RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/TJK/4/Rev.1 
25 October 2010 
 (10-5598) 
Working Party on the 
Accession of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Elements of a Draft Working Party Report  
 
Revision  
   
 
_______________ 
  WT/ACC/SPEC/TJK/4/Rev.1 
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 TABLE OF CONTENTS 
 
I. INTRODUCTION ................................................................................................................... .1 
DOCUMENTATION PROVIDED ......................................................................................................1  
INTRODUCTORY STATEMENTS....................................................................................................1  
II. ECONOMIC POLICIES..........................................................................................................2  
- Monetary and Fiscal Policy..................................................................................................... .2 
- Foreign Exchange and Payments ............................................................................................3  
- Investment Regime.............................................................................................................. ......7  
- State Ownership,  Privatization and State-trading entities...................................................9  
- Pricing Policies ............................................................................................................... .........14  
- Competition Policy............................................................................................................. .....16  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................17  
- Powers of Executive, Legislative and Judicial Branches of Government ..........................17  
- Authority of Sub-Central Governments ...............................................................................21  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................22  
- Trading Rights ................................................................................................................. .......22  
A. IMPORT REGULATION......................................................................................................26  
- Ordinary cust oms duties ........................................................................................................ 26 
- Other duties and charges....................................................................................................... .27 
- Tariff rate quotas, tariff exemptions.....................................................................................27  
- Fees and charges for services rendered.................................................................................28  
- Application of internal taxes to imports ...............................................................................30  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............32  
- Customs valuation.............................................................................................................. .....37  
- Rules of origin ................................................................................................................ .........39  
- Preshipment inspection ......................................................................................................... .40 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................41  
B. EXPORT REGULATION......................................................................................................43  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........43  
- Export rest rictions ............................................................................................................ ......44  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................47  
- Industrial policy, including subsidies....................................................................................47  
- Technical barriers to trade, standards and certification.....................................................49  
- Sanitary and phytosanitary measures...................................................................................52  WT/ACC/SPEC/TJK/4/Rev.1 
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 -
 Trade-related investment measures ......................................................................................57  
- Free zones, special economic areas........................................................................................57  
- Government-mandated barter and counter-trade...............................................................59  
- Government procurement......................................................................................................59  
- Transit........................................................................................................................ ..............60  
- Agricultural policies.......................................................................................................... ......61  
(a) Imports........................................................................................................................ .............61  
(b) Exports........................................................................................................................ .............62  
(c) Internal policies.............................................................................................................. .........62  
- Trade in ci vil aircraft........................................................................................................ ......62  
- Textiles Regime ................................................................................................................ .......62  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................63  
- GENERAL........................................................................................................................ .......63  
- Industrial property protection...............................................................................................63  
- Responsible agencies for policy formulation and implementation .....................................63  
- Participation in international intellectual property agreements ........................................63  
- Application of national and MFN treatment to foreign nationals......................................65  
- Fees and taxes................................................................................................................. .........65  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................65
 
- Copyright and related rights..................................................................................................6 5 
- Trademarks, including  service marks...................................................................................67  
- Geographical indications, including appellations of origin.................................................68  
- Industrial designs............................................................................................................. .......69  
- Patents........................................................................................................................ ..............70  
- Plant variety protection....................................................................................................... ...71 
- Layout designs of integrated circuits ....................................................................................72  
- Requirements on undisclosed information, including trade secrets and test data............72  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS......................................................................................................................... ..........73  
- ENFORCEMENT...................................................................................................................7 3 
- Civil judicial procedures and remedies.................................................................................73  
- Provisional measures ........................................................................................................... ...74 
- Administrative procedures and remedies.............................................................................74  
- Special border measures........................................................................................................ .75 
- Criminal procedures............................................................................................................ ...76  WT/ACC/SPEC/TJK/4/Rev.1 
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 VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................77  
VII. TRANSPARENCY .................................................................................................................79  
- Publication of information on trade......................................................................................79  
- Notifications.................................................................................................................. ...........79  
VIII.  TRADE AGREEMENTS .......................................................................................................80  
CONCLUSIONS .................................................................................................................... ..............81  
ANNEX 1 ........................................................................................................................ ......................82  
ANNEX 2 ........................................................................................................................ ......................85   WT/ACC/SPEC/TJK/4/Rev.1 
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 I. INTRODUCTION 
1. The Government of the Republic of Tajikis tan applied for accession to the World Trade 
Organization (WTO) in May 2001.  At its meeti ng on 18 July 2001, the General Council established a 
Working Party to examine the application of the Government of the Republic of Tajikistan to accede 
to the World Trade Organization under Article XI I of the Marrakesh Agreement establishing the 
WTO.  The terms of reference and the membership  of the Working Party are reproduced in document 
WT/ACC/TJK/2/Rev.[9]. 
2. The Working Party met on 18 March 2004, 26 April 2005, 6 October 2006, 
24 September 2009  and ……….. under the Chairmanship of H.E Mr. Clyde Kull (Estonia). 
DOCUMENTATION PROVIDED 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Tajikistan (WT/ACC/TJK/ 3), the questions submitted by Members on the 
foreign trade regime of Tajikistan, together with th e replies thereto, and other information provided by 
the authorities of Tajikistan (WT/ACC/TJK/4 to 6,  WT/ACC/TJK/7 and Revisions 1, 2, 3 and 4, 
WT/ACC/TJK/8, WT/ACC/TJK/9, WT/ACC/TJK/10 a nd Revision 1, WT/ACC/TJK/11 to 20 [...]), 
including the legislative texts and other documentation listed in Annex 1. 
INTRODUCTORY STATEMENTS 
4. The representative of Tajikistan said that hi s Government was committed to Tajikistan's 
integration into the multilateral trading system a nd its accession to the WTO.   The basic principles 
and rules of the WTO had broad support in Tajikistan.   In this regard, Tajikistan had taken steps to 
reform its economic and foreign trade regime.  Ho wever, as a transition economy at a low level of 
economic development, Tajikistan so ught recognition and the status of a developing country in the 
WTO.  He welcomed the technical and financia l assistance received from Members and multilateral 
agencies in support of Tajikistan's accession to the WTO.  Further assistance was requested. 
5. Members welcomed Tajikistan's application to accede to the WTO.  The recent domestic 
reforms in Tajikistan complemented its WTO acc ession process.  Members appreciated the work 
already undertaken to achieve compliance with  WTO rules and principles, though some Members 
noted that further work was still needed.  Members highlighted the technical assistance that they had 
provided and pledged to continue their technical a nd financial support for th e accession of Tajikistan.  WT/ACC/SPEC/TJK/4/Rev.1 
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 6. The Working Party reviewed the economic polici es and foreign trade regime of Tajikistan and 
the possible terms of a draft Protocol of Accession to the WTO.  The views expressed by Members on 
the various aspects of Tajikistan's foreign trade regi me, and on the terms and c onditions of Tajikistan's 
accession to the WTO, are summarized below in paragraphs 7 to [..]. 
II. ECONOMIC POLICIES  
- Monetary and Fiscal Policy 7. The representative of Tajikistan said that the le gal basis for the development of Tajikistan's 
monetary system had been established over the period 1991-1998 through the promulgation of several 
laws, regulations and normative acts, such as the Laws "On the National Bank of the Republic of 
Tajikistan" (1996); "On Banks a nd Bank activities" (1993, 1995, 1998); "On Securities and Stock 
Exchanges" (1992); and the "Order of the Issue of  Permits for Opening Accounts in Foreign Currency 
by Residents in Banks Outside Tajikistan" (1997).  The monetary and credit policy had been further 
refined and developed by the Decree "On the Prin cipal Guidelines of Credit-monetary and Foreign 
Exchange Policies of the Republic of Tajikista n" (2000).  These guidelines advocated market 
economy principles and transparency. 
8. For the period 2002-2005, the objectives of mone tary and credit policy in Tajikistan included 
reducing inflation; creating conditions to stimulat e GDP growth of 5 per cent per annum; stability of 
the national currency (Somoni); strengthening the ba nking system; further development of the credit, 
foreign exchange and securities market; building up  foreign exchange reserves; and improving the 
domestic payments and settlement mechanism.   
9. The monetary system was regulated by the Nati onal Bank of Tajikistan (NBT).  The National 
Bank regulated monetary circulation through cred it controls, sterilization of sales and purchases of 
foreign exchange, variations in its gold and foreig n exchange reserves, transactions with the treasury, 
and the issue and sale of treasury bills. 
10. The banking sector in Tajikistan comprised of 13  banks, one branch or affiliate of a foreign 
bank and three credit unions.  To protect the inter ests of creditors and depositors and to provide 
stability in the functioning of the banking system, th e "General rules of regulation of bank activity", 
enacted in 1995, and put into force in 1996, set out the obligatory standards that regulated bank 
activities in Tajikistan.  In response to a specifi c question, he said that foreign banks could open 
branches and that the requirements for their opening  and operation were consis tent with international 
banking practices.  Pursuant to Law No. 524 "On Banking Activities" of 19 May 2009, foreign banks,  WT/ACC/SPEC/TJK/4/Rev.1 
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 their branches and affiliations, operated in conditions identical to those applicable to Tajik banks.  
The Law had abolished limits on foreign capital a nd there was no requirement to increase the funding 
capital of the bank or to provide separate capital for the opening of a branch.   
11. Reforms in the banking sector had focused on expanding the range and quality of banking 
services; improving the operation of the credit, secu rities and foreign exchange markets; creation of 
non-banking financial institutions for the provisi on of financial services; banking services and support 
for the private sector; the creation of a national payments system; accelerating settlement of accounts 
through electronic means; and building confidence in the banking sector through the enforcement of 
legislation protecting the rights of the banks' customers. 
12. Fiscal policy in Tajikistan was geared towa rds the stabilization of the economy and the 
Government's budget and its finances.  The Law "On the Fundamentals of Budgetary Structure and 
Budgetary Process" of 1997, together with the St ate budget adopted annually provided the basis for 
the formulation and execution of fiscal policy in Tajikistan.   
13. The Taxation Code of 12 Novemb er 1998 had sought to simplify tax collection mechanisms, 
remove a number of inefficient or irrational tax es and other obligatory payments, and to build an 
integrated tax system.  The Taxation Code enumerated  five types of taxes, namely - value-added tax, 
excise tax, profits tax, income tax and sales tax on certain goods.  The sales tax on cotton and 
aluminium had been introduced to increase Govern ment revenues.  Furthe r tax reforms had been 
undertaken with the Tax Code of 3 December 2004, wh ich had entered into force on 1 January 2005.   
14. On the expenditure side, the State budget for 2001 had amounted to 379.7 million Somoni or 
about 15.1 per cent of GDP.  He noted that Ta jikistan's budgetary classification of revenues and 
expenses had met international standards since 2000,  and was in accordance with the Statistics of 
State finance designed by the International Mone tary Fund (IMF).  A budget deficit of 1 per cent 
of GDP had been foreseen in 2002.  This deficit was to be covered through th e privatization of State 
property, credits from the World Bank and the As ian Development Bank, sale of securities and the 
issue of long-term bonds by th e Government of Tajikistan. 
- Foreign Exchange and Payments 
15. The representative of Tajikistan said that th e foreign exchange policy was a component of 
Tajikistan's monetary and credit policy.  The polic y was geared towards providing stability to the 
national currency, liberalizing foreign exchange  operations and further developing the foreign WT/ACC/SPEC/TJK/4/Rev.1 
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 exchange market.  The National Ba nk of Tajikistan was responsible fo r development of policy and the 
regulation and organization of all foreign exchange transactions.  
16. Tajikistan had been among the last of the cons tituents of the Commonwealth of Independent 
States to introduce its own national currency, as it had depended on the currency and the monetary 
and credit policy of the Russian Federation.  An interim national currency - the "rubl" - had been 
introduced in May 1995.  The "rubl" had been repl aced by the "Somoni" which became the national 
currency in October 2000.  The official excha nge rate was 4.3826 Somoni per US dollar on 
14 October 2010.   
17. He added that Tajikistan had been a Memb er of the IMF since 27 April 1993 and had 
accepted the obligations of Article VIII of the IM F Articles  of Agreement on 9 December 2004.  
Tajikistan's foreign exchange  and payments regime had been reviewed by the IMF.  He stated that the 
regime had been found to be in full compliance with IMF's Article VIII  obligations, with no 
restrictions on payments and transfers for current account transactions.   
18. Law No. 112 "On Foreign Exchange Regulation and Control" of 4 November 1995 governed 
the rights of residents and non-residents holding foreign exchange in Tajikistan.  According to 
Article 5 of this Law, residents that were lega l entities and natural persons involved in business 
activities could open foreign currency accounts in Tajik  or foreign banks.  Accounts in foreign banks 
could, however, only be opened with the prior pe rmission of the NBT.  The procedures and decision 
criteria for issuing the permission were set out in the NBT Instruction No. 51 "On Procedure of Issue 
of Permissions for Opening Accounts in Forei gn Currency in Banks Outside the Republic of 
Tajikistan by Residents" of 16 September 1997.  D ecisions were based on whether the applicant was 
able to make payments through his/her bank accoun t in Tajikistan; or through the accounts of Tajik 
banks in foreign banks; or if opening an account in a foreign bank was a requirement in the terms of a 
contract, agreement, treaty, etc.     
19. A Member noted that the required permissions to open an account in a foreign bank could be 
a restraint on trade, and requested further informatio n regarding the rationale for this restriction and 
any plans to eliminate or ease this procedure.  In  response, the representative of Tajikistan said that 
this requirement was deemed necessary to prevent the illegal movement of capital.  To eliminate this 
restriction, a new NBT Instruction would be adopted  in 2010.  His Government was also drafting a 
new Law "On Foreign Exchange Regul ation and Foreign Exchange Control" to be in force by the end 
of 2010.  The new legislation would abolish the prior permission requirement and establish a system 
of registration of foreign bank accounts.    WT/ACC/SPEC/TJK/4/Rev.1 
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 20. Residents had the right to buy and sell foreign exchange in the domestic market.  
The purchase and sale of foreign exchange in Tajikis tan took place through aut horized banks and their 
exchange offices. Instruction No. 142 of  11 October 2005, replacing Decree No. 106 of 
11 March 2000, established procedural requirements fo r cross-border transfer of foreign exchange in 
cash.  Non-cash transfers were not subject to an y procedural requirements nor were there any 
quantitative limits on the amount of foreign currency that could be imported into or withdrawn from 
Tajikistan.  As per Instruction No. 142, any pers on carrying foreign currency exceeding the equivalent 
of US$3,000 in cash across the border had to declare it to customs in writing.  Non-residents carrying 
more than US$3,000, and Tajik residents over US$10, 000, were required to obtain permission issued 
by the NBT, commercial banks or non-banking fina ncial institutions.  In lieu of such permission, 
non-residents exporting or withdrawing foreign currency could present a customs declaration 
verifying the amount of cash previously brought into Tajikistan.  Permission was the document 
confirming that the foreign currency in cash had been  obtained legally, i.e. from a bank or exchange 
office.  He added that the procedural requirements for the cross-border transfer of foreign exchange in 
cash had been implemented to prevent money launde ring and were, in his opinion, not restricting 
current account transactions.     
21. In accordance with a Joint In struction of the National Bank and the Customs Committee 
entitled the "Regulation on the Procedures to Implem ent Currency Control on Exchange Earnings in 
the Republic of Tajikistan Coming from the Export of Merchandise" of 14 August 1996, all exporters 
were obliged to transfer or repa triate all foreign exchange earnings  from exports of goods and services 
into their own foreign currency accounts held in serving banks located in Tajikistan.  There were no 
foreign exchange surrender requirement s in Tajikistan.  Once the earn ings had been transferred, the 
exporters were guaranteed exemption from any additi onal payments and charge s and were not subject 
to the compulsory sale of this foreign exchange in the domestic market.  Exporters could use these 
earnings at their own discretion, including for the purchase of imports and/or any other payments 
without restrictions.  The purpose  of this requirement was to ensure  foreign exchange inflows to assist 
Tajikistan in meeting balance-of-payments and impor t-cover needs, and to allow the Government to 
fulfil any foreign debt obligations. 
22. Presidential Decree No. 424 "On Liberalizati on of Currency and Export Operations and 
Measures to Ensure the Complete Return of Currenc y Proceeds" of 24 February  1996 stipulated that 
full advance payment was required for the export of  certain merchandise goods listed in Table 1.  
These products - the principal exports - accounted for a bout two thirds of Tajikistan's total exports.  
The full prepayment requirement was administ ered by the National Bank of Tajikistan and 
commercial banks.  Banks in Tajikistan issued a c onfirmation that the full pre-payment of an export WT/ACC/SPEC/TJK/4/Rev.1 
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 contract had been received and, on the basis of this confirmation, customs bodies released goods for 
export.  The mandatory pre-payment requirement s ought to ensure the return of foreign currency 
proceeds from these exports and was imposed to prev ent deceptive practices and capital flight in light 
of the unstable balance-of-payments situation and r ecurrent current account deficits in Tajikistan.   
23. Concerning the existing balance-of-payments situ ation, he said that the deficit had jumped 
from US$10.3 million in 2006 to US$154.9 million in  2008, before dropping to US$35.9 million in 
the first half of 2009.  He said that the mandatory  pre-payment requirement would be eliminated once 
the balance-of-payments situation improved.  In the interim, other means of payment including letters 
of credit could also be used to pay for exports.  He later added that Presidential Decree No. 911 of 
26 August 2010 had repealed Decree No. 424 to abolish th e mandatory pre-payment system (Table 1).      
Table 1:  Export Products with 100 pe r cent Mandatory Pre-payment Requirement
 
Code GN FEA Product 
0409  Natural honey 
2401 Fermented tobacco  
3301 21 Geranium oil 
3102 - 3105 Chemical fertilizers 
4104 - 4115 Hides and leather 
5201 - 5212 Cotton fibre and products thereof 
2616, 7101, 7112,  Ore, concentrates and scrap of precious metals, precious natural stones and their 
Articles  
7204, 7503, 7602, 
78002, 7902, 8002 Scrap of ferrous and non-ferrous metals  
7601 - 7616 Aluminium and its products  
 
24. He stated that Decree No. 424 of 24 February 1996, as amended by Presidential Decree 
No. 1249 of 13 July 1999, had also set a limited time  of 120 days to transfer hard currency proceeds 
from the exports of goods not listed in Decree No. 424 back into Tajikistan.  Implementation of this 
currency regulation envisaged a "Passport of a transac tion" drawn up by the exporter in an authorized 
bank.  Serving as currency control agents, the author ized banks charged 0.01 per cent of the contract 
value based on which a passport of a transaction w as drawn up.  The procedures to fill out a passport 
of a transaction were determined in accordance with  the Regulation "On the Procedure to Implement 
Hard Currency Control on Exchange Earnings in Tajikistan coming from the Export of Merchandise" 
approved by the NBT and the Ministry of Public Re venues and Charges in August 1996.  As set out in 
the above-mentioned Regulation, a passport of a tr ansaction was the basic document containing data 
on the transaction and was drawn up by an exporter .  The exporter submitted this document to the 
bank and to the customs body clearing the commod ity.  The bank and the customs body exchanged 
information on the passport.  Once the export earnings  had been transferred to the exporter's account 
in Tajikistan, the currency regulations were me t, and the passport of a transaction expired.  WT/ACC/SPEC/TJK/4/Rev.1 
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 25. Some Members considered the mandatory pre- payment of exports; the transaction passport 
requirements for exporters; and the obligation to repatriate export earnings to foreign currency 
accounts in Tajikistan to be measures restricti ng current account transactions.  They encouraged 
Tajikistan to liberalize these measures and eliminate them by the date of accession. 
26. The representative of Tajikistan replied that the export transaction passport requirements had 
been eliminated in 2007 (NBT Board Decision No. 37 of 26 January 2007), and that the mandatory 
pre-payment requirement had been liberalized  in 1997 through Presidential Decree No. 823 
"On Amendment to Some Decrees of the President  of the Republic of Tajikistan on Marketing of 
Cotton Products" allowing settlements by any mean s agreed to by the buyer and seller, including 
letters of credit.  The mandatory pre-payment a nd repatriation of export proceeds requirements had 
also been eliminated with Preside ntial Decree No. 911 of 26 August 2010 repealing Decree No. 424.       
27. As for capital account transactions, he said that Regulation No. 51 "On the Procedures of 
Carrying Currency Transactions Related to Cap ital Movement" of 16 September 1997 governed the 
usage of foreign exchange for capita l account transactions.  Regardi ng settlement of foreign debt, he 
said that the Department of Foreign Debts in the Mi nistry of Finance had been created in the second 
quarter of 1997 to settle payments a nd debt instruments.  This Depart ment dealt with the restructuring 
and servicing of foreign debt in Tajikistan.   
28. Asked about the circumstances, including the judicial and appeal process, under which a 
foreign account could be frozen in Tajikistan, he re plied that in conformity with Regulation No. 120 
"On the Procedure of Opening and Managing Fore ign Exchange Account", a foreign account could 
only be seized on the basis of a court decision or a reso lution by an investigative agency to this effect.  
The period for which these funds were seized could not exceed the period set for processing the case.  
Decisions to seize or freeze assets could be appealed through the courts.  
- Investment Regime 
29. The representative of Tajikistan said that Law No. 260 "On Investments" of 12 May 2007 
provided the legal framework for all investments in Tajikistan.  The Foreign Investment Law, 
promulgated in 1992, had been eliminated  with the introduction of the new Law.  
30. The 2007 Investment Law guaranteed foreign and domestic investors equal rights without 
discrimination.  No requirements or conditions we re imposed on foreign investment that would not 
equally be imposed on domestic investment.  He not ed that the Law did not impose restrictions in any 
particular sector or area.  However, certain activitie s were subject to licensing pursuant to Law No. 37 WT/ACC/SPEC/TJK/4/Rev.1 
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 "On Licensing of Separate Types of Activity" of 17 May 2004, as amended, and Regulation No. 172 
"On the Peculiarities of Licensing Certain Types of Activities" of 3 April 2007.     
31. Asked to describe the process for commencing fore ign investments in Tajikistan, he said that 
a foreign investor could establish a legal entity in  accordance with the same le gislation applicable to 
domestic investors, i.e. the Law "On Limited Liability Companies", the Law "On Joint Stock Companies", the Law "On State Registration of Legal Entities", and the Civil Code.  The registration 
procedures did not differ for foreign investors, excep t for a requirement to translate foreign documents 
to the Tajik language.   
32. He noted that Tajikistan had sought to impr ove the investment climate and legislative 
framework for foreign capital.  The 2007 Investment Law had lifted a requirement on foreign enterprises to employ at least seventy per cent of their work force locally.  A "preliminary expert 
examination" of all large-scale construction and r econstruction projects with foreign participation had 
also been abolished.  Furthermore, a "scientif ic expert examination" to verify the economic 
appropriateness and technological novelty of all newl y established enterprises had been eliminated 
(Decree No. 453 of 2 September 2010).     
33. Investment incentives, in the form of tax and custom duty exemptions, were granted pursuant 
to Resolution No. 591 of 30 November 2007, the Customs Code (Article 345), the Tax Code 
(Articles 145 and 211), and Article 19 of the Investme nt Law.  Domestic and foreign investors were 
eligible for benefits on equal terms.  Profit tax for all newly established enterprises was waived for a 
period of two to five years.  The length of the ta x waiver depended on the volume of investment.  
His Government offered VAT and custom duty exem ptions to import technology and manufacturing 
equipment and spare parts to develop or to upgrade existing production or to replenish the statutory funds of the entity.  The VAT and custom duty exem ptions accorded to investors were not contingent 
on export performance or local content requirements.     
34. Legal protection was granted to foreign investor s to safeguard tax relief and other benefits 
from any future changes to the legislation.  In th is regard, VAT and custom duty exemptions had been 
granted for capital goods used directly in the pr oduction of goods, works and services by foreign 
enterprises.  Foreign investment in priority ar eas had also benefited from additional tax relief and 
other benefits.  In his view, the benefits accorded pursuant to the Foreign Investment Law were not 
WTO inconsistent and thus no atte mpt had been made to "grandfather" these benefits.         
35. Asked about the restrictions in land use and the constitutional ban on private property, the 
representative of Tajikistan said that as stipulated in  Article 13 of the Constit ution, the State was the  WT/ACC/SPEC/TJK/4/Rev.1 
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 exclusive owner of land in Tajikista n and it guaranteed the efficient use of the land in the interests of 
the people.  Private ownership of land was prohibi ted for both citizens of Tajikistan and foreign 
nationals.  His Government did not have any plans to change this provision of the Constitution.  
On land use, in conformity with Article 10 of th e Land Code, land users coul d be legal or physical 
persons, who could be primary or  secondary land users.  Primary  land users could have land plots for 
an unlimited, short term, or inherited life use.  Secondary land users were legal entities or physical 
persons renting land from primary users.  No restrictions precluded foreigners from becoming 
secondary land users.  In addition, Article 105 of the Land Code specified that if international 
agreements ratified by Tajikistan determined rules ot her than those stipulated by the Land Code of 
Tajikistan, then the rules of the inte rnational agreements would apply.  
36. The representative of Tajikistan added that fo reign natural persons and legal entities could 
obtain primary land use rights without time limit by forming a joint venture with a domestic partner.  
Otherwise, primary land use rights were limited to 50 years for foreigners according to Article 25 of 
the Land Code, and foreign natural or legal persons could not be la nd users with lifetime inheritance 
rights, nor be land users in specially protected areas.  Primary land users could lease the land on 
20-year terms to domestic or foreign users alike.   
37. By 2008, foreign direct investment in Tajikista n had totalled US$770.6 million.  Most of this 
investment had come through investors from the Russian Federation (26 per cent), Kazakhstan (24 per cent), China (9.5  per cent), Cyprus (8.7 pe r cent), Azerbaijan (5.5 per cent), the United States 
(4 per cent), the United Kingdom (3.4 per cent), the Ne therlands (3 per cent), India (1.2 per cent), and 
Switzerland (1 per cent).   
- State Ownership, Privatization and State-trading entities  
38. The representative of Tajikistan said that ente rprises in which the State had a majority 
shareholding were deemed to be State-owned ente rprises.  He presented information on the largest 
State-owned enterprises in Table 2.  These entities were  either wholly or predominantly owned by the 
State and operated in the energy, communication, indu stry or transport sectors.  Of these enterprises, 
TALCO was governed by the Law "On State Enterprises"  while the others were regulated by the Law 
"On Joint Stock Companies".   He added that any purchases or sales by these companies were solely 
based on commercial considerations, including price, quality, availability, marketability, 
transportation and other conditions of purchase or sale.     WT/ACC/SPEC/TJK/4/Rev.1 
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 Table 2: State-Owned Enterprises
 
 
 Name Location Share Sector Remarks 
1 OАО 
Tajiktransgaz 
(formerly GUP 
Tajikgaz) 
 Dushanbe 
 100% 
 Energy 
 Individual restructuring plan 
established by Government Decree 
No. 438 of 27 August 2008. GUP 
Tajikgaz  transformed into joint stock 
company Tajiktransgaz.  Seven 
organizations, former parts of GUP Tajikgaz organized as independent 
joint stock companies. 
2 OAO Barki Tojik  
 Dushanbe 
 100% Energy Individual restructuring plan under 
Government consideration. 
3 OAO Tajik Air 
(formerly GUAP 
Tajik Air)  
 Dushanbe 
 100% Transport Individual restructuring plan 
established by Government Decree 
No. 175 of 3 April 2007. In 
accordance with the Government Decree No. 491 of 1 October 2008, 
GUAP Tajikair has been divided into 
six independent companies. 
4 GUP Rohi Ohani 
Tojikiston 
 Dushanbe 
 100% Transport Individual restructuring plan 
established by Government Decree 
No. 95 of 27 February 2010. 
5 GUP TALKO 
(formerly TADAZ) Dushanbe 
 100% Industry Individual restructuring plan is being 
developed. 
6 AO Tojiktelekom 
 Dushanbe 
 95% Communications Individual restructuring plan 
established by Government Decree 
No. 71 of 3 January 2006. 
7 AO 
Teleradiokom 
 Dushanbe 
 95% Communications Individual restructuring plan 
established by Government Decree 
No. 498 of 1 November 2006. 
8 OAO Tamohush 
 Sughd 
District 100% Industry Individual restructuring plan is being 
developed. 
9 AO Himzavod 
 Sughd 
District 60% Industry Individual restructuring plan is being 
developed. 
10 AO Tajikcement Dushanbe 100% Industry  
 
39. The representative of Tajikistan said that his c ountry had embarked upon fundamental social 
and economic reforms and a transition to a ma rket-oriented economy since independence.  
Privatization of State and municipal (communal) property had been an important objective of the 
medium-term economic strategy of his Government.  Over 10,000 assets had been privatized between 1991 and 2007, including 419 enterprises under the aegis  of the Strategic Privatization Plan for 
2003-2012.  Information on the privatization of State assets is provided in Table 3.      
40. In accordance with the Law "On Privatization of  State Property" of 16 May 1997, citizens of 
Tajikistan and foreign legal or phys ical persons could participate in the privatization of State assets on 
equal terms.  Auctions and tenders  had been organized for the sale of State assets.  Large companies - 
i.e. major companies in the energy, construction,  telecommunication and transportation sectors with  
more than 100 employees, had been privatized by te nder.  In connection with the tender, the buyer  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 11 
 
 
 would typically be expected to fulfil certain terms,  notably to invest in fixed assets to expand output; 
to increase the number of employees; and to intr oduce international accounting standards in the 
enterprise.  The buyer should meet these terms w ithin a period of two years.  Once the commitments 
had been met, the winner of the tender would receive an act on the fulfilment of the agreed terms, and 
the asset would pass into ownership of the buyer.  The State Committee on Investments and State Property Management monitored the compliance with the commitments.  Apart from this monitoring, 
his Government retained no control and had no  role in the operations, decision-making and 
management of privatized companies.  Priv atized entities operated under the same rules and 
regulations as companies that had been privat ely-owned since their inception.        
41. The representative of Tajikistan said that all State-owned enterprises in the mining and 
chemicals sectors had been privatized.  The Governme nt did not retain any management control of the 
privatized mining and chemical enterprises, and they  did not enjoy any special privileges.  As noted 
above, for the enterprises sold by tender, ownership was transferred once the terms of the contract had 
been fully met.   
42. Regarding privatization in agriculture, 91 per cen t of all State-owned agricultural enterprises 
had been privatized, covering all types of agricu ltural activity.  Only enterprises belonging to the 
Academy of Sciences involved in scientific and experimental production, State seeds and pedigree 
farms or agencies, select hybrid centres, stations  and centres for testing new products, nurseries for 
garden plants and experimental an imals, veterinary and plant protection services had not been subject 
to privatization.  In response to a specific questi on, he said that "Rural Technical Supply", a company 
still in State ownership, leased tractors, machinery and equipment to farmers who could not afford to 
purchase the equipment themselves. 
43. Enterprises that had yet to be privatized ar e listed in Table 4.  Fourteen State-owned 
enterprises had been earmarked for privatization unde r the Strategic Privatization Plan.  Individual 
restructuring or privatization plans were being drawn up for the sale of natural monopolies and major 
companies (Tables 2 and 4 (c)).  Foreign participation in the privatization of such companies was still to be determined.       
44. He noted that the State retained a significant stake in the energy sect or.  The enterprise 
"Barki Tojik" was wholly State-owned and produ ced electricity and provided energy transmission 
services.  An individual restructuring plan for "Bar ki Tojik" was being considered by the Government 
but a privatization schedule for the company had yet to be drawn up.   WT/ACC/SPEC/TJK/4/Rev.1 
Page 12  
 
 45. Asked about enterprises not subject to privatiza tion, he said that pursuant to Decision No. 705 
of 30 December 2009, excluded from privatization were :  (i) historic or national heritage sites 
(monuments, museums, national parks, State archives, etc.); (ii) buildings and facilities of the State 
(armed forces, law enforcement agencies, local authorities, customs and tax services, patent, 
standardization, metrology and statistics offices); (iii) the National Bank of Tajikistan and agencies 
responsible for the issue of banknotes and the safek eeping of securities, foreign currency, or gold 
reserves; (iv) the State budget, social protecti on funds and other State funds; (v) environmental 
control, hydro-meteorological, sanitary-epidemiologi cal, veterinary and plant protection agencies; 
(vi) State irrigation systems, water supply and pumping facilities, reservoirs and drinking water 
supply systems; (vii) State mobilization reserves, em ergency and civil defence facilities; (viii) medical 
facilities; (ix) graveyards; (x) "academic theatres"; (xi) materials of the State astronomic-geodesic, 
levelling and gravimetric networks; (xii) enterprises growing, manufacturing or processing plants or 
products containing narcotics and poi sonous substances; (xiii) enterp rises, facilities and equipment for 
the handling of industrial and domestic waste; (x iv) enterprises and facilities for the production, 
processing, research  and handling of radioactive su bstances; (xv) property of the hydro power plants 
"Nurek" and "Rogun"; (xvi) property of the aluminium processing plant "Tajik Aluminium 
Company"; (xvii) enterprises involved in devel oping, manufacturing, repairing and trading of 
armaments, ammunition, explosives and special mate rials or equipment; (xviii) enterprises producing, 
repairing or trading in hunting or sporting fi rearms and ammunition; (xix) scientific/production 
enterprises and facilities of the Academy of Scie nces and the Academy of Agricultural Sciences; 
(xx) State seed and livestock breeding or trial cen tres, farms and inspectorates; (xxi) enterprises 
involved in air traffic and air traffic control; (xxii) postal and courier enterprises; (xxiii) State regulatory agencies in the areas of communication and transport; and (xxiv) television or radio 
broadcast centres (excluding those that could be privatized based on the Decision of the Government 
of Tajikistan).  
46. A Member sought confirmation from Tajikistan that  all State-owned banks, or banks in which 
the State continued to hold an equity stake, operate d on a commercial basis.  In view of the special 
characteristics of Tajikistan's economy, this Memb er noted that State-owned enterprises (including 
banks) providing financial contributi ons would be considered Governme nt actors within the scope of 
Article 1.1(a) of the WTO Agreement on Subs idies and Countervailing Measures and, for the 
purposes of applying Articles 1.2 and 2 of the Agreement, subsidies provided to State-owned 
enterprises (including State trading entiti es) would be viewed as specific if, inter alia , State-owned 
enterprises were the predominant recipients, or r eceived disproportionately large amounts, of such 
subsidies.  In reply, the representative of Tajikis tan said that all State-ow ned banks and banks with  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 13 
 
