WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/TJK/19/Rev.1 
16 July 2012 
 (12-3867) 
Working Party on the 
Accession of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Questionnaire on Import Licensing Procedures 
 
Revision 
 
  The following submission, dated 16 July 2012, is being circulated at the request of the Delegation of the Republic of Tajikistan. 
 
_______________ 
 WT/ACC/TJK/19/Rev.1 
Page 2  
 
  A. Tobacco Products 
I. OUTLINE OF SYSTEMS 
1. Give a brief description of each licensing sy stem as a whole and, with respect to each, 
reply to the following questions as relevant, placing all of the material with respect to a 
given system in sequence together, and using cross references as appropriate when 
elements which have already been descri bed are also present in another system. 
Answer: 
− The import of tobacco products in the Republic of  Tajikistan is regulated by the Law of the 
Republic of Tajikistan on Licensi ng of Separate Types of Activ ities (No. 37 of 17 May 2007); 
and  
− The Resolution of the Government of the Re public of Tajikistan on the Establishment of 
Provisions on Specificities of Licensing of Separate Types of Activities (No. 172 of 
3 April 2007).  The licensing authority is the Ministry of Energy and Industry of the Republic 
of Tajikistan. 
II. PURPOSES AND COVERAGE OF LICENSING 
2. Identify each licensing system maintain ed and state what products, appropriately 
grouped, are covered. 
Answer: 
The import of tobacco products classified under HS nomenclature 2401, 2402 and 2403, is subject to 
import licensing requirements. 
3. The system applies to goods originat ing in and coming from which countries? 
Answer: 
The import licensing system applies to goods originating in and coming from all countries. 
4. Is the licensing intended to restrict the quantit y or value of imports, and if not, what are 
its purposes?  Have alternative methods of accomplishing the purposes been considered 
and if so which?  Why have they not been adopted? 
Answer: 
The licensing of import of tobacco products does not intend to restrict the quantity or value of 
imports.  The purpose of import licensing meas ures is the protection of human health.  WT/ACC/TJK/19/Rev.1 
 Page 3 
 
 
  5. Cite the law, regulation and/or admini strative order under which the licensing is 
maintained.  Is the licensing statutorily required?  Does the legislation leave designation of products to be subjected to licensing to administrative discretion?  Is it possible for 
the government (of the executive branch) to  abolish the system without legislative 
approval? 
Answer: 
Licensing system for imports of tobacco products is maintained under the following legislative acts:  
− The Law of the Republic of Tajikistan on Licensi ng of Separate Types of Activities (No. 37 
of 17 May 2007); and  
− The Resolution of the Government of the Re public of Tajikistan on the Establishment of 
Provisions on Specificities of Licensing of Separate Types of Activities (No. 172 of 3 April 2007). 
The licensing of import of tobacco products is st atutorily required in the Republic of Tajikistan. 
The legislation governing the import licensing system, namely the Chapter 2, paragraph 3 of the 
Resolution of the Government of the Republic of  Tajikistan on the Establishment of Provisions on 
Specificities of Licensing of Separate Types of Activities (No. 172 of 3 April 2007), does not leave 
designation of products to be subjected to licensing to administrative discretion. 
It is impossible for the Government (or the ex ecutive branch) to abolish import licensing system 
without legislative approval. 
III. PROCEDURES  
6. For products under restriction as to the quantity or value of imports (whether 
applicable globally or to a limited number of countries or whether established bilaterally or unilaterally). 
Answer: 
There are no quantitative restrictions. 
7. Where there is no quantitative limit on im portation of a product or on imports from a 
particular country: 
(a) How far in advance of importation must a pplication for a licence be made?  Can licenses 
be obtained within a shorter time-limit or for goods arriving at the port without a 
licence (for example, owing to inadvertency)? 
(b) Can a licence be granted immediately on request? (c) Are there any limitations as to the period  of the year during which application for 
licence and/or importation may be made?  If so, explain. 
(d) Is consideration of licence applications effect ed by a single administrative authority?  
Or must the application be passed on to oth er authorities for visa, note or approval?  If 
so, which?  Does the importer have to approach more than one administrative 
authority? WT/ACC/TJK/19/Rev.1 
Page 4  
 
  Answer: 
(a) An application for a licence must be made one  month prior to the importation.  Legislation 
governing import licensing procedure does not pr ovide for obtaining licenses neither within a 
shorter time-limit nor in cases when goods arrive at the border without a licence. 
(b)  A licence cannot be granted immediately on request. 
(c)  There are no limitations as to the period of  the year during which application for licence 
and/or importation may be made. 
(d)  Consideration of licence applications is effected by a single administrative authority. 
The application must not be passed on to other authorities for visa, note or approval.  An importer does not have to approach more than one administrative authority.   
8. Under what circumstances may an application for a licence be refused other than failure 
to meet the ordinary criteria?  Are the reasons  for any refusal given to the applicant?  
Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures? 
Answer: 
Besides a failure by applicant to meet the ordinary criteria for obtaining a licence, the application for a 
licence can be refused in case of supply of incorrect a nd falsified data by the applicant.  The reasons 
for refusal of issuing a licence are provided to the app licant.  The applicants have the right to appeal 
the administrative decisions on refusal to issue a lic ence in the court of the Republic of Tajikistan. 
The procedure described below is equally applicable  to the right of appeal to any administrative 
proceedings involving customs, licenses, TBT and SP S certification issues, TRIPS related issues, etc. 
In accordance with the Law on Admi nistrative Proceedings of 5 Ma rch 2007 any natural or legal 
person who is a party to an administrative proceeding has the right to appeal any act, action or lack of action of the administrative authority or its official.  An appeal may be lodged if the person is of the 
opinion that by such act, action or lack of action hi s/her rights, freedoms or legal interests have been 
violated or exercising such rights has been hindered,  or if he/she has been imposed an obligation in 
contravention of the law.  An appeal must be lodged in writing. 
In the case of an act, action or lack of action of the customs authority or its official, an appeal may be 
lodged to the second instance authority within th e customs administration.  The second instance 
authority is the head of the organizational unit of  the customs administration (department) whose act, 
action or lack of action is subject to appeal.  Where the act, action or lack of action of the head of the department is subject to appeal, the second instance authority is a department of the immediate higher 
rank. In the latter case an appeal may be lodged thro ugh the first instance authority or directly to the 
second instance authority.  An appeal may be lodge d within one month from the date the when the 
party to the proceedings became aware of the viola tion of rights, or from the date when the time limit 
for the administrative authority to act has expi red, or from the date when the decision was 
communicated to the party, depending on the ci rcumstances of the case. In the case of the 
administrative penalty, an appeal may be lodged with in ten calendar days.  Within five calendar days 
of the filing date of an appeal, the first instance authority must convey all the case files to the second 
instance authority.  An appeal does not defer th e enforcement of the first instance decision.  WT/ACC/TJK/19/Rev.1 
 Page 5 
 
