 
Penal Codes. 
In the period from 2000-2012 the state body in ch arge of anti-monopoly policy has reviewed 16 cases 
involving infringements of intellectual property rights.  WT/ACC/TJK/24 
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  III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative and Judicial Branches of Government Question 11 Question 16 of WT/ACC/TJK/23 and paragraph 68 of WT/ACC/SPEC/TJK/5/Rev.1:  
The response states that Tajikistan 's ratification of the New York Convention on the 
Recognition and Enforcement of Foreign Ar bitral Awards is still under consideration.  
Tajikistan 's adoption of the New York Convention on the Recognition and Enforcement of 
Foreign Arbitral Awards would greatly enhan ce the climate for foreign investment.   
Does Tajikistan still intend to join the Convention?  If so, please indicate, in general, the steps 
that still need to be taken, and how long this might take to complete? 
Answer: 
Yes, Tajikistan still intends to join the New York Convention.  There are two formal steps required – 
approval of the text of the Convention by the G overnment and the subsequent ratification by the 
Parliament.  After the ratification and the official  publication the Convention will become an integral 
part of the legal system and thus directly enfo rceable.  Currently the Co nvention has been approved 
by the Government and is pending the ratification by  the Parliament.  By the act of ratification the 
New York Convention will become integral part of  Tajikistan's legal system and will be directly 
enforceable.   
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 12 
Paragraph 76  states that "In accordance with Item 3.7 of [the] General Annex [of the Revised 
Kyoto Convention], any person having the right to  dispose of the goods on the customs territory 
was entitled to act as declarant. " 
Please describe what Tajikistan considers the "right to dispose of the goods. "  Does it include 
distribution, or does it refer to the ownership of the goods or to having the power of attorney of 
the owner of the goods? 
Answer: 
Under the legal system of Tajikistan "the right to dispose of the goods" has the meaning similar to that 
in any other legal system – to fully control the goods; to transfer the goods to the care or possession of another; to part with, alienate of, or to give up of the goods.  The right to dispose can refer to either 
the ownership of the goods or to having the power of attorney of the owner of the goods.  Where the 
importer is not established in Tajikistan, the right to dispose of the goods does not include distribution 
of such goods within the customs territory of Tajik istan; it includes, however, the right to sell such 
goods to the person who has the right to distribute goods within the customs territory of Tajikistan. WT/ACC/TJK/24 
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  Question 13 
Article 126  of Tajikistan's Customs Code does not permit  foreign persons to be the declarant if 
the foreign person exporter is conducting a foreign trade transaction with a Tajikistan domestic 
person.  This limitation is not found in the Revised Kyoto Convention. 
Tajikistan should amend its Customs Code or otherwise clarify in domestic law that the broader 
rights for foreign declarants included in the Revised Kyoto Convention are domestic law. 
Answer: 
Tajikistan had ratified the Revised Kyoto Convention on 8 December 2010.  By the act of ratification 
the Revised Kyoto Convention has b ecome an integral part of the Tajikistan's legal system and as 
such is directly enforceable.  Consequently, provision  of the Item 3.7 of its General Annex, according 
to which any person having the right to dispose of  the goods on the customs territory was entitled to 
act as declarant, is also directly enforceable.  In case of any conflict between provisions of the ratified 
international agreement and the national law, ra tified international agreement, including Kyoto 
Convention will precedence over domestic legislation.   
In addition, the issue of foreign declarants not est ablished in Tajikistan has been addressed in the draft 
of the new Law "On Foreign Trade Activity", whic h has been approved by the Government and is 
pending parliamentary passage.  Article 13, pa ragraph 2 of the Law states the following: 
 (a) "2.  Foreign persons who are not  commercially present (who do not have 
representative or branch office or any other type of business or professional form of organization) established in the Republic of Tajikistan shall have the right to import 
goods into the territory of the Republic of Ta jikistan, directly and without the need to 
use the services of the customs broker or any other local natural or legal person at any 
stage of the import procedure.  However, such importers shall not have the right to sell and distribute such imported goods in th e Territory of the Republic of Tajikistan. 
Importers who are not commercially present in the territory of the Republic of Tajikistan shall have the right to deliver  imported goods only to natural and legal 
persons having the right to distribute such goods in the territory of the Republic of 
Tajikistan." 
Therefore, Tajikistan is if the opinion that the br oader rights for foreign declarants included in the 
Revised Kyoto Convention are the domestic law and confirms, once again, that any foreign person has 
the right to import goods and be named as the declaran t for such import, regardless of legal status and 
without the need to be commercially pre sent and/or registered in Tajikistan. 
Question 14 Paragraph 77  states that the registration criteria, requirements and process to become a 
Customs Broker are outlined in Chapter 15 of the Customs Code.  Please confirm in the text of the Working Party Report that any registered Ta jikistan legal person, including foreigners that 
register as entrepreneurs and foreign owned firms, who meets the other criteria in Tajikistan 's 
legislation, my become customs brokers. 
Please clarify whether the required employee's expert  in customs clearance is necessary to be a 
customs broker in Tajikistan.   WT/ACC/TJK/24 
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  Answer: 
Tajikistan confirms that any registered Tajikistan le gal person, including foreigners that register as 
entrepreneurs and foreign owned firms, who meets th e other criteria in Tajikistan's legislation, may 
become customs brokers. 
No, there is no need for the expert on cu stoms clearance to be a customs broker. 
Question 15 Paragraph 79:  We suggest that the reference to  licensing in this paragraph be clarified to 
distinguish "activity " licensing of importation and exportation, from the "import and export 
licenses " required as customs documents to achi eve customs clearance of specifically "licensed " 
goods.  Our suggested edits are as follows: 
 79.  The representative of Tajikistan noted that about 45 activities (Table 5(a)) were 
subject to licensing pursuant to Law No. 37 "On Licensing of Separate Types of 
Activity" of 17 May 2004 and Regulation No. 172 "On the Peculiarities of Licensing Certain Types of Activities" of 3 April 2007 (replacing Regulation No. 337 of 1 September 2005).  As the activities were defined broadly, and mostly related to the 
production of goods and services, holding the licence for these activities would also 
entitle the holder to engage in importing or exporting, if relevant, as no distinction was 
made between production, distribution or commerce.  Information on the application 
and supporting documents needed for activity  licenses (including for importing tobacco 
and other products subject to Law No. 37) is listed on pages 6 to 7 of document 
WT/ACC/TJK/19.  Any legal or natural person could apply, but foreign firms or 
individuals needed to maintain commercial pres ence in Tajikistan to obtain an activity 
licence.  The procedures and the authoriti es responsible for the issue of the licenses 
varied according to the activity.  The fees for processing and issuing activity licenses, 
including those on imports and exports, were set out in Regulation No. 172.  Imported 
products subject to activity licensing are listed in Table 5(b). 
Please confirm that domestic fi rms producing or trading domestically in these goods must have 
an activity licence as well. 
Answer: 
Tajikistan accepts edits as suggested. 
Tajikistan confirms that domestic  firms producing or trading domestically in these goods must have 
an activity licence as well. 
A. IMPORT REGULATIONS - Tariff rate quotas, tariff exemptions  Question 16 
Paragraph 93  states that Tajikistan 's Customs Code had revoked provisions in the Law No. 744 
"On Customs Tariff " authorizing the use of tariff quotas and that TRQs had never been applied 
in the regulation of foreign trade in Tajikistan. WT/ACC/TJK/24 
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  Does the authority to establish TRQs to regulate trade currently exist in Tajikistan 's domestic 
laws?  If so, where?   
Answer: 
The authority to establish TRQs to regulate trade cu rrently is provided in Ar ticle 346, paragraph 1 of 
the Customs Code, but was never applied. 
Question 17 
Paragraph 93:   Do the "business community " representatives to the Advisory Committee for 
Participants of Foreign Economic Activities include importers? 
Answer: 
Yes, importers are included as the business communi ty representatives to the Advisory Committee for 
Participants of Foreign Economic Activities. 
Question 18 
Paragraph 94:   We suggest re-drafting the commitmen t in this paragraph as follows: 
 94.  The representative of Tajikistan confirmed that from the date of accession, any 
changes in the application of tariff quotas a nd tariff exemptions in Tajikistan would be 
undertaken in a transparent and consultative manner.  He also confirmed and that any 
import tariff rate quotas, currently applied or if introduced in the future, would be 
applied and administered in a manner consistent with the GATT 1994 and other 
conformity with WTO Agreements rules and regulations, including the Agreement on 
Import Licensing Procedures and the Agre ement on Agriculture MFN and national 
treatment.  The Working Party took note of these commitments. 
Answer: 
Tajikistan accepts re-drafted language as suggested. 
- Application of internal taxes to imports 
 - Excise Tax Question 19 
It has been reported that a new Tax code is currently under elaboration.  It would be useful if 
today Tajikistan could elaborate on the main amendments sought by this new code, and the expected timing for its adoption. 
As it was the case for the new Competition Law, we would also kindly ask Tajikistan to provide 
the Members of this Working Party with a copy (in English) of this new Code as soon as available.  
Answer:  
The new Tax Code is being develope d in order to reduce and consolid ate the number of taxes, reduce 
the tax burden for tax payers and to remove admini strative hurdles for tax payers related to fulfilment  WT/ACC/TJK/24 
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  of their tax related obligations.  The key chan ges envisaged in the new Tax Code will include 
inter alia  the following: 
- Retail sales tax (3 per cent) will be abolished; 
- The threshold for registration of VAT payer will be increased from 200,000 Somoni 
(US$ 41,300) to 800,000 Somoni (US$ 165,300); 
- VAT will be increased from 18 per cent to 20 per cent; 
- Real estate tax and land tax will be consolidated into one tax; 
- Tax rates payable under the simplified system will be diversified relative to the activity of the 
taxpayer; 
- VAT Relief for tax payers under the simplified system;  
- The system of implementation of agreements  regulating avoidance of double taxation; and 
- The levels and procedures of tax control will be streamlined. 
The new Tax Code is expected to be adopted by the end of 2012.  Once adopted the Code will be 
translated into English and provided to the Working party for review.  In addition, it will be available 
at the website of the Tax Committee (www.andoz.tj). 
Question 20 It has also been reported that an excise tax of 3 per cent has been introduced for mobile 
communications (mobile phones services).  
- Could Tajikistan confirm whether this is the case? 
- Will the new Code cover excise taxes in this and other communication services?  
Answer:  
Yes, the information is correct; an excise tax of 3 per cent has been introduced for mobile 
communications (mobile phones services).  The new Code will cover this service; however no other services will be covered. 
 - Value Added Tax (VAT) 
Question 21 
Paragraph 108  states that, "agricultural technology, i.e., mach inery equipment and spare parts, 
as identified by the Government, " is exempt from application of VAT. 
- Does this include domestic "agricultural technology"? 
- On imported goods, are customs duties also exempted? 
- Approximately what portion of agricult ural equipment and parts consumed in 
Tajikistan is covered by this exemption? 
Answer: 
- No, it does not. 
- Yes, the customs duties are exempted on th e machinery and equipment; however, customs 
duties are not exempted on spare parts. 
- Approximately 90 per cent of the agricultural equipment consumed in Tajikistan, excluding 
spare parts, is covered by this exemption.  WT/ACC/TJK/24 
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  Question 22 
Paragraph 108  states that "raw materials, energy resources and equipment imported by the 
Tajik Aluminium Plant for the production of prim ary aluminium, in volumes determined by the 
Government " are exempt from application of the VAT. 
- What type of energy resources are impo rted for the Tajik Aluminium Plant? 
- What portion of the production of the Tajik Aluminium Plant is exported?  
Answer: 
- Electric power and natural gas. 
- Approximately 90 per cent of the aluminium manufactured by the Aluminium Plant is 
exported. 
Question 23 Paragraph 113:   Concerning the commitment, in light of the discussion on the need for 
non-discrimination in applying exemptions from VAT, we suggest that the following 
amendment be made to the text: 
113.   [The representative of Tajikistan confirmed that, from the date of 
accession, Tajikistan would apply its domest ic taxes, including those applied on 
products listed in Table [7] and exempted  on those in paragraphs [106 and 108] 
in a non-discriminatory manner to import s regardless of country of origin and 
to domestically-produced goods in comp liance with Articles I and III of the 
GATT 1994.  The Working Party took note of this commitment.] 
Answer: 
Tajikistan accepts amendment as suggested. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
 - Import Licensing Systems Question 24 
Question 29 of WT/ACC/TJK/23 :  We would appreciate the opport unity to provide comments 
and suggestions for Tajikistan's "draft Law on  Encryption Devices".  Please provide the 
Working Party with a copy of the draft Law as soon as possible. 
Answer: 
Draft Law on Cryptography has been approved by the Government and is now pending the 
parliamentary passage.  A copy is availa ble through document WT/ACC/TJK/24/Add.1. 
Question 25 
Paragraph 114 and 121:   We will need a clear description in the Working Party Report text of 
Tajikistan 's licensing requirements for the impo rtation of electronic facilities and 
high-frequency devices; and cryptographic device s, including cryptographic equipment, spare 
parts and cryptographic software.    WT/ACC/TJK/24 
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  We also want to discuss the "list of cryptographic equipment subject to import licensing " prior 
to its finalization "in the second half of 2012 ", to deal with the concern that mass 
market/commercial information technology  equipment will be included unnecessarily. 
Answer: 
Under the recently adopted Law No. 472 "On Licensing System" of 15 June 2011 the licensing 
system has been reformed to reduce the number of  licenses applicable to different goods and/or 
activities.  As part of the reforms under this  law import licenses for electronic facilities and 
high-frequency devices have been abolished. Conseq uently, there are no requi rements whatsoever for 
importation of such goods. 
The amendments to the Government Decree No. 111 that will abolish the licence requirement or 
import and export of cryptographic devices, including cryptographic equipment, spare parts and 
cryptographic software is being reviewed by the Government and will be adopted soon.  
Consequently, after approval of the amendments  cryptographic devices, in cluding cryptographic 
equipment, spare parts and cryptographic software will not be subject to import licensing any more. Therefore, the list  of cryptographic equipment subject to import licensing, which was to be prepared 
in accordance with the provisions to be abo lished is not needed and will not be made. 
Question 26 
Paragraph 118:   We appreciate Tajikistan 's assurances at the March 2012 Working Party that 
it is working intensively on import licensing reform and will be reducing sharply the number of 
provisions and requirements in this regard.  We also appreciate the offer to provide us with a copy of the new legislation.  How close are we to that? 
Answer: 
The Government has approved the draft of the ne w Law "On Foreign Trade Activities", which is now 
pending parliamentary passage.  The new Law regul ates the import licensing in accordance with the 
WTO rules and disciplines.  The translation of the Law is available through document 
WT/ACC/TJK/24/Add.1. 
Question 27 Paragraph 120:  Please outline in the Working Pa rty Report the specific changes contemplated 
in the licensing system for ethy l alcohol and alcoholic beverages and a notional timeline for their 
implementation. 
Answer: 
Tajikistan has prepared the new Law "On Foreign Trade Activities", which will introduce automatic 
licensing in the legal system.  The draft Law has b een approved by the Government and is pending the 
parliamentary passage.  Once the new Law enters in to force, the implementing regulations will be 
adopted and/or amended to ensure that ethyl alc ohol and alcoholic beverages would be subject to 
automatic import licensing. 
The amendments to the Regulation on Peculiarities of Licensing Certain Types of Activities, which 
will abolish the need for activity licence for import and export of ethyl alcohol and are being reviewed 
by the Government and will be approved soon.  In accordance with the amended Regulation activity 
licence for import and export of ethyl alcohol and al coholic beverages will not be required any more.  WT/ACC/TJK/24 
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  The copy of the amendments will be submitted to th e Working Party for review as soon as they are 
adopted. 
Question 28 
Paragraph 123:  Law No. 49 "On Providing Sanita ry-Epidemiological Safety of the Population" 
of 8 December 2003 and Decree No. 299 of 3 July 2003 requires inspections of all imports of 
"all chemical substances, biological agents, grow th stimulators, fertilizers and other compounds 
or agents".  Is this limited to veterinary co nsiderations, or are there other standards or 
technical regulations involved? 
Answer: 
No, inspections are not limited to veterinary consid erations only.  Depending on the kind of substance 
other standards or technical regulations may be involved too. 
Question 29 
Paragraph 125  states that "licenses for tobacco products were ad ministered by the Ministry of 
Energy and Industry pursuant to Law No. 37 "On Licensing Certain Types of Activities " of 
17 May 2004, and Regulation No. 172 "On the Peculiarities of Licensing Certain Types of 
Activities " of 3 April 2007. " 
As the Law and Regulation both deal with activi ty licensing, please clarify if an importer needs 
an import licence in addition to an activity licen ce to import tobacco, and if this is provided for 
in this legislation, or other.  If both typ es of licenses are necessary, please clarify who may 
obtain an import licence. 
Answer: 
Under the applicable legislation there are no import licenses for import of tobacco.  An importer does 
not need an import licence in addition to  an activity licence to import tobacco.  
Question 30 
Paragraph 126:   Same questions on medicines and medical products.  Are the import licensing 
requirements authorized in the activity licensing law and regulation? 
Answer: 
Under the applicable legislation there are no import licenses for import of medicines and medical 
products.  The activity licence is the only licence required for import of medicines and medical 
products.  The activity licensing law and regulation do not provide for any import licensing requirements that the holder of the activity licence would have to meet. 
Question 31 
Paragraph 128  refers to "Regulation No. 172 Concerning Importation of Ethyl Alcohol and 
Alcoholic Beverages of 3 April 2007".  Paragraph 125, however, refers to "Regulation No. 172 
"On the Peculiarities of Licensing Certain Types of Activities " of 3 April 2007". 
Please clarify which of the titles applies to Regulation No. 172 of 3 April 2007.  WT/ACC/TJK/24 
 Page 13 
 
