RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TJK/15 
7 August 2008 
 (08-3762) 
Working Party on the  
Accession of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Additional Questions and Replies  
  
 The following submission, dated 10 July 2008, is being circulated at the request of the 
Delegation of the Republic of Tajikistan.   
_______________ 
  WT/ACC/TJK/15 
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  TABLE OF CONTENTS 
II. ECONOMIC POLICIES..........................................................................................................1  
- Foreign Exchange and Payments ............................................................................................1  
- Investment Regime.............................................................................................................. ......3  
- State Ownership and Privatization .........................................................................................8  
- Pricing Policies ............................................................................................................... .........14  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................15  
- Powers of Executive, Legislative and Judicial Branches of Government ..........................15  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................21  
- Trading Rights ................................................................................................................. .......21  
A. IMPORT REGULATIONS....................................................................................................28  
- Ordinary cust oms duties ........................................................................................................ 28 
- Other duties and charges....................................................................................................... .28 
- Tariff rate quotas, tariff exemptions.....................................................................................30  
- Fees and charges for services rendered.................................................................................30  
- Application of internal taxes to imports ...............................................................................31  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............33  
- Customs valuation.............................................................................................................. .....37  
- Other customs formalities ...................................................................................................... 38 
- Anti-dumping, countervailing dut ies and safeguard regimes.............................................40  
B. EXPORT REGULATIONS ...................................................................................................41  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........41  
- Export rest rictions ............................................................................................................ ......42  
- Export subsidies ............................................................................................................... .......45  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................46  
- Industrial policy, including subsidies....................................................................................46  
- Technical barriers to trade, standards and certification.....................................................47  
- Sanitary and phytosanitary measures...................................................................................51  
- State-trading entities......................................................................................................... ......58  
- Free zones, special economic areas........................................................................................59  
- Government procurement......................................................................................................60  
- Agricultural policies.......................................................................................................... ......62  
V. TRADE RELATED INTELLECTUAL  PROPERTY REGIME.......................................65  
- GENERAL........................................................................................................................ .......65  WT/ACC/TJK/15 
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  - SUBSTANTIVE STANDARDS ON PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND USE OF INTELLECTUAL PROPERTY RIGHTS............................................................................................................66
 
- Copyright and related rights..................................................................................................6 6 
- Trademarks, including  service marks...................................................................................68  
- Patents........................................................................................................................ ..............68  
- Plant variety protection....................................................................................................... ...70 
- Requirements on undisclosed information, including trade secrets and test data............70  
- ENFORCEMENT...................................................................................................................7 1 
- Civil judicial procedures and remedies.................................................................................71  
- Provisional measures ........................................................................................................... ...73 
- Administrative procedures and remedies.............................................................................73  
- Special border measures........................................................................................................ .74 
VII. TRANSPARENCY .................................................................................................................75  
ANNEX I........................................................................................................................ .......................77  
ANNEX II ....................................................................................................................... ......................81  
ANNEX III...................................................................................................................... ......................83  
ANNEX IV....................................................................................................................... .....................84  
ANNEX V ........................................................................................................................ .....................85  
ANNEX VI....................................................................................................................... .....................88  
 
  WT/ACC/TJK/15 
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  II. ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 1 We are pleased by Tajikistan's commitment in paragraph 24 of JOB(05)/5/Rev.1, that it will 
"liberalize measures relating to the pre-paymen t requirement, the transaction passport and the 
obligation to repatriate export earnings by 2009", as well as the promise in response to 
Question 54 of WT/ACC/TJK/13, that Tajikist an will eliminate the mandatory prepayment 
requirement by the time of accession.   
Please provide the Working Party with a detailed description and schedule as to how the 
mandatory prepayment requirement, the transact ion passport and the obligation to repatriate 
export earnings will be liberalized.  
Will Tajikistan consider eliminating the manda tory prepayment requirement, the transaction 
passport and the obligatory repatriation of export earnings?   
Answer:
 
The requirement to provide export transaction passpor ts was cancelled by the Decision of the Board 
of the National Bank of Tajikistan No. 37 of 26 January 2007.  
The mandatory prepayment requirement was withdrawn by the Decree of the President of the 
Republic of Tajikistan No. 823 of 10 Septembe r 1997 "On Amendments to Some Decrees of the 
President of the Republic of Tajikistan on the Issues Pertaining to the Marketing of Cotton Products".  
Currently, the buyer and the seller independently determine the form of settlement for export of 
goods, including Letters of Credit and other settlement forms.  
With the purpose to cancel the requirement on mandatory repatriation of export proceeds, the 
Government of the Republic of Tajik istan is planning to revise the Law of the Republic of Tajikistan 
"On Currency Regulations and Currency Control" and the Decree of the President of the Republic of 
Tajikistan No. 424 until the end of 2008. 
Question 2 In Question 9 of WT/ACC/TJK/13, Tajikistan wa s asked to describe the process for obtaining 
permission to establish an account in a foreign  bank.  Tajikistan's response, referring the 
Working Party to the relevant legislation, is in adequate.  Please describe the process by which 
such permission is granted.  
The required permissions to open an account in a foreign bank, described in response to 
Question 9 of WT/ACC/TJK/13 and paragraph 18 of  JOB(05)/5/Rev.1, appear to be a restraint 
on trade.    
What is Tajikistan's rationale for these restrict ions? Please describe any plans to eliminate this 
procedure to allow domestic and foreign bus iness owners access to foreign exchange and 
establish foreign bank accounts more easily. WT/ACC/TJK/15 
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  Answer:  
According to the plans of the Government, a new draft of the Law "On Foreign Exchange Regulation 
and Foreign Exchange Control" w ill be developed with the provision to cancel the requirement to 
obtain a permit of the National Bank of Tajikista n for opening accounts with foreign banks, and 
replace it with a notification. 
Note that domestic and foreign business owners ha ve unrestricted access to foreign exchange in 
Tajikistan. 
Question 3 
We welcome Tajikistan's responses to our questions provided in WT/ACC/TJK/14 and note 
that it has undertaken some reform of its forei gn exchange and payments regime.  We note 
reference to the fact that Tajikistan intends to undertake further liberalisation of three measures: (i) mandatory pre-payment of export s; (ii) transaction passport requirements for 
exporters; and (iii) obligations to repatriate export  earnings into foreign currency accounts held 
in banks in Tajikistan.  We note that these me asures do involve restrictions on current account 
transactions and should be eliminated by the da te of accession.  We look forward to further 
information on Tajikistan's plans to address these issues. 
Answer:
 
Transaction passport requirements for exporters were eliminated by the Decision of the Board of the 
National Bank of Tajikistan No . 37 of 26 January 2007. 
Requirement on mandatory prepayment was liberalized  by the Decree of the President of the Republic 
of Tajikistan No. 823 of 10 September 1997 "On Amen dment to Some Decrees of the President of the 
Republic of Tajikistan on Marketing of Cotton Products".  Currently, sellers and buyers are free to 
determine the form of settlements in export of goo ds, including Letters of Credit and other forms of 
payment. 
In order to liberalize requirements on mandatory re patriation of export foreign currency earnings, the 
Government of the Republic of Tajikistan plans to  revise the Law of the Republic of Tajikistan "On 
Foreign Exchange Regulation and Fo reign Exchange Control" and the Decree of the President of the 
Republic of Tajikistan No. 424 until the end of 2008. 
Question 4 
We look forward to seeing further informatio n on Tajikistan's removal of a mandatory pre-
payment requirement in the reply to Question 28 of WT/ACC/TJK/14 which does represent an 
inappropriate limitation on current transactions. 
Answer:  
Requirement on mandatory prepayment was liberalized  by the Decree of the President of the Republic 
of Tajikistan No. 823 of 10 September 1997 "On Amen dment to Some Decrees of the President of the 
Republic of Tajikistan on Marketing of Cotton Products".  Currently, sellers and buyers are free to 
determine the form of settlements in export of goo ds, including Letters of Credit and other forms of 
payment.   WT/ACC/TJK/15 
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  - Investment Regime 
Question 5 Please describe in greater detail the process for co mmencing a foreign investment in Tajikistan, 
as set out in the draft Investment Law or any other legal instrument.   
In this respect, it would also be useful to describe the regulations, if any, governing the 
establishment by foreigners of various types of bus iness entities in Tajikistan, as well as those 
relating to the ownership of shares by fo reigners in Tajikistan business entities.  
Answer:
 