 
  The second instance authority must decide the case  within one month from the filing date of an 
appeal.  Where there is no need for additional anal ysis and verification the case must be decided not 
later than 15 calendar days from the filing date of  an appeal.  The second instance decision can be 
subject to the court review.   
All administrative decisions may be also appealed to court or to the prosecutor's office.  The party to 
the administrative proceedings has a right to requ est the court review and/or an action of the 
prosecutor at any time – before, simultaneously or af ter lodging an appeal.  Lodging an appeal to the 
administrative authority does not preclude the appellant to request the court review and/or an action of 
the prosecutor.  The party to the proceedings may c hose to request the court review and/or an action 
of the prosecutor without the need to initially l odge an appeal to the administrative authority. 
There are no specialized administrative courts in Ta jikistan.  The court review is provided by the 
commercial court, if the party to proceedings is a le gal person or by the court of general jurisdiction, 
if the party is a natural person.  Court decisions in  administrative matters can be appealed.  The court 
of the last instance is the Superior Commercial Court or the Supreme Court of the Republic of 
Tajikistan, as the case may be. 
Where the court finds that the rights of a party to the administrative proceedings have been violated 
by an act, action or lack of action of the administrative authority or its official, it will overrule the administrative decision, identify violations and return the case to the administrative authority 
instructing it how to decide the case.  
Under the legal system of Tajikistan, upon the request of an interested party, prosecutor's office also 
has the right to review an act, action or lack of ac tion of the administrative authority or its official and 
to take appropriate measures for elimination of an y violations of law.  Decisions and/or measures 
taken by the prosecutor do not preclude the right of a party to the administrative proceedings to request the court review. 
IV. ELIGIBILITY OF IMPORTS TO APPLY FOR LICENCE 
9. Are all persons, firms and institutions eligible to apply for licenses: 
 (a) under restrictive licensing systems? 
 (b) under non-restrictive systems? 
 If not, is there a system of registration of persons or firms permitted to engage in 
importation?  What persons or firms are e ligible?  Is there a registration fee?  Is there a 
published list of authorized importers? 
Answer: 
All persons, firms and institutions regardless of thei r ownership structure are eligible to apply for 
licenses.  However, there are certain requirements es tablished in the Republic of Tajikistan for foreign 
individuals and legal entities which have to be fu lfilled by them before they apply for an import 
licence.  Namely, foreign individuals or legal en tities need to maintain a commercial presence in the 
Republic of Tajikistan in order to obtain an import licence.  
According to the Law of the Republic of Tajikista n "On the state registration of legal entities and 
individual entrepreneurs" (No. 508 of 19 May 2009) natural persons can pass the State registration as 
individual entrepreneurs.  The state registration of  natural person as an individual entrepreneur is 
carried out by the body carrying out the state registra tion, within three working days from the date of 
submission of documents specified in th e Article 22 of the above-mentioned Law. WT/ACC/TJK/19/Rev.1 
Page 6  
 
  According to the Article 7(5) of the Law of the Republic of Tajikistan on Li censing of Separate Types 
of Activities (No. 37 of 17 May 2007) foreign i ndividuals and legal entities can obtain licenses based 
on the same conditions applicable to domestic indivi duals and legal entities.  However, pursuant to the 
same Article, foreign legal entity must have its branch or representation set up in the Republic of 
Tajikistan before it applies for import licence. 
According to the legislation of the Republic of Tajik istan foreign individuals and legal entities have to 
pass the procedure of State registration before they engage in importation.  All individuals and legal 
entities are eligible to apply.  The Law of the Re public of Tajikistan on State Duty (No. 19 of 
28 February 2004) provides for the rates of State duties for State registration of individuals and legal entities. 
The State duty for the State registration of fo reign legal entities (for establishing branches or 
representations) equals to 25 measurement units (the minimum monthly wage is meant under the 
measurement unit which equals to 60 Somoni (approximately US$14)). 
The State duty for the State registration of foreign individuals as individual entrepreneurs equals to 
two measurement units. 
There is no published list of authorized importers.  However, licensing authorities maintain a register 
listing importers to whom import licenses have been allocated. 
V. DOCUMENTATIONAL AND OTHER REQUIREMENTS FOR APPLICATION OF 
LICENCE 
10. What information is required in applicatio ns?  Submit a sample form.  What documents 
is the importer required to supply with the application?  
Answer: 
The following information is required in applications:  
− For legal entities:  precise type(s) of activity (activities) for which a licence is requested; 
indication of requested period; certificate of a state registration (number, issuing authority, 
date of issue); address; taxpayer's ID number ( number, issuing authority, date of issue); 
institutional structure (organizational struct ure); type of owners hip; bank details; and 
− For individuals:  precise type(s) of activity (activities) for which a licence is requested; 
indication of requested period; certificate of a State registration (number, issuing authority, 
date of issue); address; taxpayer's ID number (num ber, issuing authority, date of issue); name; 
surname; place of residence; passport, its issuing authority and date. 
The Article 9 of the Law of the Republic of Tajik istan on Licensing of Separate Types of Activities 
(No. 37 of 17 May 2007) identifies general list of doc uments to be supplied by applicant to obtain an 
import licence.  Namely, the following documents have to be supplied by applicant for obtaining a 
licence:  
− Application for granting a licence with the indication of precise type of activity; 
− The copy of certificate of State registration conf erring the status of individual entrepreneur (in 
case of individuals); 
− Copy of statutory documents, certificate of State registration (in case of legal entities); 
− The copy of taxpayer's certificate i ssued by the taxation authorities; 
− Proof of payment of the fee for the exam ination of application for a licence; and 
− Information on the qualification of employees hired by applicant (in case of production).  WT/ACC/TJK/19/Rev.1 
 Page 7 
 