 
  Answer: 
Title "On the Peculiarities of Licensing Certain Type s of Activities" applies to Regulation No. 172 of 
3 April 2007. 
Question 32 
Paragraph 128:   Please outline in the Working Party Repo rt the coverage and operation of the 
new system.  Please provide responses to the Im port Licensing Questionnaire based on the new 
legislation. 
Answer: 
The Government has approved the draft of th e new Law "On Foreign Trade Activities" 
(available through document WT/ACC/ TJK/24/Add.1), which is now pe nding parliamentary passage.  
The new Law regulates the import licensing in accordance with the WTO Agreement on Import 
Licensing Procedures, including the introduction of automatic licensing (which did not exist in the legal system before) and publication and provision of information on its implementation.  Tajikistan 
believes that the new Law fully reflects provisions the WTO Agreement on Import Licensing Procedures and other relevant WTO Agreements. 
As soon as the new Law takes effect the Licensing Questionnaire will be appr opriately updated.   
- Customs valuation 
Question 33 
In paragraph 130, it is indicated that the representative of Tajikistan "confirmed that the 
Customs Code prohibited the use of valuation practices such as minimum import values and 
reference prices, and that the Code used term inology identical to, and consistent with, the 
Agreement.  In particular, the customs value of  goods under the fall back method could not be 
defined on the basis of reference prices (Article 360(4)). " 
Could Tajikistan confirm whether such meth ods are not currently applied in any customs 
bureau in the country?  
Answer:  
Tajikistan confirms that such methods were not , are not and will not be applied. Article 360, 
paragraph 4, Item 7 of the Customs Code clearly prohibits such a practice. Please note that the singe policy is applied in the whole of the customs terri tory of Tajikistan and consequently, in each and 
every customs bureau in the country. 
Question 34 
In reply to Questions 31 and 32, it is noted that  the draft amendments to the Customs Code that 
aimed to incorporate provisions of Article 6.2 of the Customs Valuation Agreement into 
domestic legislation, had not been yet adopted by the Parliament. 
In this regard, we would invite Tajikistan to provide an update of the approval process. WT/ACC/TJK/24 
Page 14  
 