 
 State equity operated on a commercial basis, and th at the banks did not provide any subsidies on 
behalf of the Government.   
47. The representative of Tajikistan said that the Ministry of Economic Development and Trade 
was responsible for State trading entities and practi ces in Tajikistan.  In accordance with Regulation 
No. 77 of 17 February 2001, the Ministry approv ed the list of State enterprises and joint stock 
companies engaged in commercial activities.  In hi s opinion, the management of State enterprises in 
Tajikistan was in conformity with Article XVII of the GATT 1994 and the Understanding on the 
Interpretation of Article XVII of the GATT 1994.   
48. In response to specific questions, he identified ei ght enterprises (Table 4(c)) trading on behalf 
of the Government or possessing privileges not available to other firms or enterprises, 
i.e. "Tajiktransgaz" formerly "Tojikgaz" (natural g as); "Barki Tojik" (electricity and thermal energy); 
"Naftrason" formerly "Tajiknefteproduct" (importation of oil products); "Tajik Air" (air transport); 
"Rohi Ohani" (railroad transport and terminal services); "TALCO" formerly TadAZ - the Tajik Aluminium Plant; "Tojiktelecom" (telecom); and "Khurokvori" (food processing).  Asked to confirm that these were the only enterprises granted an "exclu sive or special privilege" in purchases or sales 
involving imports or exports, the representative of Tajikistan said that the State-owned Tojik Air, 
Rohi Ohani and Tojiktelecom did not qualify for any exclusive or special privilege in their sales or 
purchases, including import or export operations.  These enterprises engaged in import or export 
activities in a non-discriminatory manner.   
49. He acknowledged that the K hurokvori Food and Processing  Industry Corporation met the 
definition of a State trading enterprise.  Khurokvori had been created in July 1997 pursuant to Government Regulation No. 48.  Khurokvori was Stat e-owned and reported to the Ministry of Energy 
and Industry.  Khurokvori c onsisted of enterprises, associations, organizations, and farms in the food 
processing industry, regardless of the form of ow nership, and had been created to coordinate 
activities, protect rights and to represent the co mmon interests of its constituents.  The specific 
functions and responsibilities of Khurokvori were s tipulated in the Charter of the State Unitary 
Enterprise.  The enterprise carried out marke ting, investment, financial activities, product 
development, technical services and foreign ec onomic activities.  As only State-owned or 
State-controlled joint stock companies were eligible  to engage in importation of ethyl alcohol -  
Khurokvori regulated certain aspects of the production,  turnover, sales, exports and imports of ethyl 
alcohol and alcohol products on be half of the Ministry of Energy and Industry, but was no longer 
authorized to issue licenses for production and im port of alcoholic products .  Moreover, Khurokvori 
no longer regulated the production and trade in t obacco goods, as these activities were now subject to WT/ACC/SPEC/TJK/4/Rev.1 
Page 14  
 
 licensing by the Ministry of Energy and Industry.  In response to a specific question, he said that the 
Ministry merely served as the licensing authority and was not itself engaged in any commercial 
activity.   
50. The representative of Tajikistan confirmed that State-trading enterprises (including 
State-owned and State-controlled enterprises, enterp rises with special or exclusive privileges, and 
unitary enterprises) in Tajikistan would make any purchases or sales, which were not for the 
Government's own use or consumption, solely in accordance with commercial considerations, 
including price, quality, availability, marketability, transportation and other conditions of purchase or 
sale.  He further confirmed that these State tradi ng enterprises would afford the enterprises of other 
Members adequate opportunity, in accordance with  customary business practice, to compete for 
participation in purchases from or sales to Tajikistan' s State enterprises.  He also confirmed that any 
restrictions on exports of materials to ensure es sential quantities of such materials to a domestic 
processing industry would not operate to increase the exports of, or the protection of, such domestic industry.   
- Pricing Policies 
51. The representative of Tajikistan said that pursuant to Decree No. 202 of 26 June 1998 
(replacing Decree No. 310 of 4 May 1995), all form s of price controls had been abolished in 
Tajikistan.  Prices were based on negotiations be tween suppliers and consumers, except for goods or 
services provided by enterprises classified as natu ral monopolies.  Tajikistan did not apply any 
minimum price requirements.   
52. In accordance with Article V of the Decree Law No. 526 "On Natural Monopolies" of 
13 December 1997, the activities of natural monopolies were regulated through price controls.  Prices, 
tariffs or mark-ups were fixed taking into acc ount the costs of production of the goods, works or 
services; taxes and other payments; future inv estment needs and deductions for depreciation; 
forecasted profits; location of consumers relative to  the production facilities; State subsidies and other 
measures of State support; and the quality of the goods, works or services produced by the natural monopolies and their ability to meet consumers' demands in Tajikistan.  
53. The prices charged by natural monopolies were set by, or in consultation with, the State 
Anti-monopoly Agency (formerly the Department  for Antimonopoly Policy and Development of 
Competition in the Ministry of Economic Development and Trade).  The rates for electric and thermal energy were set by the Anti-monopoly Agency.  Tariff s and fares for railways were determined within 
the framework of the CIS unified tariff policy.  Th e Tajik railways approved the rates and tariffs for  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 15 
 
 
 railway transportation only after agreement w ith the State Anti-monopoly Agency.  A similar 
procedure for the approval of airfares had also been established.  All works and services related to air 
transportation were included in the tariffs.  He added that airports facilities, including terminal 
services, were factored into the cost of the air ticket and were not considered separately.  The State Anti-monopoly Agency also approved the rates for the supply of natural gas to all categories of 
consumers in consultation with Tajiktransgaz.  Prices for energy, natural gas, air and rail 
transportation were levied and applied equally for both domestic and export delivery.  The price 
regulations applied by natural monopolies in  Tajikistan are elaborated in Table 5. 
Table 5: Price Regulations
 
Natural 
Monopoly Description Type of 
Regulation Responsible 
Authorities Legislation 
"Barki Tojik" Electricity production 
and transmission 
services, thermal energy Fixed 
tariff  State Anti-monopoly 
Agency; 
Open Stock Company 
"Barki Tojik". Resolution No. 155 of 
the Government of 
Tajikistan of 
2 April 2002. 
"Tajiktransgaz" 
(formerly 
"Tojikgaz") Purchase, transportation 
and supply of natural gas 
via pipelines Fixed 
tariff State Anti-monopoly 
Agency; 
Tajiktransgaz. Resolution No. 44/K of 
the State Antimonopoly 
Agency of 30 December 2005. 
"Tajik Air" 
(formerly SUE 
"Tojikiston") Air transportation 
services - passenger and 
freight, operation of transport terminals and 
airports Fixed 
tariff State Anti-monopoly 
Agency; 
Tajik Air. Resolution No. K/04 of 
the State Antimonopoly 
Agency of 31 January 2006. 
"Rohi Ohani" Rail transportation and 
transport terminal services Fixed 
tariff State Anti-monopoly 
Agency; SUE "Rohi Ohani". Note No. 4/201 of the 
State Antimonopoly Agency of 
22 February 2006. 
Stock 
Company "Tojiktelekom" Telecom and 
communication services Fixed 
tariff State Anti-monopoly 
Agency; Stock Company 
"Tojiktelecom". Decision No. 33/R of 
the State Antimonopoly Agency of 
28 September 2006. 
"Pochtai 
Tojikiston" Postal services Fixed 
tariff State Department 
"Pochtai Tojik".  
 
54. A Member noted that airports in Tajikistan were subdivisions of the State-owned national 
airline, and stressed that airport owners in Ta jikistan should establish separate and non-discriminatory 
tariffs for services, in particular for ground handling.   The price controls on air transportation services 
were also noted.  In reply, the representative of Tajikistan said that only domestic flights were now 
subject to price regulations.  The ownership of ai rports had been transferred to regional authorities 
(Resolution No. 43 of 26 January 200 8).  He added that further liberalization of the aviation sector 
was underway with the restructuring of Tajik Air into six independent enterprises.  WT/ACC/SPEC/TJK/4/Rev.1 
Page 16  
 
 55. A Member requested a commitment from Tajikistan to  apply all price and profit controls in a 
WTO-consistent fashion, taking in to account the interests of exporti ng WTO Members as provided for 
in Article III.9 of the GATT 1994 and in Article VIII of the General Ag reement on Trade in Services;  to 
confirm that price controls would not  be used for purposes of affording protection to domestic providers 
of goods or services; and to publish all price controls, existing or future, in official publications.  
In response, the representative of Tajikistan said that decisions on price controls and regulations were 
published regularly in newspapers and periodicals.  In his opinion, Tajikistan's current pricing policy 
was in full conformity with WTO requirements and pri ce controls would not be used to protect domestic 
producers of goods or services.   
56. The representative of Tajikistan confirmed that upon accession Tajikistan would, in 
regulating tariff rates for goods and for services rend ered by natural monopolies, ensure that natural 
monopolies, in respect of their supplies of goods and services to consumers, recover all costs, 
including a reasonable profit, in the ordinary course of their business.  He also confirmed that, from the date of accession, Tajikistan would apply the pr ice regulations on products and services contained 
in Table [5], and any that are introduced or re-intro duced in the future, in a WTO consistent fashion, 
and take account of the interests of exporting WTO Members as provided for in Article III.9 of the 
GATT 1994.  The Working Party took note of these commitments. 
- Competition Policy 
57. The representative of Tajikistan said that the Law No. 147 "On Competition and Restriction 
of Monopoly Activity in Commodity Markets" of 10 November 2000 set out the basic legal 
framework to restrict and prevent monopolistic activ ity and unfair competition in the goods market.  
Additional legislation was being drafted by the State Anti-monopoly Agency to address existing shortcomings and to advance competition polici es and competition in the markets for goods and 
services in Tajikistan. 
58. The activities of natural monopolies were re gulated by the Law No. 198 "On Competition and 
Control of Monopoly Activities in the Market" of 28 July 2006, Law "On Natural Monopolies" of 
13 December 1997, Regulation No. 75 of 14 Februa ry 2001 and the internal normative acts of the 
State Anti-monopoly Agency (Procedure No. 81 "On the Regulation and Fixing of Prices (Tariffs) or 
their Mark-up Rates" of 24 December 2004, Provision No. 81 "On the Registry of Subjects of Natural 
Monopolies" of 24 December 2002 and Provision No. 76 "On Legal Investigation for Violations of the Law on Natural Monopolies" of November 2002).  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 17 
 
 
 59. Enterprises and activities classified as natural m onopolies in Tajikistan were the Open Stock 
Company "Barki Tojik"; the State Unitary Enterpri se (SUE) "Tajiktransgaz"; the SUE "Tajik Air"; 
the SUE "Rohi Ohani"; the Stock Company "To jiktelekom"; the State Department "Pochtai 
Tojikiston"; and enterprises under the Ministry of Industry producing goods for military purposes.  
All the natural monopolies were wholly State-ow ned, except for Tajiktelekom where a minority 
5 per cent stake had been divested to the private sect or.  To protect consumers' rights, the regulation 
of natural monopolies was carried out through pri ce regulation (Table 5) or, in cases where demand 
outstripped supply, by defining the consumers and the minimal level of services to be provided to them by the natural monopoly.   
60. Asked to define "allowed" and "t emporary" monopolies, he stated that existing legislation did 
not define these terms.  Only "natural monopoli es" had been defined in the Law "On Natural 
Monopolies" of December 1997.   
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative and Judicial Branches of Government 
61. The representative of Tajikistan said that th e Constitution of Tajikistan separated the 
executive, legislative and judicial powers of the Stat e.  The President of Tajikistan was the Head of 
the State and formed and headed th e executive branch of the Govern ment.  The President was elected 
for terms of seven years.  The Constitution had vested wide authority with the President.  
The President had the authority to set the broad dire ction of internal and external policies; represent 
Tajikistan domestically and abroad; establish a nd dissolve bodies of executive power; appoint and 
dismiss officials, including members of the Gove rnment, heads of admini strative bodies, heads of 
local authorities and judges.  Based on, and in pursuance of, the Constitutio n and constitutional laws, 
the President also had the authority to issue new decrees and cancel or suspend the implementation of 
acts issued by the Governmental authorities if they were not in conformity with the Constitution.  
62. The Government, as appointed by the President , consisted of the Prime Minister, the first 
deputy minister and deputy ministers, minist ers and chairpersons of State committees.  
The Government was vested with executive aut hority in Tajikistan a nd was responsible for 
administering the country by implementing the laws and decisions of the Majlisi Oli (Parliament) and 
the decrees or instructions of the President of Ta jikistan.  The President of Tajikistan outlined the 
principal guidelines of foreign and trade policy wh ich was then implemented by the Government 
through Ministries and other agencies under the Government.  The Ministry of Economic Development and Trade played a leading role in  the development and implementation of economic WT/ACC/SPEC/TJK/4/Rev.1 
Page 18  
 
 and trade policies in Tajikistan.  The Ministry was assisted in these functions by the Customs 
Authority, the National Bank and commercial banks.  
63. Legislative authority in Tajikistan was exercised  by the Majlisi Oli (Parliament).  The Majlisi 
Oli consisted of two chambers - the Majlisi Milli (upper chamber) and the Majlisi Namoyandagon 
(lower chamber).  The Majlisi Milli had 33 members,  of which 25 members were elected through an 
indirect secret ballot by the deputies of oblasts, c ities and districts; and the remaining eight members 
were appointed by the President.  The Majlisi Na moyandagon consisted of 63 elected deputies.  
The term of office of representatives of the Majlis  Oli was five years.  The Majlisi Namoyandagon 
had the authority to approve programmes proposed by the Government; to ratify or reject Tajikistan's 
accession to international agreements; to set up refe rendums; to establish courts; and to approve the 
State symbols and awards.  The right to initiate legislation was given to members of the Majlisi Milli, 
deputies of the Majlisi Namoyandagon, the President of  Tajikistan, the Governme nt of Tajikistan, and 
on some issues to the Constitutional Court, the Supreme Court and the High Economic Court.  
Bills were examined in the rele vant committees or commissions be fore being considered in the 
Majlisi Namoyandagon where the bills could be appr oved or rejected.  The laws passed by the Majlisi 
Namoyandagon and approved by the Majlisi Milli we re sent to the President for signature and 
publication within one week of their approval.  The representative of Tajikistan updated the Working 
Party on progress in legislative reform and the outl ook for further reforms in legislative action plans 
(document WT/ACC/TJK/7 and its Revisions).  
64. In accordance with Article 84 of the Constitution,  judicial power in Tajikistan was exercised 
by a system of courts which included the Constitutional Court; the Supreme Court; the High 
Economic Court; the Court of Military Justice; the courts of the Gorno-Badakhshan Autonomous 
Oblast (GBAO), the oblasts and Dushanbe; town and district courts; and the economic courts of the GBAO, the oblasts and Dushanbe.  The Constitutional Court ruled on matters directly related to or 
defined by the Constitution and se ttled disputes between State bodies.  Decisions of the Constitutional 
Court were final.  The Supreme Court was the highest judicial body carrying out judicial reviews of the subordinate courts on civil, criminal, admi nistrative and other cases.  The High Economic Court 
was the highest judicial body for dispute settle ment on economic and other cases under consideration 
by the economic courts.  The High Economic Court also carried out judicial reviews of the 
subordinate economic courts.  In economic disputes, any person, incl uding foreign physical and legal 
persons, had the right to redress violated or disput ed rights and legal interests through the submission 
of a claim with supporting documents.  Legal pr oceedings in economic c ourts were based on the 
principle of equality of all parties.    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 19 
 
 
 65. Asked to elaborate on the concept of "economic  disputes", whether it would include disputes 
between a private entity and the State (or a St ate-owned entity), and whether it would include 
intellectual property disputes, the representative of  Tajikistan said that Chapter 4 of the Code 
"On Economic Court Proceedings" of 2008 set out th e jurisdiction of the economic courts and as 
economic disputes were defined by the parties to the dispute rather than by the subject matter, 
disputes related to intellectual property could, accord ingly, be addressed either at the economic or the 
ordinary courts.  Disputes in the economic courts of first instance we re considered individually except 
for bankruptcy cases which were considered collec tively.  Cases were normally considered and 
cleared by the economic courts within two months of  the claim.  Decisions of an Economic Court of 
first instance could be appealed against provide d the appeal was lodged within one month of the 
court's decision.  Appeals were considered within one month of their receipt.  The High Economic 
Court examined the legality of the decisions made  by the Economic Court of first instance and the 
appeal courts.  Decisions of all economic courts, ha ving entered into force, could be reconsidered by 
the Plenum of the High Economic Court if there was an objection raised by the Chairperson of the High Economic Court or the General Prosecutor. 
66. Actions of the State relating to the exercise of  governmental authority could be challenged in 
the courts.  Administrative procedures available to importers and exporters c ontesting the decisions of 
customs, tax and standards bodies in Tajikistan were regulated and governed by the Code 
"On Administrative Violations" and Chapter 7 (in pa rticular Article 46) of the Customs Code of 
December 2004, Chapter 11 (in particular Article 101.1) of the Tax Code of December 2004, and 
Article 9 of the Law "On Certification of Goods and Services" of 1996.  Asked to describe the 
administrative appeal process for matters covered by the WTO,  he said that pursuant to the Law 
"On Administrative Proceedings", any party to an administrative proceeding had the right to appeal 
against any decision or action - including the failure to act – by an administrative authority or its 
officials.  For example, an appeal  against a decision by the customs authority or its officials could be 
lodged to the second instance authority (head of the relevant department) within the customs 
administration.  Appeals could be channelled dir ectly to a higher ranking official (first instance 
authority) if heads of department themselves were th e subject of appeal.  Appeals had to be filed in 
writing, and depending on the case, were usually lodged  by the appellant within a month of a decision 
or communication from the authorities.  The total time for addressing complaints could not exceed two months.  The appeal procedures applied acr oss the board to any administrative proceeding 
involving customs, tariffs, licenses, TBT/SPS; services; and issues concerning the protection of intellectual property.  Resort to administrative procee dings did not, at any stage, preclude the right to 
directly appeal to the prosecutor's office and/or to the courts.  He added that there were no specialized WT/ACC/SPEC/TJK/4/Rev.1 
Page 20  
 
 administrative courts, as cases were referred to comme rcial courts or courts of  general jurisdiction.  
The court of last appeal for administrative matters was the Supreme Court of Tajikistan.      
67. The representative of Tajikistan confirmed that from the date of accession Tajikistan's laws 
would provide for the right to appeal administrativ e rulings on matters subject to WTO provisions to 
an independent tribunal in conformity with WTO obligations, including those set out in Article X of 
the GATT 1994, Article 23 of the Agreement on Su bsidies and Countervailing Measures, Article 11 
of the Agreement on Implementation of Article V II of the GATT 1994, Article 62 of the Agreement 
on Trade-Related Aspects of Intellectual Property Rights and Article VI of GATS.  The Working 
Party took note of this commitment. 
68. The representative of Tajikistan confirmed that  upon the conclusion of Tajikistan's accession 
negotiations, the relevant texts adopted by the WTO membership would be signed by the President or 
a member of the Government.  The accession package would then be subject to ratification by the 
Majlisi Oli before Tajikistan's Accession Protocol could enter into force.  The WTO Agreements, 
once ratified by Tajikistan, would become part of the domestic le gislation and WTO provisions would 
be enforceable in the economic courts.  In cases of c onflict, the provisions of international treaties or 
agreements would supersede domestic laws.  The ec onomic courts could also use foreign legislation 
in some cases.  According to Article 11 of the Economic Procedural Code, the economic courts could 
apply the laws of other countries if this was referred  to under Tajikistan's la w or in any international 
agreements of Tajikistan.  Furthe rmore, Article 12 of the Economic Procedural Code stated that if a 
foreign law was applied, the Economic Court de termined the law's cont ent and norms, and its 
application in accordance with the foreign law's in terpretation and application in the foreign country 
in question.   
69. If not otherwise provided for in international agreements, disputes between foreign investors 
and the State were always referred to the cour ts in Tajikistan.  In  accordance with the 2007 
Investment Law, foreign investors and domestic en tities had the right to settle disputes through a court 
of arbitration if the terms of the agreement be tween the disputing parties allowed for this.  
The agreement could be either in the underlying inv estment contract, or the disputing parties could 
subsequently reach an agreement to refer a particular  dispute to a court of arbitration.  Investment 
disputes could also, to the extent possible, be reso lved through negotiations between the parties or be 
referred to the Tajik courts or an international arbitr ation court.  If agreed to with the other parties, 
foreign investors could specify in the contract or written agreement that arbitral proceedings be held 
under foreign jurisdiction.  In su ch instances, the economic courts in Tajikistan would only perform 
certain procedural actions.  For arbitration proceedin gs in Tajikistan, the Court of Arbitration would  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 21 
 
 
 be created (regulated by Law No. 344 "On Arbitration Courts" of 5 January 2008 and Rules 
"Of Arbitration Courts" of 14 April 2008).  An ar bitration panel would be established by the disputing 
parties and would consist of three judges.  Decisi ons taken by the Court of Arbitration would be 
implemented voluntarily within the parameters and timeframe set forth in the arbitration decision.  
In case either of the parties failed to observe th e court's decision, the High Economic Court could 
issue a receiving order that was mandatory.  The Court of Arbitration was not a sitting court, but an ad 
hoc court, and to date, no Court of Arbitrati on had ever been established in Tajikistan.   
70. He added that Tajikistan was planning to a dopt the New York Convention on the Recognition 
and Enforcement of Foreign Arbitral Awards.  Th e recognition and execution of a foreign arbitration 
award could the denied - in part or in full - wh en it contradicted "public policy" or on grounds 
envisaged in an international act recognized by  Tajikistan (Article 223 of the Code on Economic 
Court Proceedings).  In response to a specific query on what constituted "public policy", he noted that 
Article V.2 of the New York Convention and Article 36 of the UNCITRAL Model Law gave a 
country the right to decline the recognition of an arbitral award on the grounds of "public policy".  
However, neither the legislation of Tajikistan nor  any international forum fully defined the term.  
Under these circumstances, "public policy" could be understood to mean the complete legal system of 
Tajikistan based on fundamental principles of indepe ndence, integrity, sustai nability and inviolability 
of fundamental constitutional rights, freedoms and safeguards.  He added that there had been no 
precedents of foreign arbitration awards bei ng declined on these grounds in Tajikistan.   
- Authority of Sub-Central Governments 
71. The Majlis of the Gorno-Badakhshan Autonomous Oblast (GBAO) had the right to initiate 
certain legislation and fix rates and exemptions of local taxes, duties and fees transferred to the local 
budget in line with Article 12 of the Cons titutional Law "On Gorno- Badakhshan Autonomous 
Oblast".  While the types and rates of local ta xes were determined in accordance with the 2004 Tax 
Code, all other trade policy issues were determined by the Central Government.  He clarified that on 
matters of legislation and enforcement of policies affecting trade and the protection of intellectual 
property rights, all promulgated la ws, regulations, resolutions, Presidential decrees and international 
legal obligations accepted  by Tajikistan, applied to the whole territory of the Republic of Tajikistan, 
including the GBAO, if not stated otherwise in the legislation.  There were no predetermined cases 
where laws and regulations were not applied in the GBAO.  He confirmed that pursuant to Article 16 
of the Constitutional Law "On Gorno-Badakhshan Autonomous Oblast", in cases of conflict between 
the laws of Tajikistan and those of the GBAO, the legislation of Tajikistan would have precedence.  WT/ACC/SPEC/TJK/4/Rev.1 
Page 22  
 
 There were no other sub-central authorities or gove rning entities in Tajikistan that had status or 
powers similar or identical to those granted to the GBAO. 
72. The representative of Tajikistan confirmed th at sub-central entities had no autonomous 
authority over issues of subsidies, taxation, tr ade policy or any other measures covered by WTO 
provisions.  He confirmed that the provisions of the WTO Agreement, including Tajikistan's Protocol, 
would be applied uniformly throughout its custom s territory and other territories under its control, 
including in regions engaging in border trade or fr ontier traffic, special economic zones, and other 
areas where special regimes for tariffs, taxes and regulations were established.  He further confirmed that when apprised of a situation where WTO provisi ons were not being applie d or were applied in a 
non-uniform manner, the central authorities would act  to enforce WTO provisions without requiring 
affected parties to petition through the courts.  The Working Party took note of these commitments. 
IV. POLICIES AFFECTING TRADE IN GOODS  
- Trading Rights 
73. The representative of Tajikistan said that legal en tities in any form provided for in Tajikistan's 
Civil Code - whether sole proprietorships, joint ve ntures, corporations and limited liability companies 
- could be established by both domestic and foreign nationals.  Natural persons  - domestic or foreign - 
could be established as individual entrepreneurs.  The main regul ations governing business entity 
formation were outlined in Chapter 4 (A rticles  48-135) of the Civil Code.   
74. The procedure for State registration was set out  in Law No. 508 "On State Registration of 
Legal Entities and Individual Entrepreneurs" of  19 May 2009 (replacing Law No. 5 "On State 
Registration of Legal Entities" of 22 April 2003).  Legal entities were expected to approach the 
registration body and initiate their State registration within one month of incorporation.  To register, 
businesses submitted an application with supporting doc uments in duplicate, i.e. the decisions on the 
establishment of the legal entity; documents  on the authorized capital of the company 
(where stipulated by legislation); information on the founder(s); an extract  from the single State 
register should the founder(s) be an existing legal en tity; and a receipt or copy of the payment order 
for the State duty.  Registration procedures for indivi dual entrepreneurs were similar to those for legal 
entities except that foreign entrepreneurs were re quired to submit a copy of document(s) certifying 
their right to reside and operate commercially in  Tajikistan (visa, registration card or residence 
permit).  Although registration was not automatic, th e registration body would normally complete the 
process within five days of receipt of the applica tion for legal entities and three days for individual 
entrepreneurs.  Company registration was not linke d to any specific investment requirement beyond  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 23 
 
 
 the minimum statutory fund of a Tajik company stipulated by law (with proof of funds submitted 
within a year of registration).  The registration re quirements for domestic and foreign investors were 
the same except that enterprises with foreign par ticipation were required to translate their foreign 
documents into the State language of Tajikistan.  Law No. 586 "On State Duties" of 12 January 2010 had eliminated the differential in the registration fees for domestic and foreign firms or individuals.  
The State duty for registration of legal entities was now 25 times the minimum monthly wage or 
calculation unit.  The calculation unit or minimu m monthly wage in June 2010 was 35 Somoni or 
US$8.  The registration fees for individual entrepre neurs operating within Tajikistan (without the right 
to employ other persons) was 35 Somoni (US$8); and 70 Somoni (US$16) for those operating in 
Tajikistan and overseas with the righ t to employ other persons.   
75. Registration requirements for import and export ope rations had been eliminated with the entry 
into force of Law No. 3 of 24 February 2004, which had amended the La w "On Foreign Economic 
Activity" of 27 December 1993.  Tajikistan had repeal ed the registration requirements, in particular 
the "certificate of participant" and the applicati on for a certificate based on a "registration card", as 
part of the domestic reforms to accede to the WTO.   
76. Pursuant to these reforms, any legal or natural person - domestic or foreign - registering for 
business in Tajikistan had the unrestricted right to be  the importer or exporter of record and, in the 
case of an importer, had the unrestricted right to distribute the imports or to sell the imported goods to any legal or natural person with the right to distri bute them.  The importer of record was responsible 
for the payment of duties and securing any licenses needed for importation.   
77. Some Members noted that the right to be the im porter of record appeared to be contingent on 
commercial presence in Tajikistan.  A Member a dded that disciplines on trading rights, based on 
Articles III and XI of the GATT 1994, gave non-reside nt firms or individuals the right to import 
subject to minimal registration requirements (e.g. for purposes of collecting duties or taxes) that did 
not serve as barriers or significant costs to forei gn products.  Tajikistan was asked to elaborate its 
plans to remove the commercial presence requireme nt for foreign individuals and legal entities.  
Tajikistan was also asked to explain the mini mum statutory fund requirement for company 
registration, especially for non-resident firms that onl y sought to import its products into Tajikistan.  
78. In response, the representative of Tajikistan said that foreign individuals and legal entities 
wishing to import as the importer of record woul d need to either establish and register their 
commercial presence in Tajikistan; or declare the imported goods through a customs broker.  
The minimum statutory fund requirement did not apply to non-resident companies that channelled imports through a customs broker without maintain ing commercial presence in Tajikistan.  He added WT/ACC/SPEC/TJK/4/Rev.1 
Page 24  
 
 that Tajikistan was reviewing its foreign trade legi slation, including commercial presence, with a view 
to bringing it into compliance with WTO rules and disciplines prior to accession to the WTO.       
79. Regarding customs brokers, he said that specialists  on customs clearance had to be registered 
and listed in the Register of Customs Brokers.  The registration criteria, requirements and process 
were outlined in Chapter 15 (Articles  140-142) of  the Customs Code.  Indi viduals with the necessary 
competence certificate and qualifications were include d in the register for free.  Legal entities had to 
submit a written application, with supporting doc uments, to the relevant customs authority for 
registration in the Register.  Applications were pr ocessed within thirty days, and successful applicants 
were issued a certificate of registration.  In respon se to a specific query, he added that there were no 
circumstances which required imports to be exclusively handl ed by a broker to be allowed entry.           
80. The representative of Tajikistan said that lega l entities or natural persons resident in 
Tajikistan and engaged in import, export or any entrepreneurial activity needed an Identification 
Taxpayer Number (ITN) issued by the Ministry of  State Revenues and Taxes.  The ITN was issued 
for tax collection purposes only.  Articles  45-46 of the Tax Code of 3 December 2004 set out the 
procedures to obtain an ITN.  The ITN was issued against submission of the application form, a copy 
of the verified State registration certificate, and documents confirming the est ablishment of the legal 
entity, or passports (for natural persons).  The pro cedures were the same for all legal entities or natural 
persons, domestic or foreign.  He added that non-resident foreign exporters did not need an ITN as 
long as the importer in Tajikistan had an ITN. 
81. The representative of Tajikistan noted that about forty five activities (Table 6(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 Sept ember 2005).  As the activities were defined 
broadly, and mostly related to the production of goo ds and services, the licence would also entitle the 
holder to engage in importing or exporting, if  relevant, as no distinction was made between 
production, distribution or commerce.  Informa tion on the application and supporting documents 
needed for licenses (for importing tobacco and other products subject to Law No. 37) is listed on pages 6-7 of WT/ACC/TJK/19.  Any legal or natu ral person could apply, but foreign firms or 
individuals needed to maintain commercial presence in Tajikistan to obtain a licence.  The procedures 
and the authorities responsible for the issue of the licenses varied acco rding to the activity.  The fees 
for processing and issuing activity licenses, including those on imports and e xports, were set out in 
Regulation No. 172.  Imported products subject to activity licensing are listed in Table 6(b).    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 25 
 