Please note that the new Law of the Republic of Taji kistan "On Investments" No. 260 was adopted on 
12 May 2007 and it replaced the La w of the Republic of Tajikista n "On Foreign Investments" of 
10 May 1992. 
According to the new Law of the Republic of Ta jikistan "On Investments", investment activities in 
the Republic of Tajikistan can commence in the following forms:   
- Establishment of a legal entity; 
- Acquisition of property or non-property rights, that is: 
 - the share in the authorized capital of  a legal entity, including increasing the 
authorized capital of a legal entity; 
 - immovable property;  - securities;  - the right of ownership on intellectual property; 
 - concessions; 
 - equipment; and  - other fixed assets. 
Legal entities with foreign investments can be established in any form allowed for domestic 
investments.  Process of registration of entities with foreign investments does not differ from the 
process of registration of entities with domestic inv estments, apart from the requirement to translate 
documents to be registered from a foreign to the State language, and the State duty.  The process of 
registration is described in more details in th e answers to Questions 62-65 in the sub-paragraph 
"Trading Rights" below. 
There is no restriction on foreign investments in entities. The following legal normative acts exist in the Rep ublic of Tajikistan to regulate establishment of 
various types of entities by foreigners: 
- The Civil Code of the Republic of Tajikistan; 
- The Law of the Republic of Tajikistan "On Limited Liability Companies"; - The Law of the Republic of Tajikistan "On Joint Stock Companies"; - The Law of the Republic of Tajikistan "On th e State Registration of Legal Entities"; and 
- The Law of the Republic of Tajikistan "On Investments". WT/ACC/TJK/15 
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  Question 6 
Please update the Working Party on the status of  the new law "On Invest ment", referenced in 
paragraph 27 of JOB(05)/55/Rev.1.  We encourage Tajikistan to provide the Working Party with a translation of the draft law as soon as possible to allow the Working Party an 
opportunity to review the law fo r consistency with the WTO.  
Answer:
 
The copy of the Law of the Republic of Tajikista n "On Investments" No. 260 of 12 May 2007 is 
available for consultation (WT/ACC/TJK/15/Add.1 refers). 
Question 7 
Paragraph 33 of JOB(05)/55/Rev.1 states that  a proposal was made in the new Law "On 
Investments" to "provide legal protection to foreign investors that would safeguard their tax relief and other benefits from any future changes to the existing legislation." This provision 
appears to "grandfather" certain existing benefi ts.  Please confirm that Tajikistan will not 
grandfather any existing subsidy benefi ts that are not WTO-consistent.   
Answer:
 
The previous Law of the Republic of Tajikistan "O n Foreign Investments" did not contain provisions 
on subsidies contradicting the WTO requirements.  Th erefore, provisions to "grandfather" in the new 
law will not lead to retaining of su bsidies that are not WTO consistent. 
Question 8 
Does the draft Investment Law envision requi rements or conditions imposed on foreign 
investment that would not equally be imposed on  domestic investment?  If so, please describe. 
Answer:  
No, according to the Article 4 of the Law of the Re public of Tajikistan "On Investments", the State 
guarantees equal rights between foreign and domestic investors with no discrimination of investors 
based on their citizenship, natio nality, language, gender, race, religion, location of economic 
activities, as well the country of origin of investors or investments. 
Question 9 
In paragraph 28 of JOB(05)/55/Rev.1, Tajikistan refers to "foreign investment activities to be 
carried out with a licence."   In the response to Question 7 of WT/ACC/TJK/14, Tajikistan similarly refers to "types of activities and/or region in relation to which investment activities of investors could be limited or prohibited."   
Please identify, in an annexed table, the foreig n investment activities that may be carried out 
only with a licence, the legal instrument setting  out the relevant licensing requirements, and the 
Ministries responsible for granting such licenses.   
Answer:
 
Licensing is applied to certain types of activities equa lly for domestic and foreign investors.  Types of 
activities subject to licensing pursuant to the re vised Law "On Licensing of Certain Types of  WT/ACC/TJK/15 
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  Activities" No. 37 of 17 May 2004 and the redrafted Regulations "On the Peculiarities of Licensing 
Certain Types of Activities" No. 172 of 3 April 2007 are provided in the Annex I. 
Question 10 
Is the licence to invest or to carry out the underlying activity? 
Answer:  
The licence is for the carrying out underlying activity, not for investment. 
Question 11 
Do the same restrictions apply to domestic investors as apply to foreign investors? 
Answer:  
Yes. 
Question 12 
Will all foreign investors be treated equally? 
Answer:  
Yes. 
Question 13 
Please include in the table the investment activities that are prohibited under the draft 
Investment Law or any other legal instrument.   
To what extent are domestic entities, private or State-owned, engaged in these types of 
activities? 
Answer:  
The provision of the draft Law "On Investments" re garding restrictions or prohibition of investment 
activities in certain types of activities and/or territories was deleted.    
Currently, the Government has not determined facilit ies and/or territories, where investments can be 
restricted. 
Question 14 
In addition to the licensed or prohibited sector s of investment, are there other grounds on which 
investment by foreigners might be refused by th e Government?  If yes, please describe these 
grounds.  
Answer:  
There are no other grounds, on which the Government can decline investments. WT/ACC/TJK/15 
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  Question 15 
In paragraph 30 of JOB(05)/5/Rev.1, Tajikistan points to the high levels of unemployment as 
justification for the requirement that foreign  companies employ at least 70 per cent local 
workers.  While we understand Tajikistan's desire  to decrease unemployment, such a measure 
often has the reverse outcome.  Foreign investors will want to engage personnel based on 
objective criteria, such as skill, education and experience, rather than nationality.  Companies 
that establish a commercial presence or conduct business in Tajikistan will willingly hire Tajik citizens because they are familiar with local cu stoms and practices, and because it is expensive 
to send personnel abroad.  However, a strict citizenship requirement for personnel will likely 
discourage foreign investment.  
Answer:
 
The new Law on Investment No. 260of 12 May 2007 has eliminated the requirement that foreign 
companies employ at least 70 per cent local workers.   Note that Law No. 555 "On Foreign Investment 
in the Republic of Tajikistan" of 10 March 1992 is no longer valid.  
Question 16 
Regarding the VAT and customs duty waiver a nd the tax waiver described in paragraphs 31 
and 33, respectively, of JOB(05)/55/Rev.1, please describe the eligibility criteria.   
Answer:  
Pursuant to the Resolution No. 591 of 30 Novemb er 2007 drafted based on the Article 345 of the 
Customs Code and the Article 211 of the Tax Code , a list of goods subject to such waivers is 
determined.  Waivers are provided to both domes tic and foreign investors on equal terms when 
importing manufacturing and technological equipm ent and spare parts for development or 
replenishment of the statutory fund of the entity or technical conversion of the current production. 
Question 17 
Are these waivers tied to domestic content or export performance?  Such conditions may render 
a tax waiver a prohibited subsidy.   
Answer:  
VAT and customs duty waivers described in the pa ragraphs 31 and 33 of JO B(05)/55/Rev.1, are not 
related to the domestic cont ent or export performance. 
Question 18 
What is the legislative basis for these waivers?  
Answer:  
The legal basis for these waiv ers comprises the Resolution No. 591 of 30 November 2007, the 
Article 345 of the Customs Code, and the Article 211 of the Tax Code, the Article 19 of the Law "On 
Investments" No. 260 of 12 May 2007.  WT/ACC/TJK/15 
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  Question 19 
Please explain how, in Tajikistan's view, this po licy can be reconciled with the requirement of 
Article I of the GATT 1994 to apply the identica l tariffs to like products, regardless of whether 
they may be used by domestic or foreign firms within Tajikistan? 
Answer:  
VAT and customs duty waiver for technological e quipment complies to the requirements of the 
Article I of the GATT 1994.  Such VAT and cust oms duty waivers are unconditionally provided for 
all goods regardless of the country of origin, and regardless of the use by domestic or foreign entities. 
Question 20 
Please confirm that the discontinuation of requi ring "these examinations" as mentioned at the 
end of paragraph 32 of JOB(05)/55/Rev.1 refers to both the "scientific expert examination" and 
the "preliminary expert examination". 
Answer:  
Pursuant to the new Law of the Republic of Tajik istan "On Investment", requirement on preliminary 
expert examination has been abolished.  With the a doption of this Law, revision of the Resolution of 
the Government of the Republic of Tajikistan No . 136 of 4 April 1996 "On the Scientific Expert 
Examination of the Newly Estab lished Production" is envisioned. 
Question 21 
According to paragraph 39 of JOB(05)/5/Rev.1 , foreigners may be secondary land users.  May 
foreigners be primary land users as well? 
Does the Land Code extend national treatment to foreign persons and/or legal entities in all 
aspects? 
Answer:  
Pursuant to the Article 25 of the Land Code of th e Republic of Tajikistan, foreign persons and legal 
entities can use land during up to 50 years as primary la nd users.  Furthermore, joint ventures can be 
primary land users during unlimited time.  At th at, foreign persons and legal entities enjoy equal 
rights along with the domestic persons and legal entities. 
Foreign persons and legal entities, apart from joint ventures, cannot be land users for unlimited time. 
Foreign persons and legal entities cannot be la nd users with lifetime inheritance rights.  
Foreign citizens and foreign legal entities are not entitled to use the land of the specially protected 
areas. 
Question 22 We do not understand the first paragraph of Tajikistan's response to Question 9 of 
WT/ACC/TJK/14.  Please confirm that land use ri ghts, including rental rights, are accorded to 
foreign investors and enterprises with foreign part icipation on terms no less favourable than to WT/ACC/TJK/15 
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  domestic investors and enterprises.  If the land use rights are different, please explain how they 
differ.  
Answer:  
Primary land users can lease out land for the term of 20 years.  Lessees can be both domestic and 
foreign persons and legal entities based on equal terms. 
Question 23 
Paragraph 30, page 7:  It is indicated that Article 27 of the  Foreign Investment Law mandates 
foreign enterprises to employ at least seventy  per cent of its work force locally.   
We wonder whether Tajikistan plans to take steps to lift this restriction in order to improve the 
general investment climate, as such limitations may be deemed a negative factor by investors, 
especially when the limit for foreign employees as a percentage of the work force is set so low?  
Answer:  
On 12 May 2007 the new Law of the Republic of Tajikistan "On Investments" No. 260 was adopted, 
which replaced the old Law of the Republic of Tajikistan "On Foreign Investments" from 
10 May 1992.  Under this new Law "On Investment s" restriction on foreign labor force has been 
removed.  
- State Ownership and Privatization 
Question 24 This section requires work to clarify th e role of the State in the economy. 
Regarding Table 2 of JOB(05)/5/Rev.1:  In Table 2(a), it appears that each column in it is a 
separate year, beginning with 1991 and ending wi th 2003, and that the headings 1991, 1995 and 
1997 do not cover multiple columns.  Please confirm our understanding.   
Please define the terms used in the left hand colu mn of Table 2(a) (e.g., "sovkhozes" "special 
objects" and "general objects"). 
What is the relationship between the information in Table 2(a) and in Table 2(b)?  According to 
Table 2(a), there are 910 enterprises left to be priv atized.  But according to Table 2(b), there are 
2,377 enterprises left to be privatized.  (We ca lculated 2,377 by summing the figures in the 
"Total" column and subtracting the sum of the figures in the "Total Subject" column.)   
What is the last year for which data are included in Table 2(b)?   
Answer:
 