  Answer:  
The Law "On Amendments to the Customs Code", which includes provisions of Article 6.2 of the 
Customs Valuation Agreement, has been approved the Government and is now pending parliamentary 
passage, which is expected in the first half of 2012.  
Question 35 
Paragraph 132 :  Please update the Working Party text on Tajikistan 's efforts to incorporate 
provisions of Article 6.2 of the Customs Valu ation Agreement into domestic legislation by 
indicating that "draft amendments to the Customs Code that incorporate provisions of the 
Customs Valuation Agreement Article 6.2 are pe nding Government approval and are expected 
to be enacted and implemented [when?]. " 
Answer: 
The amendments that will incorporate provisions of the Customs Valuation Agreement Article 6.2 
have been approved by the Government and are pe nding parliamentary passage, which is expected in 
the first half of 2012.  The implementation will star t immediately after the p assage of the amendments 
and their official publication. 
Question 36 Paragraph 136:   Could Tajikistan please provide a status update for the necessary amendments 
to the Customs Code in the following additional areas: 
- Amendments to include the Interpretive Notes of the Customs Valuation Agreement 
including the definition of "price actually paid or payable. "  
- Provisions to implement the Decision on the Treatment of Interest Charges in the 
Customs Value of Imported Goods (VAL/6/Rev.1) of 26 April 1984 and paragraph 2 of 
the Decision on Valuation of Carrier Me dia Bearing Software for Data Processing 
Equipment (VAL/8)  of 24 September 1984.  
Answer: 
- The integral text of the Interpretive Notes of the Customs Valuation Agreement has been 
approved by the Government by the Regulati on No. 250 of 21 May 2012, thus becoming 
integral part of Tajikistan's legal system a nd directly enforceable like any other law or 
regulation of the Republic of Tajikistan.   
- The amendments that will incorporate provisi ons to implement the Decision on the Treatment 
of Interest Charges in the Customs Value of Imported Goods of 26 April 1984 (VAL/6/Rev.1) 
and paragraph 2 of the Decision on Valuation of  Carrier Media Bearing Software for Data 
Processing Equipment (VAL/8) of 24 September 1984 have been approved by the 
Government and are pending parliamentary passa ge, which is expected in the first half 
of 2012.  The implementation will start immediat ely after the passage of the amendments and 
their official publication.  WT/ACC/TJK/24 
 Page 15 
 
 
  Question 37 
Question 33 of WT/ACC/TJK/23  indicated that under Article 360(1)(1) of the Customs Code the 
"sources of information determined by the government of the Republic of Tajikistan " for testing 
invoice valuations include "newspapers, periodicals, books, brochures, Internet, etc. " 
These sources are not permitted under the Customs Valuation Agreement.  What are 
Tajikistan 's plans for development of a WTO consistent data base for testing values? 
Answer: 
In accordance with the Note to Ar ticle 6 of the Customs Valuation Agreement, "as a general rule, 
customs value is determined under this Agreement on the basis of information readily available in the 
country of importation".  Tajikistan believes that newspapers, periodicals, books, brochures, Internet, 
etc. are just media making this information  readily available in Tajikistan for the purpose of testing 
values.  In addition, the Customs Service has in troduced the Unified Automatic Information System 
(UAIS), which became operational in January 2012.  UAIS is a comprehensive IT system intended to 
automate the operation of the Customs Service, incl uding the customs valuation.  The system contains 
inter alia  a WTO consistent data base for testing values.   Once loaded with enough information this 
data base will become the primary source of information for testing value purposes. 
Question 38 
Paragraph 132  states that, "where the conversion of currency wa s necessary (Article 9 of the 
Customs Valuation Agreement), the National Bank's exchange rate applicable on the day of 
registration of the declaration was used which, in  some cases, could actually precede the time of 
importation (Article 371 of the Customs Code,). "   
According to Article 9 of the Customs Valuatio n Agreement, the conversion rate to be used 
must be that in effect at the time of exportatio n or the time of importation.  Please add this to 
the list of changes necessary to national legi slation to bring it into conformity with 
WTO provisions. 
Answer: 
It appears that paragraph 132 does not entirely refl ect provision of Article 371 of the Customs Code 
due to its imprecise translation.  Article 371 of th e Customs Code in its original language, does not 
refer to the day of registration of the declaration but rather to the day of acceptance of the declaration.  
For the customs purposes the day of acceptance of the declaration is the day of importation or exportation as the case may be.  Therefore, Tajikista n believes that there is no discrepancy between 
provisions of the Article 371 of the Customs Code and Article 9 of the Customs Valuation 
Agreement.   
- Rules of origin 
Question 39 
Paragraph 139 :  We thank Tajikistan for its confirmation at the March 2012 Working Party 
meeting that a certificate of origin (separate fr om the declaration of origin in the customs 
invoice) is only necessary in order to obtain prefe rential rates of duty.  Please reflect this clearly 
in the Working Party Report text. WT/ACC/TJK/24 
Page 16  
 
  Answer: 
In accordance with Article 36(1) of the Customs Code  a document confirming the country of origin of 
goods must be submitted at the time importation of goods only in cases where Tajikistan grants 
preferential rates of duty to the country of origin of  such goods.  Tajikistan agre es to reflect this in the 
Working Party Report text. 
Question 40 We note that the response provided to Question 34 of WT/ACC/TJK/23 does not fully clarify 
whether the certificate of origin is requested from all the importers or only from those who would benefit from some tariff preferences.  Could Tajikistan clarify this? 
Answer:  
Certificate of origin is requested only from importers  who would benefit from some tariff preferences.  
In accordance with Article 36 of the Customs Code the certificate of origin should be submitted only 
in the case where tariff preferences are grante d to goods originating from a certain country in 
accordance with the applicable legislation of Ta jikistan or international legal acts binding on 
Tajikistan.  Failure to submit the certificate of or igin in such a case would prevent the importer to 
benefit from tariff preference.    
In all other cases of importation certific ate of origin is not required.  
- Anti-dumping, countervailing duties, safeguard regimes 
Question 41 Paragraph 149:  We support the strikeout of the following language:  
A Member noted that Tajikistan was treated as a non-market economy in its domestic 
legislation for anti-dumping purposes.  Should Tajikistan be considered a non-market 
economy at the time of its accession, WTO Me mbers should be able to apply alternative 
calculation methodologies (e.g. prices in a surrogate market economy) in trade remedy 
proceedings. 
And the inclusion of the following language: 
[The representative of Tajikistan confirmed that, upon accession, the following would 
apply − Article VI of the GATT 1994, the Agreement  on Implementation of Article VI of 
the General Agreement on Tariffs and Trade 1994 ( "Anti-Dumping Agreement ") and 
the SCM Agreement shall apply in proceedings involving exports from Tajikistan into a 
WTO Member consistent with the following: 
(a) In determining price comparability under Article VI of the GATT 1994 and the 
Anti-Dumping Agreement, the importing WTO Member shall use either Tajikistan 's prices or costs for the industry under investigation or a methodology 
that is not based on a strict comparison with domestic prices or costs in 
Tajikistan based on the following rules:  WT/ACC/TJK/24 
 Page 17 
 
 
  (i) If the producers under investigation can clearly show that market 
economy conditions prevail in the industry producing the like product with regard to the manufacture, production and sale of that product, the 
importing WTO Member shall use Tajikistan 's prices or costs for the 
industry under investigation in determining price comparability; 
(ii) The importing WTO Member may use a methodology that is not based 
on a strict comparison with domestic prices or costs in Tajikistan if the producers under investigation cannot clearly show that market economy 
conditions prevail in the industry producing the like product with regard to manufacture, production and sale of that product. 
Once Tajikistan has established, under the national law of the importing WTO Member, 
that it is a market economy, the provisions of sub-paragraph (a) shall be terminated 
provided that the importing Member's national law contains market economy criteria as of the date of accession.  In any event, the provisions of sub-paragraph (a)(ii) shall expire 15 years after the date of accession.  In addition, should Tajikistan establish, 
pursuant to the national law of the impo rting WTO Member, that market economy 
conditions prevail in a particular industry or sector, the non-market economy provisions 
of sub-paragraph (a) shall no longer apply to that industry or sector.] 
Answer: 
Tajikistan accepts the strikeout and inclusion as suggested.  
Question 42 
Paragraph 153:   Please explain the relevance of "Article XII and the Explanatory Notes of the 
Marrakesh Agreement Establis hing the WTO, the GATT 1994 " to the conformity of 
Tajikistan's relevant legislation and futu re implementation of trade remedies to 
WTO provisions? 
Please explain why Tajikistan wants to make it clear that "each and every WTO Member stood 
separately and equally in any of these proceedings?  
Please add the following language to the end of the draft commitment in this paragraph: 
 " He also confirmed that Tajikistan would notify and provide copies of its legislation in 
these areas, including any implementing reg ulations, to the relevant WTO Committees 
upon accession.  The Working Party took note of these commitments. " 
Answer: 
It is apparently the editing error.  Tajikistan sugg ests the following wording of paragraph 153, which 
also includes the suggested commitment: 
 "153.  The representative of Tajikistan confir med that Tajikistan would not apply any anti-
dumping, countervailing or safeguard measures until it had notified and implemented laws in 
conformity with the WTO Agreements on the Implementation of Article VI of the 
GATT 1994, on Subsidies and Countervailing Measur es, and on Safeguards.  He confirmed 
that any new legislation would be in full conf ormity with the relevant WTO provisions upon 
accession.  He also confirmed that Tajikis tan would notify and provide copies of its 
legislation in these areas, including any implementing regulations, to the relevant WTO Committees upon accession.  The Working Pa rty took note of these commitments."  WT/ACC/TJK/24 
Page 18  
 