 
 82. In addition to Law No. 37 and Regulation No . 172, trade in pharmaceuticals and medical 
goods were governed by Resolution No. 204 "On the Rules of Import and Export of Medicines, 
Medical Products, Narcotics, Psychotropic Substan ces and Precursors Applicable in Medicine" of 
2 April 2009.  An activity licence for pharmaceuticals issued by the Ministry of Health was required 
to allow the holder to engage in importation and ex portation of medicines and medical products.  Only 
legal persons could be issued the licence.  The ma nufacturer and the medical product needed to be 
registered in Tajikistan to obtain the activity licence.   The procedures were the same for domestic and 
foreign enterprises.  A list of the documents require d to obtain registration of medical products was 
provided in document WT/ACC/TJK/15 Annex IV.  Pharmaceuticals were assessed on the basis of their effectiveness, safety and quality.  The licen ce for pharmaceutical activities required the State 
registration of the legal entity, the ITN,  the re cruitment and training of the necessary experts, the 
facilities and equipment to engage  in medical activities, and the supporting documents specified in 
Regulation No. 172.  The time and supporting documen ts required to register medical products varied 
with the type of product and could take two to six months from the date of application.  The product 
registration was valid for five year periods and coul d be extended.  Any quantity of the product could 
be imported once the registration procedures had been completed and the activity licence had been 
issued.  Pharmaceuticals and medical equipment could also be imported without registration in 
emergency situations.   He added that the licen sing procedures for the importation and exportation of 
biologically active substances were the same as that  for medicines.  Importation of chemical agents 
and biological preparations had to be accompanied by a "certificate of conformity" issued by the 
producer.  Manufacturers and suppliers of these produ cts had to guarantee output through submission 
of normative and technical documents to the Commission of Chemical Security.     
83. Trade and circulation of precious metals and stones were regulated by Resolution No. 215 
"On Procedures of Purchase and Sale, Export and Import of Precious Metals, Precious Stones and 
Raw Stock, Goods Containing Precious and Nonf errous Metals" of 6 May 2006 and Resolution 
No. 172.  Activity licenses delivered by the Minist ry of Energy and Industry were required for 
recuperating, processing and the sale of scrap and w aste of ferrous and non-fe rrous metals; refining 
precious metals; and recuperating precious stones. The Ministry of Finance issued the licenses for the 
purchase and wholesale and retail trade of jeweller y and other goods made of precious metals and 
stones and related scrap.   
84. A Member asked Tajikistan to explain the rationale for requiring activity licenses, by 
definition available only to firms loca ted in Tajikistan, as a prerequisite for the right to import.  This 
Member said that linking an activity licence w ith the right to import would appear to place a 
restriction on imported goods.  Tajikistan was re minded of the distinction between licensing for WT/ACC/SPEC/TJK/4/Rev.1 
Page 26  
 
 distribution (which was separate from importation), and was asked to explain whether any legitimate 
objectives could not equally be served by de-linking the activity licence from the right to import, and 
maintaining a requirement that imports may only be destined to be distributed by a Tajik possessing 
the appropriate activity licence to store or distribu te the product.  On the activity licence fees for 
alcohol and other products set out in Table 6(b), this  Member noted that the fees appeared to include 
profits for importers.  Tajikistan was requested to modify the fees to approximate the cost of the 
services rendered in line with Article VIII of GATT 1994.  In response, the representative of 
Tajikistan said that Tajikistan was re viewing its foreign trade legislation, with a view to bringing it 
into compliance with WTO rules and disciplines.  Tajikistan would separate activity licensing from 
the right to import and introduce cost-based fees by  amending the relevant  regulations prior to 
accession.  Import licensing would be de-linked from activity licensing.  Proposals to this effect were 
in preparation to be finalized over the course of 2010.           
A. IMPORT REGULATION 
- Ordinary customs duties 
85. The representative of Tajikistan said that the Customs Code of 3 December 2004, entering 
into force on 1 January 2005, had replaced Law No . 744 "On Customs Tariff" of 14 May 1999 as the 
legal basis for the formulation and application of  custom duties.  In accordance with Regulation 
No. 44 of 5 February 2003, the tariff nomenclature used by Tajikistan was the ten digit Euro Asian Economic Community (EAEC) Commodity Nomenc lature of Foreign Economic Activities.  
The EAEC classification was based on, and conformed with, the Harmonized Commodity Description 
and Coding System (HS) 2002.  He added that Ta jikistan planned to adopt HS 2007 before accession 
to the WTO, and would establish its Goods Schedule in this nomenclature.     
86. Tajikistan applied import duties on a most favour ed nation (MFN) basis at rates determined 
by the Majlisi Oli.  The practice of levying import du ties at twice the MFN rate when the country of 
origin of the imported commodity was not identif ied, or for commodities imported from countries 
with whom trade and political relations did not prov ide for the application of MFN duties, had been 
discontinued pursuant to Resolution No. 450 "On Cust oms Tariff" of 25 October 2003.  Tajikistan did 
not intend to discriminate among "like" products in its bound rates even though Tajikistan's EAEC 
nomenclature contained tariff line descriptions b ased on geographical names.  He stated that 
Tajikistan's tariff structure would be brought into compliance with GATT/WTO requirements, 
including the MFN principle, by th e date of accession to the WTO.    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 27 
 
 
 87. Tajikistan applied ad valorem , specific and compound duties.  Ad valorem  import duties were 
currently applied in tariff bands of 0, 2.5, 5, 10  and 15 per cent.  These rates, set out in Resolution 
No. 450, had superseded and replaced a unified tariff of 5 per cent applied provisionally as per Decree 
No. 187 of 30 April 2002.  Non ad valorem  duties applied by Tajikistan were set out in Annex I of 
Resolution No. 450.  Specific duties applied to 224 products (in HS Chapters 22, 24 and 87) and 
accounted for about 2 per cent of all tariff lines.  Tajikistan was modernizing its customs services and 
in this regard, a website was being set up by the Cu stoms Authority.  The website would post relevant 
information on the existing customs a nd tariff policies of Tajikistan.   
88. Seasonal duties could be applied for the regula tion of imports and exports.  In accordance 
with Article 343 of the Customs Code, seasonal duties could be applied in lieu of, and by suspending, 
the application of the existing customs duties.  S easonal duties could not be levied for more than 
six months in a year.  Tajikistan had no plan s to apply seasonal duties to industrial goods.  
Agricultural products on which seasonal duties could be applied would be indicated in Tajikistan's 
tariff offers and the application period would be notifie d in advance.  He stated that Tajikistan had so 
far not resorted to the use of any seasonal duties.   
[Tajikistan's submitted its initial goods offer in February 2004.  The latest revised offer of 
September 2010 is available for consultation (see notice in document WT/ACC/SPEC/TJK/1/Rev.4).  
The Customs Tariff of October 2003 is avai lable for reference (see notice in document 
WT/ACC/TJK/3/Add.1). ] 
- Other duties and charges 
89. The representative of Tajikistan said that Tajikis tan did not levy any other duties or charges 
within the meaning of Article II.1(b) of the GATT 1994.   
90. The representative of Tajikistan recalled that Ta jikistan had bound all tariffs in its Schedule of 
Concessions and Commitments for Goods.  He confirmed that from the date of its accession 
Tajikistan would not apply other duties and charges within the meaning of Article II.1(b) of the 
GATT 1994 and would bind such other duties and charg es at zero in relation to all products included 
in its Schedule of Concessions and Commitments fo r Goods.  The Working Party took note of these 
commitments. 
- Tariff rate quotas, tariff exemptions 
91. The representative of Tajikistan said that Artic le 345 of the Customs Code exempted from 
custom duties (i) domestic or foreign currenc y and securities, except for numismatic purposes; WT/ACC/SPEC/TJK/4/Rev.1 
Page 28  
 
 (ii) precious metals (gold, silver, platinum, pa lladium, rhodium, iridium, ruthenium and osmium) 
imported by the National Bank of Tajikistan and these precious metals and precious stones (processed 
or rough diamonds, sapphires, emeralds, rubies, alex andrite, pearls and spenels) imported by an 
authorized State financial body on behalf of the St ate depositary of values; (iii) goods as humanitarian 
aid transferred free of charge to State agencies of Tajikistan; (iv) medicines, agricultural equipment 
and components, as identified and listed by the G overnment; (v) goods for target projects, approved 
by the Government of Tajikistan, and funded by gr ants, credits or loans from individuals, foreign 
States or governments, or international organizati ons; (vi) goods for the construction of objects of 
special importance for the social and economic de velopment of Tajikistan.  The list of goods was 
determined by the client and ge neral contractor, and approved by a special Resolution of the 
Government and involved no discrimination agains t imports or goods produced domestically by 
foreign-owned firms; and (vii) manufacturing or  technological equipment and essential components, 
used directly in the production of goods, work s and services by newly established, refitted or 
renovated enterprises in accordance with procedures of  the Government of Tajikistan.  Goods subject 
to excise tax were not covered by this exception.   Personal property impor ted into Tajikistan by 
foreign employees was also not exempt from duties.  He added that custom duties would be collected, 
as applicable, in case of the liquati on of an enterprise, or the non-usage or sale of the equipment by 
the enterprise within four years of import.   
92. On tariff quotas, he said that the 2004 Customs Code had revoked provisions in the Law 
No. 744 "On Customs Tariff" envisaging the use of tariff quotas.  Tariff quotas had never been 
applied in practice in the regulation of foreign trade in Tajikistan.  
93. The representative of Tajikistan confirmed that any changes in the application of tariff quotas 
and tariff exemptions would be undertaken in a tr ansparent and consultative manner.  The Customs 
Authority was responsible for implementing custom s policies, and would inform and consult with 
interested parties on these issues.  The Customs Au thority had established an Advisory Committee for 
Participants of Foreign Economic  Activities for this purpose.   
- Fees and charges for services rendered 
94. The representative of Tajikistan said that Article  348.2 of the Customs Code stipulated that 
"customs fees shall be limited to the cost of th e services provided and should not provide an indirect 
protection for domestic products or taxation of imports for fiscal purposes".  Article 347 of the Code 
enumerated customs fees in the form of (i) fees for customs clearance; (ii) fees for customs escort; 
(iii) fees for the storage of goods in customs wa rehouses according to the requirements outlined in 
Chapter 25 (Articles  215-233) of the Code; and (iv) fees for the issue of a qualification or  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 29 
 
 
 competence certificate for specialists on customs cl earance.  Customs brokers were required to follow 
a one month course and pass a qualification exam to obtain a certificate of competence delivered 
pursuant to Article 147 of the Customs Code.  In r esponse to a specific questi on, he added that the 
customs escort fee was applied in certain high-risk cases or for failure to provide financial guarantees.  The escort requirement no longer applied to goods tr ansported by trucks with  TIR carnets or goods 
transported by railway.   
95. The representative of Tajikistan said that an ad valorem  fee of 0.15 per cent of the customs 
value for the customs clearance of goods and ve hicles, established pursuant to the 1995 Customs 
Code, had been replaced by a customs clearance ch arge levied in accordan ce with Resolution No. 472 
"On Approval of the Rates of Customs Fees for Rendering Customs Services" of 2 December 2005.  
The fees and charges effective as of 1 January 2006 are enumerated in Table 7.   
Table 7:  Customs Fees
 
No. Type of Service Fee US$ 
1. The customs fees for customs clearance of goods and 
transport means, the customs cost of which amounts to: 
- up to US$5,001 
- from US$5,001 up to US$10,001 
- from US$10,001 up to US$50,001 - from US$50,001 up to US$100,001 
- from US$100,001 up to US$500,001 
- from US$500,001 up to US$1000,001 - from US$1000,001 and up  
 
10 
20 
70 
150 
400 
800 900 
2. Fees for customs escort of goods and transport means 
(for 10 km) 3  
3. Fees for storage of goods in customs warehouses: 
- transport means, for a unit per day - goods, for 1 kg per day  
1 
0.01 
4. Customs fees for issue of a qualification certificate of a 
customs clearance specialist  
50 
 
96. Some Members noted that Tajikistan had abolished the 0.15 per cent ad valorem  customs 
clearance fee and replaced it with a new fee structur e that was nevertheless based on the value of the 
item cleared and not on the administrative cost of cu stoms clearance.  Tajikistan was asked to justify 
the new fee structure and explain how it accorded  with the principle of Article VIII of the 
GATT 1994.  In reply, the representative of Tajikistan said that the current fee structure was similar to 
the structure applied in other countries.  The cust oms escort fee covered the fuel, maintenance and 
depreciation costs of the escort vehicle and the salari es of the escort staff.  Fees for the storage of 
goods in customs warehouses was based on the salaries of  the security staff, and the electricity and 
general maintenance costs for the upkeep of the warehouses.  Based on research conducted, Tajikistan 
had replaced the ad valorem  customs clearance fee with a minimum (US$10) and a maximum WT/ACC/SPEC/TJK/4/Rev.1 
Page 30  
 
 (US$900) fee.  This fee structure, in his view, approximated the costs of services rendered.  
The collections from the customs clearance fee were  used for developing and maintaining customs 
infrastructure, "financial stimulation" and insurance of customs staff, and improving the housing or 
living conditions of the customs authorities.  The fee was levied on both imported and exported products with no exemptions based on the natu re or the origin of the good.       
97. In response to questions on  State duties, he not ed that these duties applied at specific rates set 
out in Article 4 of the Law "On State Duty" of 28 Fe bruary 2004.  State duties were charged for legal 
actions or for the issue of documents by authori zed bodies (e.g. for claims and court applications, 
notary services, State registration of marriages/divor ces, citizenship documents, legal actions by the 
Ministry of Justice etc.).  These duties were not  specifically levied for customs documents or 
clearance, applications for import or export licenses, or  for any other import or export related activity.   
- Application of internal taxes to imports  
98. The representative of Tajikistan said that intern al taxes were applied in accordance with the 
Tax Code of 3 December 2004.  Imports and domes tically produced goods were subject to excise 
taxes and Value Added Tax (VAT).  The excise duty regime was based on Resolution No. 153 of 
31 March 2003 and Decree No. 126 "On Excise Tax Ra tes for Particular Goods Manufactured and 
Imported in the Territory of the Republic of Tajik istan" of 2 April 2005.  Effective 1 May 2003, 
identical duty rates were levied on domestically -produced and imported goods.  The tax base for 
excise duty on imported goods was the customs value, as determined by the customs authorities, plus 
import duties and any border taxes payable to import the goods; while the tax base for domestic goods 
was the compensation, i.e. price (cash or kind) received or expected, exclusive of VAT, sales or 
excise tax.  The tax rates and goods subject to excise duties are listed in Table 8.   
99. Some Members noted that Tajikistan levied diffe rent excise tax rates on brown spirits relative 
to other distilled spirits and requested a justificati on for such differential treatment of similar ("like") 
products.  The representative of Tajik istan considered brown spirits di stinct from other distilled spirits 
in terms of the production processes, costs and c onsumption patterns.  These Members did not share 
this view and urged Tajikistan to eliminate th e discrimination in the tax treatment of distilled 
alcoholic beverages on the basis of colour.  In response, the representative of Tajikistan said that 
Decree No. 189 of 30 March 2010 had equalized th e excise tax rate for vodka (HS 220860) and 
"spirits obtained by distilling grape wine or grape marc" (HS 220820), including cognac.   
100. The representative of Tajikistan said that goods an d services were subject to VAT, levied at a 
single rate of 18 per cent.  The tax base for imports was the customs value inclusive of customs duties,  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 31 
 
 
 excise tax (if applicable), and customs service charge s levied at the border.  The tax base for domestic 
goods was the compensation, i.e. price (cash or ki nd) received or expected, and any dues, taxes or 
charges, including excise tax but excluding VAT and sales tax.  VAT was applied on an MFN basis to 
imports from all trading partners.  Exports to all destinations were zero-rated to avoid double taxation 
of Tajik exports.  He was not aware of any State applying VAT to goods exported to Tajikistan. 
101. VAT exemptions on the supply of goods and services were provided in accordance with 
Article 211 of the 2004 Tax Code for (i) the tran sfer or lease of immovable property used for 
entrepreneurial purposes and the sale, transfer and re nt of real estate, except for hotel accommodation, 
holiday homes and newly constructe d homes less than two years old;  (ii) the provision of financial 
leasing services; (iii) foreign or national currenc y and securities, except for numismatic purposes; 
(iv) religious services and rituals by religious or ganizations; (v) medical services, except cosmetic 
services, provided by persons with State licenses or permission to engage in this activity; 
(vi) educational services, specifically preschool traini ng and education; general basic and intermediate 
education; elementary, intermediate, higher prof essional, graduate professional education; and 
additional and special education, by persons with State licenses or permission to engage in these 
activities; (vii) humanitarian aid; (viii) the supply of goods, works and services on a commercial basis 
by penitentiary agencies or State enterprises invol ved in the penitentiary system of Tajikistan; 
(ix) newspapers, magazines, art literature, childre n's literature, scientific books, technical books and 
textbooks (except erotic and specialized advertiz ing publications); (x) children's goods such as 
clothing, shoes, head dresses, hosiery and so cks, as per a list fixed by the Government; 
(xi) specialized goods used by the handicapped; and (xii) sanatorium resort services provided by 
institutions approved by the Government.  The VAT exemptions applied regardless of the nationality 
of the provider.  In response to a query, he adde d that the VAT exemptions for folk art or music 
instruments and for items (ix) and (x) above did not apply to imports.  
102. Imports exempt from VAT included (i) foreign and national currency and securities, except 
for numismatic purposes; (ii) precious metals, gems  and stones (gold, silv er, platinum, palladium, 
diamonds, sapphires, emeralds, rubies, pearls, spenel s and alexandrites) imported by the Ministry of 
Finance and the National Bank of Tajikistan; ( iii) goods as humanitarian aid transferred on a 
non-repayable basis to charitable organizations or to  State agencies of Tajikistan; (iv) industrial or 
technological equipment and components, used di rectly in the production of goods, works and 
services by foreign enterprises.  VAT would be coll ected in case of liquation of an enterprise or 
non-usage of the equipment within four years of im port; (v) agricultural technology, i.e. machinery, 
equipment and spare parts, as identified by the G overnment; (vi) goods for target projects approved 
by the Government of Tajikistan, and funded by gr ants, credits or loans from individuals, foreign WT/ACC/SPEC/TJK/4/Rev.1 
Page 32  
 
 States or governments, or international organizati ons; (vii) goods for the construction of "objects of 
special importance" as determined by the Governme nt of Tajikistan; (viii) raw materials, energy 
resources and equipment imported by the Tajik Aluminium Plant for the production of primary 
aluminium.  The volume and type of exempted inputs was determined by the Government; and 
(ix) specialized goods used by the handicapped.  He  confirmed that all internal and external sales of 
these products, regardless of origin or destina tion, were exempt from VAT in accordance with 
Article 211.3 of the 2004 Tax Code. 
103. The representative of Tajikistan added that domestically produced primary aluminium and 
cotton fibre were exempt from VAT, but subject to a sales tax levied in accordance with Chapter 43 
(Articles 311-317) of the 2004 Tax Code and Law No . 664 of 12 November 1998.  The tax amounted 
to 10 per cent on cotton fibre and 3 per cent on prim ary aluminium sold in the domestic market or 
exported.  Imported primary aluminium and cotton fibre were not exempt from VAT.   
104. Some Members stated that Tajikistan should br ing its VAT regime into conformity with 
Article III:2 of the GATT 1994 by abolishing the sal es tax and by applying the same rate of VAT to 
domestic production of primary aluminium and co tton fibre as applied to imports of primary 
aluminium and cotton fibre.  Appropriate WTO conf ormity should be achieved without undue delay.  
In reply, the representative of  Tajikistan confirmed Tajikistan' s willingness to equalize the tax 
treatment of domestic and imported aluminium and cotton.  In January 2008, his Government had 
approved a Plan of Action to simplify import an d export procedures, and amend the Tax Code 
(including replacing the sales tax with VAT).  He added that pursuant to Resolution No. 582 of 
2 October 2010, VAT on imported primary aluminiu m and cotton fibre was being eliminated and 
replaced by sales tax to be applied equally on primary al uminium and cotton fibre regardless of origin.       
105. [The representative of Tajikistan confirmed th at, from the date of accession, Tajikistan would 
apply its domestic taxes, including those on produ cts listed in Table [8] in a non-discriminatory 
manner to imports regardless of country of origin  and to domestically-produced goods in compliance 
with Articles I and III of the GATT 1994.  The Working Party took note of this commitment.] 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
106. The representative of Tajikistan provided information on non-tariff measures applied on 
imported goods notably on foodstuff and food additives; narcotics; medical goods; poisonous 
substances; ethyl alcohol and alcoholic bevera ges; radio-electronic facilities and high-frequency 
devices; cryptographic devices; uranium and other radioactive chemical elements; explosives; and  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 33 
 
 
 arms, ammunition, equipment and accessories for military purposes (Table 9).  He also presented 
information on import licensing procedures in document WT/ACC/TJK/19.   
107. Concerning restrictions on alcohol, he noted  that Law No. 451 "On State Regulation of 
Production and Turnover of Ethyl Alcohol and Al coholic Products" of 15 May 1997 and Resolution 
No. 131 "On Approving of Regulati ons Related to State Regulation of Production and Turnover of 
Ethyl Alcohol and Alcoholic Beverages" of 7 April 1999 allowed the imposition of import quotas on 
ethyl alcohol and alcoholic beverages.  Howeve r, this legal provision had never been used.  
Production and trade in ethyl alcohol and alcoholi c beverages was regulated through licensing.  
As per the existing legislation, only State-owned or  State-controlled joint stock enterprises would be 
considered legitimate producers of alcohol and thus  eligible to obtain import or export licences for 
ethyl alcohol.  In the past, licenses had been issued  by the State Unitary Enterprise "Khurokvori Food 
and Processing Industry Corporation".  The licensing authority had subsequently been transferred to 
the Ministry of Energy and Industry.  Tajikistan ha d introduced import restrictions on ethyl alcohol - 
an important ingredient in domestic production of  alcoholic beverages - as a more liberal import 
regime operated in the past had led to consider able unregulated production of low-quality goods.  
The import restrictions did not extend to othe r non-food products that contained ethyl alcohol 
(e.g. cosmetics, perfumes, mouthwash, solvents, anti-fr eeze etc.).  He stressed that the restrictions on 
the production and trade in alcohol had been introduc ed to safeguard human health and as such could 
be justified under Article XX(b) of the GATT 1994. 
108. Some Members noted that Tajik legislati on allowed the imposition of quantitative import 
restrictions on alcohol, and that Tajikistan was seeki ng to maintain trade restri ctions with reference to 
the GATT Article XX(b).  However, import quotas were inconsistent with Article XI of the 
GATT 1994 and Article 4 of the Agreement on Agri culture, the measures imposed by Tajikistan 
appeared to be more trade-restrictive than necess ary, and Tajikistan had provided no evidence that 
comparable restrictions were being applied to domes tic production of such goods.  Health concerns in 
relation to these products should be addressed in ot her ways, in particular through measures to 
regulate consumption.  Tajikistan was urged to liber alize the imports of ethyl alcohol and alcoholic 
beverages, including the elimination of import quot as, the non-automatic import licensing regime, and 
the pre-requirement to possess an activity licence. 
109. The representative of Tajikistan reiterated that despite the legal provisions, no formal import 
quotas had been established on alcohol so far.  Leg itimate producers were allowed to import the ethyl 
alcohol needed for their own production without limitation.  The level of alcohol imports had 
fluctuated over the years in line with movements in domestic consumption.  However, while import WT/ACC/SPEC/TJK/4/Rev.1 
Page 34  
 
 licensing was mainly maintained on health grounds a nd linked to transit restrictions in neighbouring 
countries, he acknowledged that the import restric tions on alcoholic beverages had also served to 
maintain a proportion of the market for domestic pr oduction.  He added that Tajikistan would review 
and amend its legislation to ensure compliance w ith WTO disciplines over the course of 2010-11.  
110. Narcotic and psychotropic substances c overed by international conventions 
(i.e. the Convention on Narcotic Drugs, 1961; the Vienna Convention on Ps ychotropic Substances, 
1971; and the UN Convention Against Illicit Traffic in  Narcotic Drugs and Ps ychotropic Substances, 
1988) were subject to import restrictions and lic ensing requirements in Tajikistan.  Resolution 
No. 465 "On approval of Regulation on the Procedure of Issue of Licenses in the Sphere of Legal 
Turnover of Drugs, Psychotropic Substances and Precursors" had been abrogated with the 
introduction of activity licensing pursuant to Regulation No. 337 on 1 September 2005, Law No. 37 of 
17 May 2007 and Resolution No. 172 of 3 April 2007.  The State exercised a monopoly on the import 
of narcotic substances and only State-owned ente rprises could import these products with a licence 
and within the limits defined by a State quot a (Law No. 873 "On Narcotic and Psychotropic 
Substances and Precursors" of 10 December 1999).  The licensing authority was the Ministry of 
Health for narcotic and psychotropic substances, and the Agency for Narcotics' Control under the 
Office of the President for the import of precurs ors.  The quota was set pursuant to Resolution 
No. 381 "On the Establishment of the State Quota for Narcotic Substances" of 29 August 2003.  
The import restrictions served to protect human health , public safety and national security objectives.    
111. Concerning the application of non-tariff measu res on other import items, the representative of 
Tajikistan said that a permit was needed pursu ant to Government Resolution No. 111 of 
19 February 1997, notably for the importation of ur anium and other radioact ive substances, nuclear 
technologies, appliances, equipment or plants and other sources of radiation including radioactive 
waste; gunpowder, explosives and related waste; milita ry equipment, arms and munitions, spare parts, 
works and services (including engineering or documentation for military production), military 
uniforms and related items for military use; and cryptographic devices, in cluding cryptographic 
equipment, spare parts and cryptographic software .  Responding to concerns that a broad import 
licensing requirement for cryptographic equipment could jeopardize trade in everyday information 
technology and telephone-re lated goods, he confirmed that Ta jikistan's licensing requirement had 
been introduced for national security reasons and did not extend to everyday consumer products 
containing encryption equipment and software such  as cell phones and laptop computers.  A list of 
cryptographic equipment subject to import licen sing would be submitted to the Working Party once 
finalized.    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 35 
 
 
 112. As indicated in Table 9, importation of several  types of goods required a permit, permission 
or licence issued by the Government.  In such cases, the applicant would first approach the line 
ministry or agency in charge of regulating the goo d(s) in question.  The Ministry would then present 
the request to the Government for decision.  For instance, the State Agency  for the Supervision and 
Control in the Field of Telecommunication and IT under the Ministry of Transport and Communication administered the permission required for the importation of radio-electronic facilities 
and high-frequency devices.  Excluded from this re quirement were products lis ted on pages 24-26 of 
WT/ACC/TJK/17.    
113. On the permission required for the importation of poisonous substances, he said that all 
chemical substances, biological agents, growth stim ulators, fertilizers and other compounds or agents 
imported or used in Tajikistan for the first time were  subject to examination in the laboratories and the 
field (Decree No. 299 of 3 July 2003).  If the results of the biological, toxicological, and ecological 
examination were positive, the products were regist ered and could be imported following issue of a 
sanitary-epidemiological certificate.  The certificate or permission to import was issued separately for 
each consignment upon submission of an applicat ion, in writing, with supporting documents, 
including information on the technical ability a nd equipment necessary for the commercial activity, 
copy of the quality certificate, proof of payment a nd other documents for processing the application, 
as necessary.  The State Sanitary Epidemiology Serv ice usually issued a certificate within three days 
for perishable goods and thirty days for other goods.    
114. Information on licences for tobacco produc ts, medicines and medical products, and 
radioactive material was provided in WT/ACC/TJ K/19.  Resolution No. 453 of 27 October 1999 
regulating importation and exportation of tobacco products had been revoked as imports, exports and 
domestic production of tobacco products had become  subject to activity licensing.  Licenses for 
tobacco products were administered 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.  Forei gn individuals or legal 
entities were required to maintain a commercial presence in Tajikistan to apply for and obtain a 
licence.  In addition to Law No. 37 and Regulatio n No. 172,  the importation and exportation of 
medicines and medical products was regulated by the Ministry of Health in accordance with Law 
No. 39 "On Pharmaceuticals and Pharmaceutical Acti vities" of 6 August 2001 and Resolution No. 204 
of 2 April 2009 (see also section on "Trading Rights").   
115. The licensing authority for the import of radioac tive material was the Academy of Sciences.  
The import licensing requirement served to protect human health, public safety and national security WT/ACC/SPEC/TJK/4/Rev.1 
Page 36  
 
 objectives.  In addition to the requirements and documentation needed pursuant to Law No. 37 and 
Regulation No. 172, applicants seeking a licence to  import radioactive material were expected to 
submit the necessary clearances or approvals from  Tajikistan's internal affairs agencies, the 
sanitary-hygienic and fire surve illance bodies; copies of conformity certificates, the qualification 
certificate issued by the Agency on Nuclear and Radi oactive Safety in the Academy of Sciences, and 
the State registration of the radioactive material; a medical certificate for the persons engaged in the 
activity; and a guarantee that the material would be returned to the exporter in case of non-delivery. 
116. A Member sought clarification whether Tajikis tan applied automatic import licensing within 
the meaning of Articles  1 and 2 of the Agreem ent on Import Licensing Procedures, in which case all 
legal and natural persons seeking to import the affect ed products would be equally eligible to apply 
for and obtain the licenses; licence applications c ould be submitted on any working day prior to the 
customs clearance of the goods; appropriately comple ted applications would be  approved in all cases 
within a period not exceeding ten working days; a nd no reasons existed to refuse a licence, and no 
circumstances existed under which a licence could be refused. 
117. In reply, the representative of Tajikistan said that Tajikistan's import licensing requirements 
were non-automatic, except for the importation of medical goods, which were subject to automatic 
licensing.  He added that Tajikistan intended to de velop its licensing system in accordance with the 
Agreement on Import Licensing Procedures.  Licence applications were not rejected for minor documentation errors according to current practice, but  the existing practice would be codified in new 
legislation being developed over the period 2010-11.  This work would also address the transparency 
and notification aspects of the Agreement.   
118. The representative of Tajikistan confirmed that  from the date of accession, Tajikistan would 
implement its import licensing procedures, including those relating to publication and provision of 
information on automatic and non-automatic licenc es, in conformity with the WTO Agreement on 
Import Licensing Procedures, and that the provisions of  the Agreement would be reflected in its laws 
and regulations.  He also confirmed that from th e date of accession, Tajikis tan would eliminate and 
would not introduce, re-introduce or apply quantitativ e restrictions on imports or other non-tariff 
measures such as licensing, quotas, bans, permits,  prior authorization requirements, and other 
restrictions having equivalent effect, that c ould not be justified under the provisions of the 
WTO Agreement, including measures referred to in [T able 9].  He further confirmed that the legal 
authority of Tajikistan to suspend imports and exports  or to apply licensing or other requirements that 
could be used to suspend, ban, or otherwise rest rict the quantity of trade would be applied from the 
date of accession in conformity with the requireme nts of the WTO Agreement, including Articles XI,  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 37 
 
 
 XII, XIII, XIX, XX, and XXI of the GATT 1994, a nd the Agreements on Agriculture, Sanitary and 
Phytosanitary Measures, Import Licensing Procedures,  Safeguards and Technical Barriers to Trade.  
The Working Party took no te of these commitments. 
- Customs valuation 
119. The representative of Tajikistan said that th e Customs Code of 3 December 2004, in force 
since 1 January 2005, had abrogated the previous le gislation on customs valuation, in particular the 
Law "On Customs Tariff" of 14 May 1999.  He c onsidered the customs valuation system under the 
2004 Customs Code to be in compliance with th e WTO Agreement on Implem entation of Article VII 
of the GATT 1994 (Customs Valuation Agreement) .  In particular, Chapter 42 of the Code 
"On Specification of Customs Value of Goods" had b een developed in line with the provisions of the 
Agreement and the revised Kyoto Convention on simplification and harmonization of customs 
procedures.  The hierarchy of valuation methods and the conditions under which these could be used 
corresponded to the provisions of the WTO Agreemen t.  Normative and legal acts to implement the 
Customs Code were in the process of being appr oved by the relevant Ministries and Government 
agencies.  A (draft) Regulation "On Methods of A pplying Customs Valuation", would incorporate the 
text of the Interpretative Notes of the Customs Valuation Agreement.   
120. The principal valuation method in Tajikistan was the transaction value.  In line with 
Article 355 (Item 2) of the Customs Code, the tran saction value incorporated the expenses borne in 
the delivery of goods into the customs territory of  Tajikistan, including costs for transportation, 
transhipment, loading or unloading; insurance; e xpenses borne by the purchaser for items such as 
packing and packaging material, broker fees and commissi ons, containers etc. if considered part of the 
goods being valued; raw materials and other inputs (works, services) directly or indirectly bartered by 
the buyer or importer to the seller for the production or sale of the imported goods; royalties and licence fees payable directly or indirectly by the purchaser or importer as a condition for sale, if such 
royalties and fees had not been included in the price, actually paid or payable; and profits accrued by 
the seller from any further resale, transfer or us e of the goods in Tajikistan.  He considered 
Article 355 to be fully consistent with Article 8 of the Customs Valuation Agreement and noted that 
the Customs Body had adopted rules and procedures for the information to be included in customs 
declarations and adjustments to the transaction value.   In response to a specific question, he added that 
Tajik enterprises were in the process of implem enting the generally accepted accounting principles 
pursuant to Government Resolution No. 465 of 3 Oc tober 2006.  He expected the process to be 
completed by 2010.    WT/ACC/SPEC/TJK/4/Rev.1 
Page 38  
 