Taking into account that the Tables 2 JOB(05)/5/R ev.1 and 3 JOB(05)/5/Rev.1 contain outdated 
information, we attach updated tables in Annex II (T able 1 - privatization process by sectors; Table 2 
- general information on the priv atization process; Table 3 - inform ation on the privatization of 
entities according to the Strategic Plan by sectors; Table 4 - information on the non-privatized entities 
indicated in the Strategic Plan for 2003-2007 by sectors).  WT/ACC/TJK/15 
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  Question 25 
How many companies directly involved in the impo rt and/or export of goods or services have 
been privatized to date?  
Answer:  
In Tajikistan external trade liberalized and any co mpany can participate in export-import transactions.  
Hence, there is no separate statis tics on the criteria of involvement of privatized entities in export-
import transactions. 
Question 26 
We would like more information regarding the 1, 029 enterprises (mentioned in Table 2(a) of 
JOB(05)/5/Rev.1) that are not subject to privatization. 
Please identify the sectors, the number of enterpri ses in each sector, and their relative share of 
the sector represented by enterprises that are not subject to privatization. 
Why are these enterprises not subject to privatization? 
Answer:  
First, 1029 is the number of facilities (assets), not entities, and these figures are outdated.  
Pursuant to the Resolution of the Governme nt of the Republic of Tajikistan No. 388 of 
28 August 1997 "On the Facilities not Subject to Privatization, and Facilities Subject to Privatization Pursuant to the Decision of the Government of th e Republic of Tajikistan", strategic objects being the 
exclusive property of the State shall not be subject to privatization.  Such objects and entities include: education system (schools, universities, etc.), heal th facilities, historical sites, national property; 
administrative buildings and structures; armed forc es facilities, security agencies and border troops, 
other law-enforcement, customs and tax bodies; defe nce entities; activity ther apy centers and entities, 
correctional labor institutions; geology, geodesy services, etc. 
Question 27 
Aside from the large companies mentioned in paragraph 36 of JOB(05)/5/Rev.1, after a State-
owned or State-controlled enterprise has been privatized, does the Government of Tajikistan 
retain any role in the management of that company (for example in the enterprise's operations, decision-making or Board composition)?   
Answer:
 
Aside from the large companies mentioned in paragraph 36 of JOB(05)/5/Rev.1, after a State-owned 
or State-controlled enterprise has been privatized, the Government of Tajikistan does not retain any 
role in the management of that company including operations and decision-making.  The Government 
however may monitor compliance with commitments made in tender. 
Question 28 
Does the company function under the same rules and regulations as companies that were 
privately-owned since their beginning?  Please describe any differences that exist.   WT/ACC/TJK/15 
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  Answer:  
A privatized enterprise shall function under the same  rules and regulations as any other company that 
was privately-owned since the beginning. 
Question 29 
We appreciate the further information provided in Table 3 of JOB(05)/5/Rev.1 (and Annex I of 
WT/ACC/TJK/14).  However, we would like some clarification as to the information in this 
table.   
Are the 117 enterprises listed in this table part of the 358 medium and large companies 
identified as "left to be privatized" mentioned in Table 2(a)? 
If so, please explain the discrepancy between the two figures: 117 and 358. 
If not, what is the relationship between these 177 and the 358 figure from Table 2(a)? 
Answer:  
As it was indicated in the answer to the Qu estions 24-27, Tables 2 JOB(05)/5/Rev.1 and 3 
JOB(05)/5/Rev.1  are outdated, and we attached new tables with updated information in Annex II.  
Pursuant to the Strategic Plan for 2003-2007, it w as envisaged to privatize 459 entities, of which 419 
were privatized, 11 - liquidated, 6 - excluded from the Strategic Plan, 7 are under liquidation, and of 
the total amount of entities, 16 are pending. 
Question 30 
For those enterprises identified as "ind." or "c om." in the "Section" column, please provide 
greater specificity as to the sector of the econ omy occupied by each enterprise (such as the 
categories identified in Table 2(b)).  
Answer:  
See the new Tables 3 and 4 in the Annex II. 
Question 31 
What is the significance of the "year"? 
Answer:  
Pursuant to the Strategic Plan, the word "year " means the year when entities are privatized. 
Question 32 
What is the meaning and significance of "communal property"? 
Answer:  
Pursuant to the Article 236 of the Civil Code of the Republic of Tajikistan, (forms of ownership), 
there are two forms of ownership in the Republic of  Tajikistan - private and public (State).  Property  WT/ACC/TJK/15 
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  of foreign States, international organizations, fore ign persons and legal entities is subject to equal 
protection in the Republic of Tajikistan.  
Property can be shared by a number of various owners (private and/or State including foreign, etc.) so 
that the ownership structure can be mixed as concurrent owners (joint owners).  
Pursuant to the Article 238 of the Civil Code of the Republic of Tajikistan, "Communal property 
(equivalent of municipal property)  can be owned by two or more legal entities representing local 
community.  The budget of the local community is not  State owned, as it's sh ared and owned by the 
local legal entities". 
Question 33 
What is "Rural Technical Supply"? Answer:
 
"Rural Technical Supply" ("Ta'minoti Technikii Dehot") is a company maintaining agriculture 
tractors, machinery and equipment providing services to  farmers.  The rationale behind this is that 
smaller farmers cannot afford purchasing necessary m achinery and equipment and rather prefer using 
services of this company on as needed basis.   
Question 34 According to the table, the State owns 10 per cent of the "Communal techniques plant" and the 
collective share is 0 per cent.  Who owns the remaining shares of this enterprise? 
Answer:
 
10 per cent is a typing error in the table, it must be 100 per cent. Question 35 Regarding the response to Question 1 of WT/ ACC/TJK/13, does Tajikistan have a plan for 
further liberalizing its air transportation sector? 
Answer:
 
Yes, Tajikistan plans further liberalization in the av iation sector.  In particular, the Government of the 
Republic of Tajikistan approved the Individual Restru cturing Plan for the General Department of the 
Aviation Company "Tajik Air".  
Question 36 
According to Question 6 of WT/ACC/TJK/13, all Government-owned enterprises in the mining 
and chemicals sectors will be subject to privatization by the end of 2007.   
Is this privatization plan still on schedule? 
Answer:  
Yes, all mining and chemical industry indicated  in the Question 6 WT/ACC/TJK/13 have been 
privatized. WT/ACC/TJK/15 
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  Question 37 
Will the Government retain control over any of th ese enterprises following their privatization? 
If so, for how long? Over how many enterprises and what share of  the industry would the Government retain 
control? 
Please describe any special privileges these co mpanies will continue to enjoy following 
privatization. 
Answer:
 