 
  11. What documents are required upon actual importation? 
Answer: 
Following documents are required upon actual importation: 
− Customs declaration of goods; 
− Contract; 
− Invoice; 
− Transport documentation (declaration); 
− Documents certifying the authorization of declarant for submitting documents; 
− Certificate or declaration of origin of goods  (if the products originating from a specific 
country are subject to preferential treatment); and 
− Certificate of conformity or its recognition. 
The following information has to be supplied too: 
− ID number of the taxpayer; 
− Receipt proving the payment of customs duties, taxes; and 
− Import licence. 
12. Is there any licensing fee or administrative charge?  If so, what is the amount of the fee 
or charge? 
Answer: 
The fee for the examination of applications for li censes for import of tobacco products equals to four 
calculation indicators, while the fee for issuing import licenses is ten calculation indicators.  
The calculation indicator is a unit utilised for the calc ulation of taxes, duties and other charges, which 
is provided in the Law "On the State Budget" and is  adjusted annually, taking into account the rate of 
anticipated inflation.  For 2012, the calculation i ndicator for taxes, duties and other charges is 
40 Somoni, (approximately US$8.40).  
13. Is there any deposit or advance payment requirement associated with the issue of 
licenses?  If so, state the amount or rate, wh ether it is refundable, the period of retention 
and the purpose of the requirement. 
Answer: 
There is no deposit or advance payment requireme nt associated with th e issuance of licenses. 
VI. CONDITIONS OF LICENSING  
14. What is the period of validity of a licence?  Can the validity of a licence be extended?  
How? 
Answer: 
According to the Article 8 of the Law of the Republic  of Tajikistan on Licensing of Separate Types of 
Activities (No. 37 of 17 May 2007) the validity of import licenses for import of tobacco products is 
not less than five years.  WT/ACC/TJK/19/Rev.1 
Page 8  
 
  According to the Article 8 paragraph 3 of the La w of the Republic of Tajikistan on Licensing of 
Separate Types of Activities (No. 37 of 17 May 2007) the validity of a licence can be extended prior 
to its expiry date for the same period if the licence holder so requests.  The extension of the validity of 
a licence is carried out through re-issuing of a licence.  
15. Is there any penalty for the non-utilization of a licence or a portion of a licence? 
Answer: 
The legislation of the Republic of Tajikistan gove rning the import licensing system does not provide 
for a penalty for non-utilization or partial utilization of a licence. 
16. Are licenses transferable between importers?   If so, are any limitations or conditions 
attached to such transfer? 
Answer: 
According to the Chapter 12 of the Resolution of the Government of the Republic of Tajikistan on the 
Establishment of Provisions on Specificities of Licen sing of Separate Types of Activities (No. 172 of 
3 April 2007) Licenses are not transferable between importers.  
17. Are any other conditions attached to the issue of a licence: 
(a) for products subject to quantitative restriction? 
(b) for products not subject to quantitative restriction? 
Answer: 
There are no other conditions attach ed to the issue of a licence. 
VII. OTHER PROCEDURAL REQUIREMENTS 
18. Are there any other administrative procedures, apart from import licensing and similar 
administrative procedures, required prior to importation? 
Answer: 
Not applicable.  
19. Is foreign exchange automatically provided by the banking authorities for goods to be 
imported?  Is a licence required as a condition to obtaining foreign exchange?  Is foreign 
exchange always available to cover licenses is sued?  What formalities must be fulfilled 
for obtaining the foreign exchange? 
Answer: 
Foreign exchange is automatically provided by the banking authorities for goods to be imported.  
A licence is not required as a condition to obtaining foreign exchange.  Foreign exchange is always 
available to cover licenses issued.  In order to obtai n the foreign exchange the relevant request has to 
be made to banking authorities specifying an amount and foreign exchange needed and the desirable 
dates of getting foreign exchange. 
   WT/ACC/TJK/19/Rev.1 
 Page 9 
 