 121. Some Members requested further information on the conformity of the customs valuation 
legislation with the provisions of the Customs Valuation Agreement, in particular with its 
Articles 1.2(a) and (b); 2; 5 (including 5.1(a) and 5.2); 7; and 10.  Some Members reiterated their 
interest in Tajikistan submitting a comp leted Customs Valuation Questionnaire. 
122. In reply, the representative of Tajikistan pr esented a Questionnaire on Customs Valuation in 
document WT/ACC/TJK/20.  The Customs Code reflected the provisions of the WTO Customs 
Valuation Agreement in its Articles  45 - 46, 54 , 354 - 360, 364 - 366, 371 and 385.  He confirmed 
that the Customs Code prohibited the use of va luation practices such as minimum import values and 
reference prices, and that the Code used terminology identical to, and consistent with, the Agreement.  
The protection of confidential information obtained  by Customs Bodies was provided for in Article 9 
of the Customs Code.  Tajikistan fulfilled the tran sparency and publication requirements outlined in 
Article 12 of the Agreement throug h the Law "On Regulatory Acts".  Normative legal acts, customs 
regulations judicial decisions and administrative ruli ngs of general applicati on would come into force 
only upon their publication in the "Compilation of Legal Acts of the Republic of Tajikistan", the 
magazine "Gumruk" and on the website of th e customs service (www.customs.tj).      
123. The right to appeal was provided for in Ch apter 7 of the Customs Code "On appealing 
Decisions, Actions (Inaction) of the Customs Author ity and Customs".  The Code permitted the right 
of administrative appeal, without penalty, of any decision taken by the Customs Bodies, and the final 
right of appeal to a judicial authority as required in  Article 11 of the Agreement.  Article 46 (Item 1) 
of the Customs Code stated that "decisions, actions (inaction) of customs agencies or their officials 
may be appealed in customs agenci es, prosecutor's office and/or in court."  Large scale customs fraud 
was punishable by imprisonment of five to ten year s with or without confiscation of property pursuant 
to Article 289 of the Criminal Code.  
124. Concerning the conditional release of goods in cases where the final determination of customs 
value was delayed, he said that Article 366 of th e Code allowed for the withdrawal of goods from 
customs control, assuming a sufficient guarantee in th e form of a surety, deposit or other appropriate 
instrument was posted to cover the ultimate liability.   
125. He said that Tajikistan was amending the existi ng legislation on customs valuation prior to 
the date of accession to the WTO.  The Custom s Code would be amended to provide a precise 
definition of the "price actually paid or payable".  Work was also underway to amend the Code to, 
inter alia , include provisions to implement the Decision of 26 April 1984 on the Treatment of Interest 
Charges in the Customs Value of Imported Goods ( VAL/6/Rev.1) and paragraph 2 of the Decision of 
24 September 1984 on Valuation of Carrier Media B earing Software for Data Processing Equipment  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 39 
 
 
 (VAL/8).  The Regulation "On Methods of A pplying Customs Valuation" would include the 
Interpretative Notes (Annex I of the Agreement).   
126. The representative of Tajikistan confirmed that, from the date of accession, Tajikistan would 
apply its customs valuation laws, regulations and practic es, including those to prevent under-valuation 
of goods, in conformity with the WTO Agreem ent, including Article I of the GATT 1994, 
the Agreement on Implementation of Article VII of GATT 1994 and Annex I (Interpretative Notes).  
Accordingly, from the date of accession to the WTO,  Tajikistan would not use any form of minimum 
value, such as reference prices or fixed valua tion schedules for customs valuation of goods.  
In addition, Tajikistan would ensure that in the ev ent that its customs service could not determine the 
proper customs value or disputed the transaction value offered, it would release the goods subject to the posting of a bond or other security for the maximum amount of the customs duties that could be 
owed, as provided for in the Agreement.  He furt her confirmed that, in determining the value of 
imports, Tajikistan would apply the provisions of paragraph 2 of Decision No. 4.1 of the Committee 
on Valuation of Carrier Media Bearing Software for Data Processing Equipm ent (providing that 
valuation of software was based on the value of the media) and Decision No. 3.1 on the Treatment of 
Interest Charges in Customs Value of Importe d Goods.  The Working Party took note of these 
commitments. 
- Rules of origin 
127. The representative of Tajikistan said that rules of  origin were determined and regulated by 
Chapter 6 of the Customs Code.  The principles and me thods used in the determination of origin were 
based on existing international practice.  There was no difference between the rules of origin applied 
for preferential and non-preferential purposes.  The requirements of the Special Attachment "K" of the International Convention on simplification and ha rmonization of customs procedures (revised Kyoto 
Convention), in particular the provisions on "Rul es on determining the origin of goods", had been 
taken into consideration in developing th e relevant provisions of the Customs Code. 
128. Tajikistan's rules of origin were based on the w holly obtained and substantial transformation  
criteria; i.e. change of tariff heading or ad valorem  criterion.  Change of (four  digit) tariff heading was 
the principal method to determine substantial tran sformation.  Article 31.4 of the Customs Code 
referred to additional criteria, i.e. processing methods or ad valorem  criteria, but this provision had 
not been developed further.  Origin could be conferred to a group of countries, a customs union, a region or a part of a country.  The European Co mmunity was considered a single entity for origin 
purposes.  The rules of origin also applied wit hout exception to goods originating from free economic 
zones and free warehouses. WT/ACC/SPEC/TJK/4/Rev.1 
Page 40  
 
 129. In compliance with international agreements  and Article 36.1 of the Customs Code, a 
document confirming the country of origin had to be  submitted together with the customs declaration 
upon importation of goods in cases where Tajikistan accorded tariff preferences.  A certificate of 
origin could be issued by the authorities in the c ountry of exportation or by non-governmental bodies 
such as Chambers of Commerce.  The customs bodies were authorized to demand a document 
confirming the country of origin of goods in cases wh en the declared information on the country of 
origin was suspected to be inadequate, would affect  the application of customs duties or taxes, or 
circumvent prohibitions and restrictions established in  compliance with the legislation of Tajikistan.  
The Chambers of Commerce in Tajikistan could assist  in obtaining or verifying such a document.  
130. He stated that the requirements of Article 2(h) and Annex II, paragraph 3(d) of the 
WTO Agreement on Rules of Origin were met in Articles  42-44 of the Customs Code.  The Code 
provided an exporter, importer or any person with a justifiable cause, a right to request a preliminary 
assessment of the origin of goods and their classification.   
131. In response to a query, he acknowledged that the origin of goods produced in spaceships was 
not specifically covered in the revised Kyoto Conve ntion.  However, in accordance with Article 30 
(Item 10) of the Customs Code, goods produced in  spaceships were considered "products of higher 
technologies received as cosmic objects in open space" and origin was attributed to the country where 
the spaceship had been registered, owned or leased. 
132. The representative of Tajikistan confirmed that from the date of accession Tajikistan's 
preferential and non-preferential rules of origin would comply with the WTO Agreement on Rules of 
Origin.  He added that the requirements of Ar ticle 2(h) and Annex II , paragraph 3(d) of 
the Agreement, which require, inter alia , provision upon request of an assessment of the origin of the 
import and outline of the terms under which it will be  provided, had been established in Tajikistan's 
legal framework.  The Working Party took note of these commitments. 
- Preshipment inspection 
133. The representative of Tajikistan said that manda tory pre-shipment inspection had not been 
applied in Tajikistan so far.  However, La w No. 3 of 24 February 2004, amending the Law 
"On Foreign Economic Activity" of 27 December 1993, contained a provision that would allow the 
Government of Tajikistan to introduce a pre- shipment inspection regime in the future. 
134. The representative of Tajikistan confirmed that if pre-shipment inspection requirements were 
to be introduced in the future, such requirements would be temporary, and would comply with the  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 41 
 
 
 requirements of the WTO Agreement on Pre-ship ment Inspection and other WTO agreements.  
Tajikistan would ensure that pre-shipment insp ection enterprises operating on its behalf complied 
with the provisions of the WTO Agreement, including the Agreements on Import Licensing 
Procedures, Customs Valuation, Technical Barrier s to Trade, the Application of Sanitary and 
Phytosanitary Measures, Agriculture, and Rules of Origin and the GATT 1994.  He further confirmed 
that Tajikistan would ensure that charges and fees of pre-shipment enterprises would be consistent 
with Article VIII of the GATT 1994, and that the re quirements and procedures of such entities would 
comply with the transparency and confidentialit y requirements of the WTO Agreement, including 
Article X of the GATT 1994.  Decisions by such fi rms could be appealed by importers in the same 
way and through the same procedures as administrative  decisions taken by Tajikistan.  The Working 
Party took note of these commitments. 
- Anti-dumping, countervailing duties, safeguard regimes 
135. The representative of Tajikistan said that Law No. 744 "On Customs Tariff" of 14 May 1999 
had provided the legislative basis for contingent tr ade remedies in Tajikista n but this law had been 
revoked by Law No. 66 of 9 December 2004.  Ar ticle 344 of the 2004 Customs Code provided the 
general framework for anti-dumping, countervaili ng duties and safeguard measures, but detailed 
provisions to initiate, implement and enforce continge nt trade remedies were yet to be developed.  
A new law on trade remedies was in preparation a nd would be submitted to the Working Party once 
the draft had been completed.   
136. Article 9 of the Law "On Customs Tariff" prov ided for the application of antidumping duties 
when goods were imported into the customs territory of Tajikistan at a price lower than their "normal 
price in the country of export at the moment of export"; and if such exports inflicted or threatened to inflict losses on domestic producers of similar goods, or hindered the establishment or expansion of 
production of similar goods in Tajikistan.  He said th at the expression "hinders to start or expand 
production" in the Tajik legislation was akin to  the expression "material retardation of the 
establishment of domestic industry" in Article VI.1 of the GATT 1994 and the WTO Agreement on Implementation of Article VI of the GATT 1994.  In  his view, the antidumping regime in Tajikistan 
corresponded substantially to the norms and stan dards of the relevant GATT/WTO provisions.  
However, antidumping actions had no t been initiated in Tajikistan to  date, and he confirmed that 
measures would not be applied until further detaile d procedural provisions had been adopted and 
implemented in full conformity with the rules and disciplines of the WTO. 
137. Article 10 of the Law "On Customs Tariff" provi ded for the use of countervailing measures if 
the production and export of goods, imported into the customs territory of Tajikistan, had directly or WT/ACC/SPEC/TJK/4/Rev.1 
Page 42  
 
 indirectly been subsidized, and if such exports in flicted or threatened to inflict losses on domestic 
producers of similar goods, or hindered the establishm ent or expansion of pr oduction of similar goods 
in Tajikistan.  In his view, Tajikistan defined subsidies in accordance with the WTO Agreement on 
Subsidies and Countervailing Measures, and the countervailing measures regime corresponded 
substantially to the relevant GATT/WTO provision s.  Countervailing duties had so far never been 
applied in Tajikistan.  He added that new de tailed provisions on counter vailing measures would be 
drafted in full conformity with the relevant WTO rules.   
138. Article 8 of the Law "On Customs Tariff" provi ded for the use of safeguards measures in the 
form of special duties.  Safeguards were applied as a protective measure if goods were imported into 
the customs territory of Tajikistan in quantities and under such conditions that inflicted or threatened 
to inflict losses to domestic producers of similar or directly competing goods; or as a reciprocal or 
retaliatory measure against discriminatory or other actions taken by other States or their unions that 
hindered the interests of Tajikistan.  Actions that hi ndered the interests of Tajikistan could include the 
unilateral and unjustified use of special safeguard s, antidumping, countervailing or other measures 
affecting the foreign trade of Tajikistan negatively.  He added that reciprocal or retaliatory measures 
would only be applied when authorized unde r the WTO Dispute Settlement Understanding.  
Tajikistan applied no safeguard measures at present.  In his view, the safeguards regime corresponded 
substantially to the relevant GATT/WTO provision s.  New detailed provisions on safeguards would 
be drafted to ensure full compliance.  He confirme d that safeguard measures would only be applied in 
full conformity with Article XIX of the GA TT 1994 and the WTO Agreement on Safeguards.   
139. Article 11 of the Law "On Customs Tariff" set  out the procedures for the application of 
contingent trade remedies.  The use of safeguard s, antidumping, and countervailing measures had to 
be preceded by an investigation conducted by th e Ministry of Public Revenues and Charges.  
The investigation could be initiated by the Ministry  on its own initiative, or through the initiative of 
other public or State managed bodies in Tajikistan.  Investigations had to be based on quantitatively 
measurable data.  The Government of Tajikistan wo uld determine the relevant  contingent duty rates 
based on the dumping margins and injury established by the investigations.  
140. The Euro-Asian Economic Community (EAEC), which included Tajikistan, envisaged a 
coordinated policy and common treatment in the app lication of trade remedies.  In accordance with 
the EAEC Protocol of 17 February 2000 and D ecision No. 117 of the Interstate Council of 
27 April 2003, EAEC member-States were work ing to develop common mechanisms for the 
application of safeguard, anti-dumping and counter vailing measures applicable to trade between 
themselves.  He confirmed that such mechanisms, once adopted, would be notified to the WTO.   WT/ACC/SPEC/TJK/4/Rev.1 
 Page 43 
 
 
 He added that the mechanisms for the application of contingent trade remedies would use standard 
terminology and be in compliance with international standards. 
141. A Member noted that Tajikistan was treated as a non-market economy in its domestic 
legislation for anti-dumping purposes.  Should Tajikis tan be considered a non-market economy at the 
time of its accession, WTO Members should be able to apply alternative calculation methodologies 
(e.g. prices in a surrogate market economy) in trade remedy proceedings.    
142. The representative of Tajikistan confirmed that  Tajikistan would not apply any anti-dumping, 
countervailing or safeguard measures until it had notif ied and implemented laws  in conformity with 
the WTO Agreements on the Implementation of Article VI of the GATT 1994, on Subsidies and 
Countervailing Measures, and on Safegu ards.  He confirmed that any new legislation would be in full 
conformity with the relevant WTO provisions upon accession.   
B. EXPORT REGULATION  
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
143. The representative of Tajikistan said that Ta jikistan had never levied any export duties 
although Law No. 744 "On Customs Tariff" (abolis hed by Law No. 66 of 9 December 2004) had 
provided a legal basis for such measures.  Article 182.2 of the Customs Code prohibited the application of export duties on processed goods.  He confirmed that in accordance with the applicable 
customs legislation, export duties were  presently not applied to any goods.   
144. Tajikistan levied fees and charges enumerated in Table 7 for the customs clearance of exports.  
In addition, the Chambers of Commerce charged a fe e for issuing a certificate of origin to accompany 
consignments of exported goods.  He  added that since January 2009, this fee (of 0.1 per cent) now 
amounted to a cost-based fixed charge of 175 Somoni (around US$40).   
145. The export of domestically produced primary al uminium and cotton fibre was subject to a 
sales tax of 3 and 10 per cent, respectively.  On plan s to eliminate the sales tax, he said that the reform 
of the tax system and the appropriate legislative am endments were expected over the course of 2010.  
He added that pursuant to Resolution No. 582 of 2 October 2010, sales tax would be applied equally 
on primary aluminium and cotton fibre regardless of origin. WT/ACC/SPEC/TJK/4/Rev.1 
Page 44  
 
 - Export restrictions 
146. The representative of Tajikistan provided information on non-tariff measures applied on 
exported goods, notably on foodstuff, animal and vegetable products; narcotics; alcohol and ethyl 
alcohol; medical goods; ferrous and non-ferrous scrap; wo rks of historic, scientific or cultural value; 
chemical agents, fertilizers and ozone depleting su bstances; uranium and other radioactive chemical 
elements; hunting trophies; monetary valuables;  cryptographic devices; explosives; arms and 
ammunition; and military armaments, equipment, documents and accessories (Table 10).  
He confirmed that Tajikistan had no Government-mandated export bans.   
147. Some Members considered the non-automatic  export licences for metal scrap to be 
inconsistent with Article XI of the GATT 1994, and asked Tajikistan to elaborate its plans to abolish 
this requirement.  In reply, he said that the expor t licenses did not serve to limit the supply of exported 
scrap.  The exportation of ferrous and non-ferrous scr ap was regulated pursuant to the Law "On Scrap 
and Waste of Ferrous and Non-Fe rrous Metals" and Resolution No. 172 of 3 April 2007 (see section 
on "Trading Rights").  Export licenses were required to combat illicit trade in metal scrap by ensuring that the source of the material could be identifie d and that the applicable rules governing exportation 
of scrap were adhered to.  He added that Tajikis tan was reviewing the existing regime for compliance 
with Article XI of the GATT 1994 over the course of 2010.      
148. Concerning export licenses for alcoholic beverages and ethyl alcohol administered by the 
Ministry of Energy and Industry (and previously by  "Khurokvori"), he said that the licensing regime 
for these products was being liberalized and amende d over the course of 2010-11.  Restrictions on the 
export of tobacco products pursuant to Resolution No. 453 of 27 October 1999 had been abolished.     
149. As stipulated in Resolution No. 111 of 19 February 1997, prior authorization of the 
Government was needed for the export of (i) ur anium and other radioact ive substances, nuclear 
technologies, appliances, equipment or plants and other sources of radiation including radioactive 
waste; (ii) gunpowder, explosives and related waste; (iii) drugs and psychotropi c or toxic substances; 
(iv) military equipment, arms and munitions, spar e parts, works and services (including engineering 
or documentation for military production), military  uniforms and related items for military use; 
(v) cryptographic devices, including cryptographi c equipment, spare parts and cryptographic 
software; (vi) mineralogy and pa laeontology materials, informati on regarding mineral resources and 
oilfields in Tajikistan, including  charts, maps and drawings; (vii)  works of art, collectables and 
antiques, of significant artistic, historical, scientif ic and cultural value; a nd (viii) endangered wild 
animals and birds.  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 45 
 
 
 150. On the permission required to export pois onous substances and chemical agents, the 
representative of Tajikistan said that the export of  these products was regulated by Decree No. 32 
"On the Procedures for the Control of Exports from the Republic of Tajikistan of Chemicals, 
Equipment and Technology Having a Peaceful Use, Which Can Be Used to Build Chemical Weapons" of 12 January 1996.   These goods could onl y be exported from Tajikistan with a licence 
issued for each transaction by the Ministry of Ec onomic Development and Trade.  The application 
procedures and supporting documents required fo r the licence are detailed on pages 32-33 of 
WT/ACC/TJK/17.  Applications were processed by th e Government within 20 days of submission.   
151. In accordance with Decree No. 237 "On Measures to Improve the Promotion of Domestically 
Produced Goods in Foreign Markets" of 8 June  2001, certain commodities were sold through the 
Tajik Universal Commodity Exchange (Table 11).  The Commodity Exchange was a limited liability 
company with a stake held by the Ministry of Ec onomic Development and Trade.  The commodities 
were either exported directly through auctions at  the Exchange or, if a sales contract had been 
negotiated outside the Exchange, the exporter was required to register the contract with the 
Commodity Exchange, which issued a document acknowledging the transaction.   
Table 11:  Commodities Sold Through the Tajik Universal Commodity Exchange
 
CCFEA Goods Description 
1404 Materials of phytogenous origin (lint)  
24 Tobacco and industri al tobacco substitutes 
26 Ores and ashes 
2801 Fluorine, chlorine, bromine, iodine 
2805 Rare-earth metals 
2815 Sodium Hydrate, etc. 
30 Pharmaceutical production 
3602, 3603 Explosives 
4101, 4102, 4103 Raw hides and skins 
50 Silk 
51 Fleece, fine and coarse wool 
52 Cotton 
71 Natural and cultivated pearls, precious and semiprecious stones, precious metals, clad 
metals and different goods from them 
72-73 Ferrous metals and goods from them 
7404 Copper waste 
7503 Nickel waste 
76 Aluminium goods 
7802 Lead waste 
8544 Isolated wires, cables and other isolated electric wires with connecting parts or without 
them 
 
152. Auctions at the Commodity Exchange were  conducted on certain days of the week.  
Commodities and raw materials could be auctioned for sale as exports by local and foreign producers.  
A broker or seller participating in the auction submitted an application with accompanying data, WT/ACC/SPEC/TJK/4/Rev.1 
Page 46  
 
 including the commodity description, quantity and any conditions for the sale requested by the seller.  
The commodity was sold to the highest bidder and a contract to this effect was concluded after the 
auction.  The strike prices were influenced by trends in world market prices.  For export sales 
conducted outside the Commodity Exchange, the customs authorities would not release the goods 
without the contract acknowledged by the Commod ity Exchange.  The Commodity Exchange would 
compare the contract price with prices realized at  its auctions.  No acknowledgement would be issued 
if the contract price was significantly lower,  and the sale would accord ingly be blocked.   
153. Some Members considered the mandatory sale of certain goods for export through the Tajik 
Universal Commodity Exchange an export restri ction not conforming with Article XI of the 
GATT 1994 in the sense that the measure precluded the possibility of an export contract being agreed 
without an auction being held.  In addition, Tajikis tan required the mandatory registration of contracts 
with the Commodity Exchange and a permit for cust oms clearance of exported goods contingent on 
the sale taking place at the auction price.  Tajikis tan was requested to eliminate these requirements by 
the date of accession as less restrictive and burdensom e means were available to monitor and control 
capital outflows.   
154. The representative of Tajikistan replied that th e goods listed in Table 11 were sold through 
the Commodity Exchange but that such sales were  no longer mandatory as Government Resolution 
No. 126 of 5 March 2008 had revoked Resolution No. 237.  The powers vested with the Exchange 
pursuant to Decree No. 104 of 27 February 1996 had also been withdrawn.  The Commodity 
Exchange no longer had the authority to control or block transactions on the basis of the sale price.  
Exporters of these products were free to set their pric es without any interference from Government.     
155. As noted in the section "Foreign Exchange and Payments", the mandatory pre-payment 
requirement for the export of certain products (Tab le 1) was being abolis hed (Presidential Decree 
No. 911 of 26 August 2010).  The pre-payment requirement, however, was distinct and 
administratively separate from the export of certa in goods through the Commodity Exchange.   
156. In conformity with Government Resolutio n No. 547 "On Some Measures to Improve 
Insurance Activities" of 31 December 1998, cargo shipped by St ate entities in Tajikistan was subject 
to mandatory insurance.  Insurance payments did not exceed 0.2 per cent of the value of the exported 
cargo.  The State Unitary Enterprise  Insurance Company "Tojiksarmoyaguzor" under the Ministry of 
Finance was exclusively responsible for the insura nce of cargo exported by State entities.  Private 
companies engaged in exportation were not required to obtain such insurance.    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 47 
 
 
 157. [The representative of Tajikistan confirmed th at from the date of accession, Tajikistan would 
apply its export licensing requirements, quantitative r estrictions and other expo rt control requirements 
in conformity with WTO provisions, including tho se contained in Articles XI, XVII, XX and XXI of 
the GATT 1994.  The Working Party took note of these commitments.] 
C. INTERNAL POLICIES AFFECTIN G FOREIGN TRADE IN GOODS  
- Industrial policy, including subsidies 158. The representative of Tajikistan said that the i ndustrial policy of Tajikistan was not geared 
towards the protection of specific economic activities.  His Government did not subsidize exports either directly or indirectly.  He stated that Tajik istan did not apply any prohibited subsidies within the 
meaning of Article 3 of the Agreement of Subsid ies and Countervailing Measures and Article XVI of 
the GATT 1994, and that Tajikistan had no plans to introduce any such subsidies in the future.  
He confirmed that Tajikistan did not provide an y indirect subsidies within the meaning of 
Article 1.1(a)(1)(iv) of the Agreement on Subs idies and Countervailing Measures (ASCM).   
159. Tajikistan did not operate any export financing, export subsid y or export promotion measures 
at present.  Any export financing or export promo tion measures introduced in the future would not be 
operated in a manner inconsistent  with Tajikistan's WTO commitments.  Duty drawback on imported 
merchandise was regulated by Chapter 48 (Articles  396-398) of the Customs Code.  Asked about the 
refund of VAT and excise taxes on exports and Taji kistan's conformity with Annex 1 (Items (g) and 
(h)) of the Agreement on Subsidies and Countervailin g Measures, the representative of Tajikistan said 
that VAT and excise tax paid at the time of importation for goods sub sequently re-exported or 
incorporated in exported goods could be refunded to the amount of VAT and excise duty paid.  
He confirmed that the refund would not exceed the am ount actually paid at the time of importation.   
160. His Government provided limited support for in dustrial development.  Articles 145 and 211 
of the 2004 Tax Code and Article 345 of the 2004 Customs Code included provisions for tax and 
custom duty exemptions.  These incentives were no t provided on the basis of mandatory export 
performance and were therefore, in his opinion, not pr ohibited subsidies as set out in Article 3.1(a) of 
the Agreement on Subsidies and Countervailing Measures.   
161. The Ministry of Energy and Industry provide d support to the coal industry and for the 
exploration and extraction of oil and natural g as.  The budgetary allocation for the geological 
prospecting of oil and gas and for the coal indus try had amounted to 363,800 Somoni in 2002, and 
417,300 Somoni had been earmarked to be disbursed in 2003.  Of this, 150,000 Somoni had been to WT/ACC/SPEC/TJK/4/Rev.1 
Page 48  
 
 support the loss-making coal industry and to promote fuel independence.  He stressed that these 
subsidies were not contingent on local content or export performance requirements.   
162. The State budget, through the Ministry of Energy and Industry, allocated US$120,000 
annually to the State Unitary Enterprise "Zarya Vost oka" to maintain the temporarily idle facilities at 
this enterprise.  In addition, general subsidies to the mining and chemical industry had amounted to 
202,000 Somoni in the 2003 budget.  These funds  were allocated to the mining enterprises Таkobskii 
GOK Joint Stock Company (8,600 Somoni), АО Аnzobskii GOK Joint Stock Company 
(19,500 Somoni), Аdrasmanskii Joint Stock Company (85,600 Somoni), and Jamast State Unitary 
Enterprise (85,600 Somoni).  The Tajikkhimprom Joint Stock Company, a chemical enterprise, received a subsidy of 2,700 Somoni though the chemical industry as a whole was not presently 
subsidized through the State budget.  He confirmed th at the funds allocated to the mining enterprises 
were not contingent on local content or export performance requirements.   
163. The subsidies approved by the Ministry of Ener gy and Industry were allocated directly to 
each enterprise through the Central Treasury under the Ministry of Finance.  For enterprises involved 
in exploration or exploitation of mineral resources, the amount of funds transferred was adjusted to 
account for the taxes due on royalties and bonuses.   
164. Tajikistan did not operate any micro-credit or preferential loan schemes for any industrial 
sector at present.  However, his Government had provided a VAT exemption (amounting to US$51,345 in 2002) for the financ ial rehabilitation of the Tajik Aluminium Plant on the import of 
basic raw materials, energy and equipment used by the plant.  Tariff rebates on electricity and 
customs duties had also been provided.   
165. Noting the statement by the representative of Tajikistan that Tajikistan was not providing 
subsidies of the kind defined in Article 1.1(a)(1)(i v) of the ASCM, a Member requested confirmation 
that Tajikistan would not provide any such WTO-in consistent indirect subsidies in the future.  
The Member also sought confirmation that Tajikista n would not invoke any of the provisions of 
Articles 27, 28 or 29 of the ASCM.  Tajikistan was also requested to submit a subsidy notification 
covering all types of programmes pursuant to Article  25 of the Agreement.  The Member also noted 
that, although the relevant provisions of the ASCM would normally apply in proceedings under 
parts 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 availabl e as appropriate benchmarks.    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 49 
 
 
 166. In reply, the representative of Tajikistan c onfirmed that Tajikistan would not provide any 
indirect subsidies inconsistent with the ASCM from the date of accession.  He further confirmed that 
Tajikistan would administer any subsidy programmes in place or established after accession, at all 
levels of Government, in conformity with the WT O Agreement.  Tajikistan did not intend to invoke 
any of the provisions of Articles 27, 28 and 29 of th e Agreement.  A draft subsidies notification would 
be submitted in due course.   
167. [The representative of Tajikistan confirmed th at, from the date of accession, Tajikistan would 
not maintain subsidies which met the definition of  a prohibited subsidy, within the meaning of 
Article 3 of the Agreement on Subsidies and Counter vailing Measures, and did not seek transitions to 
provide for the elimination of all such measures.  Further, he confirmed that any subsidy programme 
in place or established after accession within the te rritory of Tajikistan would be administered in 
conformity with the WTO Agreement on Subsidi es and Countervailing Measures.  In addition, 
Tajikistan would provide a subsidy notification to the Committee on Subsidies and Countervailing 
Measures in accordance with Article 25 of the Agreement upon entry into force of Tajikistan's 
Protocol of Accession.  He also confirmed that Ta jikistan would not invoke any of the provisions of 
Articles 27, 28 and 29 of the Agreement on Subs idies and Countervailing Measures.  The Working 
Party took note of these commitments.]   
- Technical barriers to trade, standards and certification 
168. The representative of Tajikistan said that a ne w Law "On Technical Regulating" had entered 
into force on 1 January 2010.  As indicated in the checklist (document WT/ACC/TJK/8), the Law had 
been prepared to bring the standards and certificat ion regime of Tajikistan in conformity with the 
provisions of the WTO Agreement on Technical Barriers to Trade (TBT Agreement).  With the adoption of the new Law, several of the existing la ws or legal acts regulating standards, technical 
regulations and conformity assessment procedur es would be replaced, harmonized or amended, 
including the Law "On Standardization" of 14 Dece mber 1996; the Law "On Certification of Products 
and Services" of 13 December 1996; the Law "On Provision of Unified Measurements" of 15 May 1997; the Law "On the Protection of Consumer Rights" of 15 May 1997; and Resolution No. 97 "On Protection of Consumer Market of th e Republic of Tajikistan against Poor Quality 
Products" of 16 March 1999.  He presented an ac tion plan in document WT/ACC/TJK/18 detailing 
the ongoing reforms in this area.  Tajikistan was de veloping new draft Laws "On Standardization" and 
"On Conformity Assessment" over the course of 2010.  Implementing (normative legal) acts for the new Law "On Technical Regulating" were also in preparation.   WT/ACC/SPEC/TJK/4/Rev.1 
Page 50  
 
 169. Standards and certification requirements were appl ied to provide for the safety or quality of 
goods, work and services; to protect the environment, health, life, property, and labour conditions; to 
protect consumers' interests and rights; to ensure  the unity of measurements; and for defence and 
national security considerations.  He added that technical regulati ons would be applied to protect 
human life and health; to prevent deceptive practi ces or actions that would mislead consumers; to 
protect the environment; and to protect animal or plant life or health.   
170. Having reviewed the Law "On Technical Regulati ng", a Member noted that Article 5.1 of the 
Law included "protection of economic interests" as  one of the objectives which was not consistent 
with the legitimate objectives for technical regulations set out in Article 2.2 of the TBT Agreement.  Furthermore, Article 5.2 of the Law while enumera ting the basis for developing technical regulations 
appeared to have omitted the principles of non- discrimination and proportionality (avoidance of 
unnecessary obstacles to trade); and Article 13.7 of  the Law did not seem to fully follow the 
recommendation of the Code of Good Practice concer ning deviations from international standards.  
In response the representative of Tajikistan said th at the Law "On Technical Regulating" would be 
amended (by end 2010) for full compliance with the TBT Agreement.   
171. At present, the Agency on Standardization, Metrology, Certificati on and Trade Inspection 
("Tajikstandart") was responsible for the preparation,  adoption and application of standards, technical 
regulations and conformity assessment procedures.  Tajikstandart had been designated as Tajikistan's 
TBT enquiry point and the agency responsible for notifications, publications and all other 
transparency-related provisions stipulated in th e TBT Agreement.  The enquiry point established 
within Tajikstandart would be fully operational by the end of 2010.  He added that the journal 
"Standarty va Siphat", circulated on a quarterly  basis, published notices of proposed technical 
regulations and conformity assessment procedures.  Tajikstandart had also developed a website 
(www.stadart.tj) to disseminate information and publish notices of proposed standards, certification 
requirements and conformity assessment procedures.  On notifications of draft measures during the 
process of developing and adopting technical regulati ons, he said that Tajikistan would comply with 
the notification requirements of the TBT Agreement.   
172. In compliance with Resolution No. 97 "On Protec tion of Consumer Market of the Republic of 
Tajikistan against Poor Quality Products" of 16 March 1999 (as amended by  Government Regulation 
No. 486 of 1 October 2008), Tajikstandart had deve loped a "Nomenclature of Products and Services 
(Works) Subject to Mandatory Certification" an d procedures had been approved to certify food and 
other products brought in and out of Tajikista n.  This nomenclature had subsequently been 
harmonized with other CIS countries.  The proce dures for the importation of certified products were  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 51 
 
 
 outlined in pages 53-54 of WT/ACC/TJK/17.  The cer tification requirements in place for imported or 
exported food and other products app lied equally to products for domestic  trade.  Tajikstandart issued 
"certificates of compliance" for the purpose of cons umer protection and product safety, but did not 
apply quality controls in issuing such certificates.  He presented a list of goods subject to mandatory 
certification (Table 12), noting that the list applie d equally to imported and domestically-produced 
goods and that the products listed had been redu ced through Decree No. 486 of 1 October 2008.   
173. At present Tajikistan applied international standards (ISO), its own national standards 
(STRT), interstate CIS standards (G ОSТ), interstate CIS standards harmonized with IS О (GОSТ 
ISО), and the standards of other countries with which bilateral agreements had been concluded, such 
as Belarus and Ukraine.  More than 21,500 standa rds had been established in Tajikistan; mainly 
interstate CIS standards (20,500), State standard s of Tajikistan (around 35 0), as well as standards 
based on bilateral agreements.   
174. Tajikstandart represented Tajikistan in in ternational and regional standardization 
organizations.  Tajikistan had signed the CIS Agr eement on coordinated policy in Standardization, 
Metrology and Certification of 13 March 1992, as we ll as the Protocol of 20 June 2000 on changes 
and amendments to this Agreement.  Tajikista n was a member of the CIS Interstate Council on 
Standardization, Metrology and Certifi cation.  Interstate CIS standards (G ОSТ) were developed by an 
Intergovernmental Council comprising representati ves of the Member-States, and approved and 
registered in compliance with the 1992 CIS Agr eement, as amended in 2000.  Article 1 of this 
Agreement envisaged the harmonization of the new GOST requirements with in ternational, regional 
and leading national standards.  The level of su ch harmonization had reached 45 per cent by 2010.  
In response to specific questions, he confirmed th at the signatories to the CIS Agreement were not 
required to adopt CIS standards as technical regulations , and that interested parties were accorded the 
opportunity to comment on draft standards.   
175. The representative of Tajikistan said that his G overnment had signed bilateral agreements on 
cooperation in standardization, metrology and cer tification with the Governments of Armenia, 
Azerbaijan, Belarus, Iran, Turkey and Ukraine.  He  stated that if an international agreement signed 
and ratified by Tajikistan stipulated rules other than those contained in its national legislation, then the 
rules of the international agreement would prevail.   
176. Asked about Tajikistan's accepta nce of conformity assessment procedures in the absence of 
mutual recognition agreements, he said that Article 16 (Paragraphs 1 and 2) of  the Law "On Technical 
Regulating" provided for the recognition of the r esults of conformity assessment and conformity 
marks in accordance with procedures establishe d by the Government of Tajikistan.   WT/ACC/SPEC/TJK/4/Rev.1 
Page 52  
 