Mining and chemical enterprises sold through the tender, represent information on the fulfilment of 
the obligations by tender winners during two years.  When the obligations are fully met, the winner of 
the tender receives an act on the fulfilment of th e agreement terms, and the entity passed into 
ownership of the tender winner.  At the same time mining and chemical enterprises that are privatized through auctions become independent  from the State in terms of mana gement.  After the privatization, 
mining and chemical enterprises that are privati zed through auctions do not enjoy any privileges.  
Question 38 
Please list the companies over which the Government will retain control.  Answer:
 
The Government of the Republic of Tajikistan does not  maintain control over the privatized entities, it 
only monitors fulfilment of the commitments made at the tender. 
Question 39 
In response to Question 6 of WT/ACC/TJK/13, Ta jikistan acknowledges that it "retains a 
significant share in the energy sector."  
Please provide additional information on the Gov ernment's share in this sector of the market, 
such as the number of companies in the sector , their ownership structure and the schedule for 
their privatization. 
Answer:  
An individual plan of restructuring the Open Stock Company "Barki Tojik", which produce electricity 
and provides transmission services and thermal energy  (with the structure comprising 10 joint-stock 
companies) has been drafted and agreed with ministries and departments and submitted to the 
Government of the Republic of Ta jikistan for consideration.  Curre ntly, 100 per cent of the shares of 
the OJSHC "Barki Tojik" are owned by the State.  Privatization schedule has not been defined yet. 
Question 40 In response to Question 7 of WT/ACC/TJK/13, Taji kistan explains that it "retains control over 
large companies, privatized on tender basis…" 
Please identify these "large companies" over which Tajikistan retains control.  WT/ACC/TJK/15 
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  What is the nature of the control retaine d by the Government over these companies? 
Will the Government retain control over all la rge companies privatized in the future? 
How does Tajikistan determine over which compan ies to retain control (i.e., how is "large" 
defined)?  
Will this residual control always last only two years?  If not, how lo ng can the Government 
retain control? 
Answer:  
The Government of the Republic of Tajikistan does not  maintain control over the privatized entities, it 
only monitors fulfilment of the commitments made at the tender.  
Large companies are the major companies in the en ergy, construction, telecommunication, transport, 
etc., with a number of staff members exceeding 101 employees, which are privatized through tenders.  
The seller (i.e., the State Committee on Investments and State Property Management on behalf of the 
Government of the Republic of Tajikistan) monito rs the following compulsory terms committed by 
the buyer within twenty-four months starting with the date of signing the agreement: 
- Investment in fixed assets for output enlargement; 
- Increasing the number of employees; and 
- Introducing international accounting standards.  
Question 41 
Is the transfer of complete control to the privat e sector after two years an automatic event, or 
must the Government take some affirmative action? 
Answer:  
When the commitments are fully met, the winner of  the tender automatically receives an act on the 
fulfilment of agreement terms, and the entit y passes into ownership of the tender winner.  
Question 42 
Does Tajikistan have any plans to privatize the State-owned enterprises listed in Question 8 of 
WT/ACC/TJK/13?  If so, will those enterp rises be open to foreign investment? 
Answer:  
All individual restructuring plans for all na tural monopoly subjects and major entities envisage 
drafting of the individual privatization plan, and pe r decision of the Government of the Republic of 
Tajikistan, these facilities may be privatized in the future.  
The table on privatization plans for the eight above-mentioned entities is attached (Annex III).  
Participation of foreign investors in the priva tization of these entities has not been decided yet. WT/ACC/TJK/15 
Page 14 
 
 
  Question 43 
In addition, please confirm that all State-owned banks, or banks in which the State continues to 
hold an equity stake, are run on a commercial basis. 
Answer:  
Tajikistan confirms that all banks including State ba nks and those with State participation operate on 
commercial basis. 
Question 44 
In view of the special characteristics of Tajikist an's economy, we seek to clarify that when State 
owned enterprises (including banks) provide fina ncial contributions, they are doing so as 
Government actors within the scope of Article 1.1(a) of the WTO Agreement on Subsidies and 
Countervailing Measures ("CVD Agreement"). 
In addition, for purposes of applying Articl es 1.2 and 2 of the CVD Agreement, we seek to 
clarify that subsidies provided to State-owned enterprises (including State trading entities) will be viewed as specific if, inter alia , State-owned enterprises are the predominant recipients of 
such subsidies or State-owned enterprises receive  disproportionately large amounts of such 
subsidies. 
Answer:
 
State banks do not provide any subsid ies on behalf of the Government.  
Question 45 
In response to Question 5 of WT/ACC/TJK/14, Tajikistan explains that its constitution provides 
that land is owned exclusively by the State, guar anteeing the effective use in the interest of the 
people.  Tajikistan has no plans to change this  provision.  This statement appears to conflict 
with Tajikistan's schedule of transition of State owned land to private ownership.   
Please explain how Tajikistan intends to privatize with this provision in place? 
Answer:  
Tajikistan does not plan transition of St ate owned land to private ownership. 
- Pricing Policies 
Question 46 We thank Tajikistan for the additional information on its price regulations provided in 
paragraphs 40-43 of JOB(05)/55/Rev.1. 
Are these prices published in official publications of the Government?   
Will Tajikistan commit to publishing all price controls, existing or future, in official 
publications?  WT/ACC/TJK/15 
 Page 15 
 
 
  Answer:  
Decisions of the State antimonopoly body on the a pproval and coordination of prices (tariffs) 
regulated in accordance with the current legislation are periodically published in  central newspapers.  
Issues related with price regulation are regularly covered in the periodicals. 
Question 47 And will Tajikistan commit to applying all price and profit controls in a WTO-consistent fashion, 
taking into account the interests of exporting WTO Members as provided for in Article III:9 of the GATT 1994 and in Article VIII of the General Agreement on Trade in Services (GATS)?   
Will Tajikistan also commit that price controls will not be used for purposes of affording 
protection to domestic provi ders of goods or services? 
Answer:
 
Pricing policy of the Republic of Tajikistan is in full conformity to  the relevant WTO regulations and 
pricing control in the Republic of Tajikistan will not be used to protect dom estic suppliers of goods 
and services.  
Question 48 
Regarding the response to Question 1 of WT/ACC/TJK/13, does Tajikistan plan to remove its 
air transportation-related pricing controls? 
Answer:  
Pricing control related to the air transportation h as been abolished, except for the air transportation 
through domestic routes.  Pursuant to the Articles 5 and 6 of the Law of the Republic of Tajikistan 
"On Natural Monopolies" of 5 March 2007, air transportation services through local routes, in 
particular, prices (tariffs) are regulated and controlled by the authorized body. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative and Judicial Branches of Government Question 49 
In paragraph 53 of JOB(05)/55/Re v.1, Tajikistan describes "economic disputes" that are subject 
to the "Economic Courts". 
Please identify more explicitly the categories of  disputes that constitute "economic disputes". 
Are these disputes exclusively between private enti ties, or would this category also cover other 
disputes, such as those between a private en tity and the State or a State-owned entity? 
Answer:
 
On 5 January 2008, the Law "On Adoption and Entry Into Force of the Code of the Republic of 
Tajikistan on Economic Court Proceedings" No. 340 wa s adopted.  This Code has became effective 
on 1 April 2008 and it replaced the Economic  Procedural Code of 4 November 1995. WT/ACC/TJK/15 
Page 16 
 
 
  Paragraph 1 of the Chapter 4 "Jurisdiction" of  the new Code of the Republic of Tajikistan on 
economic court proceedings envisaging categories of disputes considered by the economic courts of 
the Republic of Tajikistan. A copy of the legislation is available for consultation (WT/ACC/TJK/15/Add.1 refers). 
Question 50 Do intellectual property disputes qualify as "economic disputes"? 
Answer:
 
Economic disputes are defined by the parties to the di spute rather than the dispute subject.  Disputes 
related to intellectual property can be heard in ec onomic and ordinary courts depending on the parties 
involved in the process. 
Question 51 
What recourse is available for an entity that wants to challenge an action of the State not related 
to tax or customs, for example, in relation to  licensing or any other exercise of governmental 
authority? 
Answer:  
Actions of Government bodies related to licensing or any other exercise of governmental authority 
can be appealed against in the court. 
Question 52 
Please describe the appeals process for administ rative procedures, discussed in paragraph 54 of 
JOB(05)/55/Rev.1. 
Answer:  
Pursuant to the Article 46 of the Customs Code, decisions, actions (failure to act) of the customs 
bodies or their officials can be appealed against in the customs authorities, the prosecutor's office 
and/or in the court.  
Appealing against the decision (failure to act) of th e customs bodies or their officials in the customs 
authorities does not exclude simultaneous or succ eeding submission of a complaint with similar 
content to the prosecutor's office or to the court.   Appealing against decisions (failure to act) of 
customs bodies or their officials submitted to the cu stoms authorities, to the prosecutor's office or the 
court, shall be considered by the same bodies.  
Procedure of submission, consideration and addressi ng complaints received by the prosecutor's office 
and courts shall be defined by the legi slation of the Republic of Tajikistan.  
Procedure of submission, consideration and addressi ng of complaints on the decisions, actions (failure 
to act) of the customs bodies submitted to the custom s authorities shall be established pursuant to the 
Chapter 7 of the Customs Code and shall be applie d in the case of appealing against any decisions, 
actions (failure to act) of the customs bodies or offi cials, except for the resolutions of the customs 
bodies (officials of the customs bodies) on administrative violations.   WT/ACC/TJK/15 
 Page 17 
 