  B. EXPORT REGULATIONS 
Question 43 In paragraph 155, it is stated that an export ban on wool and skin (raw hide), which was 
introduced on a temporary basis since 2011, will be removed upon accession. 
- Could Tajikistan elaborate on the reason for having introduced such a restrictive 
measure, notably at such advance stage of its accession process?  
- When will Tajikistan start preparing the required legislation to repeal this ban? - Has Tajikistan included it in its legislative action plan?  
Answer: 
Tajikistan has introduced such a me asure because the absence of the ra w materials, which have been 
exported in an unprecedented scale, has brought its processing industry (most notably garment and 
footwear manufacturers) to almost complete halt.  However, this measure was from the very beginning intended and introduced as a temporary one .  In accordance with the Decree No. 167 of the 
Government of the Republic of Tajikistan of 3 Ap ril 2012 the export ban will automatically cease to 
be effective on the day of Tajikistan's accession to the WTO.    
Question 44 As regards non-automatic licenses for metal scr ap, it seems that Tajikistan has accepted to 
remove them.  Could Tajikistan confirm whet her these licenses are no longer used for metal 
scrap as of today, and there are no plan s to use them in the near future? 
Answer: 
Tajikistan has prepared the new Law "On Foreign Trade Activities", which includes provisions that 
will introduce automatic and non-au tomatic licensing (the concept th at currently does not exist in 
Tajikistan legal system).  The draft is being revi ewed by the Government at the moment and after 
approval will be submitted to the Pa rliament for passage.  Subsequent  to entering into force of the 
new Law the metal scrap will be subject to automatic licensing.  
Question 45 
As regards export duties, we are glad to note that Tajikistan does not apply export duties and 
has no intention to do so.  In paragraph 152, it  is reported that Tajikistan confirmed not to 
apply export duties on cotton and has no plans to do  so.  In paragraph 154, it is clarified that a 
sales tax is levied on both cotton and primary aluminium, which is applied "irrespective of the 
origin of the products ".  
Given the fact that these two products have a hi gh export potential, could Tajikistan indicate 
the reasons for levying such "sales tax ", and whether other products are subject to this special 
tax too? 
Answer: 
Sales tax on cotton and primary aluminium is an im portant source of the budget revenue.  No other 
products are subject to this special tax.  WT/ACC/TJK/24 
 Page 19 
 
 
  C. INTERNAL POLICIES AFFECTIN G FOREIGN TRADE IN GOODS  
- Industrial policy, including subsidies Question 46 
Paragraph 173 :  We support the strikeout of the following language:  
The Member also noted that, although the relevant provisions of the ASCM would 
normally apply in  proceedings under Pa rts II, III and V of the Agreement, the 
importing Member might have to resort to  alternative methodologies in cases where 
special difficulties would arise as the prevailing terms and conditions in Tajikistan 
would not be available as appropriate benchmarks. 
And the inclusion of the following language: 
[The representative of Tajikistan confir med that, upon accession, the following shall 
apply: (a) for purposes of applying Articles  1.2 and 2 of the Agreement on Subsidies and 
Countervailing Measures, subsidies provided to State-owned enterprises (including 
State-trading enterprises) will be viewed as specific if, inter alia , State-owned enterprises 
are the predominant recipients of such subsidies or State-owned enterprises receive 
disproportionately large amounts of such s ubsidies; (b) In proceedings under Parts II, 
III and V of the Agreement on Subsidies a nd Countervailing Measures, when addressing 
subsidies, the relevant provisions of the SCM Agreement shall apply; however, if there are special difficulties in that applicatio n, the importing WTO Member may then use 
alternative methodologies for identifying and measuring the subsidy benefit which take into account the possibility that prevailing terms and conditions in Tajikistan may not 
be available as appropriate benchmarks.  Where such an alternative methodology is 
used in proceedings under Part V of the Agreement on Subsidies and Countervailing Measures, the importing WTO Member shall no tify the methodology to the Committee 
on Subsidies and Countervailing Measures.  The Working Party took note of this commitment.] 
Answer: 
Tajikistan accepts the strikeout and inclusion as suggested.  
Question 47 
Paragraph 177:   Tajikistan has stated that it would submit a draft subsidies notification "in due 
course. "  In response to Question 41 of WT/ACC/TJK/23, Tajikistan states that a subsidies 
notification will be provided prior to the next  Working Party.  Can that be confirmed? 
Answer: 
Yes it can, the draft subsidies notification will be pr ovided prior to the next Working Party meeting. 
Question 48 
Paragraph 178:  While the commitment in this paragraph to provide a formal subsidy 
notification at the time of accession is apprec iated, we will need a draft submission prior to 
finalizing this section of the Report. WT/ACC/TJK/24 
Page 20  
 
  Answer: 
Tajikistan will submit the draft subsidy notificati on prior to the next Working Party meeting. 
- Technical barriers to trade, standards and certification  
Question 49 
In paragraph 178, it is noted that "New technical regulations would replace all existing 
(mandatory) standards within seven years of  the entry into force of the new Law and 
certification of goods would thereafter be in  accordance with WTO rules and disciplines. " 
The list of goods subject to compulsory certificat ion is still quite extensive, resulting into 
thousands of goods requiring certification.  Could Tajikistan confirm when the new Law 
"On Certification of Goods" would enter into fo rce?  How does Tajikistan justify its need to 
request a transitional period of seven years?  
Answer: 
The seven years period referred in paragraph 178 is provided for in Article 24(3) of the Law 
"On Technical Regulations" in order to allow enough ti me to develop technical regulations that would 
replace current mandatory standards and other mand atory documents.  After the expiration of the 
seven years period all current mandatory documents will cease to be effective, with no exception.  
Considering the fact that Tajikistan is a developing country with scarce resources and expertise, such 
a period is deemed necessary for development of the appropriate number of technical regulations. 
Please note however, that the Law has entered into force on 1 January 2010 and that two and a half 
years have already passed since.  
The new Law "On Conformity Assessment" was adopt ed on 2 August 2011 and will come into force 
on 1 January 2013.  
In the meantime Tajikistan has significantly reduced  the number of goods subject to mandatory 
certification.  Please find the translation of the new List of Goods Subject to Mandatory Certification attached as Annex 1.  
Question 50 
Paragraph 180 states that, "in practice, many of them [n ational standards] had been 
transformed into technical regulations, wh ich were compulsory, which had resulted 
in thousands of goods requiring certification .  New technical regulations would replace all 
existing (mandatory) standards within seven ye ars of the entry into force of the new Law and 
certification of goods would thereafter be in accordance with WTO rules and disciplines. 
We seek a commitment from Tajikistan that from the date of implementation of the Law 
"On Technical Regulating", no mandatory technical requirement inconsistent with 
WTO provisions, even if included in technical reg ulations, would be applied or enforced unless 
they met WTO norms for a technical regulation.    WT/ACC/TJK/24 
 Page 21 
 
 
  Answer: 
Tajikistan accepts the commitment as suggested .  Tajikistan suggests the following commitment 
language: 
 "180 bis.  The representative of Tajikistan confirmed that from the date of implementation of 
the Law on Technical Regulating, no mandatory technical requirements inconsistent with 
WTO provisions, even if included in technical regulations, would be applied or enforced 
unless they met  WTO norms for a technical regulation.  The Working Party took note of this 
commitment." 
- Sanitary and phytosanitary measures 
Question 51 
Question 49 of WT/ACC/TJK/23:  We would a ppreciate further information on this zero 
tolerance for weed seed.  We believe that Tajikistan 's zero tolerance on weed seeds in grain for 
consumption is overly restricted.  Article 5, Sect ion 4 of the WTO Agreement on the Application 
of Sanitary and Phytosanitary Measures (SPS Agreement) states:  "Members should, when 
determining the appropriate level of sanitary or phytosanitary protection, take into account the 
objective of minimizing negative trade effects. "  
Moreover, the International Plant Protection Convention (IPPC) states in Article VII, 
Section 7(g):  "Contracting parties shall institute only phytosanitary measures that are 
technically justified, consistent with the pest  risk involved and represent the least restrictive 
measures available, and result in the minimum im pediment to the international movement of 
people, commodities and conveyances. "  Since most grain will normally be further processed to 
the point where the commodities do not remain capa ble of being infested with quarantine pests, 
this measure appears to be more trade restrictive than necessary.  
- How does Tajikistan differentiate between viable and non-viable weed seeds?  
- Does Tajikistan recognize any mitigation methods for weed seed?   - Are there other prohibitions that impact trade in plant products, such as grain?  
Answer: 
Tajikistan respectfully disagrees  that the zero tolerance on weed seeds in grain for consumption is 
overly restricted.  Zero tolerance is applicable onl y to a limited number of weed species (12 in total) 
that are either not present in the territory of Tajik istan (Items 1-9 in the list below) or have limited 
occurrence (Items 10-12 in the list below).  Tajik istan believes that even one seed is enough to 
introduce such a weed, which Tajikistan wants to prevent.  On the other hand, Tajikistan takes 
measures to eradicate the weeds with limited o ccurrence and therefore takes measures to prevent 
introduction of any seeds of such plants into its terr itory that would impede its efforts to eradicate 
such weeds.  The weeds subject to  such measures are the following: 
1. Ambrosia artemisiifolia L  7. Solanum carolinense L.  
2. Ambrosia trifida L 8. Striga (sp. sp.)  
3. Ambrosia psilostachya DC. 9. Cenchrus Pauciflorus Benth.  
4. Helianthus ciliaris DC. 10 Acropthon repens (L.) DC  
5. Helianthus califomicus D.C 11. Cuscuta campestris Juncker.  
6. Solanum triflorum L. 12. Cuscuta monogyna Vahl.  
 WT/ACC/TJK/24 
Page 22  
 
  - There is no method applied in Tajikistan to di fferentiate between viab le and non-viable weed 
seeds; 
- There are no mitigation methods that are applied in Tajikistan; and - There are no other prohibitions that impact  trade in plant products, such as grain. 
Question 52 
Question 58 of WT/ACC/TJK/23:  Thank you for the detailed response on the state registration 
policies.  For how long is the state registration valid? 
Answer: 
The registration is valid for no less than five years. 
Question 53 
Paragraph 197 states that under the provisions of the Law "On Providing Sanitary 
Epidemiological Safety of the Population ", foodstuffs were subject to epidemiological 
examination in accordance with a list established by  the Ministry of Health (once adopted, this 
list would be available from www.health.tj).  Can Tajikistan provide a copy of the list established by the Ministry of Health?  
Answer:  
The work on the list is not finalized yet, becau se it also depends on the amendments to the Law 
"On Safety and Quality of Foodstuffs" prepar ation of which is under way.  As soon as the 
amendments to the Law "On Safety and Quality of Foodstuffs" are approved the list will be finalized 
and submitted to the Working Party for review.  
Question 54 
Paragraph 198:  We welcome the information that  Tajikistan is in the process of developing 
maximum residue levels for pathogens, mycotoxins, and contaminants with respect to foods.   
We seek confirmation that Tajikistan will ba se these standards on the relevant international 
standards, recommendations and guidelines or provide a risk assessment and scientific justification justifying the standards where mo re stringent than the international standard. 
Answer: 
Tajikistan hereby confirms that Tajikistan will base its standards applicable to maximum residue 
levels for pathogens, mycotoxins, a nd contaminants with respect to f oods on the relevant international 
standards, recommendations and guidelines or provi de a risk assessment and scientific justification 
justifying the standards that are more st ringent than the international standard.  WT/ACC/TJK/24 
 Page 23 
 