 177. Fees for certification were based on Document RD 50-002-2002 of the Ministry of Economy 
and Trade on "Standards of labour output ratio and order of work payment on verification and 
calibration of medium of measurement, standard ization and certification of products, services and 
accreditation of testing units".  He added that Ta jikistan no longer differentiated between domestic 
and imported products in levying fees for standa rds, certification and conformity assessment.  
He stated that all fees for certification would be  brought into compliance with the national treatment 
principle upon accession.  The Law "On Technical Re gulating" stipulated the principle of equal 
treatment.  Fees for certification were charged on an MFN basis.  Recognition procedures were 
applied instead of certification procedures in cases wh ere mutual recognition agreements existed.   
178. Asked what measures had been, or would be, take n by Tajikistan to ensure that standards (as 
opposed to technical regulations) were no longer mandatory and that goods no longer needed to be 
certified for compliance with standards before impo rtation, the representative of Tajikistan said that 
pursuant to the new Law "On Technical Regulating" only technical regulations could be mandatory.  
New technical regulations would replace all existing (mandatory) standards within seven years of the 
entry into force of the new Law and certificati on of goods would thereafter be in accordance with 
WTO rules and disciplines.  A new draft Law "On St andardization" was also being developed that 
would include a specific provision to make all existing standards voluntary.  Responding to specific questions, the representative of Ta jikistan added that the functions of "Tajikstandart" related to 
standardization and technical regulation would be separated with the entry into force of the Law 
"On Technical Regulating".  A national standardi zation body would be created, charged with the 
development of standards.  The body with adhere to the Code of Good Practice.  Draft standards 
would be developed by ministries and technical co mmittees and submitted to the standardization body 
for approval.  An "Authorized Body for Techni cal Regulation" would be established within the 
Ministry of Economic Development and Trade.  The authorized body would be responsible for policy 
development and implementation issues in the area of technical regulation.  The authorized body 
would cooperate closely with the national standard ization body, in particular with its technical 
committees.  Procedures providing for the recogniti on of conformity assessment results performed 
outside of Tajikistan would also be established with  the entry into force of the Law "On Technical 
Regulating" and with the Government approval of new draft Laws "On Standardization" and 
"Conformity Assessment Procedures" planned for the second half of 2010.          
- Sanitary and phytosanitary measures 
179. The representative of Tajikistan said that Artic le 12 of the Law "On Government Regulation 
of Foreign Trade Activity" of 3 September 1999 stip ulated that imported goods had to comply with  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 53 
 
 
 the established technical, pharmacological, sanitary , veterinary, phytosanitary and ecological 
standards and requirements of Tajikistan.   
180. Tajikistan was a Member of the World Organi zation of Animal Health (OIE), the WHO 
Codex Alimentarius Commission, the International Plant Protection Convention (IPPC), the CIS and 
Euro Asian Economic Community Intergovernmental  Veterinary Council, and was considering 
joining the European Organization for the Protecti on and Quarantine of Plants.  Tajikistan applied 
FAO standards for "Safe and/or Harmless Fodders and Fodders Additives" a nd cooperated with FAO 
on veterinary matters.  In view  of Tajikistan's membership of  OIE, Codex and IPPC (since 
4 October 2010), his Government was taking step s to harmonize Tajikistan's legislation on food 
safety, animal and plant health with internationa l standards.  Tajikistan would only use standards 
different from those of the OIE, IPPC and the Codex Alimentarius Commission pursuant to the 
objectives and conditions stipulated in Article 2, paragraphs 1 and 2 of the WTO Agreement on the 
Application of Sanitary and Phytosanitary Measures (SPS Agreement).  
181. The Ministry of Health was responsible for human health and food safety.  Human health 
regulations were based on the Law No. 419 "On Pr otection of Health of the Population" of 
15 May 1997.  As for sanitary measures, the Mi nistry of Health had been setting medical and 
biological norms or certifications on hygiene for certain imported consumer goods, including foodstuffs, medications, chemicals, raw materials a nd minerals in accordance with the Law "On State 
Sanitary Inspection" of 20 July 1994.  This  law had been revoked and replaced by Law No. 49 
"On Provision of Sanitary - Epidemiological Securi ty of the Population" of 8 December 2003, which 
regulated the sanitary inspection of imports in Articles 14, 15, 39-41.   
182. Food quality, safety, labelling and packaging  were regulated by Law No. 54 "On the Quality 
and Safety of Food Products" of 10 May 2002.  Foodst uff could not be sold if it was of poor quality, 
suspected to be counterfeit, did not include the presc ribed marks or labelling information, if its shelf 
life had expired, or if did not meet the applicable  standards/technical regulations.  In response to 
specific queries, he added that the Law did not specify any mandatory requirements for food quality such as moisture content, appearance or amount  of weed seed.  Food additives were regulated 
pursuant to Law No. 54 of 10 May 2002 and Law No. 49 "On Providing Sanitary Epidemiological 
Safety of the Population" of 8 December 2003.  Food additives could only be imported, marketed or 
used if they were certified by the State Service on Sanitary-Epidemiological Surveillance to comply 
with the applicable rules.  New food products, ma terials and articles manufactured locally or imported 
into Tajikistan for the first time were subject to  State registration pursuant to Article 10 of Law 
No. 54.  The registration was performed by the authorized State bodies on sanitary-epidemiological WT/ACC/SPEC/TJK/4/Rev.1 
Page 54  
 
 control and veterinary control in accordance with G overnment regulations.  State registration involved 
the examination of documentation, including test r esults (as necessary), provided by the manufacturer 
or supplier.  Applications were processed within 3 days for perish ables, and 30 days for other food 
products.  Certificates of registration were issued fo r items included in the registry.  The certificate 
entitled the holder to manufacture, import or distribute  the item throughout the territory of Tajikistan.  
Each item had to be registered separately.  The fee, based on the processing costs, was 145.30 Somoni 
(US$33).  The procedures were the same fo r imported and domestic products.     
183. The Veterinary Department under the Ministry of Agriculture was responsible for measures 
related to animal health.  Veterinary Law No. 73 of 8 December 2003 (as amended in 2005 and 2006) 
and Decree No. 182 of 3 April 2007 regulated veteri nary services and related measures, entitlements 
or responsibilities of animal owners, quarantine pr ocedures and other institutional or legal issues 
related to the veterinary services.  Tajikistan was a Me mber of the OIE and, in his view, its legislation 
in this area complied with the SPS Agreement and other international rules and disciplines 
(Veterinary and Sanitary Codes, Paris 2000 and 2003).   Tajikistan would conti nue to align its import 
policies for live animals and animal products w ith the recommendations put forward by OIE and 
international standard setting bodies.   
184. Live animals and animal products were subject  to mandatory veterinary inspection at the 
border crossing points pursuant to the Veterinary  Law.  Import permits for animals and animal 
products were issued by the Veterinary Service under the Ministry of Agriculture (Table 13).  
Information on the veterinary-sanitary requirements and the veterinary certificate for the importation 
of meat and poultry products was provided in Annexes 1, 2 and 3 of document WT/ACC/TJK/17.  The Veterinary Service verified the veterinary st atus of the exporting country as determined by OIE 
reports, recommendations and other available informa tion.  The main criteria to approve/deny import 
permits was the epizootic status or the prevalen ce of diseases in the exporting country listed in 
Table 14(b).  Refusals to issue a perm it could be appealed to the superior body of the State Veterinary 
Service or to the courts.  The bodies responsible fo r border control were guide d by the International 
Convention on Coordination of Border Ca rgo Control Terms of 21 October 1982.    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 55 
 
 
 Table 13:  List of Goods Subject to Veterinary Certificate  
CC FEA Commodity Description Type of Certificate 
01 Live animals Veterinary certificate No. 5 a 
14 Vegetal products for animals Veterinary certificate No. 5 b 
05 Pedigree materials (sperm, embryos, incubative 
materials, caviar, etc.) Veterinary certificate No. 5 c 
04, 01 Milk and dairy products Veterinary certificate No. 5 d 
02, 01 Meat and meat products, including meat of livestock 
and wild animals Veterinary certificate No. 5 e 
05 Animal stocks  Veterinary certificate No. 5 f 
 
185. The National Quarantine Service (formerly th e Service of the State Inspectorate on 
Phytosanitary and Plants Quarantine) under the Mini stry of Agriculture was the agency responsible 
for controls and measures related to plant quarant ine, effected pursuant to Law No. 25 "On Plant 
Quarantine" of 12 May 2001 (replaced by Law No. 498 "On Plant Quarantine" of 26 March 2009).  
He said that the new Plant Quarantine Law wa s adopted to comply with WTO requirements.   
Draft legislation specifying import requirements was being developed.  Asked about Tajikistan's 
phytosanitary certification system and border plan t quarantine inspection measures for imported or 
transiting commodities, the representative of Tajikis tan said that a list of quarantine pests and diseases 
had been established (Table 14(a)).  Phytosanitary  certificates were issued when examinations 
confirmed the absence of objects requiring quarantine.  For goods in transit, the examination covered the transport means as well as exterior examination of the cargo.   
186. Tajik institutions responsible for control, in spection and approval procedures in accordance 
with Annex C of the SPS Agreement were the Agency  of Standardization, Metrology, Certification 
and Trade Inspection (Tajikstandart); the Sanitary and Epidemiologic Inspectorate 
(for pharmaceutical and medical products); the Agency on Protection of Environment and Forestry; Veterinary Service; and the National Quarantine Service.   
187. As per the checklist submitted by Tajikistan in  document WT/ACC/TJK/9, his Government 
did not intend to introduce any new standards, an imal health and food safety regulations, which did 
not comply with the SPS Agreement.  Provisions a nd basic principles of the SPS Agreement which at 
present were not specifically or fully covered by domestic legislation in Tajikistan included 
(i) the transparency requirements  and the establishment of a single enquiry point (Article 7 and 
Annex B of the SPS Agreement); (ii) regulations to be  based on science (Articles  2.2, 3.3 and 5.2 of 
the SPS Agreement); (iii) equivalence (Article 4 of the SPS Agreement); (iv) risk assessment 
(Article 5.1, 5.2 and 5.3 of the SPS Agreement) ; and (v) provisions concerning regional conditions 
(Article 6 and Annex A of the SPS Agreement).  Tajikistan intended to am end the laws "On the 
Quality and Safety of Food Products" (with technical assistance from the FAO), "On Plant WT/ACC/SPEC/TJK/4/Rev.1 
Page 56  
 
 Quarantine", "On Ensuring of Sanitary-Epidemiological  Control of the Population" and the Veterinary 
Law (draft for approval in 2010).  In response to a specific question on the incorporation of Article 6 
of the SPS Agreement in Tajikistan's legislation, he noted that the amendments to the Veterinary Law 
and the Laws "On Plant Quarantine" and "On Pl ant Health" under preparation would capture the 
principle of regional conditions and pest and di sease free areas (or low pr evalence of pests and 
diseases).  
188. Work was underway to address the notificatio n and transparency obligations of the 
SPS Agreement.  Pursuant to Article 4 (Item 2)  of Law No. 56 "On Normative Legal Acts" of 
25 February 2009, draft legal acts may be made available for public review, and the comments 
received may be reviewed and taken into considera tion during finalization of the draft.  Although the 
line ministries were not legally obliged to disseminate draft SPS legislation, some ministries and 
departments presented drafts through websites, bulletin s and periodicals or in round-table discussions.  
For instance, the State Veterinary Service made in formation on animal health requirements available 
in the Veterinary Journal published quarterly a nd was establishing a website.  His Government was 
setting up a single enquiry and notification point within the Ministry of Agriculture (Order No. 133 of 
5 October 2010).  The enquiry point would be fully operational by the end of 2010.  As an interim 
arrangement, the WTO Division of the Ministry of Economic Development and Trade served as an information centre for SPS issues.  A Member ur ged Tajikistan to establish laws or procedures 
providing for prior publication of proposed SPS measu res, notification to the WTO, and reasonable 
timeframes for comments from Members.   
189. Concerning equivalence, he acknowledged that th e existing system was not consistent with 
Article 4 of the SPS Agreement and with OIE, IPCC and Codex standards.  Tajikistan was reviewing 
and amending its legislation over the course of  2010 and would include provisions to cover 
equivalence in line with Article 4 of the SPS Agreem ent prior to accession.  Once the legislation was 
in place, the bodies responsible for equivalence w ould be the State Veterinary Service and the 
Department for Veterinary Bord er and Transport Control.   
190. On risk assessment, he said that there were no prescribed legal procedures for risk assessment 
in the area of food safety.  However, as a member  of Codex Alimentarius, Tajikistan would ensure 
that any independent risk assessment for food safet y would be in full compliance with international 
norms and guidelines.  The methodology and criteria to  assess risk and to determine whether a plant 
or animal pest or disease was no-risk, low-risk, c ontrolled-risk or high-risk was monitoring by the 
relevant agencies.  The responsible authoriti es were the State Phytosanitary and Quarantine 
Inspectorate and the State Veterinary Service for plant and animal pests or diseases, respectively.   WT/ACC/SPEC/TJK/4/Rev.1 
 Page 57 
 
 
 The Committee for the Protection of the Environmen t was responsible for the assessment of risks 
related to pesticides.   
191. On Tajikistan's position with respect to high /low path avian influenza virus in imported 
poultry and poultry products and in relation to Bovine S pongiform Encephalopathy (BSE) in beef and 
live cattle exports, he said that OIE guidance we re followed on high/low path avian influenza.  
Imports of poultry from countries where avian in fluenza had been detected was temporarily 
prohibited.  Domestic poultry was subject to the same treatment.  No cases of BSE had been identified 
in Tajikistan and no policy measures were in place w ith respect to this disease.  OIE would be notified 
and its guidelines would be followed in the event of  an outbreak of BSE.  A Member noted that 
Tajikistan was banning imports of products treated with bio stimulators, antibiotics and hormones, 
and that similar bans had been f ound inconsistent with the SPS Agreem ent.  Tajikistan was requested 
to remove this ban upon accession unless it was able to demonstrate the compliance of this measure 
with WTO Agreements.  The representative of Tajikistan replied that the import ban on bio 
stimulators, antibiotics and hormones remained in force.  The ban was, in his view, based on the 
Terrestrial Animal Health Code of the OIE.  Howe ver, Tajikistan intended to  reconsider the ban and 
regulate the importation of products with bio stimulators, antibiotics and hormones in accordance with 
WTO rules and best international practices.      
- Trade-related investment measures  
192. The representative of Tajikistan said that his Government did not apply any investment 
measures that did not comply with the rules and disciplines of the WTO Agreement on Trade-Related 
Investment Measures.   
- Free zones, special economic areas 
193. The representative of Tajikistan said that work was underway to develop the necessary 
infrastructure and legal framework for free zones or free economic zones in Tajikistan.  The Law 
"On Free Economic Zones" had been adopted in 20 04 and free zones or free economic zones had been 
established in "Dangara", "Ishkoshim", "Pyanj" an d "Sugd" pursuant to Government Regulation 
No. 227 of 2 May 2008 and No. 74 of 2 February 2009.  He added that a new draft Law "On Free Economic Zones" had been prepared for Government approval.        
194. Free zones or free economic zones were defined as a detached territory within the territory of 
Tajikistan, the perimeter of which was considered the customs border of Tajikistan.  Provisions of 
Tajikistan's customs legislation were not applied in the territory of a fre e zone, but bans or restrictions WT/ACC/SPEC/TJK/4/Rev.1 
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 on specific economic activities could be imposed with in free zones in line with national interests.  
Production and any other commercial operation, except fo r retail trade, was permitted in free zones.   
195. Goods imported or exported from such zones were  not subject to customs duties and internal 
taxes.  However, pursuant to Article 270.1 of th e Customs Code, goods produced in free zones or free 
economic zones would be subject to normal tariffs,  taxes and other customs requirements if sold 
elsewhere in Tajikistan.  He confirmed that WTO provisions would apply within the territory of any 
free economic zones established in Tajikistan, and th at importers and exporters in these zones would 
have recourse to administrative and judicial appeals on the same basis as elsewhere in Tajikistan.  Asked to confirm that the right of firms to estab lish and operate in free zones or special economic 
areas did not depend on export performance, trade ba lancing or local content requirements, he said 
that a new Law "On Free Economic Zones" was being drafted to define the conditions for firms to 
establish and operate in the free economic zones.   
196. The new draft Law would entitle all natural or legal persons, foreign or domestic, to operate 
and establish enterprises within the zone.  Any activit y not explicitly prohibite d by law in Tajikistan 
would be permitted in the zone for a period of 50 year s.  The benefits to be accorded to domestic and 
foreign operators, would include:  tax breaks (excep t on social contribution payments for employees 
and personal income tax); import duty relief (excep t for the customs declaration fee) for goods 
imported that were used for export or consumpti on within the zone; protection from confiscation, 
requisition or nationalization and from "trade policy measures"; access to foreign currency without 
restrictions; the right to transfer profits or fore ign currency receipts from operations within the zone; 
and a simplified regime for foreigners ente ring, staying or departing from the zone. 
197. According to the Customs Code, licenses a nd customs charges for establishing a customs 
warehouse, a duty-free shop, a free warehouse and a temporary warehouse had been eliminated.  
However, registration requirements  applied to legal persons in th eir capacity as owners of warehouses 
of temporary storage, customs warehouses, duty -free shops and customs brokers (representatives).  
No fees were charged for the registration.  Howeve r, as set out in Article 384.1 of the Customs Code, 
if necessary, activities could only be undertaken upon payment of a security deposit or a guarantee. 
198. The representative of Tajikistan confirmed that from the date of accession any free zones or 
other special economic zones in Tajikistan would be  established, maintained and administered in 
conformity with the provisions of the WTO Agreement, including the Agreement on Subsidies and Countervailing Measures and the Agreement on Trad e-Related Investment Measures, and that 
Tajikistan would apply the provisions of the WTO Agreement in all of its free zones or special 
economic zones.  He further confirmed that the righ t of firms to register and operate in these zones  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 59 
 
 
 would not be subject to export performance, trade ba lancing, or local content criteria requirements.  
In addition, goods imported into the zones under provisions that exempt imports from customs duties 
and certain taxes which were then re leased to the rest of the customs territory of Tajikistan, would be 
subject to those duties and taxes and customs fo rmalities when entering the rest of the customs 
territory of Tajikistan.  If those imported goods were reprocessed within the territory of the free zones 
or other special economic zones, the duties and taxes for those goods were to be paid when the final 
products would be entering the rest of the customs territory of Tajikistan.  The Working Party took 
note of these commitments.   
- Government-mandated barter and counter-trade  
199. The representative of Tajikistan said that Tajikis tan did not engage in Government-mandated 
counter-trade or barter.  He noted that the Tajik Aluminium Plant bartered primary aluminium for raw 
materials and production equipment and that the volume of this trade was determined by the Ministry 
of Economy and Trade and his Government.  He c onfirmed that the Tajik Aluminium Plant was not 
subject to any import substitution or export performance requirements.   
- Government procurement 
200. The representative of Tajikistan said that La w No. 511 "On Government Procurement of 
Goods, Works and Services" of 12 December 1997 re gulated government procurement procedures 
and practices.  Enhancing participation and comp etition among domestic and foreign suppliers was 
one of the main objectives of the existing government  procurement legislation.  The Law stipulated 
equal opportunities for domestic and foreign suppliers to participate in government procurement, but 
also allowed procurement to be reserved for domestic suppliers in certain circumstances.  
A preferential margin of 20 per cent was allowed in the procurement of goods, and 10 per cent for 
works (Article 18).  The preference margin fo r works was only available provided domestic labour 
was used, and the local content of materials and other inputs was minimum 30 per cent.  A 10 per cent 
preferential margin could also be applied to domes tic suppliers of consulta ncy services provided that 
minimum 70 per cent of the permanent staff was recruited locally.  He added that a new Law "On State Procurement of Goods, Works and Servi ces" was in preparation.  The new Law would 
remove the restrictions in existing legislati on on the participation of foreign suppliers.   
201. Tajikistan had established a State procuremen t agency under the Ministry of Economy and 
Trade, responsible for government procurement since 2001.  The State procurement agency performed its activities in accordance with domestic  law, and the recommendations, norms, legal WT/ACC/SPEC/TJK/4/Rev.1 
Page 60  
 
 documents or standards of UNCITRAL (UN Commi ssion on International Trade Law), the World 
Bank, and the International Development Association. 
202. The procedures for government procurement were  initiated by a Government body or entity 
submitting a request, including the nomenclature and pr ocurement conditions, to the authorized State 
procurement agency.  The authorized agency, join tly with the concerned Government ministries, 
would then set up a tender commission and invite the participation of interested parties in a tender 
through the mass media, i.e. national television a nd radio, and printed media.  Open competitive 
bidding was the main method used for tenders.  A minimum of three participants was required for a 
quorum.  The same quorum was envisaged for pr ocurement in a two-stage bidding method.  
The authorized State procurement agency also used  alternative procurement methods such as requests 
for proposals, requests for quotations and single source procurement.  The procurement method 
chosen depended on factors and criteria such as th e size and volume of the procurement contract, its 
duration, the type of product or service involved a nd the characteristics of th e market concerned.  
At the end of the period stated in the tender i nvitation, the Tender Commission would open the sealed 
bids, and announce the preliminary result and winning bid.  The State procurement agency, jointly 
with the concerned Government ministries, would ex amine the qualifications of the declared winner 
and decide whether to award the tender.  An ag reement and a Tender Commis sion protocol would be 
prepared for signature.  One copy of each documen t was sent to the State procurement agency for 
safe-keeping; the Ministry of Finance for the paym ent of dues; and the concerned Government entities 
and winning bidder for the implementation of the pr ocurement order.  He noted that government 
procurement was increasingly effected through tenders (Table 15). 
Table 15:  Government Procurement Tenders
 
Indicator 2006 2007 2008 
Tenders conducted 2,390 3,309 3,355 
Total government proc urement agreements 
concluded (thousand Somoni) 110,713 199,556 282,815 
 
203. The representative of Tajikistan confirme d Tajikistan's willingness to accede to the 
Agreement on Government Procurement.  Tajikis tan was willing to become an observer to the 
Agreement upon accession, and submit an application fo r membership with a coverage offer within 
one year after accession to the WTO.  
- Transit 
204. The representative of Tajikistan said that goods co uld transit through the customs territory of 
Tajikistan freely and without restriction, except fo r goods, works or services specified in Resolution  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 61 
 
 
 No. 111 "On Measures to Improve Foreign Economi c Activities in the Republic of Tajikistan" of 
19 February 1997.  In accordance with this resolution,  transit was restricted for  (i) uranium and other 
radioactive substances, nuclear technologies, applia nces, equipment or plants and other sources of 
radiation including radioactive waste; (ii) gunpowde r, explosives and related waste; (iii) drugs and 
psychotropic or toxic substances; (iv) military equi pment, arms and munitions, spare parts, military 
works and services, including engineering or documentation for military production, military 
uniforms and related items for military use; (v ) cryptographic devices, including cryptographic 
equipment, spare parts and cryptographic software ; (vi) mineralogy and palaeontology materials, 
information on mineral resources and oilfields in Tajikistan, including charts, maps and drawings; 
(vii) works of art, collectables and antiques of si gnificant artistic, historical, scientific and cultural 
value; and (viii) endangered wild animals and birds.  
205. Within the framework of the customs unions  to which Tajikistan was a signatory, the 
"Agreement on Unified Transit Conditions via Te rritories of Customs Union Member-States" of 
22 January 1998 had entered into force on 4 January 1999.  The objective of this Agreement was to 
unify customs legislation, customs processing, transit controls; to eliminate barriers and restrictions 
on transit; and to facilitate trans it trade in the member States. 
206. Transit trade was significant in Tajikistan give n its geographical location.  His Government 
had been a member of the Economic Cooperation Or ganization (ECO) Transit Trade Agreement since 
April 1996.  Tajikistan fulfilled its international commitments on transit as an ECO member.  
The ECO Transit Trade Agreement covered transportation by road, rail, sea and air. 
- Agricultural policies 
(a) Imports 
207. The representative of Tajikistan said that the im port of agricultural goods did not differ in any 
respect from the import of non-agricultural goods.  Ag ricultural products were not subject to special 
duties.  Imports of plants, animals, and products thereof, were subject to sanitary and phytosanitary 
requirements in accordance with existing legislation.   
208. He confirmed that Tajikistan did not apply an y of the measures prohibited under Article 4.2 
of the WTO Agreement on Agriculture, such as qua ntitative import restrictions, variable import 
levies, minimum import prices, discretionary import licensing, non-tariff measures maintained 
through State trading enterprises, voluntary export re straints, and similar border measures other than 
ordinary customs duties.   WT/ACC/SPEC/TJK/4/Rev.1 
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 (b) Exports 
209. The representative of Tajikistan said that exports  of agricultural products were governed by 
the same general rules, disciplines and procedures applied to non-agricultural exports.  Tajikistan 
provided no direct export subsidies for agricultura l products.  Export credits and export guarantee 
schemes were also currently not in use.   
210. Some Members welcomed Tajikistan's inten tion to bind export subsidies at zero upon 
accession.   
  (c) Internal policies 
211. The representative of Tajikistan provided in formation on domestic support and export 
subsidies in agriculture during 2001-2003 in document WT/ACC/SPEC/TJK/3, and for the period 
2003-2005 in documents WT/ACC/SPEC/TJK/3/Revisi ons 1 and 2.  During 2003-2005, Tajikistan 
provided "green box" support averaging Somoni 25.3 million (US$8.3 million) per year, mainly on 
infrastructural services and public stockholding of wh eat (in 2005).  Tajikistan also reported measures 
with reference to Article 6.2 of the Agreement on Ag riculture, primarily in the form of foreign-funded 
non-repayable investment grants.  All "amb er box" support fell below the 10 per cent de minimus 
threshold during the reporting period.   
- Trade in civil aircraft 
212. The representative of Tajikistan said that aircra ft, spacecraft, and their parts thereof were 
subject to a 5 per cent import duty (Decree No. 450 of 25 October 2003).  The import of aircraft was 
not subject to any licensing requirements.   
213. In response to a specific query, the representa tive of Tajikistan indicated that Tajikistan 
intended to accede to the Agreement on Trade in Civil Aircraft upon accession.   
- Textiles Regime 
214. The representative of Tajikistan said that Ta jikistan had signed a Textile Trade Agreement 
with the European Community in July 1993, subsequently extended until 31 December 2003.  
Tajikistan had been accorded the status of a standard  beneficiary country in the European Union, and 
enjoyed a 15 per cent reduction in the MFN ta riffs on textile exports to this market.  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 63 
 
 
 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
- Industrial property protection 
215. The representative of Tajikistan said that Article 40 of the Constitution established the 
principle of intellectual property protection.  Tajikistan aimed at achieving world standards in 
intellectual property rights (IPR) protection by impr oving and developing its legislation; establishing 
competent bodies and executive authorities to enhance implementati on and enforcement; 
strengthening judicial procedures and the court system; and increasing public awareness of intellectual property protection.   
216. Detailed information on the implementation of the WTO Agreement on Trade Related 
Intellectual Property Rights (TRIPS Agreement)  was provided in document WT/ACC/TJK/10 and 
Revision 1.  The Legislative Action Plan (WT/ ACC/TJK/7 and its Revisions) also highlighted 
legislation enacted or pending to bring Tajikis tan's legislation into conformity with the 
TRIPS Agreement.   
- Responsible agencies for policy formulation and implementation 
217. The representative of Tajikistan said that the ag encies responsible for IPR policy formulation 
and implementation were (i) the National Centre  for Patents and Information (NCPI) under the 
Ministry of Economic Development and Trade, inter alia responsible for the protection of inventions, 
industrial designs, trademarks, service marks and appella tions of origin; (ii) the Division of Copyright 
and Related Rights under the Ministry of Culture; (iii) the State Commission on Plant Varieties within 
the Ministry of Agriculture, responsible for protection of plant varieties; (iv) the Department for Anti-monopoly Policy and Development of Comp etition within the Ministry of Economic 
Development and Trade, responsible for implemen ting Tajikistan's competition policy legislation, 
including provisions prohibiting unauthorized use of trademarks, trade packaging and undisclosed 
business information; (v) the Customs Service (speci al border measures); and (vi) other Government 
agencies and organizations such as the Supreme Ec onomic Court and the Ministry of Interior.   
- Participation in international intellectual property agreements 
218. The representative of Tajikistan said that Ta jikistan had acceded to the World Intellectual 
Property Organization (WIPO) in January 1994.  On industrial property pr otection, Tajikistan had 
ratified and implemented the Convention Establis hing the WIPO; the Paris Convention for the WT/ACC/SPEC/TJK/4/Rev.1 
Page 64  
 