 
  Complaints on the decisions, actions (failure to act) of the customs bodies are submitted to the parent 
organization of the customs body.  
Complaints on the decisions, actions (failure to act ) of the customs official are submitted to the 
customs body where this person works (is the acting civil servant); and complaints on the decisions, 
actions (failure to act) of the heads of customs bodi es are submitted to the parent customs authorities.  
Complaints on the decisions, actions (failure to act ) of the customs bodies and their officials can be 
lodged both directly to the superior customs body and through the customs body, whose decision, action (failure to act) or the head's decision, action (failure to act) is appealed against.  
The customs body that received a complaint on its own or its head's decision, action (failure to act)  
shall send the complaint to the superior customs au thority along with the confirming materials within 
five days since the receipt.  
When a customs body that received a complaint on cust oms or its official's decision, action (failure to 
act) is not authorized to consider such a complaint,  it is obliged to send it within five days to the 
customs authority that has to consider it in accord ance with this article, with a written notice to the 
person, who lodged a complaint.  
A complaint on the decision, action (failure to act) of the customs body or its official can be lodged 
within one month, and in case of appealing agains t the decision of imposing administrative sanction - 
within ten days.  
A complaint on the decision, action (failure to act) of the customs body or its official must be 
considered by the customs body within one month sin ce its receipt, and within up to fifteen days in 
cases that do not require additiona l analysis and verification.  
When consideration of complaints requires special inspection, discovery of additional materials or 
other measures, terms for addressing complaints ca n be extended by the head of the customs body 
addressing the complaint for up to one month with a written notice to the applicant indicating the reasons for extension of the term.  The total term for addressing complaints cannot exceed two 
months. 
Question 53 
We recognize that the WTO Agreement, after rati fication, "would become part of the domestic 
legislation and WTO provisions would be enforceab le in the Economic Courts", as stated in 
paragraph 55 of JOB(05)/55/Rev.1.  We would note, however, that such direct effect is no substitute for the proper implementing legislat ion and regulations that will be necessary to 
translate WTO obligations into detailed operating  guidelines needed to provide traders with the 
necessary degree of certainty and predictability to take advantage of Tajikistan's accession to 
the WTO.  We look forward to working with Taji kistan in the drafting and implementation of 
such legislation and regulations. 
With respect to parties' rights to pursue arbi tration of their dispute instead of domestic 
adjudication, described in paragraph 56 of JOB(05) /55/Rev.1, does this right apply to disputes 
between foreign investors and domestic entities as well?   
Answer:
 
Pursuant to the Article 22 of the new Law "O n Investments", No. 260 of 12 May 2007, foreign 
investors and domestic subjects can pursue arbitration  of disputes: WT/ACC/TJK/15 
Page 18 
 
 
  - Investment disputes between the participants of  the investment operations shall be allowed in 
accordance with the terms stipulated in the agre ements between the parties.  In the case of 
absence of such agreements, investment disp utes between the parties of the investment 
operations are resolved, to the extent possible, through negotiations of the parties; and 
- When it is impossible to resolve investment disputes based on the signed agreements, disputes 
are resolved in the courts of the Republic of Tajikistan, as well as in the international 
arbitration court, pursuant to the legisl ative acts of the Republic of Tajikistan and 
international legal acts. 
Question 54 
On what grounds, if any, may an arbitral decision not be enforced by courts in Tajikistan? Answer:
 
Pursuant to the Article 223 of the Code on Economic  Court Proceedings, the Economic Court declines 
recognition and execution of the whole or a part of the foreign arbitration award, when the award of 
the foreign arbitration court contradicts the public  policy of the Republic of Tajikistan, or on the 
grounds envisaged by the internati onal act recognized by Tajikistan. 
Question 55 Does Tajikistan plan to adopt the New York Conv ention on the Recognition and Enforcement of 
Foreign Arbitral Awards? 
Answer:
 
Yes, Tajikistan plans to adopt the New York C onvention on the Recognition and Enforcement of 
Foreign Arbitral Awards. 
Question 56 
Regarding the response to Question 10 of WT/ACC/TJ K/13, we note that transparency is a core 
principle of the WTO, and that Article X of the GATT establishes minimum standards for the 
publication and administration of legislation affecting international trade.   
How does the legislature determine what constitu tes "important draft normative-legal acts"? 
Answer:  
Pursuant to the Law of the Republic of Tajikistan "On Normative Legal Acts", the major drafts of 
normative legal acts are the normative legal acts regula ting the issues of the public and social life.  
However, it is necessary to note that publication of important normative legal acts refers to the drafts.  
Provisions on the publication of laws and regulati ons in full compliance with the Article X of 
the GATT are stipulated in the Article 53 of the Law of the Republic of Tajikistan "On Normative 
Legal Acts": constitutional laws, generally bind ing laws and normative legal acts, as well as 
international legal acts recognized by the Republic of Tajikistan are published in the open official 
publications (except for the acts containing State and other legally protected confidential information) 
and become effective given their placement in these publications.  Normative legal acts related to the 
rights, freedoms and duties of persons and citizens shall not apply if they are not officially published.  WT/ACC/TJK/15 
 Page 19 
 
 
  Question 57 
How does Tajikistan plan to bring its system fo r publishing laws, regulations, decrees, etc. into 
conformity with Article X of the GATT? 
Answer:  
Pursuant to the Article 54 of the Law of the Republ ic of Tajikistan "On the Normative Legal Acts of 
the Republic of Tajikistan" No. 54 of 8 December 2003: 
- The Laws of the Republic of Tajikistan shall be published in the news paper "Jumhuriyat", as 
well as in the "Code of Laws of the Republic of Tajikistan" and in the "Ahbori Majlisi Oli of 
the Republic of Tajikistan" within 15 days afte r the signature of the President of the Republic 
of Tajikistan in the official language of the country; 
- The Laws of the Republic of Tajikistan sha ll be published in the "Code of Laws of the 
Republic of Tajikistan" and "Ah bori Majlisi Oli of the Republic of Tajikistan" in the official 
language of the country and in Russian; publicatio n in official language shall be considered 
official publication; and 
- Laws of the Republic of Tajikistan become e ffective after their official publication in the 
newspaper "Jumhuriyat", or in the "Code of La ws of the Republic of Tajikistan" or in the 
"Ahbori Majlisi Oli of the Republic of Tajikistan".  
Question 58 
Any legislative programme or plans to change the regulatory regime.  Among the legislation 
listed on Question 14 of WT/ACC/TJK/13, it appears that the Working Party has not received 
copies of the following legislation: 
- Law "On Regulation of Foreign Exchange and Foreign Exchange Control"; 
- Excerpts from the Criminal Code (Article 80, portions relevant to enforcement of IPR 
violations and amendments No. 35); 
- Regulation "On the Procedure to Implem ent Hard Currency Control on Exchange 
Earnings in Tajikistan Coming from the Export of Merchandise"; 
- Regulation(s) Implementing the New Customs Code; and - Decree No. 62 (20 February 1998). 
Please provide a translation of these laws and regulations to the Working Party.  
Answer:
 
Pursuant to the Plan of the Government of the Re public of Tajikistan, the Law of the Republic of 
Tajikistan "On Currency Regulation and Foreign Exchange Control" No. 498 of 4 November 1995 
must be replaced by the new Law on Currency Regula tion Currency Control, which is to be adopted 
in 2008.  After the adoption, the new law in English will be submitted to the WTO.  
Provisions of the Criminal Code of the Republic of Tajikistan regarding the violation of rights 
indicated in this Article are available fo r consultation (WT/ACC/TJK/15/Add.1 refers). 
Regulations "On the Procedure of Implementing Fore ign Exchange Control over the Flow of Proceeds 
from the Export of Goods to Tajikistan" were pr ovided to the Working Party in the document 
WT/ACC/TJK/13/Add.1.  
On the normative acts to implement the Customs C ode, please see the answer to the Question 113.  WT/ACC/TJK/15 
Page 20 
 