 
  Question 55 
Paragraph 200:  The representative of Tajikistan states that there is no documented 
methodology for conducting a PRA.  We seek conf irmation that Tajikistan will apply the IPPC 
methodology for conducting PRAs and that PRAs will be available to Members. 
Furthermore, Tajikistan states that import permits for animals and animal products were 
issued by the Veterinary Service under the Ministry  of Agriculture (Table 14).  Please note that 
Table 14 only lists the goods subject to veterina ry certificate. Please list the correct table.  
In addition, according to Table 14, Tajikistan requires a veterinary certificate for Chapters 1, 2, 
5, and 14.  However, according to Table 8, Tajikistan requires a veterinary certificate for 
Chapters 1, 2, 3, 4, 5 and 15.  Please clarify what products require a veterinary certificate.  
Answer: 
- Tajikistan confirms that it will apply the IPPC methodology for c onducting PRAs and that 
PRAs will be available to Members. 
- This is an error in drafting of Paragraph 200 of the draft Working Party Report.  The words 
"import permits" should be deleted and replaced by the words "veterinary certificate".  
The corrected text of paragraph 200 should be the following: 
 "200.  In accordance with Article 6 of th e Veterinary Law, when assessing hazards to 
life and health of animals and human s, and when developing and adopting 
SPS measures, the competent authority had to take into account inter alia  the disease 
status of specific areas (prevalence of sp ecific diseases, existen ce of low occurrence 
or disease-free areas), rather than the status of the country.  Live animals and animal 
products were subject to mandatory veteri nary inspection at the border crossing 
points pursuant to the Veterinary Law.  Import permits Veterinary certificates  for 
animals and animal products were issued  by the Veterinary Service under the 
Ministry of Agriculture (Table 14).  Information on the veterinary-sanitary requirements and the veterinary certificat e for the importation of meat and poultry 
products was provided in Annexes 1, 2 and 3 of document WT/ACC/TJK/17.    
The main criterion to approve/deny import permits veterinary certificates  was the 
epizootic status or the prevalence of diseas es (listed in Table 16(b)) in the exporting 
country.  The Veterinary Service verified th e status of the exporting country primarily 
on the basis of OIE periodicals.  Refusals to issue a permit could be appealed to the 
superior body of the State Veterinary Service or to the courts.  The bodies responsible 
for border control were guided by the In ternational Convention on Coordination of 
Border Cargo Control Terms of 21 October 198 2.  In reply to a specific question, he 
said that the State Veterinary Service did not have a documented methodology for conducting a pest risk analysis (PRA) that would be available to the public.  Completed PRAs were not published an d were not publically available". 
Tajikistan believes that this correction resolves the issue and that the reference to Table 14 is now 
correct. 
- Table 8 lists the goods subject to non-tariff meas ures which, apart from veterinary certificates, 
include also state registration, import quara ntine permission (IQP) or phytosanitary 
certificate, depending on the goods in question.  WT/ACC/TJK/24 
Page 24  
 
  Unfortunately there has been an erro r in translation in Table 8, namely "the vegetable products" in the 
last line should have been translated as "Plants a nd products of plant origin". Please see the corrected 
Table 8 below: 
Table 8:  Non-tariff Measures Applied on Importation of Goods to Tajikistan 
CC 
FEA Commodity Description Type of Measure Responsible Authorities 
01, 02, 
03, 04, 05, 15 Live animals, animal products, foodstuff Veterinary 
certificate Department of State 
Veterinary Control, Ministry of Agriculture 
13, 16 Foodstuff, food additives, raw produce, as 
well as their contacting materials, products 
and production technology  Certificate  Ministry of Health  
 Foodstuff, materials and products imported 
to Tajikistan for the first time State registration Ministry of Health and 
Ministry of Agriculture 
06, 07, 
08, 09, 
10, 11, 12, 14, 
15 Plants and products of plant origin Import Quarantine 
Permission 
(IQP), Phytosanitary 
certificate State Inspection on Plant 
Quarantine of the Ministry of 
Agriculture 
 
Group 15 refers to fat and oil of animal and plant origin and therefore is mentioned in reference to 
both veterinary certificate and import quaran tine permission/phytosanitary certificate. 
Question 56 
Paragraph 210 states that Tajikistan temporary prohibits poultry imports from countries where 
there has been avian influenza.   
- Does Tajikistan differentiate between high path and low path avian influenza?  
This action does not appear to be cons istent with the OIE recommendations.   
- Does Tajikistan currently prohibit poultry trade from any countries?  
Answer: 
No, Tajikistan does not differentiate between hi gh path and low path avian influenza.   
Prohibition of import of poultry from countries wher e there has been avia n influenza has been 
abolished.  In case of outbreak of avian influenza and import of poultry from such a country, 
Tajikistan will follow OIE recommendations.   
Tajikistan does not prohibit poultry importation from any countries. 
Question 57 
Paragraph 212 states that the import ban on bio stimulators, antibiotics and hormones remains 
in force.  From our perspective, a ban on hormon es and/or antibiotics does not appear to be in 
line with the relevant international standards and we seek the scientific justification for 
maintaining these restrictions.    WT/ACC/TJK/24 
 Page 25 
 
 
  In the absence of a risk assessment and scientific ju stification, we ask that Tajikistan align its 
measures with the relevant international standards.  We welcome Tajikistan 's interest in 
reconsidering the regulation, and would note that such regulations should be amended prior to 
Tajikistan 's accession. 
Answer: 
The legislation has been amended to abolish prohib ition of importation of bio stimulators, antibiotics 
and hormones.  Tajikistan confirms that all appli cable veterinary measures are and will be aligned 
with the relevant international standards.  
- Trade-related investment measures 
Question 58 
Paragraph 215:  In light of the statemen t in this paragraph, we seek Tajikistan 's commitment to 
the following: 
 215 bis.  The representative of Tajikistan confirmed that from the date of accession, 
Tajikistan would apply its investment reg ime in compliance with the WTO Agreement, 
including the Agreement on Trade-Related Investment Measures (TRIMs), and would 
apply the TRIMs Agreement from the date of accession without recourse to any 
transition period in a non-discriminatory manner – to imports from all WTO Members 
and to domestically produced goods.  The Wo rking Party took note of this commitment. 
Answer: 
Tajikistan accepts the commitment as suggested. 
- Free zones, special economic areas 
Question 59 Paragraph 216 states that, "Free zones or free economic zones had been established in 
"Dangara ", "Ishkoshim ", "Pyang " and "Sughd. "  What is the main purpose or objective of each 
of these zones? 
Answer: 
The main purpose of all four zones is the sa me, notably the following: provide conditions for 
attraction of investments, new technologies, manage ment skills; building the modern infrastructure; 
reducing the unemployment and providing new jobs; improving the supply of the market with goods. 
Please note that only one of the free zones ("Sughd") is  actually operational while other three are still 
at the early stages of organization. 
Question 60 
Paragraph 219:  The Report states that goods imported or exported from Tajikistan 's free 
economic zones were not subject to customs duti es and internal taxes.  However, the goods 
would be subject to normal tariffs, taxes and other customs requirements "if sold elsewhere in 
Tajikistan. " WT/ACC/TJK/24 
Page 26  
 
  Is this equally true for inputs imported from  abroad used in processing goods that are 
ultimately sold elsewhere in Tajikistan?  If no t, please indicate when law and regulation will be 
amended to ensure this. 
Answer: 
Yes, it is.  
‐  Government Procurement  
Question 61 
Paragraph 226:  We appreciate Tajikistan's o ffer to negotiation accession to the Government 
Procurement Agreement after its WTO accession.  We suggest the following additional edits 
and text: 
226.    The representative of Tajikistan co nfirmed Tajikistan's willingness to accede to 
the WTO Agreement on Government Procurement.  Tajikistan was willing to would 
become an observer to the Government Procurement Agreement upon accession, and 
submit an application for membership with a coverage offer within one year after 
accession to the WTO.  The Working Party took note of these commitments. 
Answer: 
Tajikistan accepts the edits as suggested. 
- Transit 
Question 62 
We seek the insertion of the followi ng commitment after paragraph 229: 
 229 bis:  The representative of Tajikistan confir med that Tajikistan would apply all its 
laws, regulations and other measures governing transit of goods (including energy) in conformity with the provisions of Arti cle V of the GATT 1994 and other relevant 
provisions of the WTO Agreement.  The Working Party took note of this commitment. 
Answer: 
Tajikistan accepts the commitment as suggested. 
- Trade in civil aircraft 
Question 63 
Paragraph 238:  We appreciate Tajikistan 's offer to join the Agreement on Trade in Civil 
Aircraft.  We suggest the following additional edits and text: 
238.   In response to a specific query, th e representative of Tajikistan confirmed 
indicated that Tajikistan would become a signatory intended to accede to the WTO 
Agreement on Trade in Civil Aircraft upon a ccession.  The Working Party took note of 
this commitment.  WT/ACC/TJK/24 
 Page 27 
 