 
  B. Narcotic and psychotropic substances and precursors 
I. OUTLINE OF SYSTEMS 
1. Give a brief description of each licensing sy stem as a whole and, with respect to each, 
reply to the following questions as relevant, placing all of the material with respect to a 
given system in sequence together, and using cross references as appropriate when 
elements which have already been descri bed are also present in another system. 
Answer: 
The import of narcotic and psycho tropic substances and precursors in the Republic of Tajikistan is 
regulated by the Law of the Republic of Tajikis tan on Licensing of Separate Types of Activities 
(No. 37 of 17 May 2007) and the Resolution of the Government of the Republ ic of Tajikistan on the 
Establishment of Provisions on Specificities of Licen sing of Separate Types of Activities (No. 172 of 
3 April 2007) and the Law of the Republic of Tajikistan on Narcotic and Psychotropic Substances and 
Precursors (No. 873 of 10 December 1999).  The li censing authority for import of narcotic and 
psychotropic substances is the Ministry of Healthcar e of the Republic of Tajik istan and for import of 
precursors – the Agency for Narcotics' Control unde r the President of the Republic of Tajikistan. 
II. PURPOSES AND COVERAGE OF LICENSING 
2. Identify each licensing system maintain ed and state what products, appropriately 
grouped, are covered. 
Answer: 
The import of narcotic and psychotr opic substances and precursors re ferred to the list in accordance 
with international conventions (Convention on Narcotic Substances  of 1961, Vienna Convention on 
Psychotropic Substances of 1971 and the UN Convention against Illicit Traffic in Narcotic Drugs and 
Psychotropic Substances of 1988) is s ubject to import licensing requirements. 
3. The system applies to goods originat ing in and coming from which countries? 
Answer: 
The import licensing system applies to goods originating in and coming from all countries. 
4. Is the licensing intended to restrict the quantit y or value of imports, and if not, what are 
its purposes?  Have alternative methods of accomplishing the purposes been considered 
and if so which?  Why have they not been adopted? 
Answer: 
The licensing of import of narcotic and psychotr opic substances and precursors does not intend to 
restrict the quantity or value of imports except for the quantity of imports of  narcotic substances.  
The purposes of import licensing measures are:  protection of human health; protection of State 
security and public safety. 
5. Cite the law, regulation and/or admini strative order under which the licensing is 
maintained.  Is the licensing statutorily required?  Does the legislation leave designation of products to be subjected to licensing to administrative discretion?  Is it possible for WT/ACC/TJK/19/Rev.1 
Page 10  
 
  the government (of the executive branch) to  abolish the system without legislative 
approval? 
Answer: 
Licensing system for imports of narcotic and psyc hotropic substances and precursors is maintained 
under the following legislative acts:  
− The Law of the Republic of Tajikistan on Licensi ng of Separate Types of Activities (No. 37 
of 17 May 2007); 
− The Resolution of the Government of the Re public of Tajikistan on the Establishment of 
Provisions on Specificities of Licensing of Separate Types of Activities (No. 172 of 3 April 2007); and 
− The Law of the Republic of Tajikistan on Narcotic and Psychotropic Substances and 
Precursors (No. 873 of 10 December 1999). 
The licensing of import of narcotic and psychotropi c substances and precursors is statutorily required 
in the Republic of Tajikistan. 
The legislation does not leave designation of products to be subjected to licensing to administrative 
discretion. 
It is impossible for the Government (or the ex ecutive branch) to abolish import licensing system 
without legislative approval. 
III. PROCEDURES  
6. For products under restriction as to the quantity or value of imports (whether 
applicable globally or to a limited number of countries or whether established bilaterally or unilaterally). 
Answer: 
There are State quotas set for import of narcotic drugs.  The State quotas are set by the Resolution of 
the Government of the Republic of Tajikistan on th e Establishment of the State Quota for Narcotic 
Substances, No. 381 of 29 August 2003. 
According to the Article 4 of the Law of Republ ic of Tajikistan on Narc otic and Psychotropic 
Substances and Precursors the State maintains a m onopoly on import of narc otic substances in the 
Republic of Tajikistan.  Accordingly, the import of na rcotic substances in the Republic of Tajikistan is 
carried out by State enterprises only on the basis of a licence and within the limits of the State quota. 
7. Where there is no quantitative limit on im portation of a product or on imports from a 
particular country: 
(a) How far in advance of importation must a pplication for a licence be made?  Can licenses 
be obtained within a shorter time-limit or for goods arriving at the port without a 
licence (for example, owing to inadvertency)? 
(b) Can a licence be granted immediately on request? (c) Are there any limitations as to the period  of the year during which application for 
licence and/or importation may be made?  If so, explain.  WT/ACC/TJK/19/Rev.1 
 Page 11 
 
 
  (d) Is consideration of licence applications effect ed by a single administrative authority?  
Or must the application be passed on to oth er authorities for visa, note or approval?  If 
so, which?  Does the importer have to approach more than one administrative 
authority? 
Answer: 
(a)  An application for a licence must be made one month prior to the importation.  Legislation 
governing import licensing procedure does not pr ovide for obtaining licenses neither within a 
shorter time-limit nor in cases when goods arrive at the border without a licence. 
(b)  A licence cannot be granted immediately on request. (c)  There are no limitations as to the period of  the year during which application for licence 
and/or importation may be made. 
(d)  Consideration of licence applications is e ffected by a single administrative authority.  The 
application must not be passed on to other aut horities for visa, note or approval.  An importer 
does not have to approach more than one administrative authority.   
8. Under what circumstances may an application for a licence be refused other than failure 
to meet the ordinary criteria?  Are the reasons  for any refusal given to the applicant?  
Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures? 
Answer: 
Besides a failure by applicant to meet the ordinary criteria for obtaining a licence, the application for a 
licence can be refused in case of supply of incorrect a nd falsified data by the applicant.  The reasons 
for refusal of issuing a licence are provided to the app licant.  The applicants have the right to appeal 
the administrative decisions on refusal to issue a lic ence in the court of the Republic of Tajikistan. 
The procedure of appeal is given in Section A.III.8. IV. ELIGIBILITY OF IMPORTS TO APPLY FOR LICENCE 
9. Are all persons, firms and institutions eligible to apply for licenses: 
 (a) under restrictive licensing systems? 
 (b) under non-restrictive systems? 
 If not, is there a system of registration of persons or firms permitted to engage in 
importation?  What persons or firms are e ligible?  Is there a registration fee?  Is there a 
published list of authorized importers? 
Answer: 
See answers in Section A. WT/ACC/TJK/19/Rev.1 
Page 12  
 