 
  Decree No. 62 of 20 February 1998 does not exist.  A pparently there is a typing error in the number or 
the date of the normative act. 
Question 59 
Of the nine laws listed in the Legislative Action Plan (WT/ACC/TJK/7/Rev.2) as having been 
passed since the second Working Party (i.e., since April 2005), Tajikistan has provided only two.   
Please provide translations of the following pieces of legislation to the Working Party: 
- Resolution of the Government "On Setti ng Up Excise Taxes on Selected Goods 
Originated in the Republic of Tajikistan and Imported Into the Territory of the Republic of Tajikistan; 
- Resolution "On joining the Rome Conv ention on Interest Protection of Singers-
Performers, Phonogram Producers a nd Casting Organisations, 1961"; 
- Law "On Amendments to the Law of the Republic of Tajikistan on Veterinary"; - Amendments to the Law "On Banks and Banking Activity in the Republic of 
Tajikistan"; 
- Law of the Republic of Tajikistan "On Am endments to the Law of the Republic of 
Tajikistan on Copyright and Related rights"; 
- New Law of the Republic of Tajikistan "On Auditing Activity"; and - Law of the Republic of Tajikistan "On Geodesy and Cartography". 
Answer:
 
The indicated legislative acts will be provided to the Working Party as soon as the translation is ready. 
Question 60 Finally, please provide the Working Party with translations of the following laws: - Law No. 3 of 24 February 2004, amending the Law "On Foreign Economic Activity" of 
27 December 1993; 
- Regulation No. 371 of 1 August 1994 (governing the importation of radio-electronic 
facilities and high-frequency devices); 
- Resolution No. 245 of 5 June 2002 (governing the importation and exportation of 
medicines and medical products); and 
- Instruction No. 142 of 11 October 2005 (concerning foreign exchange). 
Answer:
 
The indicated legislative acts will be provided to th e Working Party as soon as the translation is ready.  
Question 61 We thank Tajikistan for providing the Working Party with an updated Legislative Action Plan.  
However, we note that implementing regulations , decisions or by-laws, which typically provide 
the practical details for the operation of legislation, do not appear on the Plan.  Prior to the next Working Party, please amend the Legislative Action Plan to include information on the 
development of implementing regulations, decisions or by-laws, as appropriate.  WT/ACC/TJK/15 
 Page 21 
 
 
  Answer:  
Tajikistan has circulated a revised Legislative Ac tion Plan in document WT/ACC/TJK/7/Rev.3.  We 
are currently collecting the data on the by-laws and implementing regulati ons, and will be submitting 
it to the Working Party members in due course. 
IV. POLICIES AFFECTING TRADE IN GOODS - Trading Rights Question 62 Please describe in detail the steps for registeri ng to do business in Tajikistan, including the 
process for obtaining an Individual Taxpayer Number, and any other steps necessary to be 
importer or exporter of record.  Tajikistan's ref erence to the relevant provisions in Tajikistan's 
laws, as provided in Questions 19 and 21 of WT/ACC/TJK/13, is not a sufficient explanation.   
What documents are required in the registration process? 
Answer:
 
In accordance with the Article 9 of the Law of the Republic of Tajikistan "On the State Registration of 
Legal Entities", for the State registration of a legal entity the following documents shall be attached to 
the application for submission to the registration body: 
- Constituent documents of a legal entity; 
- Decision of the founder on the establishment of  a legal entity.  When several persons are 
founders of a legal entity, such decisions are take n at the general meeti ng of shareholders and 
the registering body receives the minutes of the general meeting of shar eholders, which cover 
the following issues: 
 - Decision on the establishment; 
 - Decision on the approval of incorporation documents; and 
 - Decision on the appointment of the head of the executive body of the legal entity. 
- Extract from the single register on the State re gistration, when the founder (founders) of the 
legal entity is another legal entity; 
- Information on the physical persons, if a physical person(s) is (are) founders; 
- Documents confirming the legal address and location, provided by the authorized State body; - Documents on the development of the authorized  capital in cases stipulated by the legislation 
of the Republic of Tajikistan; and 
- A receipt or a copy of the payment order to pay the State duty. 
An application and documents indicated in the first and second paragraphs of the part 1 of this Article 
are signed by the founder (founders) or his (their) au thorized representative(s), if the representative is 
a physical person, if the founder (founders) is (are ) a legal entity, then the above documents are signed 
by the head and sealed.  The indicated documents are provided in two copies, one of which after the State registration of a legal entity is certified by th e relevant registration body and is submitted to the 
applicant along with the certificate on the State registration.  
The founder (founders) should approach the registra tion body for the State registration of a legal 
entity within one month from the adoption of articles of incorporation.  WT/ACC/TJK/15 
Page 22 
 
 
  The State registration of a legal entity is made by th e registration body within 10 days from the date of 
submission of these documents, unless other term is envisaged by the legislation of the Republic of 
Tajikistan.  
Within 10 days from the State registration of a lega l entity, the registration body shall notify the State 
statistical bodies and tax agencies at the location of the legal entity on the registration.  
To receive a Individual Tax Payer Number, the follo wing documents are required: applications for the 
registration of a physical and/or legal person; copies of verified State registration certificate, 
incorporation and other documents confirming the establishment of a legal entity in accordance with 
the legislation of the Republic of Tajikistan.  Along with submission of the application for 
registration, physical persons submit their passpor ts to confirm the personality of the taxpayer. 
Question 63 
What is the cost of registration? 
Answer:  
Pursuant to the Article 4 of the Law of the Republ ic of Tajikistan "On the State Duty", legal entities 
shall pay State duty for their registration as follo ws: commercial organizations regardless of the 
ownership form - the equivalent of fifteen fold of established Minimal Salary (on minimal salary 
please refer to Question 71 below); commercial organiza tions with foreign investment - the equivalent 
of fifty fold Minimal Salary.  Minimal Salary currently established at Somoni 60.00 or US$17.6.  
Question 64 
Is registration automatic? 
Answer:  
State registration of a legal entity is not automatic , as the State registration of legal entities in the 
territory of the Republic of Tajikistan is made with the following purposes: 
- Confirming the fact of establishment, reor ganization and liquidation of a legal entity; 
- Compliance of the incorporation documents of the legal entity under establishment, 
reorganization or liquidation in the territory of the Republic of Tajikistan, in accordance with 
the legislation of the Republic of Tajikistan; 
- Introducing a single State register of legal entities; and - Providing information on the legal entity unde r establishment, reorganization and liquidation 
based on the legal procedures. 
Question 65 
Does registration require an investment in Tajikistan? Answer:
 
Investment is not a compulsory requirement for the registration.  The company subject to registration 
should however contribute to the minimal required st atutory fund according to the legislation of the 
Republic of Tajikistan.   WT/ACC/TJK/15 
 Page 23 
 
 
  Question 66 
Are enterprises with foreign participation trea ted differently than domestic enterprises? 
Answer:  
No distinction is made in the legislation of the Republic of Tajikistan between domestic and foreign 
investors. 
Question 67 
Regarding the process for registering as a cust oms broker, discussed generally in response to 
Questions 24 and 25 of WT/ACC/TJK/13, please provide a full description of the process, rather than only a reference to the relevant provisions of the Customs Code. 
Answer:
 
Persons operating in the area of customs issues are included in the register for free.  Terms for inclusion of legal entities in the indicated  register are set by the Customs Code of the 
Republic of Tajikistan and can be amended only th rough introducing additions  and/or changes.  
Legal entities should approach customs bodies assigned by  the authorized agency in charge of the 
customs issues with a written application for the registration in the Register of customs brokers.  
Applications should contain informa tion required for the inclusion in the register.  Certified originals 
or copies of documents shall be provided to confirm data indicated in the application (certified by the 
applicant, the body that issued documents, or notarized).  
Decision on registration should be taken by the cust oms body within 15 days from the receipt of the 
application by the customs body.  
Decision on registration of the applicant in the Regist er of Customs Brokers is officially confirmed by 
the certificate of registration.  Relevant activities can  be performed by the applicant from the date of 
such a decision until the publication of a new regist er pursuant to the Article 18 of the Customs Code 
of the Republic of Tajikistan.  
In the case of failure to meet the terms for regist ration, the customs body shall issue a decision to 
decline registration.  Such a decision in writing is  communicated to the applicant immediately after 
the decision. 
Question 68 
According to Table 5 and paragraphs 61-62 of JO B(05)/55/Rev.1, an activity licence is required 
to import medicines and medical products as we ll as ethyl alcohol and alcoholic beverages.  
Such activity licenses are often inconsistent with the establishment of trading rights. 
Please describe the steps required to obtain an activity licence. Answer:
 
Please note that the Regulations "On the Peculiarities of Licensing Certain Types of Activities" 
No. 337 of 1 September 2005 was replaced by the revised Regulations "On the Peculiarities of 
Licensing Certain Types of Activities" No. 172 of 3 April 2007.  WT/ACC/TJK/15 
Page 24 
 