 Protection of Industrial Property; the Madrid Agre ement Concerning the International Registration of 
Marks; the Nice Agreement Concerning the Interna tional Classification of Goods and Services for the 
Purposes of the Registration of Marks; the Lo carno Agreement Establishing an International 
Classification for Industrial Designs; the Patent  Cooperation Treaty; the Strasbourg Agreement 
Concerning the International Patent Classificati on; the Budapest Treaty on the International 
Recognition of the Deposit of Micro-organisms for th e Purposes of Patent Procedure; and the Nairobi 
Treaty on the Protection of the Olympic Symbol.   
219. Tajikistan was a member of the Universal Copy right Convention.  Tajikistan had acceded to 
the Berne Convention for the Protection of Litera ry and Artistic Works in March 2000, the Rome 
Convention on the Protection of the Rights of Perfo rmers, Producers of Phonograms and Broadcasting 
Organizations in May 2008 and the WIPO Copyright Treaty in April 2009.  The Division for 
Copyright and Related Rights was considering a nd preparing Tajikistan's accession to the WIPO 
Performances and Phonograms Treaty; the Convention for the Protection of the Interests of Producers 
of Phonograms from Illegal Broadcasting of thei r Phonograms (the Geneva Convention); and the 
Convention Relating to the Distribution of Pr ogramme-Carrying Signals Transmitted by Satellite 
(the Satellite Convention).   
220. Tajikistan was represented in the International Union for the Protection of New Varieties of 
Plants (UPOV).  His Government had submitted an application to join the UPOV Agreement in 2003.  
The UPOV Secretariat was reviewing this application.   
221. Within the framework of the Commonwealth  of Independent States, the following 
Agreements had entered into force in Tajikista n - the  Agreement "On Measures for Industrial 
Property Protection and on Creation of the Inte rstate Council on Industrial Property Protection 
Matters" of 12 March 1993; the Agreement "On C ooperation on Suppression of Infringements in the 
Field of Intellectual Property" of 6 March 1998; th e Agreement "On Measures to Prevent the Use of 
False Trademarks and Geographical Indications" of  4 July 1998; and the Agreement "On Mutual 
Security of Interstate Secrets in the Field of Indus trial Property" of 4 June 1999.  Tajikistan had also 
signed and ratified the Euro Asian Patent Conventio n in 1995.  This Convention had established an 
inter-state system of invention protection on the b asis of common patents.  The common patents were 
valid throughout the contracting States, i.e. Armenia, Azerbaijan, Belarus, Kazakhstan, 
Kyrgyz Republic, Moldova, the Russian Fe deration, Tajikistan and Turkmenistan.   
222. On a bilateral level, Tajikistan had made  intellectual property commitments under the 
United States - Tajikistan Trade Agreement of 1993.  The National Centre for Patents and Information 
within the Ministry of Economic Development a nd Trade had signed a mutual cooperation agreement  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 65 
 
 
 with the Russian Agency on Patents and Tradem arks (ROSPATENT).  The Division on Copyright 
and Related Rights also had bilateral agreements with the copyright organi zations of Kazakhstan, 
Kyrgyz Republic, Moldova, the Russian Federation and Uzbekistan.   
- Application of national and MF N treatment to foreign nationals 
223. The representative of Tajikistan said that Tajikis tan's intellectual propert y rights legislation 
provided MFN treatment to all foreign nationals.  National treatment was also provided with some 
qualifications or exceptions as long as this would not contradict the provisions of other international 
agreements to which Tajikistan was a signatory.  The exception to national treatment concerned a 
differential fee structure for foreign and domestic nati onals.  He noted that Tajik  nationals not resident 
in Tajikistan, or foreign legal entities which did not  have permanent establishments in Tajikistan, had 
to register patents or trademarks through patent attorneys accredited with the NCPI.   
- Fees and taxes 
224. The representative of Tajikistan said that a temporary measure, set out in Decree No. 533 
"On Regulations of State Patent Fees" of 28 November 1994, had established different fees - and 
different methods for tabulating the fees - for foreig n nationals and citizens of Tajikistan.  Fees were 
charged for legal procedures and a pplications to grant and renew i ndustrial property protection, to 
register licence agreements, and to lodge appeals with  the Appeal Board of the NCPI.  Fees were also 
charged for copyright and related rights.  The f ees and charges are enumerated in Table 16.   
225. Asked to update the Working Party on the elimin ation of the discriminatory and differential 
fee structure, he said that Tajikistan planned to adopt  a system that would differentiate on the basis of 
per capita income (UN calculations).  Citizens of  countries with per capita income of less than 
US$3,000 would be entitled to a preferential fee (r egardless of the nationality of the applicant).  
As per the legislative action plan (WT/ACC/TJK/7/Rev.4), new patent fees would be implemented through a Government Resolution by end 2010.   
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENA NCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 226. The representative of Tajikistan said that  the Law No. 726 "On Copyright and Related 
Rights" of 13 November 1998, as amended, governed  copyright protection in Tajikistan.  Tajikistan WT/ACC/SPEC/TJK/4/Rev.1 
Page 66  
 
 had been a member of the Berne Convention si nce 2000, the Rome Convention since 2008 and the 
WIPO Copyright Treaty since 2009.   
227. In accordance with Articles 5 and 6 of the Law "On Copyright and Related Rights", 
protection was extended to "scientific, literary and artistic works that were the product of creative 
work, regardless of the purpose, the merit and the manner of expression thereof".  Copyright 
protection was provided to authors of oral works (s peeches, reports, etc.), literary works (scientific, 
educational, including computer programmes of bo th source text and objective code), audiovisual 
works, derived works, etc.  In response to a sp ecific query, he confirmed that copyright protection 
also extended to photographs and photographic works.     
228. As provided for in Articles 17 and 42 of the Law, the term of copyright protection in 
Tajikistan was the lifetime of the author and 50 year s after his/her death.  Other related rights were 
protected for 50 years from the first fixation or pe rformance.  Provisions for the protection of moral 
rights, during the author's lifetime and indefinitely after his/her death, were provided for in Article 1130 of the Civil Code and Articles 15 and 17  of the Law "On Copyright and Related Rights".  
Copyrighted works first published up to 30 years afte r the author's death were accorded protection for 
50 years following the authorized publication.  Th e term of protection under the previous copyright 
legislation (Article 493 of the Tajik Civil Code of 1965) had been 25 years.  Works, whose terms of 
protection of 25 years had expired before the entry into force of the new Law in November 1998, had 
become public property.  However, if a work w as still under protection as of 13 November 1998, then 
its term of protection had been increased to 50 years.   This retroactivity principle, in accordance with 
Articles 14.6 and 70.2 of the TRIPS Agreement, had also been extended to sound recordings, 
i.e. the rights of performers and producers of  phonograms, with amendments to the Law 
"On Copyright and Related Rights" introduced in 2009.   
229. Although copyright and related rights were transfer able, in full or in part, and on an exclusive 
or non-exclusive basis, the royalties or minimum (b ut not maximum) remuneration payable to right 
holders were subject to Government regulation (G overnment Decrees No. 252 of 1 July 1999; No. 37 
of 4 February 2002; and No. 351 of 1 August 2006).  In practice, the remuneration was fixed by the 
contracting parties by mutual agreement with due co nsideration given to the type, difficulty, volume 
and significance of the work as well as the qualifications of the author.   
230. The principle of national treatment was respected and provided for in Articles 4 and 30 of the 
Law "On Copyright and Related Rights" (as amended in Law No. 162 of March 2006).  He stated that 
Tajikistan provided copyright protection in full conf ormity with Article 3 of the TRIPS Agreement.   WT/ACC/SPEC/TJK/4/Rev.1 
 Page 67 
 
 
 231. Asked about the points of attachment for the protection of foreign sound recordings and 
whether Tajikistan would join the Geneva Phonogr ams Convention, the representative of Tajikistan 
said that Articles 30 and 42 of the Copyright Law protected the rights of foreign performers and 
phonogram producers.  Tajikistan had also acceded to the Rome Convention, and thus accorded full 
protection to phonogram producers.  With regard  to providing producers of sound recordings an 
exclusive right to public performance and transmission in either analog or digital format, he noted that 
Article 35 of the Law gave phonogram producers remuneration rights and a right to public 
performance.  The Law had been amended in 2006 to provide for transmission rights of public 
performances in digital medium (a dditions to Articles 34 and 35).   
- Trademarks, including service marks 
232. The representative of Tajikistan said that trad emarks were protected in accordance with the 
Law No. 234 "On Trademarks and Service Marks" of 5 March 2007.  The provisions of the 2007 Law 
were in conformity with the provisions of the TRIPS Agreement, including with respect to 
Articles 15.5, 16.2, 19.1 and 21 of the Agreement.   
233. Trademarks and service marks were defined as "designations, capable of individualization 
(distinguishing the) goods, works and services of legal entities or natura l persons engaged in 
commercial activities" .  As provided for in Article 18 of the La w, the ten year term of protection for 
trademarks was renewable, upon request by the right holder during the last year of the term, for additional periods of ten years.   
234. Article 20 of the Law provided for the public ation of information on registration.  
The opportunity to object to the registration of a trademark was given to third parties only after 
publication of the registered trademark in the Official Gazette (Article 33).   
235. Well known marks were protected according to Ar ticles 23 and 24 of the Law.  Procedures 
for the registration of a well known mark were stipulated in "Rules for the Recognition of a 
Trademark as Well Known in Tajikistan", adopted by the Ministry of Economic Development and 
Trade in July 2007.  Whether a mark was well known was determined by (i) territory of use, 
(ii) period of use, (iii) resources spent on advertis ing, and (iv) recognition of the mark.  Specialized 
organizations would conduct sociological surveys to determine the latter.  Tajikistan protected 
trademarks and well known marks without registrati on in accordance with the Madrid Agreement by 
decision of the Appellate Council of the Patent Agency.   WT/ACC/SPEC/TJK/4/Rev.1 
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 236. Asked whether a mark that did not appear on the well known mark registry would still be 
entitled to well known mark status a nd protection pursuant to TRIPS Ar ticle 16, he said that the Law 
"On Trademarks and Service Marks" did not entitle un registered marks to well known mark status and 
such marks were consequently not afforded prot ection applicable to a well known mark.  As of 
1 January 2010, no applications for the registration of a well known mark had been received and there 
were no entries of well known marks in the registry. 
237. Articles 33 and 34 of the Law "On Trademarks and Service Marks" set criteria for the 
termination of protection for a well known mark.  Article 34 of the Law allowed for the cancellation 
of registered trademarks upon submission of a petition, and a court decision to that effect, on the grounds of non-use for an uninterrupted period of three years from the date of registration, or for a period of five years prior to the submission of the court petition.  Other grounds for the cancellation of 
registered trademarks included the expiry of the te rm of protection; liquidation of the owner of the 
trademark; a trademark being recognized as i nvalid; and a trademark owner having voluntary 
surrendered the trademark.  In response to a specifi c query on the implications of the Law "On State 
Language of the Republic of Tajikis tan" of 5 October 2009, he said that the Law had designated the 
Tajik language as the State language.  The new Law, however, did not have any implications for the 
registration and use of foreign trademarks.  Foreign trademarks could be used in their original form 
and content, as registered at the appropriate  trademark or patent office in Tajikistan. 
238. He recognized that Article 21 of the TRIPS Ag reement explicitly prohibited the compulsory 
licensing of trademarks and confirmed that no provisions permitted the compulsory licensing of a 
trademark in Tajikistan.  The Law granted the owner of a trademark the right to transfer (Article 30) 
or assignment (Article 31), while not conditioning the ri ght to transfer on the transfer of business.   
- Geographical indications, including appellations of origin 
239. The representative of Tajikistan said that geogra phical indications were protected pursuant to 
Law No. 236 "On Geographical Indications" of 5 March 2007.  Registrations of appellations of origin 
had previously been undertaken on the basis of te mporary regulations "On Appellation of Origin and 
Grant of the Right to Use It" of February 1995.   
240. An appellation of origin was defined as "a desi gnation which is or contains a contemporary or 
historical name of a country, settlement, location or other geographical object (or a derivative from 
such designation) and which has become known as a r esult of its use in respect of a good the specific 
quality and features of which are essentially or ex clusively defined by natural conditions and/or 
human factors specific to a given geographical object."  Legal protection of appellations of origin was  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 69 
 
 
 provided on the basis of registration or by virtue of  inclusion in international treaties that Tajikistan 
had ratified.   
241. In accordance with Article 22.2(b) of the TRIPS Agreement, the legal means provided to 
interested parties to prevent misleading use of a ge ographical indication, or any use that constituted an 
act of unfair competition within the meaning of Article 10 bis of the Paris Convention, was provided 
for through the Law "On Trademarks and Service Marks" (Article 8), the Law "On Geographical 
Indications" (Article 16), and Article 7 the La w "On Competition and Restriction of Monopoly 
Activity in the Commodity Markets" of 10 Novemb er 2000.  The Competition Law gave interested 
parties an opportunity to file petitions with th e State Anti-Monopoly Agency, which would consider 
the infringements of the Law and take decisions with in the limits of its competence (set by Article 20 
of the Competition Law).   
242. He added that additional protection of geogr aphical indications for wines and spirits, 
as stipulated in Article 23 of the TRIPS Agreement,  was provided for in Article 16 (paragraph 2) of 
the Law "On Geographical Indications" and Articles 8 (paragraph 4) and 9 (paragraph 3) of the Law 
"On Trademarks and Service Marks".       
243. Asked whether a prior-in-time trademark would ha ve priority over a conflicting later-in-time 
geographical indication, the representative of Tajikis tan said that the Law did not provide for priority 
of a geographical indication (appellation or origin) over a prior-in-time trademark, nor did the Law 
provide for a prior-in-time registered trademar k to co-exist with a later-in-time geographical 
indication.   
- Industrial designs 
244. The representative of Tajikistan said th at Law No. 16 "On Industrial Designs" of 
28 February 2004 formed the legislative basis for the protection of industrial designs, replacing a temporary Regulation "On Invention, Utility Models  and Industrial Designs" of 1994.  Tajikistan 
provided protection for an industrial design represen ting "novelty and originality" (Article 5, 
paragraph 2).  The initial term of protection was for ten years, with the possibility of extension for a 
period of not more than five years (Article 6, pa ragraph 4).  The protection of textile designs, as 
stipulated in Article 25.2 of the TRIPS Agreem ent, was provided in Article 6.7 of the Law 
"On Copyright and Related Rights".   WT/ACC/SPEC/TJK/4/Rev.1 
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 - Patents 
245. The representative of Tajikistan said that Law No. 17 "On Inventions" of 28 February 2004 
governed patent protection in Tajikis tan.  The Law was, in his view, in conformity with the provisions 
of the TRIPS Agreement, having replaced a tempor ary Regulation "On Inventions, Utility Models and 
Industrial Designs" of 1994.   
246. In accordance with Article 6 of the Law "On I nventions", patent prot ection was provided for 
inventions considered new, involving an inventive step, and industrially applicable.  The commercial 
exploitation of proposals or solutions contrary to public interests or principles of humanity and 
morality were not recognized as patentable subject matter under the Law "On Inventions".  Scientific 
theories and mathematical methods; methods of or ganization and the management of the economy; 
conventional signs, schedules and rules; algorithms and computer programmes; rules and methods for 
performing mental acts; lay-out designs of construc tions, buildings etc.; and proposals solely related 
to aesthetics and the external appearance of manufact ured products were not recognized as inventions 
and were thus also excluded from patent protection.   
247. Patent protection was granted for a period of twenty years from the date of filing of the 
application with the NCPI.  If a petty patent was converted into a patent, the 20 year term of 
protection applied from the date of filing the appl ication for a petty patent.  As provided for in 
Article 26 of the Law, the rights conferred on the pa tent or petty patent holder included the exclusive 
right to manufacture, use, import, sell and in an y other way put to commercial use the patented 
product or process.  The patent also gave the holde r the right to prohibit the use of the patented 
inventions by other persons, except in cases where such use, in accordance with the Law, did not 
constitute an infringement of the patent owner's exclusive right.   
248. Pursuant to Article 30 of the Law "On Inventio ns", the exclusive right of the holder did not 
preclude the use of a patented invention for non- commercial purposes (scientific research, emergency 
situations, exhaustion of rights, etc.).  Althoug h these exceptions did not, in his opinion, unreasonably 
conflict with a normal exploitation of a patent  and did not unreasonably prejudice the legitimate 
interests of the patent owner, taking account of the legitimate interests of third parties, he 
acknowledged that the text in Article 30 of the La w "On Inventions" did not fully match the language 
used in TRIPS Article 30.  He added that Tajik istan was reviewing its legislation to ensure 
compliance with specific proposals to be put forward over the course of 2010.   
249. On compulsory licensing, he said that Article 28 of the Law "On Inventions" provided for the 
issue of compulsory licenses in compliance with Ar ticle 31(a) through (l) of the TRIPS Agreement.   WT/ACC/SPEC/TJK/4/Rev.1 
 Page 71 
 
 
 Compulsory licenses could be issued for reasons of unjustifiable non-use or insufficient use during a 
minimum period of five years, and after efforts to  obtain a licence on reasonable terms had failed; in 
case of national emergency or similar situations; and in the circumstances foreseen in Article 31(l) of 
the TRIPS Agreement.  Compulsory licenses were non-exclusive and non-assignable.  The decision of 
a court to issue a compulsory licence was communica ted to all parties concer ned.  Importation would 
be considered "use" of a patent in Tajikista n.  Disputes concerning application of the Law 
"On Inventions" and its provisions related to co mpulsory licensing, were resolved in court 
(Article 37).  He said that the Law would be ame nded to ensure full compliance with Article 31(f) of 
the TRIPS Agreement, i.e. use to be authorized pr edominantly for the supply of the domestic market.  
He added that Tajikistan was also reviewing its  legislation to ensure compliance with TRIPS 
Articles 31 (l) (i)-(iii) with specific proposals to be put forward over the course of 2010. 
250. As for process patents, he said that Article 5 of the Law "On Inventions" in his opinion 
fulfilled the requirements of Article 34.1(a) of th e TRIPS Agreement regarding reversing the burden 
of proof to the defendant.   
- Plant variety protection 
251. The representative of Tajikistan said that the La w "On Protection of Plant Varieties" granted 
patents for the protection of plant varieties and an imal breeds.  Patents were obtained by filing an 
application with the State Commission on Plant Varieties under the Ministry of Agriculture.  
Law No. 119 "On Selection Achievements of Ag ricultural Crops" of 4 November 1995, as amended 
in 2002 and 2004, and its implemen ting regulations (Regulation of the State Commission "On Sort 
Tests of Agricultural Crops and Protection of Pl ants", Law No. 25 "On Quarantine of Plants" of 
19 May 2001, and the Regulation "On the Service of  the State Phytosanitary and the Quarantine of 
Plants" approved by Governmental Resolution No. 372 of 1 August 2008) also provided the legislative basis for protection of plant varieties.   Amendments introduced to the Law "On Selection 
Achievements of Agricultural Crops" had incor porated comments from UPOV experts and had - in 
his opinion - brought the Law into conformity w ith the provisions of Article 27.3(b) of the 
TRIPS Agreement.  He added that the Laws "O n Protection of Plant Varieties" and "On Seed 
Farming" had been amended on 5 January 2008.   
252. He said that Tajikistan was seeking to join  the UPOV convention.  An application was 
submitted in 2003 and work was cu rrently underway to incorporate the comments received from the 
UPOV Secretariat into a new draft Law "On Protection of Plant Varieties".  The draft Law would be submitted for Government approval in July 2010. WT/ACC/SPEC/TJK/4/Rev.1 
Page 72  
 
 - Layout designs of integrated circuits 
253. The representative of Tajikistan said that Part 3, Article 1126 of the Civil Code referred to 
layout designs of integrated circuits as "protected  objects".  However, rather than according protection 
through the Law "On Inventions", Tajikistan had introduced a separate Law No. 218 "On the Legal 
Protection of Electronic Integrated Circuits" of 22 December 2006.   
- Requirements on undisclosed information,  including trade secrets and test data 
254. The representative of Tajikistan said that Articles 152-154 of the Civil Code protected 
undisclosed information.  In addition, Article 7 of Law No. 147 "On Competition and Restriction of 
Monopoly Activity in Commodity Markets" of 10 N ovember 2000 also restrict ed the acquisition, use 
and disclosure of scientific, technical, industrial or commercial information, including commercial 
secrets, without the consent of the owner.  Howe ver, Article 7 of Law No. 147 did not apply to 
Government entities, including entities responsible for approval of pharmaceutical or agricultural 
chemical products.  Protection in these instances wa s provided in accordance with Article 152 of the 
Civil Code, which required Government entities to protect commercial secrets.   
255. The Pharmacology Centre at the State Me dication Examination Centre, under procedures 
approved by the Ministry of Health, was res ponsible for keeping all tests and other data  related to the 
marketing of pharmaceutical products in Tajikistan.  Pursuant to Government Resolution No. 391 of 
October 2002, the State Laboratories on Standardiza tion, Certification and Licensing of Veterinary 
Drugs had also been set up for the marketing of  pharmaceutical products using new chemicals and 
protection from unfair commercial use.   
256. In response to a concern raised on how the prot ection of commercial secrets, as provided for 
in Article 152 of the Civil Code, might not provi de sufficient guarantees about reliance when Tajik 
Government authorities were tasked to review  data submitted by companies seeking marketing 
approval for pharmaceuticals, the representative of Tajikistan said that Tajikistan would amend the 
relevant legislation in order to meet the require ments of Article 39 of the TRIPS Agreement with 
specific proposals to be put forward over the course of 2010. 
257. Asked whether Tajik legislation would be amended to ensure co mpliance with Article 39.2 of 
the TRIPS Agreement, he said that Article 153 of the Civil Code would be amended and the 
expression "there is free legitimate access to it"  wo uld be replaced by "absence of free access to it on 
a legal basis".  He added that neither the Civil C ode nor the Law "On Competition and Restriction of 
Monopoly Activity in Commodity Markets" required his Government to preclude reliance by a  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 73 
 
 
 second applicant for registration of a pharmaceutical or drug on the basis of marketing data submitted 
by the first applicant for marketing approval.   
258. As for Tajikistan's compliance with Article 39.3 of the Agreement, he said that the use of 
undisclosed test and other data, without the owner's consent, was deemed a form of unfair competition 
pursuant to Article 7 of Law No. 147 and was cont rary to Article 16 of the Law "On Inventions", 
which stipulated that all materials submitted in th e course of the application process were confidential 
prior to publication, and could not be disseminated to third parties.  Furthermore, Article 153 of the 
Civil Code protected official and commercial secr ets of real or potential commercial value.  
Article 278 of the Criminal Code provided for liability for unauthorized dissemination to third parties.   
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
259. The representative of Tajikistan said that th e abuse of intellectual property rights was 
controlled by means of compulsory licensing and the right to prohibit unfair competition in Tajikistan.  
Provisions of the temporary Regulations "On I nventions, Utility Model and Industrial Designs" 
(Article 10), Law "On Inventions" (Article 28), Law "On Trademarks and Service Marks" (Article 24) 
and the Law "On Competition and Restriction of  Monopoly Activity in Commodity Markets" 
provided recourse to measures in cases of abuse of IPR protection.   
- ENFORCEMENT 
- Civil judicial procedures and remedies 
260. The representative of Tajikistan said that civil judicial procedures and remedies were 
provided for in Articles 11, 12, 15, 152 and 171 of the Civil Code.  Part III of the Civil Code included 
further provisions for the protection and enforcem ent of intellectual property.  Penalties for the 
infringement of intellectual property rights were al so provided for in the Administrative Violations 
Code (Chapter 22).  Provisions regarding the co llection of evidence were contained in the Civil 
Procedure Code (Articles 33, 39, 40 and 41) and th e Criminal Procedure Code (Articles 63 and 80).   
261. In response to queries on the seizure or destru ction of infringed goods and damages awarded 
for IPR violations in civil cases, the representative of  Tajikistan said that Article 15 of the Civil Code 
provided for the complete indemnification of the losses of the intellectual property right holder in 
cases of infringement.  Destruction of the infringe d goods, and the materials or equipment used in 
their production, was carried out in accordance with  Article 847 of the Administrative Violations 
Code and Article 80 of the Criminal Procedure Code .  Furthermore, in accordance with Article 48 of 
the Law "On Copyright and Related Rights", right holders were conferred the right to demand from WT/ACC/SPEC/TJK/4/Rev.1 
Page 74  
 
 the infringer the payment of compensation in the am ount established by the court or the surrender, in 
place of the payment of damages, of revenue de rived by the infringer from the infringement.  
The Law also provided for the cessation of acts infri nging or liable to infri nge the rights of the 
copyright holder.  Counterfeited goods or works seize d in Tajikistan could, upon request, be handed 
over to the copyright holder or destroyed.  Comp ensation for losses was provided for in Article 32 of 
the Law "On Trademarks and Service Marks".  Artic le 156 of the Criminal C ode defined "significant 
damage" with regard to infringement of patents or copyright and related rights as damage exceeding 
1,000 calculation units (i.e. US$8,000 or 35,000 Somoni ).  There were no such thresholds defined in 
the Civil Code or the Administrative Violati ons Code, as these codes provided protection and 
remedies regardless of the amount of damage.   
262. He added that it was necessary to create patent courts in Tajikistan as presently all 
patent-related disputes were considered by the Boar d of Appeals in the NCPI, and in some cases, the 
Supreme Economic Court of Tajikistan.   
- Provisional measures 
263. The representative of Tajikistan said that provisional measures for the protection of 
intellectual property were available pursuant to the Civil Procedure Code (Articles 33, 38, 41 and 
142-147) and the Economic Procedure Code (Article s 54, 71 and 72).  However, existing provisions 
did not grant judges the authority to order injunctions inaudita altera parte , and the Codes would be 
amended to provide indemnificati on to the defending party for harm caused by unjustified provisional 
measures.   
- Administrative procedures and remedies 
264. The representative of Tajikistan said that Tajik istan's legislation envisaged administrative 
procedures and remedies if the nature of the infri ngement or violation of intellectual property rights 
did not constitute a criminal offence under existing laws.  Administrative decisions or orders could be 
appealed in courts according to Article 11 of the Civil Code.  District (municipal) courts were 
authorized to examine such cases.   
265. Violations of copyright and related rights were subject to administrative fines and the 
confiscation of such works or goods in accordance with Articles 375-381 and 847 of the 
Administrative Violations Code of 31 December 200 8.  Fines were imposed not less than two months 
from the date of infringement, and ranged from 3 to 300 calculation units.  The fines ranged from 
5 to 400 calculation units for repeat offences.  Article 376 of the Code included penalties for illegal  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 75 
 
 
 manufacture, import, sale, or rent of pirated optical  media.  Detailed administrative procedures were 
set out in the legislation to determine and verify  the violation of rights, to take the necessary 
administrative decisions and, if necessary, to prep are the case for court.  The Ministry of Internal 
Affairs (Department to Combat Against Infringements of Intellectual Property Rights) and the Prosecutor's Office were responsible for implem enting administrative measures and penalties.  
Final decisions on administrative fines were taken by the district (municipal) judicial courts.     
266. Administrative remedies were also available pursuant to Articles 9 and 16 of the Law 
"On Competition and Restriction of Monopoly Activity in Commodity Markets" for the unauthorized use of trademarks and illegal use of undisclosed inform ation, etc.  However, fines were not applied on 
the basis of this Law as the Civil Code, the Code of Administrative Violations and the Criminal Code 
were more relevant for matters of in tellectual property protection.     
- Special border measures 
267. The representative of Tajikistan said that the Customs Code (Chapter 54) contained 
provisions on special border measures.  In addition,  relevant provisions were reflected in Resolution 
No. 185 "On Adopting the Decision on Rules of Customs Control Over the Movement of Goods 
Containing Objects of Intellectual Property" of 30 April 2002, in Instruction No. 337-f "On the 
Manner of Control of Goods Containing Objects of IPRs" of 10 October 2005, a nd in other legislative 
acts.  He added that to date, these measures provided for in the legislation had never been invoked.  
268. A new regulation to implement the CIS Heads of State Decision "On Rules for Customs 
Control of Transfer across the Customs Border of Goods Containing Intellectual Property Objects" 
was being developed.  Item 10 of the CIS Heads of State Decision entitled custom bodies to suspend 
or withdraw the release of goods that contained in tellectual property if evidence indicated that the 
goods were counterfeit.  Decisions on the merits of a case were referred to the judicial authorities in 
Tajikistan.  Provisions for the suspension of rel ease of counterfeit or pi rated goods, upon written 
request from the right holder or his/her representativ e, were also provided for in Chapter 54 of the 
Customs Code and Section V(5.7) of the Instructi on "On the Manner of Control of Goods Containing 
Objects of Intellectual Property Rights".  He consid ered these provisions to be in conformity with 
Article 55 of the TRIPS Agreement.  Chapter 54 of th e Code also applied to the exportation of fake or 
pirated goods from Tajikistan.  These special borde r measures applied to the transit movement of 
counterfeit or pirated goods, except in respect to goods  transiting in international postal shipments.  
Pursuant to Article 444 of the Customs Code, pr ovisions for the suspension of release were not 
applied to goods with objects of intellectual prope rty carried through the border by physical persons, 
or sent in international postal shipments in "insi gnificant quantities", if such goods were intended for WT/ACC/SPEC/TJK/4/Rev.1 
Page 76  
 
 personal use and non-commercial activities. Asked to provide more precision to the term 
"insignificant quantities", he referred to Governme nt Resolution No. 544 which allowed simplified 
customs formalities for goods imported for personal use within a value limit of US$1,000 and weight 
limit of 50 kilograms.  The value limit amounted to 150 calculation units for goods shipped via international mail.   
269. An application for invoking special border meas ures had to be accompanied by an appropriate 
collateral.  The procedure by which a right holde r submitted collateral to custom bodies in Tajikistan 
was outlined in the CIS Heads of State Decision.   He added that the collateral or financial 
commitment guaranteed the refund of costs incu rred by the customs body and compensation, if 
necessary, to the importer.  Provisions to establish th e amount of the collateral and the refund of costs 
incurred by a custom body were in preparation.   
270. In accordance with Item 8 of the CIS Heads of  State Decision and Article 442 of the Customs 
Code, an applicant or declarant could take samp les and photos for an expert examination of the 
suspected counterfeit or pirated goods.  Article 442  of the Code developed further the procedures 
relating to the right of inspection and information.   The Customs body could provide the right holder 
with information he/she might need to prove the violation of his/her rights such as the address and 
other details of the consignor, expor ter or importer, as well as data on the quantity of goods suspended 
or withdrawn from release by Customs.   
271. The existing legislation did not establish conditions for the customs authorities to act 
ex officio  nor for public officials to be held liable wh en acting in bad faith.  Some Members urged 
Tajikistan to address the deficiency and amend its legi slation to ensure TRIPS compliance in this area.  
- Criminal procedures 
272. The representative of Tajikistan said that the Crimin al Code (Articles 156, 275, 277, 278, 294, 
298, and 301) established criminal penalties for th e wilful infringement of copyright and patents 
(Article 156), trademarks (Article  275), unauthorized acquisition or di sclosure of commercial or bank 
secrets (Articles 277 and 278), unfair competition and the deception of consumers (Article 294), and 
the unauthorized access or acquisition of (undisclo sed) computer information (Articles 298 and 301).  
The level of counterfeit activity considered "signifi cant damage" that could be subject to criminal 
prosecution, including imprisonment had been define d by Article 156 of the Criminal Code, and had 
been set as damages exceeding 1,000 calculation units (i.e. US$8,000 or 35,000 Somoni).    WT/ACC/SPEC/TJK/4/Rev.1 
 Page 77 
 
 
 273. Asked about measures in place to address domestic production of pirated optical media 
(videos, CDs, DVDs) or the inter-State trade in pi rated goods and to monitor black market operations, 
he said that a Department for Fighting Crime Rela ted to Intellectual Prope rty had been established 
within the Directorate for Fighting Organized Cr ime in the Ministry of Internal Affairs.  
The Department directly intervened or coordinate d its activities with other law enforcement agencies 
to prevent, detect, and contain trade in pirate d or counterfeit goods.  The Department was also 
involved in raids and confiscation of such goods. 
274. In accordance with Article 122 of the Criminal Procedures Code, criminal investigations and 
cases were pursued by the Office of the Public Prosecutor.  The Prosecutor's Office had processed 
55 criminal cases in 2003, 135 cases in 2004 and 86 cases between 2006 and 2009.   Penalties, as set 
out in the Criminal Code, ranged from 200 to 1,500 calculation units and/or imprisonment for up to 
five years for copyright, patent or other industria l property infringements.  For repeat offences, and 
following the exhaustion of available administrative remedies, criminal penalties for the illegal use of 
trademarks ranged from 1 to 2,000 calculation units  and/or imprisonment for up to six months, or 
disciplinary works for up to two years.   
275. A Member noted the inconsistencies between Article 80 of the Criminal Procedure Code 
which allowed "goods with no value and that can't be used" to be destroyed or transferred, upon 
request, to "appropriate organizati ons" and Article 61 of the TRIPS Agreement which provided for the 
"seizure, forfeiture, and destruction of any mate rials in the commission of the offence" without 
exceptions for goods with "no value and that can't  be used".  In response, the representative of 
Tajikistan acknowledged the underlying  inconsistencies and said th at Tajikistan would amend its 
legislation to meet the requirements of  Article 61 of the TRIPS Agreement.   
VI. POLICIES AFFECTING TRADE IN SERVICES 
[Tajikistan submitted an initial offer on specific  commitments in services in February 2004 
(WT/ACC/SPEC/TJK/2).  The latest revised offer is dated September 2010 
(WT/ACC/SPEC/TJK/2/Rev.4). ] 
276. The representative of Tajikistan said that servi ces accounted for about 42 per cent of GDP.  
Trade in services had increased ten-fold over the last decade from US$50.2 million in 1998 to 
US$504.2 million in 2008.  Services incidental to mining and transportation services were the 
principal service sectors in Tajikistan.  Tourism, education, communications and construction services 
were also important.  Information, based on the format of WT/ACC/5, was provided in Annex 7 of 
document WT/ACC/TJK/3.   WT/ACC/SPEC/TJK/4/Rev.1 
Page 78  
 