 
  Answer: 
Tajikistan accepts the edits as suggested. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights Question 64 Question 78 of WT/ACC/TJK/23:  The response to this question states that Tajikistan believes 
that wording in the definitions of a reproduction in Article 3, parts 4, 6 and 7 of the Law of the 
Republic of Tajikistan "On the Copyright Law and Related Rights ", as amended in 2006 
and 2009 (hereinafter "the Copyright Law "), also include "immaterial manners and forms 
(permanent or temporary storage in machine-read able form, as well as input in internal or 
external computers, permanent or temporar y storage in the computer memory or other 
computer devices) and thus comply with Article 9 of the Berne Convention and Article 14 of the 
TRIPS Agreement. " 
Please confirm that the definitions also include "non-material and non-temporary copies, " such 
as permanent digital reproductions in the MP3 format. 
Answer: 
Tajikistan confirms that the definition also includ es "non-material and non-temporary copies", such as 
permanent digital reproductions in the MP3 format. 
Question 65 
Question 84:  Please clarify if Definition 20, covering Public Presentation of Audiovisual Work " 
covers both "in sequence " and "out of sequence " demonstrations. 
Answer: 
Definition 20 covers "out of sequence" demonstrations only. 
Question 66 Question 93:  The response to this question clarif ies that the exception in Article 19 of the 
Copyright Law was "exclusively " for personal use.  There still does not, however, appear to be a 
limit in the text of the Law on the number of personal copies that could be made.   
Please explain how this language complies with Article 13 of the TRIPS Agreement in light of 
the fact that the Article, as worded, appears to allow individuals to make unlimited copies. WT/ACC/TJK/24 
Page 28  
 
  Answer: 
As it was pointed out in response to Question 93,  the words "...exclusively for the purposes of 
personal use …" in the original language of the le gislation includes the assumption that the number of 
copies is limited to one.  According to the langue/le gal traditions of Tajikistan, anything more than 
one in such a case would exceed the limits of person al use.  Therefore, Tajikistan confirms that the 
exception referred to in Article 19 is limited to one  copy only.  Furthermore Tajikistan is ready to 
include such clarification in the Working Pa rty report as an appropriate commitment.   
Question 67 
Question 94:  We understand that this excep tion would not extend to works originally  created in 
Braille, or another system used by the visually impaired.  However, can Tajikistan address the 
case where the work was origina lly released in regular print, but the publisher subsequently 
made the work available in Braille (or what ever format is desired under the exception). 
Would this exception enable unlicensed reproductions of the work in Braille even if the 
publisher has made the work available in Braille?  
Answer: 
In the response to Question 94 it was pointed out that the provision does not extend the exception to 
the works originally created in Braille, which are pr otected like any other author's works.  Tajikistan 
hereby confirms that the phrase "originally created'' covers also works made available in Braille by 
the original publisher.  Therefor e, this exception would not enable  unlicensed reproductions of the 
work in Braille even if the publisher h as made the work available in Braille. 
Question 68 
Question 97:  The response to this Question still leaves us a little unclear on the rights of 
broadcasting organizations.  Item 1 of paragraph 2 of Article 36 specifies the right of 
"simultaneous broadcasting. "  Does this mean simultaneous broadcasting and non-simultaneous 
rebroadcasting?   
Likewise, Item 2 of paragraph 2 provides the right of "communication to the public via cable. "  
Does this mean to include all communication to the public, i.e., via cable and via wireless broadcasting?  If so, we suggest that both of these items be clarified in the law, since these terms 
are fundamentally different. 
Answer: 
The wording of the Item 1 of paragraph 2 of Article 36  refers to simultaneous broadcasting only.  
The wording of the Item 2 of paragraph 2 of Article 36  refers to communication to the public cable 
broadcast only.  WT/ACC/TJK/24 
 Page 29 
 
 
  Question 69 
Question 99:  We are still concerned as to why Article 39 of the Copyright Law splits the 
remuneration collected among the authors, perf ormers and phonogram producers, but does not 
explicitly provide that a portio n of the revenue also be provide d to the audiovisual producers.  
Does Tajikistan have specific information on the amount of the levies and proportion of the 
distribution?  Is Tajikistan prepared to clarify these issue in the text of the law or regulations? 
We also recommended that the exception in th e first paragraph be limited to permit only 
copying for the makers' personal use.  We do no t see the Government of Tajikistan's response to 
that point, and we thus seek a response now.   
Answer: 
Tajikistan admits that Article 39 is somewhat imprecise and therefore is ready to accept a 
commitment to be included in the Working Party Report that would clearly state that audiovisual 
producers/manufacturers would be granted rights comparable to those of phonogram producers/manufacturers. 
There are no manufacturers of the equipment and media referred to in Article 39 in Tajikistan.  
Also, there is no organization for collective management  of the relevant right, i.e. right holders have 
never established such an organization in Tajikistan.   Therefore, no amount of remuneration was ever 
collected and distributed and consequently, there is no specific information on the amount of the levies collected in accordance with Article 39 and proportion of the distribution. 
As it was discussed in the response to Question 66 above "...exclusively for the purposes of personal 
use …" in the original language of the legislati on includes the assumption that the number of copies is 
limited to one.  According to the langue/legal traditio ns of Tajikistan, anything more than one in such 
a case would exceed the limits of personal use.  Therefore, Tajikistan confirms that the exception 
referred to in Article 39 is limited to one copy only .  Furthermore Tajikistan is ready to include such a 
clarification in the Working Party re port as an appropriate commitment.   
- Trademarks, including service marks  
Question 70 
With regards to the Tajik Law "On Trademarks and Service Marks", we would like to point to 
Article 11 which sets out the conditions for an application or trademark registration.  
In particular, it reads as follows:  "An application for registration of a trademark (hereinafter 
"application ") shall be filed with the Patent Office by  a legal entity or a natural person engaged 
in entrepreneurial activity (hereinafter "applicant ")." 
We fail to recognise the definition of an  applicant, specifically in relation to "person engaged in 
entrepreneurial activity ". Could Tajikistan clarify if this la nguage is being amended to be more 
in line with international practice? 
Answer: 
Tajikistan has amended the Law "On  Trademarks and Service Marks", which abolished any reference 
to "person engaged in entrepreneurial activity".  The amendments have been approved by the 
Parliament and have ente red into legal force. WT/ACC/TJK/24 
Page 30  
 
  - Geographical indications, including appellations of origin 
Question 71 Regarding the Tajik Law "On Geographical I ndications" and Law "On Trademarks and 
Service Marks", does Tajikistan intend to adap t its laws to provide for a prior-in-time 
registered trademark to co-exist with a later-in-time geographical indication? 
Answer: 
Articles 33 (Contestation and Recognition of the Gran t of Legal Protection to a Trademark as Invalid)  
and 34 (Termination of Legal protection of a Trademark ) of the Law "On Trademarks and Service 
Marks" (or any other provision, for that matter) do not provide grounds for cancelation of a trademark 
in case of the subsequent registration of identical  or confusingly similar geographical indication. 
Therefore, Tajikistan believes that the existing legislation provides for the possibility for an 
unimpeded co-existence of a prior-in-time registered trademark with a later-in-time registered geographical indication.  
- Requirements on undisclosed information, including trade secrets and test data  
Question 72 
During the last Working Party meeting, and as recorded in paragraph 283, Tajikistan promised 
to amend the relevant legislation in order to meet the requirements of Article 39 of the TRIPS Agreement.  
Has Tajikistan amended its law to ensure that it is in line with Article 39 of the 
TRIPS Agreement regarding data protection, in particular for marketing approval for 
pharmaceuticals, i.e. in line with the view that  allowing the reliance on the first applicant's 
research data for approving a second application (w ithout the agreement of the first applicant) 
amounts to conferring an unfair commerc ial advantage to the second applicant? 
Article 39.3 reads as follows:  
 "Members, when requiring, as a condition of approving the marketing of 
pharmaceutical or of agricultural chemical products which utilize new chemical entities, 
the submission of undisclosed test or oth er data, the origination of which involves a 
considerable effort, shall protect such data ag ainst unfair commercial use.  In addition, 
Members shall protect such data against di sclosure, except where necessary to protect 
the public or unless steps are taken to ensure  that the data are protected against unfair 
commercial use. " 
Answer: 
The amendment to the Law "On Production and Safe Handling of Agrochemicals" that includes 
provisions of Article 39 of the TRIPS Agreement has been approved.  The appropriate amendments to 
the Law "On Pharmaceuticals and Pharmaceutical Activities" have been prepared and are pending 
parliamentary approval.    
In addition, the Law "On Commercial Secrets" provi des the framework for protection of undisclosed 
information.  Most notably, definitions in Article  3 and provision of Article 10 of the Law reflect 
provisions of Article 39 of the TRIPS Agreement.   The translation of the Law "On Commercial 
Secrets" is available through document WT/ACC/TJK/24/Add.1.  WT/ACC/TJK/24 
 Page 31 
 
 
  VI. POLICIES AFFECTING TRADE IN SERVICES 
Question 73 Question 117 of WT/ACC/TJK/23:  In response to a request for more information on 
Tajikistan 's banking sector, Tajikistan states that it "wishes to discuss this issue during bilateral 
negotiation on market access on services. " 
The Working Party needs a better sense of Tajikistan 's existing banking regime prior to 
bilateral negotiations.  Please provide more detailed information regarding current market 
access regime for Tajikistan 's banking sector. 
Answer: 
In accordance with the applicable legislation fo reign banks are free to open branches without any 
prior special conditions.  There is no prohibiti on for opening a branch office, no quantitative 
requirements, no limit on participation of the fo reign capital, no special requirements regarding 
regulation and control of the operation of the branch office.  The applicable regime is identical for 
both domestic and foreign persons. 
Question 74 
We seek commitments in this section addressing i ssues related to licensing activities of foreign 
service providers: 
314(a).  Responding to specific requests of a Member, the representative of Tajikistan 
confirmed that for the services included in Tajikistan's Schedule of Specific Commitments Tajikistan would ensure that its licensing procedures and conditions 
would not act as independent barriers to market access.  He further confirmed that 
(i) Tajikistan's licensing procedures a nd conditions would be published prior to 
becoming effective; (ii) Tajikistan would specify, in its licensing procedures and 
conditions, reasonable time frames for review and decision by all relevant authorities, 
and would ensure that such review and deci sions did not exceed those time frames; 
(iii) applicants would be able to request licensing without individual invitation; (iv) any 
fees charged, which were not deemed to include fees determined through auction or a 
tendering process, would be commensurate with  the administrative cost of processing an 
application; (v) the competent authorities of  Tajikistan would, after the receipt of an 
application, inform the applicant whether the application was considered complete 
under Tajikistan's domestic laws and regul ations and in the case of incomplete 
applications, would identify the additional information required to complete the 
application and provide an opportunity to rectif y deficiencies; (vi) if an application was 
terminated or denied, the applicant would be  informed in writing and without delay of 
the reasons for such action.  The applican t would have the possibility to submit, at 
his/her discretion, a new application remedyi ng the deficiencies cited as the basis for 
termination or denial; and (vii) in case e xaminations were held for the licensing of 
professionals, such examinations would be scheduled at reasonable intervals.  
The Working Party took note of these commitments. WT/ACC/TJK/24 
Page 32  
 