 
  As licenses for implementation of various types of  activities are issued by different State bodies, the 
procedures of obtaining licenses are different a nd are regulated by the Regulations "On the 
Peculiarities of Licensing Certain Types of Activities" No. 172 of 3 April 2007.  
For instance, to receive a licence for pharmac eutical activities, the following is required: 
- State registration of a competitor licensee as a legal entity; 
- Registration of the competitor licensee in the tax authorities; - Training and recruitment of required experts; - Preparation of facilities and equipment for the en gagement in specific types of pharmaceutical 
operations; and 
- Preparation and submission of the package of documents required for pharmaceutical 
activities to the licensing commission in accordance  with the requirements of the Resolution 
of the Government of the Republic of Tajikistan No. 172 of 3 April 2007. 
Question 69 
Please explain how that process differs from the process to obtain an import licence. 
Answer:
 
There is no separate procedure for licensing of e xport and import.  Activity licenses entitle entities for 
engagement in import and export activities.  
In addition, the process of obtaining permits fo r import of pharmaceuticals and medicinal goods is 
regulated by the Resolution of the Government of the Republic of Tajikistan No. 245 of 5 June 2002 
"On the Approval of the Procedure of Import and Export of pharmaceuticals and medicinal goods in 
the Republic of Tajikistan". 
Question 70 
Please identify the legal instruments that set  out requirements for those activity licenses 
required in order to import/export, and provide English translations of those legal instruments 
for Working Party review. 
Answer:  
The main legal instruments setting requirements fo r obtaining licenses are the Law of the Republic of 
Tajikistan "On Licensing Certain Types of Activiti es" No. 37 of 17 May 2004 and the Regulations 
"On the Peculiarities of Licensing Certain Types of  Activities" (revised) approved by the Resolution 
of the Government of the Republic of Tajikistan No. 172 of 3 April 2007.  
The draft Law of the Republic of Tajikistan "On Licensing Certain Types of Activities" was 
submitted to the WTO Secretariat.  The text of the revised Regulations "On the Peculiarities of 
Licensing Certain Types of Activities" will be prov ided to the WTO Secret ariat as soon as it is 
translated into English. 
Question 71 
Also regarding Table 5 of JOB(05)/55/Rev.1, please describe how the "minimal wage" is 
calculated.  WT/ACC/TJK/15 
 Page 25 
 
 
  Answer:  
Pursuant to the Article 103 of the Labor Code of the Republic of Tajikistan of 15 May 1997, the 
minimal salary - defined by State minimal compul sory amount of cash allowances to the employers 
by the employees within one month for the work under normal conditions subject to observation of 
business hours and fulfilment of the set terms of reference set by this Code.  
The size of the minimal salary shall be set by the President of the Republic of Tajikistan.  Minimal salary shall be the basis for setting levels of  State defined remuneration rates in the territory 
of the Republic of Tajikistan.  
Minimal size of remuneration does not include ex tra payments, markups, incentive payments, as well 
as the premium payments in the case of overtime work. 
Question 72 
From the explanation in paragraph 62 of  JOB(05)/55/Rev.1 and Question 48 of 
WT/ACC/TJK/13, it appears that the goods are not subject to licensure, but rather the act of importing or exporting is subject to licensure.  To obtain such a licence, the manufacturer and 
the good must be registered in Tajikistan.  Furthermore, from Tajikistan's response to 
Question 42 of WT/ACC/TJK/11, in which it ex plains that "an importer of medicine and 
medical goods should not necessarily have to obtain a licence for engaging in pharmaceutical 
activity," it appears that the importer need not be a manufacturer.  
Please confirm our understanding that an import er or exporter is not required to engage in 
other activities (e.g., manufacturing or distributio n) in order to obtain a licence to import or 
export medicines or medical products. 
Answer:
 
The importer must obtain a licence for production and/or distribution to receive entitlement for the 
import and export of pharmaceuticals and medicinal goods. 
Question 73 
What is the legal basis for requiring an import  licence for medicines and medical products?  
Regulation No. 337 and Law No. 37 appear to apply only to the import of narcotic and psychotropic substances or to the trade of me dical products.  There is a distinction between 
importing and trading (i.e., distribution in the market). 
Answer:
 
The legal framework for licensing for the import of pharmaceuticals and medicinal goods is the Law 
of the Republic of Tajikistan "On Licensing Certain Types of Activities" No. 37 of 17 May 2004, the 
Regulations "On the Peculiarities of Licensing Certain Types of Activities" (revised) No. 172 of 3 April 2007 and the Resolution of the Government of the Republic of Tajikistan "On the Approval of 
the Procedure of Importing and Exporting Pharmaceu ticals and Medicinal Goods in the Republic of 
Tajikistan" No. 245 of 5 June 2002.  Trade involves both distribution and import. 
Question 74 What is entailed in the process of registering the manufacturer? WT/ACC/TJK/15 
Page 26 
 
 
  Answer:  
Registration process means registration at the Minist ry of Health of pharmaceutical producers and 
drugs. 
Question 75 
Can a foreign manufacturer register in Tajikistan? Answer:
 
Yes, foreign producers can register in Tajikistan. 
Question 76 
Does registration require an investment in Tajikistan? 
Answer:  
Registration does not require investing in Tajikistan,  apart from contributing to the charter capital of 
the enterprise.  See also answer to Question 74. 
Question 77 
What is entailed in the process of registering the good? 
Answer:  
Registration of pharmaceuticals is an element of the system of State regulation of the pharmaceuticals 
market based on the parameters of  effectiveness, safety, quality.  
Importers of producers of pharmaceuticals must provide  the Ministry of Health of the Republic of 
Tajikistan samples of pharmaceuticals for expertise.  The Annex IV contains the List of documents 
required for the expertise of reproduced (generics)  and licensed pharmaceuticals, including vaccines, 
anti-A serum and veterinary preparations. 
Question 78 
What are the "supporting documents" to be subm itted with the application for a licence to 
import or export medicines and medical products? 
Answer:  
Pursuant to the paragraph 7 of the Resolution of  the Government of the Republic of Tajikistan 
No. 245 of 5 June 2002, an applicant must subm it a copy of a licence for pharmaceutical activities 
(for wholesale sales or manufacturing of pharmaceuticals and medicinal goods), certificates of quality of pharmaceuticals and medicinal goods, purchase/sale contracts, and consignment notes in order to 
receive a permit for import and export of pha rmaceuticals, medicinal goods and crude drugs. 
Question 79 
What is the "certificate of quality", referenced in paragraph 62 of JOB(05)/55/Rev.1, required 
for the import or export of medicines and medi cal products?  Quality standards should be a 
contractual matter between the buyer and the sell er, not mandatory.  By contrast, a technical  WT/ACC/TJK/15 
 Page 27 
 
 
  regulation must fulfil a legitimate objective, such as protection of the health, safety or life of 
plants, animals or humans.   
Answer:  
Pursuant to the paragraph 16 of the Article 3 of the Law of the Republic of Tajikistan "On 
Pharmaceuticals and Pharmaceuti cal Activities" No. 39 of 6 August 2001, "certificate of quality of 
pharmaceuticals" means a document cer tifying conformity of the pharma ceuticals' quality to the State 
standard of pharmaceuticals' quality.  
Currently the Government of the Republic of Tajikis tan is reforming the technical regulations system 
that comprises adaptation and adoption of the new law on technical regulation.  The new law 
envisages technical regulation for the purpose of protec ting health, safety or life of plants, animals or 
people, and the quality of products will be determined on voluntary basis. 
Question 80 
Can foreign individuals and firms located outsid e Tajikistan, with no commercial presence in 
Tajikistan, be importers/exporters of record?   Th at is, could a foreign individual or firm retain 
custody of its product imported into Tajikistan , and be responsible for completing all customs 
formalities, until the goods are transferred to the purchaser or distributor? 
Answer:  
Foreign individuals and legal entities must register  commercial presence in order to import goods to 
the territory of the Republic of Tajikistan.  I nvestment is not mandatory for the registration of 
commercial presence.  See answers to Questions 62-66 on registration procedures. 
Question 81 We welcome Tajikistan's response to Question 13 of WT/ACC/TJK/14 in which it notes that 
"any legal or natural person, do mestic or foreign, has the unrestricted right to be the importer 
or exporter of record and, in the case of an importer, has the unrestricted right to sell the 
imported goods to any legal or natural person wi th the right to distribute them".  However, 
paragraph 59 in the revised Fact ual Summary (JOB(05)/55/Rev.1) notes that full trading rights 
only exist for natural persons " registering for business in Tajikistan".  This would appear to 
make the right of importer of record contingent on  commercial presence in Tajikistan.  We ask 
that Tajikistan clarify: 
- The rights of foreign enterprises without "busin ess" in Tajikistan to also be an importer 
of record; and 
- What is defined as "business" when "registering for business" in Tajikistan? 
Answer:
 