  V. DOCUMENTATIONAL AND OTHER REQUIREMENTS FOR APPLICATION OF 
LICENCE 
10. What information is required in applicatio ns?  Submit a sample form.  What documents 
is the importer required to supply with the application?  
Answer: 
In addition to the information given in answer to section A.VI.10, the following additional documents 
have to be supplied by applicant for obtaini ng a licence to import narcotic and psychotropic 
substances and precursors:  
− positive decision of relevant authorities of internal affairs on the possibility of storage of 
narcotic and psychotropic s ubstances and precursors in the premises for conducting the 
proposed activity; 
− certificate issued by internal affairs authoriti es on the absence of conviction of persons having 
access to narcotic and psychotropic substances and precursors; 
− certificate issued by narcological service for persons having access to narcotic and 
psychotropic substances and precursors; 
− decree of the head of organization on assigni ng responsible persons having access to narcotic 
and psychotropic substances and precursors; 
− copies of diplomas of persons having access to  narcotic and psychotropic substances and 
precursors; and 
− justification of necessity to use precursors in the production. 
11. What documents are required upon actual importation 
Answer: 
See answer to section A.IV.11. 
12. Is there any licensing fee or administrative charge?  If so, what is the amount of the fee 
or charge? 
Answer: 
The fee for the examination of applications fo r licenses for import of narcotic and psychotropic 
substances and precursors equals to four calcula tion indicators, while the fee for issuing import 
licenses is ten calculation indicators.  The calculation indicator is a unit utilised for the calculation of 
taxes, duties and other charges, which is provided in the Law "On the State Budget" and is adjusted 
annually, taking into account the rate of anticipated  inflation.  For 2012, the calculation indicator for 
taxes, duties and other charges is 40 Somoni, (approximately US$8.40). 
13. Is there any deposit or advance payment requirement associated with the issue of 
licenses?  If so, state the amount or rate, wh ether it is refundable, the period of retention 
and the purpose of the requirement. 
Answer: 
There is no deposit or advance payment requireme nt associated with th e issuance of licenses.  WT/ACC/TJK/19/Rev.1 
 Page 13 
 
 
  VI. CONDITIONS OF LICENSING  
14. What is the period of validity of a licence?  Can the validity of a licence be extended?  
How? 
Answer: 
According to the Article 8 of the Law of the Republic  of Tajikistan on Licensing of Separate Types of 
Activities (No. 37 of 17 May 2007) the validity of import licenses for import of narcotic and 
psychotropic substances and precursors is not less than five years.  
According to the Article 8 paragraph 3 of the La w of the Republic of Tajikistan on Licensing of 
Separate Types of Activities (No. 37 of 17 May 2007) the validity of a licence can be extended prior 
to its expiry date for the same period if the licence holder so requests.  The extension of the validity of 
a licence is carried out through re-issuing of a licence.  
15. Is there any penalty for the non-utilization of a licence or a portion of a licence? 
Answer: 
The legislation does not provide for a penalty for n on-utilization or partial utilization of a licence.  
16. Are licenses transferable between importers?   If so, are any limitations or conditions 
attached to such transfer? 
Answer: 
Licenses are not transferable between importers.  
17. Are any other conditions attached to the issue of a licence: 
(a) for products subject to quantitative restriction? 
(b) for products not subject to quantitative restriction? 
Answer: 
There are no other conditions attach ed to the issue of a licence. 
VII. OTHER PROCEDURAL REQUIREMENTS 
18. Are there any other administrative procedures, apart from import licensing and similar 
administrative procedures, required prior to importation? 
Answer: 
For carrying out each import operation a licensed impor ter of narcotic and psychotropic substances 
and precursors must obtain a permission through ge tting the certificate based on international sample 
form (according to the provisions of the United Na tions Convention against Illicit Traffic in Narcotic 
Drugs and Psychotropic Substances of 1988). 
The permission for imports of narcotic and psychot ropic substances is granted by the Ministry of 
Healthcare of the Republic of Tajik istan, while the permission for imports of precursors are granted 
by the Agency for Narcotics' Control under the President of the Republic of Tajikistan. WT/ACC/TJK/19/Rev.1 
Page 14  
 
  19. Is foreign exchange automatically provided by the banking authorities for goods to be 
imported?  Is a licence required as a condition to obtaining foreign exchange?  Is foreign 
exchange always available to cover licenses is sued?  What formalities must be fulfilled 
for obtaining the foreign exchange? 
Answer: 
See answer to section A.VII.19.  WT/ACC/TJK/19/Rev.1 
 Page 15 
 
 
  C. Pharmaceuticals and medical goods 
I. OUTLINE OF SYSTEMS 
1. Give a brief description of each licensing sy stem as a whole and, with respect to each, 
reply to the following questions as relevant, placing all of the material with respect to a 
given system in sequence together, and using cross references as appropriate when 
elements which have already been descri bed are also present in another system. 
Answer: 
The import of pharmaceuticals and medical goods in the Republic of Tajikistan is regulated by the 
Law of the Republic of Tajikistan on Licensing of Separate Types of Activities (No. 37 of 
17 May 2007), the Resolution of the Government of  the Republic of Tajikistan on the Establishment 
of Provisions on Specificities of Licensing of Sepa rate Types of Activities (No. 172 of 3 April 2007) 
and the Law of the Republic of Tajikistan on Phar maceuticals and Pharmaceutical Activities (No. 39 
of 6 August 2001).  The licensing authority for import of pharmaceuticals and medical goods is the Ministry of Healthcare of the Republic of Tajikistan. 
II. PURPOSES AND COVERAGE OF LICENSING 
2. Identify each licensing system maintain ed and state what products, appropriately 
grouped, are covered. 
Answer: 
The import of pharmaceuticals and medical goods classified under HS nomenclature 28, 29, 30, 33, 
34, 35, 37, 38, 40, 48, 70, 90 and 94, is subject to import licensing requirements. 
3. The system applies to goods originat ing in and coming from which countries? 
Answer: 
The import licensing system applies to goods originating in and coming from all countries. 
4. Is the licensing intended to restrict the quantit y or value of imports, and if not, what are 
its purposes?  Have alternative methods of accomplishing the purposes been considered 
and if so which?  Why have they not been adopted? 
Answer: 
The licensing of import of pharmaceuticals and medica l goods does not intend to restrict the quantity 
or value of imports.  The purpose of import licensi ng measures is the protection of human health. WT/ACC/TJK/19/Rev.1 
Page 16  
 