 277. As a transition economy the State's role in th e provision of services had evolved, and been 
reduced over time, in tandem with an increasing ro le of the private sector.  The Ministries and 
Government bodies responsible for services trade in Tajikistan included the Ministry of Economy and 
Trade; the Ministry of Finance; the Ministry of Transport and Communication; the Ministry of Energy; the Ministry of Health; the Ministry of Edu cation; the Ministry of Justice; the Ministry of 
Culture; the Ministry of Agriculture; the Ministry of Industry; the Ministry of Water Resources; the 
Ministry of Labour and Social Protection; the Nati onal Bank of Tajikistan; the State Unitary Tourism 
Enterprise "Sayoh"; and the Government Committee on Architecture and Construction.   
278. Tajikistan's services regime imposed few limita tions on market access and national treatment.  
A requirement for foreign enterprises to hire at l east 70 per cent of their work force locally, imposed 
by Article 27 of the Foreign Investment Law of 10 March 1992, did not apply to domestic enterprises.  
279. Concerning legal services, he said that foreign legal entities had the right to set up affiliates 
and representative offices in Tajikistan in accord ance with the Civil Code.  As per the Law 
"On Advocacy" of 4 November 1995, Tajikistan recogni zed, on a mutual basis, the rights of foreign 
lawyers to provide legal services on its territory withou t the right or requirement to open legal offices.  
Consistent with the existing legislation, foreign la wyers were allowed to apply and obtain a licence to 
practice in Tajikistan on the same basis as local candidates, if he/she had a diploma of higher 
education in law from Tajikistan, or a diploma fro m other CIS countries acknowledged by Tajikistan.  
Article 210 of the Economic-Procedur al Code governed the participation of foreign lawyers in 
non-judicial proceedings, such as arbitration or me diation, and provided fore ign persons or entities 
with equal rights in such proceedings.   
280. With regard to financial services, and specifically to the licensing requirements for banking 
services applied by the National Bank of Tajikista n, he confirmed that the same standards and 
requirements were applied to fo reign and domestic banks.  A specialized agency on securities had 
been created under the Ministry of Finance for th e further development of a securities market in 
Tajikistan.  A National Real Estate Exchange had also been created.  The Law "On Securities and 
Stock Exchanges" regulated securities transactions.  However, a secondary market in securities was 
still at its formative stage.   
281. Article 51 of the Civil Code and the Law "On In surance" governed the provision of insurance 
services.  Licenses to participat e in insurance activities were issued by the State Insurance 
Inspectorate under the Ministry of Finance.  Foreig n nationals or legal entities could establish limited 
liability or joint stock insurance companies, with foreign investment limited to 49 per cent of the 
statutory funds of the company.    WT/ACC/SPEC/TJK/4/Rev.1 
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 VII. TRANSPARENCY 
- Publication of information on trade 282. The representative of Tajikistan said that Law No. 54 "On Normative Legal Acts" of 
8 December 2003 provided for the publication of nor mative legal acts, except for acts containing State 
or other secrets protected by law.  Article 6 of the Law defined normative legal acts as official documents with instructions of ge neral application, amending or rep ealing regulations adopted by the 
State, authorized officials or through referendum.  Judicial decisions were not covered by the Law.  
In response to a specific query, he added that only decisions or rulings of general application issued 
by the Constitutional Court were published in the print media.   
283. Pursuant to Articles 53 and 54 of the Law, normative legal acts were published in three 
official publications ("Akhbori Majlisi Oli", the newspa per "Jumhuriyat", and the Code of Laws of the 
Republic of Tajikistan) within fifteen days of  being signed into law by the President.  
These provisions were, in his view, in full complianc e with Article X of the GATT.  The legal acts 
came into force only upon publication.  On issues of importance and of gene ral public interest, the 
publication of draft acts was envisaged in the mass me dia for public discussion.  Article 45 of the Law 
"On Normative Legal Acts" would be amended to ma ndate agencies to publish draft legislation for 
comment.  In practice, interested parties were gi ven one month to forward comments.  Suggestions 
and comments received from the public were consid ered in the revision of these draft laws.   
284. In accordance with Regulation No. 456 of 5 October 2001, all normative legal acts of 
Ministries and State agencies were published, ex cept for acts containing State or other secrets 
protected by Law.  The legal acts were published in  official publications and would come into force 
only upon publication.  He confirmed that this re quirement also covered the normative acts of custom 
bodies in Tajikistan.  Legal normative acts regulati ng the activities of Tajikistan's tax and customs 
bodies were published in the weekly publications "Boju Hiroch" and "Vestnik".  The press service of 
the Ministry of Public Revenues also provided in formation on tax and customs matters to the mass 
media.   
- Notifications 
[to be completed] WT/ACC/SPEC/TJK/4/Rev.1 
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 VIII. TRADE AGREEMENTS  
285. The representative of Tajikistan said that Tajikis tan had signed bilateral agreements for MFN 
treatment with Afghanistan, Austria, Hungary, Viet  Nam, Kuwait, Pakistan, Romania, Syria, the 
Slovak Republic, India, Islamic Republic of Ira n, Peoples Republic of China, United States of 
America, Turkey, and the Czech Republic.  Preferen tial treatment could be accorded to States which 
had a Free Trade Agreement or a Customs Union with Tajikistan, or which as developing or 
least-developed countries received preferences in accordance with the Ge neralized System of 
Preferences (GSP).  The list of beneficiaries of the GSP scheme of Tajikistan was revised by his Government at least once every five years.  Pr esently, Tajikistan accorded  duty-free treatment to 
goods exported by the least-developed countries in accordance with Resolution No. 450 "On Customs 
Tariff" of 25 October 2003.   
286. As provided for in the Ashgabat Agreement on "General Conditions and Mechanism of 
Support for Development of Pr oduction Cooperation of Enterprises and Branches of CIS 
Member-States", the parties to th is Agreement had undertaken to cooperate on the custom clearance 
of goods and not to apply import and export duties, ta xes, excise taxes and qua ntitative restrictions on 
goods, delivered by way of cooperation, within the fra mework of this Agreement.  Pursuant to this 
Agreement, Tajikistan had approve d the procedures for the transfer of goods through its custom 
borders through Regulation No. 28 of 12 January 1996.  Bilateral Agreements on Cooperation in 
production had been signed with the Governme nts of the Russian Federation and Moldova.  
The Ministry of Energy and Industry had also signed Cooperation Agreements with the Ministries of 
Industry of Belarus, the Kyrgyz Republic and Ukraine.   
287. He stated that Tajikistan had not considered  the creation of a single agricultural market 
among the CIS member States.  However, this issu e had been discussed within the Organization of 
Central Asian Cooperation (OCAC).  A draft text on the "Creation of  a Food Market Consortium" had 
been agreed at the working group level, and wa s under active consideration by the OCAC member 
States.   
288. Tajikistan was a member of the Euro-Asian Economic Community.  The Treaty establishing 
the Euro-Asian Economic Community had been signed on 10 October 2000.  The other member 
States of this Community were the Russian Fe deration, Kazakhstan, the Kyrgyz Republic and 
Belarus.  Commodities imported from the member-s tates of the Euro Asian Economic Community 
were granted certain preferential tariffs and duty exemptions.  Work was underway to create a single 
domestic market, single customs territory and single customs tariffs; to harmonize economic and trade  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 81 
 
 
 regulation; and to abolish customs control over the internal borders of the member States.  
A coordinated policy on the application of trade remedies was also envisaged.   
289. Responding to concerns that the establishment of  a free trade area or customs union within the 
meaning of Article XXIV of the GATT 1994 and the Uruguay Round Understanding on that 
Article required a plan and schedule for the eliminat ion of duties on substantially all trade and other 
regulations of commerce between the constituent par ties, the representative of Tajikistan noted that 
the Treaty envisaged the adoption of documents conf irming the staging of the integration between the 
Member States of the Eurasian Community.   
CONCLUSIONS 
[to be completed] WT/ACC/SPEC/TJK/4/Rev.1 
Page 82  
 
 ANNEX 1  
Laws, Regulations and Other Information Pr ovided to the Working Party by Tajikistan
 
- "Tax Code" of the Republic of Tajikistan of 3 December 2004; 
- Law No. 133 "On Introducing Amendments in to the Law of the Republic of Tajikistan 
"On Banks and Bank Activity"" of 28 December 2005; 
- Protocol No. 51 "On Procedure for Issuing Perm ission for Residents for Opening of Accounts 
in Foreign Currency in Banks Outside of the Republic of Tajikistan"  of 16 September 1997; 
- Decree No. 113 "On Putting into Effect the La w of the Republic of Tajikistan on Foreign 
Exchange Regulation and Control" of 4 November 1995; 
- Decree No. 1249 "On Liberalization of Currenc y and Export Operations and Measures to 
Ensure Complete Return of the Currency Proceeds to the Republic of Tajikistan" of 
13 July 1999; 
- Instruction No. 142 "On Order of Import into th e Republic of Tajikistan and Export from the 
Republic of Tajikistan of Foreign Currency in Cash and Securities in Foreign Currency" of 
11 October 2005; 
- Instruction Regulation "On the Procedure to  Implement Currency Control on Exchange 
Earnings in the Republic of Tajikistan Co ming from the Export of Merchandise" of 
14 August 1996; 
- Regulation No. 51 of the Republic of Tajik istan on "Procedure of Carrying Currency 
Transactions Related to Capital Movement" of 16 September 1997; 
- Law No. 555 "On Foreign Investment in the Republic of Tajikistan" of 10 March 1992; 
- Law No. 260 "On Investments" of 12 May 2007; 
- Law No. 10 "On State Enterprises" of 28 February 2004; 
- Charter of the State Unitary Enterprise "Khurokvori"; 
- Resolution No. 310 "On Approval of the Re gulation on Procedure of Formation and 
Application of Free Prices and Tariffs" of 4 May 1995; 
- Decree No. 526 "On Natural Monopolies of 13 December 1997; 
- Extract from the Law "On Competition and the Restricting of Monopoly Activities in 
Commodity Markets" of 10 November 2000; 
- Law No. 54 of the Republic of Tajikistan on "Normative Legal Acts of the Republic of 
Tajikistan" of 8 December 2003; 
- Resolution No. 456 "On Approval of Regulati on on the Procedure of State Record and 
Registration of Normative-Legal Acts of th e Republic of Tajikistan" of 5 October 2001; 
- Articles 11, 15, 137 and Chapter 4 (Articles  48- 135) of the "Civil Code" of the Republic of 
Tajikistan; 
- Chapter 4 of the Code "On Economic Court Proceedings"; 
- Articles 33 – 41 and Chapter 13 (Articles 142 - 147) of the Code "Of Civil Procedures"; 
- Article 156 of the Criminal Code No. 575 of 21 May 1998; 
- Law No. 3 of the Republic of Tajikistan on "E xternal Economic Activity in the Republic of 
Tajikistan" of 27 December 1993; 
- Law No. 3 "On Introducing Amendments and A dditions into the Law of the Republic of 
Tajikistan 'On Foreign-Economic Activity of the Republic of Tajikistan'" of 
28 February 2004; 
- Law No. 822 of the Republic of Tajikistan on the "State Regulation of External Trade 
Activities" of 3 September 1999; 
- Law No. 5 "On State Registration of Legal Entity" of 22 April 2003; 
- Law of the Republic of Tajikistan on "State Duty" of 28 February 2004; 
- "Customs Code" of the Republic of Tajikistan of 3 December 2004; 
- Resolution No. 472 "On Approval of Rates of Customs Fees for Customs Services Rendered" 
of 2 December 2005;  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 83 
 
 
 - Resolution No. 450 "On the Customs Tariff" of 25 October 2003; 
- Extract from the Customs Code and Resoluti on of the Majlisi Oli of the Republic of 
Tajikistan on the Customs Code of the Republic  of Tajikistan No. 199 of 4 November 1995; 
- Law No. 744 "On Customs Tariffs" of 14 May 1999; 
- Tax Code (Section VII.) - Value Added Tax; 
- Resolution No. 126 "On Excise Tax Rate for Sp ecific Goods Produced in the Republic of 
Tajikistan and Imported into the Territory of th e Republic of Tajikistan" of 2 April 2005; 
- Resolution No. 111 "On Measures for Improveme nt of Foreign Economic Activity in the 
Republic of Tajikistan" of 19 February 1997;  
- Information on production a nd consumption of tobacco and alcohol during 2002-2005; 
- Law No. 37 "On Licensing of Separate Types of Activity" of 17 May 2004; 
- Resolution No. 172 "On the Approval of the Regul ations "On the Peculiarities of Licensing 
Certain Types of Activities" of 3 April 2007; 
- Regulation No. 337 "On Specifics of Licensi ng of Certain Types of Activities" of 
1 September 2005; 
- Regulation No. 245 "On Approval of Order of Import and Export of Medicine and Medical 
Products in the Republic of Ta jikistan" of 5 June 2002; 
- Resolution No. 215 "On Rules for Purchase and Sa le, Export and Import of Precious Metals, 
Precious Stones and Raw Materials Containi ng Precious and Non-ferrous Metals" of 
6 May 2000; 
- Protocol "On Applying Special Preventive, Antidumping and Mitigating Measures in Trade 
Amongst State-Parties to the Customs Union" of 17 February 2000; 
- Decree No. 54 "On the Adoption of the Strategy  of Development of the National Quality 
Infrastructure of the Republic of Tajikistan for the Period of 2010-2012" of 12 February 2010; 
- Government Decree No. 237 "On the Enhanc ement of Promotion of Domestically 
Manufactured Goods in Internati onal Markets" of 8 June 2001; 
- Resolution No. 486 "On the List of Products (Works, Services) Subject to the Mandatory 
Certification" of 1 October 2008; 
- Law "On Technical Regulating"; 
- Draft Law "On the Technical Regulation";  
- Law No. 72 "On Consumers' Rights Protection" of 9 December 2004; 
- Law No. 498 "On the Quarantine of the Plants" of 26 March 2009; 
- Law No. 25 "On the Quarantine of Plants" of 12 May 2001;  
- Law No. 118 "On Selection Achievement of Ag ricultural Crops" of 4 November 1995; 
- Law No. 73 "On Veterinary Practices" of 8 December 2003; 
- Law No. 117 "On Introducing Amendments in to the Law of the Republic of Tajikistan 
"On Veterinary Medicine"" of 26 December 2005; 
- Law No. 49 "On Provision of Sanitary-Epidemiological Security of the Population" of 
8 December 2003; 
- Law No. 355 "On Seeds-Growing" of 5 January 2008; 
- Resolution No. 97 "On the Procedure of Ce rtifying Food Products and Other Commodities 
Imported - Exported Beyond the Republic of Tajikistan" of 16 March 1999; 
- Law No. 522 "On Free Economic Zones in the Re public of Tajikistan" of 29 April 2004; 
- Law No. 511 "On Government Procuremen t of Goods, Works and Services" of 
12 December 1997; 
- Regulation No. 159 "On Accedence of the Re public of Tajikistan to the International 
Convention on Protection of Interests of Actor-Performers, Producers of Phonograms and Broadcasting Organizations" of 11 November 2005; 
- Law No. 726 "On Copyright and Relate d Rights" of 13 November 1998; 
- Law No. 162 "On Introducing Am endments and Additions into the Law of the Republic of 
Tajikistan "On Copyright and A llied Rights"" of 3 March 2006; 
- Article 158(2) of the Law No. 913 "On Sale, Re nt or Other Illegal Use of the Copies of 
Works or Phonograms for commercial purposes" of 11 December 1999; WT/ACC/SPEC/TJK/4/Rev.1 
Page 84  
 
 - Law No. 456 "On Trade and Service Marks" of 23 December 1991; 
- Law No. 234 "On Trademarks and Se rvice Marks" of 5 March 2007; 
- Draft Law "On Trademarks and Service Marks"; 
- Law No. 236 "On Geographical I ndications" of 5 March 2007; 
- Draft Law "On Geographical Indications"; 
- Draft  Law "On Industrial Designs";  
- Law No. 218 "On the Legal Protection of the Topologies of Integrated Circuits" of 
22 December 2006; 
- Draft Law "On the Legal Protection of the Topologies of Integrated Circuits"; 
- Draft Law "On Inventions" of 24 December 2003; 
- Temporary Provision of the Republic of Tajik istan "On Inventions, Utility and Industrial 
Designs" of 1994; 
- Regulation No. 251 of the Republic of Ta jikistan on "Minimal Amount of Royalties for 
Publication of Works of Science, Literature, Art and Implementation of Orders for Creation 
of Dramatic, Musical and Musical Dramatic a nd Literary Works for Public Performance or 
for the Right of First Public Execution of Unpublished Works" of 1 July 1999; 
- Resolution No. 252 of the Republic of Tajik istan on "Minimal Rates of Royalty for 
Performance of Literature and Art Works, Reproduction of Works in Sound (mechanical) 
Recording and Distribution of Copies of Sound Recordings and Audiovisual Works and Reproduction of Works of Fine Art and Rep lication of Decorative Applied Artworks 
Industrially" of 1 July 1999; 
- Resolution No. 37 of the Republic of Tajikistan on "Minimal Rates of Royalty for Art and 
Graphic and Photographic Works fo r Press" of 4 February 2002;  
- Resolution No. 533 "On Approval of Temporary Regulation On State Patent Fees" of 
28 November 1994; 
- Part III Section V of the Civil Code "On Intellectual Property";  
- Chapter 22 (Administrative Violations Relate d to Intellectual Property) of the Code 
"On Administrative Violations"; 
- Government Resolution No. 185 "On Approval of the Decision on the Rules for Customs 
Control on the Transfer of Goods Containing Intellectual Property Objects across the Customs Border" of 30 April 2002;  
- Law No. 170 "On Audit of the Republic of  Tajikistan" of 3 March 2006; and 
- Law No. 172 "On Geodesy and Cartography" of 3 March 2006.  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 85ANNEX 2 
 
Table 3:  Privatization of State-Owned Enterprises  
 
(a)  Information on Privatization of State Property by Sector  
 
 1991 1992 - 
1999 2000 2001 2002 2003 2004 2005 2006 2007 Total 
Industry  1 88 34 11 62 21 27 90 89 30 453 
Construction 2 119 22 27 53 22 22 75 110 15 467 
Transport and communications 0 47 15 16 49 26 41 79 81 20 374 
Trade 9 1,403 107 71 84 78 60 42 42 19 1,915 
Public catering 8 479 35 17 38 16 31 36 7 5 672 
Consumer services 17 1,745 94 76 104 60 57 50 49 40 2,292 
Public health 0 89 18 9 9 14 20 29 15 3 206 
Social sector 0 263 40 36 38 31 50 41 18 11 528 
Agriculture 0 444 81 49 91 69 162 182 308 440 1,826 
Assets under construction/ 
incomplete construction  1 111 19 3 0 0 0 5 7 2 148 
Other 1 560 181 102 102 84 66 41 78 72 1,287 
TOTAL  39 5,348 646 417 630 421 536 670 804 657 10,168 
 
(b)  General Information on Privatization of State Property  
 
 1991 - 
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
(May) Total 
State Property Units 
Privatized 6,027 417 633 421 536 670 804 657 537 43 10,748 
Of which:  Small Enterprises 
Privatized 5,733 345 467 374 423 521 643 536 400 37 9,485 
Of which:  Medium-size and Large Enterprises 
Privatized 294 72 163 47 113 149 161 121 137 6 1,263 
  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 86 (c)  Information on Privatized Enterprises by Sector  
in Accordance with the Strategic Privatization Plan (2003-2007)  
 
Sector Total 
Industry 124 
Construction 93 
Transport and communications 75 
Trade 96 
Public utilities 7 
Consumer services 5 
Public health 1 
Agriculture 14 
Other 4 
Total  419 
 
  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 87Table 4: Enterprises not yet Privatized   
 
(a)  Enterprises to be Privatized  
 Name Location Share Sector 
1 JV/ АО Angisht  Isfara City, Sught  District 100% Industry 
2 JV/ АО Matubot  Dushanbe 100% Printing/Culture 
3 JV/ АО Obiori Dangara ("Obyorii Dangara") Dangara City , Khatlon District 100% Industry/Construction 
4 JV/ АО Taransformatorniy Zavod  Kurgan-Tube City, Khatlon District 100% Industry 
5 JV/ АО Charog  Isfara City, Sught  District 100% Industry 
6 Shurboskoe SSU ("Shurobskoye SHSU") Isfara City, Sught District 100% Industry 
7 JV/ АО Kolinkhoi Kulob ("Kokinhoi Kulob") Kulob City, Khatlon District 100% Industry 
8 JV/AO Proleterskiy RMZ  Sught District 100% Industry 
9 JV/ АО Bunafsh  Nurek City, Khatlon District 100% Industry 
10 JV/ АО "МNА-27" Khatlon District 100% Transport 
11 JV/ АО Zavodi Tamiri Mekhaniki (formerly JV "RMZ")   Vakhdat 100% Industry 
12 JV/ АО Hotel Khujand  Chkalovsk City, Sught District 100% Services 
13 JV/ АО Madad  Vakhdat 100% Transport 
14 JV/AO "Gidrosohtmon" Farhor District 100% Industry 
 
(b)  Information on the Enterprises to be Privatized According to the Strategic Privatization Plan by Sector (2010)  
 
Sector Total 
Industry 11 
Construction - 
Transport and communications 1 
Trade 1 
Public catering - 
Utility enterprises - 
Consumer services 1 
Public health - 
Social sector - 
Agriculture - 
Other - 
Total  14 
  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 88 (c)  Information on Privatization/Restru cturing of Enterprises Trading on Behalf  
of the Government or Granted Privileges not available to other firms   
 
No. Name Privatization schedule Notes 
1. Tajiktransgaz (formerly "Tajikgaz") 
 To be determined. Individual restructuring plan established by the Government Decree 
No. 438 of 27 August 2008. GUP Tajikgaz  transformed into joint stock company Tajiktransgaz; Seven organizations, former parts of GUP 
Tajikgaz organized as independent joint stock companies.  
2. OJSC BARKI TOJIK To be determined. Individual restructuring plan under Government consideration. 
3. OJSC NAFTRASON 
(former TAJIKNEFTEPRODUCT) To be determined. Removed from the Strategic Plan in accordance with Resolution of the 
Government of Tajikistan No. 232 of 3 May 2008. 
4. State Unitary Air Company TAJIK AIR 
(former State Unitary Air Company 
TOJIKISTON) To be determined. Individual restructuring plan established by the Government Decree 
No. 175 of 3 April 2007.  In accordance with the Government Decree 
No. 491 of 1 October 2008, Tajikair has been divided into six independent companies, namely:  GUAP Tajikair, GUP Dushanbe International 
Airport, Khujant International Airp ort, Kurgan Tyube International 
Airport, Kulyab International Airport and Tajikaeronavigaciya.  In 2009, 
in accordance with the individual rest ructuring plan, all companies except 
Tajikaeronavigaciya have been transformed into joint stock companies.  
In addition, in 2009-2010 Tajikair affiliates Fuel Supply Company, Air Travel Information Agency and Catering Company have been transformed 
into joint stock companies and sold at auctions. 
5. State Unitary Co mpany ROHI OHANI 
TOJIKISTON To be determined. Individual restructuring plan established by Government Decree No. 95 of 
27 February 2010. 
6. GUP TALKO (formerly TADAZ) To be determined. Individual restructuring plan is under preparation. 
7. State Unitary Company KHOUROKVORI To be determined. Individual restructuring plan is under preparation. 
8. JSC TOJIKTELECOM In 2009, individual privatization draft 
plan for the JSC TOJIKTELECOM 
should be prepared in  accordance with the 
individual restructuring plan. Individual restructuring plan established by Government Decree No. 71 of 
3 January 2006. 
  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 89Table 6(a):  Goods and Services Subject to Activity Licensing  
 
Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve electronic digital signatures 
and data protection Head Office for Protection of  State Secrets under the 
Government of the Republic of Tajikistan and its regional bodies in Gorno-Badakhshan Autonomous 
Oblast, in Soghd and Khatlon Oblasts Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production of print media materials protected from forgery (including certified securities) and circulation of the above products Ministry of Finance of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of pawnbroker's offices Ministry of Finance of the Repu blic of Tajikistan Resolution on the Approval of the Regulati on on the Key 
Elements of Licensing Certain Activities. 
Audit activities Ministry of Finance of the Republic of Tajikistan - audit 
of broker's boards, non-budgetary funds,  investment companies, insurance companies and general audit; 
National Bank of Tajikistan - audit of banking 
organizations Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Valuation activities State Committee for Investments and State Property 
Management of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve installation, repairs and 
maintenance of  fire safety  facilities for buildings and 
constructions Ministry of Internal Affairs of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve selling of non-military and duty weapons, their major components and related 
ammunition Ministry of Internal Affairs of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve maintenance and repairs of 
lifting devices, operation of explosion-hazardous and 
chemically hazardous industrial facilities Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve expert examination of industrial safely Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production, storage, 
distribution  and transportation of  industrial 
explosives; production and distribution of pyrotechnic items Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 90 Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities in energy sector Ministry of Energy and Industry of the Republic of 
Tajikistan; 
Agency for Construction and Architecture under the Government of the Republic of Tajikistan  - works to 
assemble, adjust and repair power facilities Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Construction activities Agency for Construction and Architecture under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Geodesy and cartography activities Agency for Land Management, Geodesy and 
Cartography under the Government of the Republic of 
Tajikistan; 
Agency for Construction and Architecture under the Government of the Republic of Tajikistan - construction 
works Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Mine-surveying activities Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities in hydrometeorology and related sectors 
including proactive management of hydro-
meteorological and geophysical processes and 
phenomena Ministry of Agriculture and Conservation of Nature of 
the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve coll ection, use, transportation 
and disposal of hazardous waste Office for State Surveillance of Environmental 
Management and Conservation of Nature Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Pharmaceutical activities; production of means of disinfection, desinsection and deratization Unit for State Surveillan ce of Pharmaceutical and 
Medical Activities (having the status of Service) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve maintenance of medical 
equipment and dealing with agents of infectious 
diseases Ministry of Health of the Republic of Tajikistan Re solution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve gathering of medical plants 
and procurement of crude drugs Unit for State Surveillan ce of Pharmaceutical and 
Medical Activities (having the status of Service) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Private medical practice Unit for Stat e Surveillance of Pharmaceutical and 
Medical Activities (having the status of Service) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 91Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve cultivation of drug-
containing plants for research, development of new 
narcotic drugs and psychotropic substances; activities, which involve legal circulation of narcotic drugs, 
psychotropic substances and precursors Unit for State Surveillan ce of Pharmaceutical and 
Medical Activities (having th e status of Service) -  
activities, which involve legal circulation of narcotic drugs, psychotropic substances and precursors used in 
health sector; 
Drug Control Agency under the President of the Republic of Tajikistan - activities, which involve legal 
circulation of precursors Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve the use of ionizing radiation 
(generating) sources and radioactive agents Academy of Sciences of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Land transport operations State Office for Surveillance and Regulation in 
Transport Sector Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Air transport operations State Office for Surveillance and Regulation in 
Transport Sector Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve setting up and management 
of pari-mutuels and gambling establishments Ministry of Finance of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Touring activities Committee for Youth Affairs, Sports and Tourism under 
the Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of patent solicitors Ministry of Economic Development and Trade of the 
Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve processing and 
disposal/selling of ferrous and nonferrous metal scrap 
and waste Ministry of Energy and Industry of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities related to employment of nationals of the Republic of Tajikistan outside the Republic of Tajikistan and of foreign nationals within the Republic 
of Tajikistan Ministry of Internal Affairs of the Republic of 
Tajikistan (Resolution No. 518 of the Government of the Republic of Tajikistan, 1 October 2007) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Private veterinary practice Office for State Veterinary Surveilla nce Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production, imports, and exports of tobacco goods Ministry of Energy and Industry of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Proctor activities Ministry of Justice of the Republic of Tajiki stan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities in education sector Ministry of Education of the Repub lic of Tajikistan Resolution on the Approval of the Regulation  on the Key 
Elements of Licensing Certain Activities.  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 92 Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve circulation of precious 
metals and precious stones Ministry of Energy and Industry of the Republic of 
Tajikistan - processing of scrap and waste of precious 
metals for end products; affinage of precious metals; recuperation of precious stones; 
Ministry of Finance of the Republic of Tajikistan - 
buying-up from public of jewellery and other items made of precious metals and precious stones and related 
scrap for distributive industries Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve TV and radio broadcasting 
and production of artworks on audio-visual media Committee for TV and Radio Broadcasting under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve purchase, sale, use and disposal of ozone layer depleting substances and goods 
containing the ones; all operations related to 
installation, maintenance and repairs of equipment in which ozone layer depleting substances are used Office for State Surveillance of  Environmental 
Management and Conservation of Nature Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of non-governmental pension funds Ministry of Finance of  the Republic of Tajikistan Resolution on the Approval of th e Regulation on the Key 
Elements of Licensing Certain Activities. 
Broker activities Ministry of Finance of the Republic of Tajiki stan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Insurance activities Ministry of Finance of the Republic of Taji kistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of professional securities market players Ministry of Finance of the Republic of Tajikistan Resolution on the Approv al of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of lending organizations (including non-banking organizations) National Bank of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production and circulation of 
ethanol, alcohol and  spirituous items Ministry of Energy and Industry of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities in telecommunications State Office for Surveillance and Regulation in 
Telecommunications and IT Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 93Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve the use of mineral resources Go vernment of the Republic of Tajikistan (executive 
licensing authority - Head Ge ological Office under the 
Government of the Republic of Tajikistan - geological prospecting, valuation and exploration works and 
collection of mineralogical, paleontological and 
geological materials; Ministry of Energy and Industry of the Republic of 
Tajikistan - extraction of oil, gas and coal;  the use of 
minerals and non-minerals including waste of rock constituents and their processing); 
Ministry of Energy and Industry of the Republic of 
Tajikistan - the use of widespread mineral resources Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve the use of endangered 
species of flora and fauna entered on the Red List of 
the Republic of Tajikistan Office for State Surveillance of Environmental 
Management and Conservation of Nature Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve works and services in the use of  nuclear energy Academy of Sciences of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 94 Table 6(b):  Imported Goods subject to Activity Licensing  
 
Code Description Issuing Authority Licensing Procedure 
1302 11 000 0 Opium Ministry of Health Additional documents: 
 - Opinion of appropriate authorities of the interior 
about the possibility of storing narcotic and 
psychotropic substances in the facilities for implementation of the proposed activity; 
- Statement from authorities of the interior about 
clean record of persons having access to narcotic and psychotropic substances; 
- Statement from the narcology service with regard 
to persons having access to narcotic and psychotropic substances; 
- Order of the head of the institution about 
appointment of persons ha ving access to narcotic 
and psychotropic substances; 
- Copies of diplomas of persons having access to 
narcotic and psychotropic substances; and 
- In case of proposed cultivation of drug-containing 
plants for scientific purposes as well as development of new narcotic and psychotropic 
substances a positive expert report from the 
Academy of Sciences of th e Republic of Tajikistan 
about expedience of conducting that particular 
activity is required. 
220300 Malt beer 
2204 Grape wines, natural wines, including fortified; stum, except for 
mentioned in merchandise position 2009 (including wine materials) 
2205 Vermouths and natural wines, other wines with vegetation and 
aromatic substances 
2206 00 Other fermented drinks (for example, cider, pear cider, and honey 
drink); mixes from fermented drinks, and mixes from fermented 
drinks and soft drinks not listed somewhere else; 
2207 Ethyl non-denatured alcohol with ethyl concentration of no less 
than 80% or more; ethyl alcohol and other denatured alcohols of 
any concentration; Ministry of Agriculture No additional documents except for those indicated in 
the Regulation No. 172 of 3 April 2007.  
A licensing fee in the amount of 76 minimal wages for 
each year of the licence period is charged for issuance of 
a licence to organization engaged in production and 
turnover of ethyl alcohol, alcoholic beverages and spirit-
based goods irrespective of forms of ownership.  A licensing fee in the amount of 12 minimal wages for 
each year of the licence period is charged for issuance of 
a licence to organizations (irr espective of organizational  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 95Code Description Issuing Authority Licensing Procedure 
2207 10 000 0 Ethyl non-denatured alcohol with ethyl concentration of no less 
than 80% or more 
2207 20 000 0 Ethyl alcohol, other denatured alcohols of any concentration 
2208 Ethyl non-denatured alcohol with ethyl concentration of no less 
than 80%; alcohol liqueurs, liqueurs, and other alcoholic drinks  and legal form) and individual entrepreneurs engaged in 
retail trade of alcoholic beverages and spirit-based 
goods. 
2939 91 110 0 unrefined cocaine 
2939 11 000 0 concentrates from poppy straws; buprenorphine (INN), codeine, 
dihydrocodeine (INN), ethylmorphine, ethorphine (INN), heroin, 
hydrocodone (INN), hydromorphone (INN), morphine, 
nicomorphine (INN), oxycodone (INN), oxymorphone (INN), folcodine (INN), tebacone (INN), and tebaine; salts of these 
compounds; 
2939 91 cocaine, ecgonine, levometamphethamine, metamphethamine 
(INN), metamphethamine racemate; salts, esters, and other derivative substances; cocaine and its salts; 
2922 14 000 0 dextropropoxiphene (INN) and it salts 
2922 31 000 0 amphepramone (INN), met аdone (INN), and normetadone (INN); 
salts of these compounds; 
2922 44 000 0 Tilidine (INN) and its salts 
2926 30 000 0 phenoproporex (INN) and its salts; metadone (INN) -an interim 
product (4-cyano-2-dimethylamino-4.4-diphenylbutane); 
2933 33 000 0 alfentanil (INN), anileridine (INN), bezitramide (INN), 
bromazepam (INN), diphenoxine (INN), diphenoxilate (INN), 
dipipanone (INN), fentanyl (INN), ketobemidone (INN), methylphenidate (INN), pentazocine (INN), pethidine (INN), 
pethidine (INN) - an interim A product, phencyclidine (INN) 
(PCP), phenoperidine (INN), pipradrol (INN), piritramide (INN),  propirame (INN), and trimeperid ine (INN); salts of these 
compounds; 
2933 11 100 0 propiphenazone (INN) 
2915 24 000 0 acetic anhydride 
2922 43 000 0 anthranyl acid and its salts 
2914 11 000 0 Acetone 
2924 29 others: (acetylanthranyl acid) 
2924 29 100 0 lidocaine (INN) 
2924 29 300 0 paracetamol (INN) 
2932 91 000 0 Isosafrole 
2939 63 000 0 lysergic acid and its salts Ministry of Health Additional documents: 
 