  314(b).  In addition, the representative of Ta jikistan confirmed that Tajikistan would 
publish all laws, regulations and other measures of general application pertaining to or 
affecting trade in services.  Publication of such laws, regulations and other measures would include the effective date of these meas ures and the general scope of services or 
activities affected.  He further confirmed that Tajikistan would publish a list of all 
organizations that were responsible for authorizing, approving or regulating service 
activities for each service sector.  In additi on, Tajikistan would publish in the official 
journal all of its licensing procedures and conditions upon accession.  The Working 
Party took note of these commitments. 
314(c).  The representative of Tajikistan al so confirmed that Tajikistan would (a) 
publish in advance any regulations or other implementing measures of general 
application that it proposed to adopt and the purpose of the regulation or other implementing measure; (b) provide interested persons and other Members a reasonable opportunity to comment on such proposed regulation or other implementing measure; 
and (c) allow reasonable time between public ation of the final regulation or other 
implementing measure and its effective date.  The Working Party took note of these 
commitments. 
314(d).  The representative of Tajikistan conf irmed that the measures described in this 
Report will in no way affect Tajikistan's obligations deriving from its specific GATS 
commitments.  He guaranteed that, for the services included in the Schedule of Specific Commitments, the appropriate regulatory bo dies would be separated from, and not 
subordinated to, any of the services provid ers governed by them.  He also guaranteed 
that foreign suppliers would have the right to  choose their partners.  The Working Party 
took note of these commitments. 
314(e).  Tajikistan's Schedule of Specific Commitments on Services is annexed to its 
draft Protocol of Accession reproduced in the Appendix to this Report (see paragraph 
[xxx] below).  This Schedule of Specific Commitments on Services contains the legally 
binding market-access commitments of Tajikistan in respect of services. 
Answer: 
Tajikistan accepts the commitment as suggested. 
VII. TRANSPARENCY 
Question 75 
In the interest of further developing its instit utions for transparency, we ask Tajikistan to 
consider the following commitment: 
317bis.   The representative of Tajikistan confir med that from the date of accession all 
laws, regulations, decrees, judicial decision s and administrative rulings of general 
application related to trade would be published promptly in a manner that fulfils 
WTO requirements, including Article X of the GATT 1994.   As such, no law or 
regulation related to international trade would become effective prior to such 
publication in the Official Journal.  He further stated that all laws which were amended to comply with the WTO Agreements contained provisions which require such 
publication.  He further confirmed that upon accession Tajikistan would post the contents of current and past editions of the Official Journal on the Government website 
and keep them current.  In addition, al l regulations and other normative acts or  WT/ACC/TJK/24 
 Page 33 
 
 
  measures pertaining to or affecting trade in goods, services, or TRIPS would be 
published promptly in a single official sou rce, and that no such regulation or other 
normative act or measure would become ef fective or be enforced prior to such 
publication.  He further confirmed that within two years of accession Tajikistan would establish or designate an official journal or website, published or updated on a regular 
basis and readily available to WTO Members, individuals and enterprises, dedicated to 
the publication of all regulations and other measures pertaining to or affecting trade in goods, services, and TRIPS prior to enactment, and that Tajikistan would provide a reasonable period, i.e., no less than 30 days, for comment to the appropriate authorities 
before such measures are implemented, except for those regulations and other measures 
involving national emergency or security, or for which the publication would impede 
law enforcement.  The publication of such reg ulations and other measures would, where 
appropriate or possible, include the effective date of these measures and list the products and services affected by the partic ular measure, identified by appropriate 
tariff line and classification.   The Workin g Party took note of these commitments.  
Answer: 
Tajikistan accepts the commitment as suggested. 
- Notifications  
Question 76 We seek acceptance of the following commitment: 
xx.   The representative of Tajikistan said that, unless otherwise provided for in this 
Report, Tajikistan would submit all the in itial notifications required by any Agreement 
constituting part of the WTO Agreement upon accession.  As new legislation implementing the provisions of WTO Agreements was enacted, revised notifications would be provided.  The Working Party took note of these commitments.  
Answer: 
Tajikistan accepts the commitment as suggested. 
VIII. TRADE AGREEMENTS  
Question 77 We seek acceptance of the following commitment: 
322bis.  The representative of Tajikistan conf irmed that Tajikistan would observe all 
WTO provisions including Article XXIV of GATT 1994 and Article V of the GATS in its 
participation in preferential trade Agreements , and would ensure that the provisions of 
these WTO Agreements for notification, consultation and other requirements concerning free trade areas and customs unions of which Tajikistan was a member were 
met from the date of accession. He confirme d that Tajikistan would, upon accession, 
submit notifications and copies of its Free  Trade Areas and Custom Union Agreements 
to the Committee on Regional Trade Agreements (CRTA).  He further confirmed that 
any legislation or regulations required to be altered under its Trade Agreements would 
remain consistent with the provision of the WTO and would, in any case, be notified to WT/ACC/TJK/24 
Page 34  
 
  the CRTA during its examination of the same.  The Working Party took note of these 
commitments. 
Answer: 
Tajikistan accepts the commitment as suggested.  WT/ACC/TJK/24 
 Page 35 
 
 
  ANNEX 1 
List of Goods (products) Subject to Mandatory Certification 
Group 02 
1. Cattle meat  0202 
2. Poultry meat  020711, 020712, 020714, 020725, 020727, 020733, 
020736, 
3. Quail   0208902000, 0208904000, 
4. Salted, dried, smoked meat  021020, 0210992100, 0210992900, 0210993900, 
0210995900, 0210996000, 0210999000 
Group 03
5. Fish and shellfish, scallops  and other  water 
spineless  0303, 0304910000, 0304920000, 0305, 030611, 
030612, 030613, 030614,  030619, 030623, 030629 
Group 04 
6. Milk and milk products  0401-0405, 040610, 040620, 040630, 040690 
7. Eggs  040700 
8. Natural Honey  0409000000 
9. Foods of animal origin  0410000000 
Group 07 
10. Fresh vegetables  0701-0708  
11. Canned, dried vegetables  0711-0713 
Group 08 
12. Fruits and nuts  0801-0810, 0811907500, 0811908000, 0811908500, 
0811909500, 0812, 0813100000, 0813200000, 0813300000, 0813401000, 0813403000, 0813409500 
Group 09 
13. Coffee, tea, mate or Paraguay tea and spices  0901-0903 
Group 10 
14. Cereals (wheat, rye, barley, corn, rice etc) 1001-1008 
Group 11  
15. Wheat flour  1101 
16. Flour from other cereals  1102 
17. Groats, crude flour from cereals  1103 
18. Flakes (rye, corn, barley,rice)   1104 
19. Potato flakes  1105 
20. Four made of dried bean products  1106 
21. Malt  1107 
22. Starch   1108 
23. Wheat gluten  1109 
Group 12  
24. Soybeans  1201009000 
25. Sunflower seeds  1206 
26. Cotton seeds  120720 
27. Soybean flour  1208 
28. Hop cones  1210 
Group 13  
29. Juices and plant-extracted products   1302120000, 1302310000, 1302390000   
Group 15 
30. Fat of big and small cattle  1502 
31. Fats and oils of  animal and plant origin  1507-1512,  1514 -1517 WT/ACC/TJK/24 
Page 36  
 
  Group 16  
32. Sausages  160100 
33. Canned meat  16021000, 160220, 160231, 160232, 160239, 160250, 
1602907200, 1602907400, 1602907600, 1602907800, 
1602909800 
34. Canned fish  1604 
35. Canned seafood  1605 
Group 17  
36. Cane, beet sugar  170112, 170199 
37. Artificial honey  1702 
38. Sugar confectionary, white chocolate   1704 
Group 18
39. Cacao beans, whole or cracked  1801000000 
40. Other cacao scraps  1802000000 
41. Cacao and cacao products  1803-1805 
42. Chocolate, icing, chocolate sweets, toffees, 
chocolate: spreads, chips, bars  1806 
Group 19 
43. Malt extract  1901 
44. Pasta 1902 
45. Corn flakes  1903 
46. Corn, wheat flakes  1904  
47. Bread, fancy cakes, cookies, wafers, crackers, 
unleavened bread (matza)  1905 
Group 20  
48. Canned vegetables, cucumbers, mushrooms, bulb 
onion, sweet pepper, olives, sweet corn  2001 
49. Canned tomato, pies, beans, onion  2002 
50. Mushrooms  2003 
51. Canned vegetables without vinegar  2004 
52. Canned carrots, canned veggie mix  2005 
53. Fruits, canned nuts, cherry, Sweet cherry, tropical 
fruits, tropical nuts  2006 
54. Jams, fruit jelly, marmalade, fruit spread, nut and 
fruit puree  2007 
55. Canned fruits and nuts  200811, 200819  
56. Fruit and vegetable juices  2009120000, 2009210000, 200931, 2009391909, 
200941, 2009493000, 2009499100, 2009499300, 200950, 2009611009, 2009619000, 2009695900, 2009719100, 2009719900, 2009799100, 2009799300, 2009803500, 2009806100, 2009806300, 2009807109, 2009807309, 2009807909, 2009808500, 2009808600, 2009808800, 2009808900, 2009809600, 2009809700, 2009809900, 2009903100, 2009903900, 2009904109, 2009904909, 2009905109, 2009905909, 2009907100, 2009907300, 2009909200, 2009909400, 2009909500, 2009909600 
Group 21 
57. Extracts, concentrates, tea essence, coffee  2101 
58. Yeast  2102 
59. Soy sauces, ketchups, mayonnaise  2103 
60. Soups and readymade broths  2104 
61. Ice-cream, food service ice 2105 
62. Syros, processed cheese, chewing gum, starch, 
protein concentrates, vitamin mixes  2106  WT/ACC/TJK/24 
 Page 37 
 