  5. Cite the law, regulation and/or admini strative order under which the licensing is 
maintained.  Is the licensing statutorily required?  Does the legislation leave designation of products to be subjected to licensing to administrative discretion?  Is it possible for 
the government (of the executive branch) to  abolish the system without legislative 
approval? 
Answer: 
Licensing system for imports of pharmaceuticals a nd medical goods is maintained under the following 
legislative acts:  
− The Law of the Republic of Tajikistan on Licensi ng of Separate Types of Activities (No. 37 
of 17 May 2007); 
− The Resolution of the Government of the Re public of Tajikistan on the Establishment of 
Provisions on Specificities of Licensing of Separate Types of Activities (No. 172 of 
3 April 2007); and 
− The Law of the Republic of Tajikistan on Pharmaceuticals and Pharmaceutical Activities 
(No. 39 of 6 August 2001). 
The licensing of import of pharmaceuticals and medical goods is statutorily required in the Republic 
of Tajikistan. 
The legislation does not leave designation of products to be subjected to licensing to administrative 
discretion. 
It is impossible for the Government (or the ex ecutive branch) to abolish import licensing system 
without legislative approval. 
III. PROCEDURES  
6. For products under restriction as to the quantity or value of imports (whether 
applicable globally or to a limited number of countries or whether established 
bilaterally or unilaterally). 
Answer: 
There are no quantitative restrictions. 
7. Where there is no quantitative limit on im portation of a product or on imports from a 
particular country: 
(a) How far in advance of importation must a pplication for a licence be made?  Can licenses 
be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)? 
(b) Can a licence be granted immediately on request? (c) Are there any limitations as to the period  of the year during which application for 
licence and/or importation may be made?  If so, explain. 
(d) Is consideration of licence applications effect ed by a single administrative authority?  
Or must the application be passed on to oth er authorities for visa, note or approval?  If  WT/ACC/TJK/19/Rev.1 
 Page 17 
 
 
  so, which?  Does the importer have to approach more than one administrative 
authority? 
Answer: 
(a)  An application for a licence must be made one month prior to the importation.  Legislation 
governing import licensing procedure does not pr ovide for obtaining licenses neither within a 
shorter time-limit nor in cases when goods arrive at the border without a licence. 
(b)  A licence cannot be granted immediately on request. (c)  There are no limitations as to the period of  the year during which application for licence 
and/or importation may be made. 
(d)  Consideration of licence applications is e ffected by a single administrative authority.  The 
application must not be passed on to other aut horities for visa, note or approval.  An importer 
does not have to approach more than one administrative authority.   
8. Under what circumstances may an application for a licence be refused other than failure 
to meet the ordinary criteria?  Are the reasons  for any refusal given to the applicant?  
Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to 
what bodies and under what procedures? 
Answer: 
Besides a failure by applicant to meet the ordinary criteria for obtaining a licence, the application for a 
licence can be refused in case of supply of incorrect a nd falsified data by the applicant.  The reasons 
for refusal of issuing a licence are provided to the app licant.  The applicants have the right to appeal 
the administrative decisions on refusal to issue a lic ence in the court of the Republic of Tajikistan. 
The procedure of appeal is given in section A.III.8. 
IV. ELIGIBILITY OF IMPORTS TO APPLY FOR LICENCE 
9. Are all persons, firms and institutions eligible to apply for licenses:  (a) under restrictive licensing systems? 
 (b) under non-restrictive systems? 
 If not, is there a system of registration of persons or firms permitted to engage in 
importation?  What persons or firms are e ligible?  Is there a registration fee?  Is there a 
published list of authorized importers? 
Answer: 
See answers in section A. 
V. DOCUMENTATIONAL AND OTHER REQUIREMENTS FOR APPLICATION OF 
LICENCE 
10. What information is required in applicatio ns?  Submit a sample form.  What documents 
is the importer required to supply with the application?  WT/ACC/TJK/19/Rev.1 
Page 18  
 
  Answer: 
See answer to section A.VI.10. 
11. What documents are required upon actual importation 
Answer: 
See answer to section A.VI.11. 
12. Is there any licensing fee or administrative charge?  If so, what is the amount of the fee 
or charge? 
Answer: 
The fee for the examination of applications for licenses for import of pharmaceuticals and medical 
goods equals to four calculation indicators, while th e fee for issuing import licenses is ten calculation 
indicators.  The calculation indicator is a unit utilised for the calculation of taxes, duties and other 
charges, which is provided in the Law "On the Stat e Budget" and is adjusted annually, taking into 
account the rate of anticipated inflation.  For 2012, the calculation indicator for taxes, duties and other charges is 40 Somoni, (approximately US$8.40). 
13. Is there any deposit or advance payment requirement associated with the issue of 
licenses?  If so, state the amount or rate, wh ether it is refundable, the period of retention 
and the purpose of the requirement. 
Answer: 
There is no deposit or advance payment requireme nt associated with th e issuance of licenses. 
VI. CONDITIONS OF LICENSING  
14. What is the period of validity of a licence?  Can the validity of a licence be extended?  
How? 
Answer: 
According to the Article 8 of the Law of the Republic  of Tajikistan on Licensing of Separate Types of 
Activities (No. 37 of 17 May 2007) the validity of import licenses for import of pharmaceuticals and medical goods is not less than five years.  
According to the Article 8 paragraph 3 of the La w of the Republic of Tajikistan on Licensing of 
Separate Types of Activities (No. 37 of 17 May 2007) the validity of a licence can be extended prior 
to its expiry date for the same period if the licence holder so requests.  The extension of the validity of 
a licence is carried out through re-issuing of a licence.  
15. Is there any penalty for the non-utilization of a licence or a portion of a licence? 
Answer: 
The legislation does not provide for a penalty for n on-utilization or partial utilization of a licence.   WT/ACC/TJK/19/Rev.1 
 Page 19 
 