- Opinion of appropriate authorities of the interior 
about the possibility of storing narcotic and psychotropic substances in the facilities for 
implementation of the proposed activity; 
- Statement from authorities of the interior about 
clean record of persons having access to narcotic 
and psychotropic substances; 
- Statement from the narcology service with regard 
to persons having access to narcotic and 
psychotropic substances; 
- Order of the head of the institution about 
appointment of persons ha ving access to narcotic 
and psychotropic substances; 
- Copies of diplomas of persons having access to 
narcotic and psychotropic substances; and 
- In case of proposed cultivation of drug-containing 
plants for scientific purposes as well as 
development of new narcotic and psychotropic 
substances a positive expert report from the Academy of Sciences of th e Republic of Tajikistan 
about expedience of conducting that particular 
activity is required.  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 96 Code Description Issuing Authority Licensing Procedure 
2932 92 000 0 1-(1.3-benzodioxole-5-il) propane-2-on 
2914 12 000 0 butanone (methyl ethyl ketone) 
2933 32 000 0 piperidine and its salts 
2932 93 000 0 Piperonal 
2841 61 000 0 potassium permanganate 
2939 42 000 0 pseudoephedrine (INN) and its salts 
2932 94 000 0 Safrole 
2807 00 100 0 sulphuric acid 
2806 10 100 0 hydrogen chloride (hydrochloric acid) 
2902 30 Toluol 
2916 34 000 0 phenylacetic acid and its salts 
2914 31 000 0 phenylaceton e (phenylpropane-2-on) 
2939 41 000 0 ephedrine and its salts 
2939 61 000 0 ergometrine (INN) and its salts 
2939 62 000 0 ergotamine (INN) and its salts 
2909 11 000 0 Diethyl ether   
 
 
 
  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 97 
 
 
 Table 8:  Excise Tax Rates  
 
Merchandise Codes in 
Accordance with 
Merchandise 
Nomenclature for 
Euroasian Economic 
Community (EAEC) 
Foreign Economic 
Activities Merchandise Excise Rate in % of Value 
or in Euro per Product Unit 
GROUP 22 
220300 Malt beer Euro 0.05 per litre 
2204 Grape wines, natural wines, including fortified; 
stum, except for mentioned in merchandise position 2009; 
Except for: Euro 0.07 per litre 
2204 10 110 0  Champagne Euro 0.50 per litre 
2204 10 190 0 Other champagne Euro 0.50 per litre 
2204 10 910 0  Asti Spumante Euro 0.20 per litre 
2204 10 990 0 Other Euro 0.20 per litre 
2205 Vermouths and natural grapes wines, other 
wines with addition of vegetable and aromatic extracts; Euro 0.07 per litre 
2207 Ethyl non-denatured alcohol with alcohol 
concentration of no less than 80%; ethyl 
alcohol and other denatured alcohols of any concentration; Euro 0.50 per litre 
2208 Ethyl non-denatured alcohol with alcohol 
concentration of no less than 80%; alcohol liqueurs, liqueurs, and other alcoholic drinks; 
Except for: Euro1.25 per litre 
220820 Spirits obtained by distilling grape wine or 
grape marc, including Cognac Euro 2.50 per litre 
220860 Vodka Euro 2.50 per litre 
220890 Others:  Euro 0.56 per litre 
GROUP 24 
2401 Tobacco raw materi als and tobacco waste; 
Except for:  0 
From 2401 Tobacco raw mate rials and fermented tobacco 
waste; Euro 0.09 per kg 
2402 Cigars, cigars with cut ends, cigarillos (thin 
cigars), and cigarettes from tobacco or its substitutes; Euro 0.70 per 1,000 pieces 
240220 Filter-tipped cigarettes containing  tobacco; Euro 0.85 per 1,000 pieces 
240220 Cigarettes without filter containing  tobacco; Euro 0.40 per 1,000 pieces 
2403 Other industrially produced tobacco, 
"homogenized" or "restored"; tobacco extracts 
and essence; 12% 
GROUP 27 
270900 Raw oil and raw oil products generated from 
bituminous minerals: 0 
2710 Oil and raw oil materials generated from 
bituminous minerals, excluding raw materials; products not named anywhere containing 70% 
or oil products generated from bituminous 
minerals, which are the main compounds: Except for: Euro 40 per ton WT/ACC/SPEC/TJK/4/Rev.1 
Page 98  
 
 Merchandise Codes in 
Accordance with 
Merchandise 
Nomenclature for 
Euroasian Economic Community (EAEC) 
Foreign Economic 
Activities Merchandise Excise Rate in % of Value 
or in Euro per Product Unit 
 Motor gasoline:  
2710 11 310 0 aviation gasoline Euro 50 per 1,000 litres 
2710 11 410 0 with octane level lower than 95 Euro 50 per 1,000 litres 
2710 11 450 0 with octane level 95 or higher, but no higher 
than 98 Euro 50 per 1,000 litres 
2710 11 490 0 with octane level 98 or higher Euro 50 per 1,000 litres 
2710 11 510 0 with octane level lower than 98 Euro 50 per 1,000 litres 
2710 11 590 0 with octane level 98 or higher Euro 50 per 1,000 litres 
2710 11 700 0 jet engine fuel Euro 50 per 1,000 litres 
2710 11 900 0 light distillates other Euro 50 per 1,000 litres 
 Medium distillates: 
Kerosene:  
2710 19 210 0 jet engine fuel Euro 20 per 1,000 kilos 
2710 19 250 0 Other Euro 20 per 1,000 kilos 
2710 19 290 0 Others Euro 20 per 1,000 kilos 
 Heavy distillates: 
Gas-oil (diesel fuel):  
2710 19 310 0 For specific processing processes Euro 6.6 per 1,000 kilos 
2710 19 350 0 For chemical transformation in processes 
except for mentioned in 2710 19 310 0 Euro 6.6 per 1,000 kilos 
2710 19 410 0 With sulphur content of no more than 0.05% Euro 6.6 per 1,000 kilos 
2710 19 450 0 With sulphur content of more than 0.05% and 
no more than 0.2% Euro 6.6 per 1,000 kilos 
2710 19 490 0 With sulphur content of more than 0.2% Euro 6.6 per 1,000 kilos 
 Liquid fuels (black oil fuel):  
2710 19 510 0 For specific processing processes 0 
2710 19 550 0 For chemical conversion in processes, except 
for mentioned in  2710 19 510 0 0 
2710 19 610 0 With sulphur content of no more than 1% 0 
2710 19 630 0 With sulphur content of more than 1% but no 
more than 2% 0 
2710 19 650 0 With sulphur content of more than 2% but no 
more than 2.8% 0 
2710 19 690 0 With sulphur content of more than 2.8% 0 
GROUP 40 - RUBBER AND GOODS 
4011 Tires, pneumatic rubber, new: 
 Except for: 10% 
401130 For use in aviation 0 
401140 For motorcycles 0 
401150 000 0 For bicycles 0 
 Others with protector with herring-bone pattern 
or analogous protectors; 0 
401199 000 0 Other: 0 
4012 Tires, pneumatic rubber new, restored or used; 
tires, solid or semi-pneumatic; interchangeable 
tire protectors and rubber rim strips; Except for: 10%  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 99 
 
 
 Merchandise Codes in 
Accordance with 
Merchandise 
Nomenclature for 
Euroasian Economic Community (EAEC) 
Foreign Economic 
Activities Merchandise Excise Rate in % of Value 
or in Euro per Product Unit 
 Pneumatic rubber tires restored on the territory 
of the Republic of Tajikistan 5% 
401213100 0 For civil aviation 0 
401220100 0 For civil aviation 0 
GROUP 87 
8703 Cars and other motor transport vehicles to 
carry passengers (except for vehicles mentioned in merchandise position 8702), 
including cargo-passenger vans and racing 
cars. 10% 
Notes:  
1. Goods classification is given in accordance with  Merchandise Nomenclature for Euroasian Economic 
Community (EurAzES) Foreign Economic Activities. 
2. Excise calculated in Euro is paid in national currency on the exchange rate of the National bank of 
Tajikistan on the day of receipt of cargo customs declaration or release of goods.  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 100 Table 9:  Non-tariff Measures Applied on Importation of Goods to Tajikistan  
 
CC FEA Commodity description Type of measure Res ponsible authorities Legislation WTO justification 
01, 02, 03, 
04, 05, 15 Live animals, animal  products, foodstuff Veterinary certificate 
 Department of State Veterinary 
Control, Ministry of Agriculture Law No. 73 "On Ve terinary" of 
8 December 2003  Agreement on the Application 
of Sanitary and Phytosanitary 
Measures. 
13, 16 Foodstuff, food additives, raw produce, as 
well as their contacti ng materials, products 
and production technology  Certificate  Ministry of Heal th  Law No. 49 "On Sanitary-
Epidemiological Security of 
Population" of 8 December 2003  Protection of human health 
(GATT 1947, Article XX). 
 Foodstuff, materials and products imported to 
Tajikistan for the first time State registration Ministry of Heal th and Ministry 
of Agriculture Law of the Republic of Tajikistan 
on Quality and Security of 
Foodstuff Protection of human health 
(GATT 1947, Article XX). 
06, 07, 08, 09, 10, 11, 
12, 14, 15 Vegetable products Import Quarantine 
Permission 
(IQP), Phytosanitary 
certificate State Inspection on Plant 
Quarantine of the Ministry of 
Agriculture Law No. 25" On Plant Quarantine" 
of 12 May 2001 Agreement on the Application 
of Sanitary and Phytosanitary 
Measures; Plant protection 
(GATT  1947, Article XX). 
2939  Import of narcotic and psychotropic 
substances and precursors Non-Automatic 
Licence Ministry of Health  Law No. 37"On Licensing of 
Separate Types of Activities",  
Regulation No. 172 of 3 April 2007 Protection of human health 
(GATT 1947, Article XX). 
2203, 2204,  2205, 2206, 
2207, 
2208 Import of alcohol and ethyl alcohol Non-Automatic 
Licence /quota Ministry of Energy and Industry Regulation No. 172 of 3 April 2007 Protection of human health 
(GATT 1947, Article XX). 
30  Importation of medical goods 
 Automatic Licence  Ministry of Health  Regulati on No. 172 of 3 April 2007 Protection of human health 
(GATT 1947, Article XX). 
28 Importation of po isonous substances, 
chemical agents for protection of plants, 
mineral, non-organic and organic fertilizer, 
ozone-harmful substances Permission State Committee on Ecology 
and Forestry Protection  Law of the Republic of Tajikistan 
"On Protection of Nature" Protection of human and plant 
health 
(GATT 1947, Article XX). 
85 Import of radio-electronic facilities and high-
frequency devices 
 Permission Ministry of Communication Resolution No. 371 of the Council 
of Ministers of the Republic of 
Tajikistan of 1 August 1994  Protection of national security 
(GATT 1947, Article XXI). 
2844, 
28401 Import of uranium and other radioactive 
chemical elements and radioactive isotopes 
(including the fissile or fertile chemical 
elements and isotopes)  and their compounds; 
mixtures and residues containing these 
products. Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997  Protection of national security 
GATT 1947, Article XXI. 
3601-3604 Import of powders, explosives and their 
waste Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI.  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 101CC FEA Commodity description Type of measure Res ponsible authorities Legislation WTO justification 
8710, 8802, 
8803, 8804, 
8805  Importation of armament and military 
equipment, their compounds for production, 
works and services in the field of military-
technical cooperation Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
4901, 4905, 4906 Importation of norm ative-technical 
documentation to the products of military 
purposes (construction and operational) Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
9301 9307 Importation of official and civil weapons Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
6201-6208, 
6214, 3217 Importation of military clothing and their 
accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
4015, 4016, 6210 Import of means of protection from military 
chemical gases, its parts and accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
8471, 8473, 8548 Import of cryptographic devices (including 
cryptographic machines, its parts and 
accessories), normative-technical 
documentation to cryptographic devices Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 102 Table 10:  Non-tariff Measures Applied on Exportation of Goods from Tajikistan  
 
CC FEA Commodity Description Type of Measure Responsible Authority Legislation WTO Justification 
01, 02, 03, 04, 
05, 15 Live animals, animal products, 
foodstuff Veterinary 
certificate Department of State 
Veterinary Control of the Ministry of Agriculture Law No. 73 of the Republic of 
Tajikistan on Veterinary of 8 December 2003 Agreement on the Application 
of Sanitary and Phytosanitary Measures. 
06, 07, 08, 09, 
10, 11, 12, 14, 
15 Vegetable products Import Quarantine 
Permission (IQP), 
Phytosanitary certificate State Inspection on Plant 
Quarantine of the Ministry of 
Agriculture Law No. 25 of the Republic of 
Tajikistan on Plant Quarantine 
of 12 May 2001 Agreement on the Application 
of Sanitary and Phytosanitary 
Measures. Plant protection (Article XX 
GATT). 
2939 Narcotic and psychotropic 
substances and precursors Government 
permission Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of Tajikistan of 19 February 1997 Article XX(b) of GATT. 
2203, 2204, 
2205, 2206, 
2207, 2208 Alcohol and ethyl alcohol Licen ce SUE "Khurokvori", Ministry 
of Agriculture of the Republic 
of Tajikistan Resolution No. 337 of the 
Government of the Republic of 
Tajikistan of 1 September 2005 Article XX(b) of GATT. 
30 Exportation of medical goods Licence Ministry of Health of the 
Republic of Tajikistan Resolution No. 337 of the 
Government of the Republic of 
Tajikistan of 
1 September 2005 Article XX(b) of GATT. 
74, 75, 76, 78, 
79, 80 Ferrous and nonferrous scrap Licence Ministry of Energy and 
Industry  Resolution No. 172 of the 
Republic of Tajikistan of 3 April 2007 Article XX(d) of GATT. 
 Cultural valuables Certificate Ministry of Culture of the 
Republic of Tajikistan Law of the Republic of 
Tajikistan on Import and 
Export of Cultural Valuables Protection of national treasures 
of  artistic, historical and 
archaeological value, GATT Article XX. 
 Work of art, Articles  of 
collection and antiquaries of  
significant art, historical, scientific or cultural value Government 
resolution Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national treasures 
of  artistic, historical and 
archaeological value, GATT Article XX. 
28 Exportation of poisonous 
substances, chemical agents for 
protection of plants, mineral, non-organic and organic 
fertilizer, ozone-harmful 
substances Permission State Committee of Ecologic 
and Forestry Protection of the 
Republic of Tajikistan Law of the Republic of 
Tajikistan on Protection of 
Nature Article XX(b) of GATT.  
  WT/ACC/SPEC/TJK/4/Rev.1
 Page 103CC FEA Commodity Description Type of Measure Responsible Authority Legislation WTO Justification 
 Hunting trophies Permission State Committee of Ecologic 
and Forestry Protection of the 
Republic of Tajikistan Law of the Republic of 
Tajikistan on Protection of 
Nature Article XX(b) of GATT. 
93 Trade in arms and main parts of 
firearms; 
Trade in ammunition Licence Ministry of In ternal Affairs of 
the Republic of Tajikistan Resolution No. 337 of the 
Government of the Republic of 
Tajikistan of 
1 September 2005 Article XXI of GATT. 
 Export of civil arms by physical 
persons Permission Internal affairs bodies of the 
Republic of Tajikistan  Article XXI of GATT. 
 Export of monetary valuables Permission Authorized Bank of Tajikistan   
2844, 8401 Export  of uranium and other 
radioactive chemical elements 
and radioactive isotopes (including the fissile or fertile 
chemical elements and isotopes) 
and their compounds; mixtures and residues containing these 
products. Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
3601-3604 Export of powders, explosives 
and their waste Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
8710, 8802, 
8803, 8804, 8805, except 
for civil use 
9301, 9307 Exportation of armament and 
military equipment, their compounds for production, 
works and services in the field of 
military-technical cooperation Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of Tajikistan of 19 February 1997 Article XXI of GATT. 
4901, 4905, 
4906 Exportation of normative-
technical documentation to the 
products of military purposes 
(construction and operational) Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
9301 Exportation of official and civil 
weapons Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
6201-6208, 
6214, 3217 Exportation of military clothing 
and their accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of Tajikistan of 19 February 1997 Article XXI of GATT.  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 104 CC FEA Commodity Description Type of Measure Responsible Authority Legislation WTO Justification 
4015, 4016, 
6210 Export of means of protection 
from military chemical gases, its 
parts and accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
8471, 8473, 
8548 Export of cryptographic devices 
(including cryptographic 
machines, its parts and 
accessories), normative-technical documentation to cryptographic 
devices Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of National Security 
(GATT 1947, Article XX). 
 
  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 105 
 
 
 Table 12:  List of Goods Subject to Mandatory Certification  
(pursuant to Decree No. 486 of 1 October 2008)  
 
HS Code 
(Chapter) Description Goods subject to mandatory 
certification 
02 Meat and edible meat offal All the goods under this chapter 
03 Fish and crustaceans, mollusks and other aquati c invertebrates All the goods under this chapter 
04 Dairy produce; birds' eggs; natural honey; edible products of  
animal origin, not elsewhere specified or included. All the goods under this chapter 
05 Edible products of animal origin not elsewhere specified or 
included. All the goods under this chapter 
06  Live trees and other plants; bulbs, roots and the like; cut flowers 
and ornamental foliage All the goods under this chapter 
07 Edible vegetables and certain roots a nd tubers All the goods under this chapter 
08 Edible fruit and nuts; peel of citrus fruit  or melons All the goods under this chapter 
09 Coffee, tea, mate and spices All the goods under this chapter 
10 Cereals All the goods under this chapter 
11 Products of the milling industry; malt; starches; inulin; wheat 
gluten All the goods under this chapter 
12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and 
fruit; industrial or medicinal plants; straw and fodder All the goods under this chapter 
13 Lac; gums, resins and other vegetable saps  and extracts All the goods under this chapter 
14 Vegetable plaiting materials; vegetable products not elsewhere 
specified or included 1404200000 
15 Fats and oil of animal or vegetable origin their sub products, 
edible fats, wax of animal and vegetable origin 1502-1504, 1506-1517, 1520, 
1521 
16 Edible products of meat, fish or and crustaceans, mollusks and 
other aquatic invertebrates All the goods under this chapter 
17 Sugars and sugar confectionery All the goods under this chapter 
18 Cocoa and cocoa preparations All the goods under this chapter 
19 Preparations of cereals, flour, starch or milk; pastry cooks' 
products All the goods under this chapter 
20 Prepared of vegetables, fruit, nuts or other pa rts of plants All the goods under this chapter 
21 Other food products All the goods under this chapter 
under this chapter 
22 Beverages, spirits and vinegar All the goods under this chapter 
23 Residues and waste from the food industries; prepared animal 
fodder 2301-2106, 2308 
24 Tobacco and manufactured tobacco substitutes All the goods under this chapter 
25 Salt, sulphur, soils and stone, plastering materials, lime and 
cement  2501-2510, 2513, 2515-2517, 
2520-2524 
27 Mineral gasoline, oil and sub products, bituminous substances, 
natural wax 2701121000, 270119000, 
2704001100, 2707101000, 2707200000, 2708200000, 2709001000, 2709009000,  2710-2714 
30 Pharmaceutical products All the goods under this chapter  
31 Fertilizers All the goods under this chapter  
32 Tanning or dyeing extracts; tannins and their derivatives; dyes, 
pigments and other colouring matter; paints and varnishes; putty and other mastics; inks All the goods under this chapter 
33 Essential oils and resinoids; perfumery, cosmetic or toilet 
preparations All the goods under this chapter 
34 Soap, organic surface- active agents, washing preparations, 
lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster  3401-3403, 3405-3407 
35 starches albuminoidal substances; modified; glues; enzymes 3501-3502, 3504-3507 WT/ACC/SPEC/TJK/4/Rev.1 
Page 106  
 
 HS Code 
(Chapter) Description Goods subject to mandatory 
certification 
36 explosives; pyrotechnic products; matches; pyrophoric alloys; 
certain combustible preparations 3605000000 
38 Miscellaneous chemical products 3808, 3809910000, 3809930000, 
3811, 3814-3816, 3819-3822, 3824400000, 3824501000, 3824904000, 3824907000 
39 Plastics and articles thereof All the goods under this chapter 
40 Rubber and articles thereof 4008-4011, 4013, 4014, 
4015110000, 4016910000 
41 Raw hides and skins (other than fur skins) and leather 4101, 4102, 4103901000 
43 Fur skins and artificial fur; manufactures thereof All the goods under this chapter 
44 Wood and articles of wood; wood charcoal 4401,4403, 4404, 4406-4413, 
4415, 4417-4419 
48 Paper and paperboard; articles of paper pulp, of paper or of 
paperboard 4801-4803, 4805, 4807, 4809-
4811, 4814, 4816, 4818-4821, 4823 
49 Printed books, newspapers, pictures and other products of the 
printing industry; manuscripts, typescripts and plans 4901990000, 4911990000 
50 Silk All the goods under this chapter 
52 Cotton All the goods under this chapter 
54 Man- made filaments 5407,5408 
55 Man- made staple fibres 5512-5516 
56 Wadding, felt and non-wovens; special yarns; twine, cordage, 
ropes and cables and articles thereof 5601,5607 
57 Carpets and other textile floor coverings All the goods under this chapter 
58 special woven fabrics; tufted textile fabrics; lace; tapestries; 
trimmings; embroidery 5802, 5804, 5809000000 
59 Textile materials coated, covered or laminated textile fabrics; 
textile articles of a kind suitable for industrial use 5904, 5905 
60 Knitted or crocheted fabrics All the goods under this chapter 
61 Articles of apparel and clothing accessories, knitted or crocheted All the goods under this chapter 
62 Articles of apparel and clothing accessories, not knitted or 
crocheted All the goods under this chapter 
63 Other made up textile articles; sets; worn clothing and worn 
textile articles; rags 6103-6306 
64 Footwear, gaiters their parts and similar 6401-6405 
68 Articles of stone, plaster, cement, asbestos, mica or similar 
materials 6801-6803, 6805-6811, 6813 
69 Ceramic products 6901-6908, 6910-6912, 6914 
70 Glass and glassware 7003-7005, 7007, 7009-7014, 
7019, 702000 
71 Natural or cultured pearls, precious or semi- precious stones, 
precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin 7103-7108, 7112-7114, 7116, 
7117 
72 Iron and steel 7208-7223, 7225-7229 
73 Articles of iron or steel All the goods under this chapter 
76 Aluminium and articles thereof 7604-7616 
82 Tools, implements, cutlery, spoons and forks, of base metal; parts 
thereof of base metal 8201-8203, 8206, 8208, 8212-
8215 
84 Nuclear reactors, boilers, machinery and mechanical appliances; 
parts thereof 8405, 8409, 8413-8415, 8418, 
8421-8423, 8432, 8433, 8438, 8443, 8445-8447, 8450, 8452, 8467, 8470-8473, 8477, 8479, 8481, 8483, 8484  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 107 
 
 
 HS Code 
(Chapter) Description Goods subject to mandatory 
certification 
85 Electrical machinery and equipment and parts thereof; sound 
recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles 8501-8504, 8506-8509, 8511-
8513, 8515210000, 8515291000, 851539, 8516-8519, 8521-8523, 8525, 8527-8529, 8535-8541, 8544, 8546, 8547 
87 Vehicles other than railway or tramway rolling- stock, and parts 
and accessories thereof 8708, 8712, 8714, 8715 
90 Optical, photographic, cinematographic, measuring, checking, 
precision, medical or surgical instruments and apparatus; parts and accessories thereof 9001, 9006, 9015-9017, 901831, 
9026, 9028, 9029, 9031 
91 Clocks and watches and parts thereof  9101, 9102, 9105 
94 Furniture: bedding, mattresses , mattress supports; articles of 
bedding and similar furnishing (for example, mattresses, quilts,  cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material; lamps and lighting fittings not elsewhere specified or included; lighting signal boards, light-boards with the name or title or address and similar; collapsible building constructions  All the goods under this chapter 
95 Toys, games and sport equipment, parts and accessories thereof 9603100000, 9603210000, 9616, 
9617 
96 Other prepared products 9603100000, 9603210000, 9616, 
9617  
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 108  
 
 Table 14: Plant and Animal Quarantine Diseases
  
(a)   Plant Quarantine Pests/Diseases  
No. Name 
Pests 
1 Pektonophora gossipiella sound 
2 Unaspis citri Comst. 
3 Spodoptera litura Fabr. 
4 Hyphantria cunea Drury. 
5 Caulophilus latinasus Say 
6 Icerya purchasi Mask. 
7 Caryedon gonagra L. 
8 Pantomorus leucoloma Boh. 
9 Tetradacus citri Chen. 
10 Zabrotes subfasciatus Boh. 
11 Lekanium deltae (Lizeri) 
12 Grapholitha molesta Busck. 
13 Dacus dorsalis Hend. 
14 Diaphorina citri Kuway. 
15 Pseudococcus citriculus Green. 
16 Unaspis yanonensis Kuw. 
17 Numonia pyrivorella Mats. 
18 Viteus vitifolii Fitch 
19 Spodoptera littoral is Boisd. 
20 Bruchidius incarriatus Boh. 
21 Callosobruchus (sp. sp.) 
22 Ceroplastes rusci L, 
23 Phthorimaea operculella Zell. 
24 Aonidiella aurantii Mask. 
25 Sinoxylon conigerum Gerst. 
26 Rhizoecus Kondonis Kuw. 
27 Liriomyza trifolii (Burgess). 
28 Scrobipalpopsis solanivora Pav. 
29 Trogoderma granarium Ev. 
30 Dinoderus bifoveolatus Woll. 
31 Callosobruchus chinensis L. 
32 Pinnaspis strachani (Cooley) 
33 Ceratitis cosyra Walk. 
34 Pseudoparlatoriaparlatorioi des (Comst). 
35 Carposina niponensis Wlsghm. 
36 Nipaeococcus nipae (Mask). 
37 Ceratitis capitata Wied. 
Nematodes 
38 Meliodogyne incognita/M.hapla/Kof. White 
39 Ditylenchus destructor Thoene 
40 Bursapnelenchus xylophilus Nikee 
41 Globodera pallida (Stone) Milvey et Stone 
Alien Plants 
42 Ambrosia artemisiifolia L 
43 Ambrosia trifida L. 
44 Ambrosia psilostachya DC. 
45 Helianthus ciliaris DC. 
46 Helianthus califomicus D.C 
47 Solanum triflorum L.  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 109 
 
 
 No. Name 
48 Solanum carolinense L. 
49 Striga (sp. sp.) 
50 Cenchrus Pauciflorus Benth. 
Plant Diseases 
51 Glomerella gossypii (South.) Edgerton 
52 Tilletia (Neovossia) indica Mitra. 
53 Phymatotrichum omnivorum (Schear) Duggar 
54 Synchytrium endobioticum (Schilb.) Percival 
55 Mycosphaerella linorum (Wr.) Garcia Rada 
56 Plum pox, Primus virus 7 
57 Erwinia amylovora. 
58 Xanthomonas campestris pv. citri. 
 
Plant Quarantine Pests with Li mited Occurrence in Tajikistan  
No. Name 
Pests 
1 Quadraspidiotus perniciosus Comst. 
2 Pseudococcus comstoki Kuw. 
3 Dialeurodes citri Ashm. 
4 Leptinotarsa desemlineata Say. 
Nematodes 
5 Globodera rostochiensis (Woll.) Behrens 
Alien Plants 
6 Acropthon repens (L.) DC 
7 Cuscuta campestris Juncker. 
8 Cuscuta monogyna Vahl. 
 
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 110  
 
 (b) Animal Quarantine Diseases
 
No. Name 
1 Foot and mouth disease 
2 Siberian ulcer 
3 Brucellosis 
4 Tuberculosis 
5 Small cattle-plague 
6 Rabies 
7 Sheep and goat pox 
8 Avian plague (Newcastle disease) 
 
Diseases and Time Limits  
No. Disease Time Limit 
All Animals 
1 African porcine fever 3 years preceding the importation -  in the whole 
territory of the exporting country 
2 Foot and mouth disease 12 months preceding the importation - in the whole 
territory of the exporting country 
Large Cattle (Bovine Animals) 
3 Bovine spongiform encephalopathy; scrapie of 
goats. In accordance with the OIE International Veterinary 
Code -  in the whole territory of the exporting country 
4 Rinderpest; small cattle-plague; contagious 
pleuropneumonia, vesicular stomatitis; peste 
des petits ruminants.  12 months preceding the importation - in the whole 
territory of the exporting country 
5 Tuberculosis; brucellosis; leucosis. 6 months preceding the importation - on the farm  
6 Antrax; emphysemic carbuncle (blackleg), 20 da ys preceding the importation - on the farm of 
animal's origin 
Sheep and Goats 
7 Bovine spongiform encephalopathy; scrapie of 
goats. In accordance with the OIE International Veterinary 
Code - in the whole territory of the exporting country 
8 Blue Tongue Disease (Epizootic Hemorrhagic 
Disease -EHD); bovine plague; contagious pleuropneumonia; peste des petits ruminants 12 months preceding the importation - in the whole 
territory of the exporting country 
9 Adenomatosis; Maedi-Visna disease; arthritis-
encephalitis.  3 years preceding the importation - on the farm of 
animal's origin 
10 Sheep and goat pox 12 months preceding the importation - on the farm of 
animal's origin 
11 Tuberculosis; brucellosis. 6 months preceding the importation - on the farm of 
animal's origin 
12 Antrax 20 days preceding the importation - on the farm of 
animal's origin 
Swine 
13 Porcine vesicular disease  12 months preceding the importation - in the whole 
territory of the exporting country 
14 Classic porcine fever; 
Auesky disease; Porcine Enterovirus 
Encephalomyelitis (Teschen disease);  12 months preceding the importation - in the 
administrative territory of the exporting country 
(state, province, district, county) 
15 Trichinellosis  3 years preceding the importation - in the whole 
territory of the exporting country 
16 Porcine reproductive and respiratory syndrome 
(PRRS) 12 months preceding the importation - on the farm of 
animal's origin 
17 Antrax; Porcine erysipelas (Erysipelas suum) 20  days preceding the importation - on the farm of 
animal's origin 
  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 111 
 
 
 Table 16:  Fees for Intellectual Property Protection  
 
(a)  Fees for Patenting Inventions  
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing a patent application 0.2 50 
Amendments on the volition of the applicant  0.1 10 
Examination of an application as to substance 1.0 410 
(a reduction of the fee by 
20 and 50% is provided) 
Changes in invention formula on the volition 
of the applicant 0.2 80 
Publication of the application 0.8  200 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal as a result of 
examination as to form 0.3 60 
- against a decision of refusal as a result of 
examination as to substance 0.8 400 
Grant of a patent 0.8 200 
Registration of a licence agreement 3.8 60 
 
(b)  Fees for the Maintenance of a Patent for Invention  
 
Years For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
3-4 0.2 50 
5-6 0.3 80 
7-8 0.4 100 
9-10 0.5 150 
11-12 0.9 230 
13-14 1.2 300 
15-16 1.5 400 
17-18 1.5 400 
19-20 2.0 500 
 
(c)  Fees for Patenting Utility Models  
 
Actions for which fees are charged For nationals of 
Tajikistan 
(in minimum salary) For foreign persons, US$ 
Filing a utility model application 0.1 30 
Amendments on the volition of the applicant 0.1 10 
Publication of the application 0.8 200 
Grant of a certificate for a utility model 0.8 200 
Registration of a licence agreement 3.8 60 
 
(d)  Fees for the Maintenance of a Certificate of the Registration of a Utility Model  
 
Years For nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
1-2 0.1 30 
3 0.2 50 
4-5 0.3 80 
 WT/ACC/SPEC/TJK/4/Rev.1 
Page 112  
 
 (e)  Fees for Patenting of an Industrial Design
 
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing a patent application 0.2 30 
Amendments on the volition of the applicant 0.1 20 
Examination of an application as to substance  0.4 210 
(a reduction of the fee by 20 and 50% is provided) 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal as a result of 
examination as to form 0.3 60 
- against a decision of refusal as a result of 
examination as to substance 0.8 400 
Grant of a patent for an industrial design 0.4 200 
Registration of a licence agreement  3.8 60 
 
(f)  Fees for the Maintenance of a Patent for an Industrial Design  
 
Years For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
3-4 0.2 50 
5-6 0.3 80 
7-8 0.4 100 
9-10 0.6 150 
 
(g)  Fees for Renewal of a Patent for an Industrial Design  
 
Years For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
1-2 0.6 150 
3-5 0.8 200 
 
(h)  Fees for the Registration of a Trademark and Service Mark  
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing application for registration 1.0 160 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal to accept an 
application 0.6 100 
- against a decision of refusal to register a 
trademark 1.6 350 
- against the registration of a trademark 3.2 650 
- registration of a trademark 1.6 250 
Entry of amendments in the State Register 0.4 60 
Registration of a licence agreement 7.6  120 
Registration of an agreement on assignment of 
a certificate 12.6 100 
Renewal of the registration 3.2 500 
  WT/ACC/SPEC/TJK/4/Rev.1 
 Page 113 
 
 
 (i)  Fees for The Registration of an Appellation of Origin and Grant the Right to use them  
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing application for gran t of a certificate 0.8 110 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal as a result of 
examination as to form 0.6 100 
- against a decision of refusal to register an 
appellation of origin and grant the right to 
use them  1.6 350 
- against a registration of an appellation of 
origin and grant the right to use them 3.2 650 
Grant of a certificate of the right to use an 
appellation of origin 1.6 250 
Entry of amendments in the State Registry 0.4 60 
Renewal of a certificate of the right to use an 
appellation of origin 3.2 500 
 
(j)  Copyright Fees Related to the Official Regi stration of Literature, Science and Arts Works  
 
Types of Works For Nationals of Tajikistan 
(in Somoni) For Foreign Nationals US$ 
Fiction, scientific-technical and political 
literature, textbooks, etc. 3-9 50 
Musical compositions in notation form 4-12 70 
Graphics 4-12 100 
Calendars, crosswords, etc. 2-6 50 
Audiovisual works 4-12 70 
Software and database 5-15 100 
 
__________