 
  Group 22  
63. Natural water  2201 
64. soft drinks, mineral water  2202 
65. Beer  2203 
66. Wines  2204 
67. Vermouth   2205 
68. Cider  2206 
69. Ethyl alcohol 2207 
70. Alcoholates, liquors and other alcoholic drinks  2208 
71. Vinegar  2209  
Group 23 
72. Offal of all cereals  2302 
73. Oilcake  230400000 
74. Cotton oilcake, sunflower oilcake, rape-seed cake, 
linseed cake 2306 
Group 24  
75. Cigarettes and cigars  2402 
Group 25 
76. Edible salt 2501009110 
77. Chalk  2509000000 
78. Plaster, quick lime 251710, 252020, 2522100000 
79. Ordinary Portland Cement and its solutions  2523210000, 2523290000 
Group 27 
80. Oil products: petrol, diesel etc. 2710114100, 2710114500, 2710114900, 2710115100, 
2710115900, 2710192100, 2710192500, 2710192900, 
2710193100, 2710193500, 2710194100, 2710194500, 2710194900, 2710196100, 2710196300, 2710196500, 2710196900, 2710197100, 2710198100, 2710198700, 2710199300, 2710199900, 2710990000 
81. Petroleum gas  2711110000, 2711121100, 2711190000, 2711210000,  
82. Petroleum bitumen  2713200000 
Group 30 
83. Pharmaceutical products  3001-3005, 300610, 3006200000, 3006300000, 
3006400000, 3006500000, 300660, 3006700000 
Group 31 
84. Fertilizers. Mineral and chemical fertilizers  3102-3105 
Group 32 
85. Pigmented varnish   3205000000 
86. Varnishes and paints based on polyester  320810, 320820 
87. Varnishes and paints based on natural polymers  3209 
88. Oil paints and varnishes  3210 
89. Glazing putties,  joint fillers and mastic fillers  3214101000, 3214109000 
Group 33 
90. Essential oils  330124, 3301291100, 3301293100, 3301294100, 
3301297100, 3301299100  
91. Parfume and eau de toilette  330300 
92. Beauty products  3304910000, 3304990000 
93. Shampoos  3305100000 
94. Oral hygiene products  3306100000, 3306200000 
95. Shaving and after shaving products  3307100000, 3307200000, 3307300000 
Group 34 
96. Baby soap 3401110000, 3401190000, 3401201000, 3401209000 
97. Detergents and cleaners  340220, 340290 
98. Candles  340600 
99. Playdough 3407000000 
Group 35 
100. Ready glue and adhesives  3506 
Group 36 
101. Household matches  3605000000 WT/ACC/TJK/24 
Page 38  
 
  Group 38 
102. Disinfectants  380891, 380893 
103. Hydraulic-brake fluid 3819000000 
104. antifreeze и readymade liquids  3820000000 
105. Readymade additives to cement construction 
solutions or concrete solution  3824400000, 3824904000 
 
Group 39 
106. Vinylchloride polymers in initial forms  3904210000, 3904220000, 3904300000, 3904400000 
107. Pipes, hoses, fittings  3917219000, 3917229000, 3917239000, 3917291900, 
3917299000, 3917310009, 391732, 3917330000, 
3917391900, 3917399000, 3917400000 
108. Plastic strips, sheets, plates, films   3921 
109. Plastic sanitary ware products  3922 
110. Kitchen utensils, packaging articles and other 
plastic articles  3923210000, 392329, 392330, 3924100000, 
3924901100, 3924909000, 3925200000, 3925300000,  
Group 40 
111. Rubber plates, sheets, stripes and и profiles 
(cross sections)  4008190000, 400821, 4008290000  
112. Vulcanized rubber belts  4010310000, 4010320000, 4010330000, 4010340000, 
4010350000, 4010360000, 4010390000 
113. Pneumatic tires  4011100000, 401120, 4011610000, 4011620000, 
4011630000 
114. Vulcanized rubber hygienic items, pacifiers  4014 
115. Rubber surgical gloves  4015110000 
116. Floor coating  4016910000 
Group 44 
117. Construction materials based on wood and other 
ligneous materials with addition of gums or other organic and non-organic substances  4407103100, 4407103300, 4407103800, 4407109100, 
4407109300, 4407109800, 4407913900, 4407919000, 440799980, 4409299100, 4410, 4411120000, 4411130000, 4411140000, 441231, 4412320000, 4412390000, 441294, 441299, 4413000000, 441820, 4418710000, 4418720000, 4418790000 
Group 48 
118. Paper tissues, towels  4803009000 
119. Wallpapers  4814 
120. Handkerchiefs and cosmetic tissues  4818 
121. Exercise books  4820105000, 4820200000 
122. Paper; filtrated, plates, carton  482369, 482370 
Group 49 
123. Textbooks  4901990000 
Group 50 
124. Silk and fabrics made of silk threads  5001-5006  WT/ACC/TJK/24 
 Page 39 
 
 
  Group 52 
125. Cotton fiber  5201, 5202 
126. Cotton fabric  5205120000, 5205130000, 5205140000, 5205151000, 
5205220000, 5205230000, 5205240000, 5205260000, 
5205270000, 5205320000, 5205330000, 5205340000, 
5205350000, 5205420000, 5205430000, 5205440000, 5205460000, 520811, 520812, 5208190000, 520821, 520822, 5208290000, 5208310000, 520832, 5208390000, 5208410000, 5208420000, 5208490000, 5208510000, 5208520000, 5208590000, 5209110000, 5209120000, 5209190000, 5209210000, 5209290000, 5209310000, 5209390000, 5209410000, 5209420000, 5209490000, 5209510000, 5209590000, 5210110000, 5210190000, 5210210000, 5210290000, 5210310000, 5210390000, 5210410000, 5210490000, 5210510000, 5210590000, 5211110000, 5211190000, 5211200000, 5211310000, 5211390000, 5211410000, 5211420000, 521149, 5211510000, 5211590000   
Group 55 
127. Fabrics of synthetic fibers  5512- 5516 
Group 56 
128. Cotton-wool of textile materials (sanitary towels,  
diapers)    560110 
Group 57 
129. Carpets and other floor coatings made of chemical-
and-textile materials  5701, 5702, 5705 
Group 58 
130. Pile fabric, terry fabric, lace fabric, basic woven 
fabric  5801100000, 5801901000, 5802200000, 580410 
Group 59 
131. Linoleum  5904 
132. Wall covering  5905 
Group 62 
133. Garments and relevant articles. Children's apparel 
and accessories  6203-6209, 6210400000, 6210500000 
Group 63 
134. Blanket  6301209000, 630130, 630140, 630190  
135. Bed linen  6302100000, 6302210000, 630222, 6302299000, 
6302310000, 630232, 6302399000, 6302400000, 6302510000, 6302539000, 6302590000, 6302600000, 6302910000, 6302939000, 6302990000 
Group 64 
136. Water-resistant shoes with  rubber top and bottom  6401, 6402, 6404, 6405100000, 640590 
Group 68 
137. Items of plaster and asbestos-cement 6802, 6809-6810 
Group 69 
138. Other ceramic items and chinaware: glassware, 
kitchenware, household items and toiletry  6904100000, 6904900000, 6907, 690810, 6908901100, 
6908902100, 6908909900, 6910, 6911, 6912 
Group 70 
139. Kitchen glassware  7005, 7013100000, 7019390001 
Group 72 
140. Metal flat-rolled products   7208 
141. galvanized metal flat-rolled products  7212 
142. Steel bars  7213100000, 7213911000, 7213914100, 7213914900, 
721499 
143. Angle beams, structural steel sections   7216210000, 721650, 7216690000, 721691, 
7216990000, 7219230000, 721990 
144. Hot finished bars made of anticorrosive  steel  722100 
145. Steel wire  722300 WT/ACC/TJK/24 
Page 40  
 
  146. Alloy steel flat-rolled products   7225110000, 722519, 7225500000, 7225920000, 
7225990000, 7226920000, 7226990000 
147. Alloy steel wire  7229 
Group 73 
148. Blackwork pipes  7306191900, 7306307700, 7306900000, 7308300000  
149. Liquified gas tanks made of iron  7311001000, 7311009100 
150. Cooking stoves  7321111000, 7321119000 
151. Iron cutlery  7323920000, 732394, 732399 
152. Iron sanitaryware products  7324 
Group 76 
153. Aluminum wire and braided cords  7605, 7614 
Group 84 
154. Pumps, blowers, fume extraction hood  841459, 8414600000 
155. Air conditioning units  841510 
156. Refrigerators, freezers  841810, 841821, 841830, 841840, 844331, 844332 
157. Electric washing machines  8450 
158. Computers and copying-and-duplicating machines  8471300000, 8471410000, 8471490000, 8471500000, 
8471600000, 8472100000 
Group 85 
159. Transformers  8504210000, 8504312100, 8504318001, 850440300,   
160. Batteries, electric water heaters, microwaves, 
hairdryer, electric stoves  8507, 8508110000, 850819000, 8516 
161. Telephone sets  8517110000, 8517120000, 8517180000, 851761000, 
851762000, 8517693100, 8517693900, 8517699000 
162. Telecommunication and radio-locating equipment  851840, 8518500000, 8518900000, 8521, 8525, 8526, 
852713, 8527190000, 8527901100, 8528 
163. Electric lamps  853931, 853932, 8539390000, 8539410000, 853949, 
853990 
164. isolated wires,  cables, electric isolators  8544200000, 8544492000, 854460, 8546 
Group 90 
165. Needle-syringes  901831  
166. Gas, liquid, energy meters  9028 
Group 94 
167. Furniture: medical, wooden, plastic 940130, 9401400000, 9401590000, 9401610000, 
9401690000, 9401710000, 9401790000, 9401800000, 9402, 9403105100, 9403105900, 9403109100, 9403109300, 9403109900, 940320, 940330, 940340, 940350000, 940360, 9403700000, 9403890000 
168. Mattress  filling (framework)  940421, 940429, 940490 
169. Lamp,  illumination equipment and searchlights  940520, 9405300000, 940540 
Group 95 
170. Toys  9503 
171. Fitness machines  9506911000 
Group 96 
172. Toothbrushes  9603100000, 9603210000   
173. Thermos flasks  961700 
 
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