 
  16. Are licenses transferable between importers?   If so, are any limitations or conditions 
attached to such transfer? 
Answer: 
Licenses are not transferable between importers.  
17. Are any other conditions attached to the issue of a licence: 
(a) for products subject to quantitative restriction? 
(b) for products not subject to quantitative restriction? 
Answer: 
There are no other conditions attach ed to the issue of a licence. 
VII. OTHER PROCEDURAL REQUIREMENTS 
18. Are there any other administrative procedures, apart from import licensing and similar 
administrative procedures, required prior to importation? 
Answer: 
State registration of pharmaceuticals or medical goods  is required before obtaining an import licence. 
Licensed importers of pharmaceuticals or medical goods must obtain the permission for carrying out 
import operations.  Permission is granted by the Mini stry of Healthcare of the Republic of Tajikistan. 
19. Is foreign exchange automatically provided by the banking authorities for goods to be 
imported?  Is a licence required as a condition to obtaining foreign exchange?  Is foreign 
exchange always available to cover licenses is sued?  What formalities must be fulfilled 
for obtaining the foreign exchange? 
Answer: 
See answer to section A.VII.19. WT/ACC/TJK/19/Rev.1 
Page 20  
 
  D. Ethyl alcohol and alcoholic beverages 
Please note that the Resolution of the Government of  the Republic of Tajikistan on the Establishment 
of Provisions on Specificities of Licensing of Separate Types of Activities No. 172 of 3 April 2007) has been amended by the Government Resolution No . 368 of 16 July 2012 to abolish import licensing 
for alcohol and alcoholic beverages.  Consequent ly, licenses are not required for import and export of 
alcohol and alcoholic beverages.   WT/ACC/TJK/19/Rev.1 
 Page 21 
 
 
  E. Import of radioactive material 
I. OUTLINE OF SYSTEMS 
1. Give a brief description of each licensing sy stem as a whole and, with respect to each, 
reply to the following questions as relevant, placing all of the material with respect to a 
given system in sequence together, and using cross references as appropriate when 
elements which have already been descri bed are also present in another system. 
Answer: 
The import of radioactive material in the Republic  of Tajikistan is regulated by the Law of the 
Republic of Tajikistan on Licensing of Separate Types of Activities (No. 37 of 17 May 2007) and the 
Resolution of the Government of the Republic of  Tajikistan on the Establishment of Provisions on 
Specificities of Licensing of Separate Types of Activities (No. 172 of 3 April 2007).  The licensing 
authority for import of radioactive material is the Academy of Sciences of the Republic of Tajikistan. 
II. PURPOSES AND COVERAGE OF LICENSING 
2. Identify each licensing system maintain ed and state what products, appropriately 
grouped, are covered. 
Answer: 
The import of radioactive material is subject to import licensing requirements. 
3. The system applies to goods originat ing in and coming from which countries? 
Answer: 
The import licensing system applies to goods originating in and coming from all countries. 
4. Is the licensing intended to restrict the quantit y or value of imports, and if not, what are 
its purposes?  Have alternative methods of accomplishing the purposes been considered 
and if so which?  Why have they not been adopted? 
Answer: 
The licensing of import of radioactive material does not intend to restrict the quantity or value of 
imports.  The purposes of import licensing measures ar e:  protection of human health, protection of 
state security and public safety. 
5. Cite the law, regulation and/or admini strative order under which the licensing is 
maintained.  Is the licensing statutorily required?  Does the legislation leave designation of products to be subjected to licensing to administrative discretion?  Is it possible for 
the government (of the executive branch) to  abolish the system without legislative 
approval? 
Answer: 
Licensing system for imports of radioactive materi al is maintained under the following legislative 
acts:  WT/ACC/TJK/19/Rev.1 
Page 22  
 
  − The Law of the Republic of Tajikistan on Licensi ng of Separate Types of Activities (No. 37 
of 17 May 2007); and  
− The Resolution of the Government of the Re public of Tajikistan on the Establishment of 
Provisions on Specificities of Licensing of Separate Types of Activities (No. 172 of 3 April 2007). 
The licensing of import of radioactive material is st atutorily required in the Republic of Tajikistan. 
The legislation does not leave designation of products to be subjected to licensing to administrative 
discretion. 
It is impossible for the Government (or the ex ecutive branch) to abolish import licensing system 
without legislative approval. 
III. PROCEDURES  
6. For products under restriction as to the quantity or value of imports (whether 
applicable globally or to a limited number of countries or whether established 
bilaterally or unilaterally). 
Answer: 
There are no quantitative restrictions. 
7. Where there is no quantitative limit on im portation of a product or on imports from a 
particular country: 
(a) How far in advance of importation must a pplication for a licence be made?  Can licenses 
be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)? 
(b) Can a licence be granted immediately on request? (c) Are there any limitations as to the period  of the year during which application for 
licence and/or importation may be made?  If so, explain. 
(d) Is consideration of licence applications effect ed by a single administrative authority?  
Or must the application be passed on to oth er authorities for visa, note or approval?  If 
so, which?  Does the importer have to approach more than one administrative 
authority? 
Answer: 
(a)  An application for a licence must be made one month prior to the importation.  Legislation 
governing import licensing procedure does not pr ovide for obtaining licenses neither within a 
shorter time-limit nor in cases when goods arrive at the border without a licence. 
(b)  A licence cannot be granted immediately on request. 
(c)  There are no limitations as to the period of  the year during which application for licence 
and/or importation may be made.  WT/ACC/TJK/19/Rev.1 
 Page 23 
 
 
  (d)  Consideration of licence applications is e ffected by a single administrative authority.  The 
application must not be passed on to other aut horities for visa, note or approval.  An importer 
does not have to approach more than one administrative authority.   
8. Under what circumstances may an application for a licence be refused other than failure 
to meet the ordinary criteria?  Are the reasons  for any refusal given to the applicant?  
Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to 
what bodies and under what procedures? 
Answer: 
Besides a failure by applicant to meet the ordinary criteria for obtaining a licence, the application for a 
licence can be refused in case of supply of incorrect a nd falsified data by the applicant.  The reasons 
for refusal of issuing a licence are provided to the app licant.  The applicants have the right to appeal 
the administrative decisions on refusal to issue a lic ence in the court of the Republic of Tajikistan. 
The procedure of appeal is given in section A.III.8. IV. ELIGIBILITY OF IMPORTS TO APPLY FOR LICENCE 
9. Are all persons, firms and institutions eligible to apply for licenses: 
 (a) under restrictive licensing systems? 
 (b) under non-restrictive systems? 
 If not, is there a system of registration of persons or firms permitted to engage in 
importation?  What persons or firms are e ligible?  Is there a registration fee?  Is there a 
published list of authorized importers? 
Answer: 
See answers in section A. 
V. DOCUMENTATIONAL AND OTHER REQUIREMENTS FOR APPLICATION OF 
LICENCE 
10. What information is required in applicatio ns?  Submit a sample form.  What documents 
is the importer required to supply with the application?  
Answer: 
In addition to the information given in section A.VI .10, the following additional documents have to be 
supplied by applicant for obtaining a lic ence to import radioactive material:  
− positive decision of sanitary-hygienic surve illance body on the rele vance of premises, 
communication systems and special transport means used for carrying out the importation; existence of protective means and layers (covers); 
− positive decision of fire surveillance body; 
− copies of conformity certificates issued by the certification authorities; 
− copies of certificates on state registration of radioactive material; 
− copy of the qualification certificate issued by  the Agency on Nuclear and Radioactive Safety 
of the Academy of Sciences of the Republic of Tajikistan; WT/ACC/TJK/19/Rev.1 
Page 24  
 
  − document certifying that in case if import or transit of radioactive material has not been 
accomplished the goods will be returned to the exporter; 
− copy of certificate of medical institution on ps ychic condition of pers ons engaged in those 
activities; and 
− positive decision of internal affairs authorities. 
11. What documents are required upon actual importation? 
Answer: 
See answer to section A.VI.11. 
12. Is there any licensing fee or administrative charge?  If so, what is the amount of the fee 
or charge? 
Answer: 
The fee for the examination of applications for licen ses for import of radioactive material equals to 
four calculation indicators, while the fee for issuing import licenses is ten calculation indicators.  
The calculation indicator is a unit utilised for the calc ulation of taxes, duties and other charges, which 
is provided in the Law "On the State Budget" and is  adjusted annually, taking into account the rate of 
anticipated inflation.  For 2012, the calculation indi cator for taxes, duties and other charges is 40 
Somoni, (approximately US$8.40). 
13. Is there any deposit or advance payment requirement associated with the issue of 
licenses?  If so, state the amount or rate, wh ether it is refundable, the period of retention 
and the purpose of the requirement. 
Answer: 
There is no deposit or advance payment requireme nt associated with th e issuance of licenses. 
VI. CONDITIONS OF LICENSING  
14. What is the period of validity of a licence?  Can the validity of a licence be extended?  
How? 
Answer: 
According to the Article 8 of the Law of the Republic  of Tajikistan on Licensing of Separate Types of 
Activities (No. 37 of 17 May 2007) the validity of import licenses for import of radioactive material is 
not less than five years.  
According to the Article 8 paragraph 3 of the La w of the Republic of Tajikistan on Licensing of 
Separate Types of Activities (No. 37 of 17 May 2007) the validity of a licence can be extended prior 
to its expiry date for the same period if the licence holder so requests.  The extension of the validity of 
a licence is carried out through re-issuing of a licence.  
15. Is there any penalty for the non-utilization of a licence or a portion of a licence? 
Answer: 
The legislation does not provide for a penalty for n on-utilization or partial utilization of a licence.   WT/ACC/TJK/19/Rev.1 
 Page 25 
 
 
  16. Are licenses transferable between importers?   If so, are any limitations or conditions 
attached to such transfer? 
Answer: 
Licenses are not transferable between importers.  
17. Are any other conditions attached to the issue of a licence: 
(a) for products subject to quantitative restriction? 
(b) for products not subject to quantitative restriction? 
Answer: 
There are no other conditions attach ed to the issue of a licence. 
VII. OTHER PROCEDURAL REQUIREMENTS 
18. Are there any other administrative procedures, apart from import licensing and similar 
administrative procedures, required prior to importation? 
Answer: 
See answer to section E.VI.10.  
19. Is foreign exchange automatically provided by the banking authorities for goods to be 
imported?  Is a licence required as a condition to obtaining foreign exchange?  Is foreign 
exchange always available to cover licenses is sued?  What formalities must be fulfilled 
for obtaining the foreign exchange? 
Answer: 
See answer to section A.VII.19. 
 
__________