For foreign physical and legal persons to import goods  to the territory of the Republic of Tajikistan, 
commercial presence should be registered.  There is no need in mandatory investment for the 
registration of commercial presence.  Registration of  a business means registration of a legal person 
and does not assume mandatory business operation.   Registered business can limit its own activity to 
only importing.  WT/ACC/TJK/15 
Page 28 
 
 
  A. IMPORT REGULATIONS 
- Ordinary customs duties Question 82 Regarding Resolution No. 450 "On Customs Ta riff", providing for specific duties, this 
resolution does not appear to have been provided to the Working Party in 
WT/ACC/TJK/3/Add.1.  Please provide a translation of this resolution to the Working Party.  
Answer:
 
The text of the Resolution No. 450 "On Customs Tariffs" of 25 October 2003 was provided to the 
WTO Secretariat, and a notification was disseminated by the WTO Secretariat in the document 
WT/ACC/TJK/3/Add.1. 
Question 83 
Regarding the response to Question 8 of WT/ACC /TJK/14, please provide examples of products 
for which seasonal tariffs are likely to be applied under Article 343 of the Customs code.  
Answer:  
Currently the list of goods subject to seasonal duties has not been defined yet. Question 84 Regarding Tajikistan's seasonal duties, discussed  in Question 22 of WT/ACC/TJK/3/Add.1, will 
Tajikistan bind its seasonal agricultural duties?   
Answer:
 
This issue will be discussed during the bilateral negotiations on the access of goods to the market. 
Question 85 We welcome Tajikistan's indication in its response to Question 15, that despite the use of 
different tariff headings based on geographical na mes, it intends not to discriminate among like 
products in application of its bound rates of duty.  If that is the case, we would then request that Tajikistan simply bind its tariffs at the HS six-di git level, as there would be no justification or 
need for splitting bound rates below the six-digit level according to some notion of geographical 
origin. 
Answer:
 
Tajikistan is ready to discuss these issues in the context of bilateral negotiations. 
- Other duties and charges 
Question 86 
We appreciate Tajikistan's response to Question 21 of WT/ACC/TJK/14 concerning other 
duties and charges.  The response provides inform ation on fees that are covered by Article VIII 
of the GATT 1994 (i.e. concern a particular service that has been provided), seasonal duties (in  WT/ACC/TJK/15 
 Page 29 
 
 
  the sense of ordinary customs duties) and special duties related to trade remedies.  We seek 
information on the other residual subset of fees - which is captured by Article II:1(b) of the GATT 1994 - otherwise known as ODCs, which are additional charges or taxes applied on imports in excess of ordinary customs duties (eg stamp tax or fiscal tax).  We presume from 
Tajikistan's response that it does not apply su ch fees and will be accept the standard zero 
binding of ODCs in the Working Party report. 
Answer:
 
Except for customs duties, Tajikistan does not apply any ODCs which is captured by Article II:1(b) of 
the GATT 1994.  
Question 87 We seek greater information on the nature of "Sta te duties" referred to in paragraph 75 of the 
revised Factual Summary.  Tajikist an has noted that it does not apply such duties "specifically" 
to customs documents, applications for import or export licenses, or for any other import or 
export related activity.  We would like clarificat ion as to exactly what such "State duties" are 
applied to. 
Answer:
 
Pursuant to the Article 1 of the Law of the Republic of Tajikistan "On the State Duty" of 
28 February 2004, State duty is the mandatory paymen t charged for the performance of legal actions 
or for the issue of documents by authorized bodies of the Republic of Tajikistan.  
State duty payers are physical and legal persons approaching authorized bodies charging the State 
duty for the performance of legal acti ons or for the issue of documents. 
Authorized bodies charging the St ate duty are the bodies, which, in accordance with the Law "On the 
State Duty" and other laws and normative legal acts of the Republic of Tajikistan, charge the State 
duty.  
Pursuant to the Article 3 of this Law, the State duty shall be charged: 
- From claims, applications (complaints, appeal s, cassation, supervisory protests) submitted to 
the courts of the Republic of Tajikistan; 
- For the performance of legal actions by the Ministry of Justice bodies; - For the performance of notary actions in accordan ce with the legislation of the Republic of 
Tajikistan; 
- For the State registration of the acts of civil status (marriage and divorce) in accordance with 
the legislation of the Republic of Tajikistan; 
- For the consideration and issue of documents re lated to the acquisition of citizenship of the 
Republic of Tajikistan or for the withdrawal fro m citizenship of the Republic of Tajikistan; 
and 
- For the performance of other legal actions defined by this Law. WT/ACC/TJK/15 
Page 30 
 
 
  - Tariff rate quotas, tariff exemptions 
Question 88 Concerning the products exempt from customs duties under Article 345 of the Customs Code, 
described in Question 19 of WT/ACC/TJK/14, please describe how the list of "goods for 
construction of especially important objects" is determined.   
Answer:
 
The list of goods for construction of especially impor tant objects of the Republic of Tajikistan is 
determined by the Client and the General Contract or for the construction of especially important 
objects of the Republic of Tajikistan and to be approved by a special Resolution of the Government of 
the Republic of Tajikistan in accordance with the pa ragraph 7, Article 345 of the Customs Code of the 
Republic of Tajikistan and the s ub-paragraph 7, paragraph 4, Ar ticle 211 of the Tax Code of 
Tajikistan. 
Question 89 
What are "especially important objects"?   
Answer:  
Objects considered important from the economic point of view for the social and economic 
development of the Republic of Tajikistan. 
Question 90 
In developing this list, does the Government of Tajikistan discriminate against imports or 
products produced domestically by foreign-owned firms? 
Answer:  
In developing this list, the Government does not discriminate against imports or products produced 
domestically by foreign-owned firms. 
- Fees and charges for services rendered 
Question 91 
Regarding Article 347 of the Customs Code of  the Republic of Tajikistan, what is the 
justification for customs fees levied for 1) cu stoms escort and 2) issue of a qualification 
certificate of a customs clearance specialist. 
Answer:  
Pursuant to the Article 87 of the Customs Code, cust oms escort applies in certain cases, for instance in 
the case of failure to use or provide other financia l guarantees, or based on th e risks that, according to 
the analysis, are defined as high level risks.  The customs service adopted a new procedure of internal 
customs transit based on the instruction on the rules to  apply procedures of internal customs transit in 
transportation of goods by vehicles and railway tran sport, which envisage gra dual abolishment of the 
customs escort as a form of cargo delivery control, as the customs infrastructure and computerization 
develop.  In accordance with the above instructi on, customs escort does not apply when the following  WT/ACC/TJK/15 
 Page 31 
 
 
  guarantees for delivery of goods and transport mean s are in place: cash deposits, bank guarantees, 
pledged goods; or when goods are transported by vehicles with TIR carnets or when goods are 
transported by railway.  
Reimbursement of customs bodies' costs for transpor tation, salary and per diem justify customs duties 
charged for the customs escort.  
Monthly courses in the Advanced Training Institute under the Customs Service of the Government of 
the Republic of Tajikistan and the qualification certifi cation exam are the justification for the customs 
fees charged for the qualification certificate. 
Question 92 
Regarding paragraph 75 of JOB(05)/55/Rev.1, we note that Tajikistan has removed its 
ad valorem  fee for customs clearance.  However, Tabl e 6 (new fees and charges) highlights that 
the clearance fee rises significantly according to th e value of the item cleared.  Hence, there is no 
clear relationship between the size of the fee a nd the cost of the service rendered.  For example, 
a small item of jewelry may be imported at a value of $100,000 but involve minimal cost for customs clearance, compared with a $5,000 truck load of basic food products which might be 
expected to involve greater administration costs.  The fee, however, for clearance of the jewelry 
would be US900.00, compared with clearance of the foodstuffs at a cost of US10.00.  We seek a 
justification from Tajikistan as to the basis of  its new fee structure and how this accords with 
the principle of Article VIII that such fees reflect the cost of service rendered. 
Answer:
 
The current scheme used by Tajikistan for charging fees for the customs clearance is similar with the 
fee structure applied by some countri es with minimum and maximum rates and ad valorem rates in 
between. 
Question 93 
Paragraph 75, page 19:  We are advised in the Factual Summary that an ad valorem  fee of 
.015 per cent of the customs value for the custom s clearance of goods had been replaced by a 
customs clearance charge (fee).  
However, according to Table 6 on page 20, there still appears to be a close relationship between 
the revised customs clearance fees and the custom s value of goods and transportation means.  
Could Tajikistan please explain why the cost of  services provided by its customs for clearance 
procedures should continue to be related prop ortionately to the customs value of goods and 
transportation means? 
Answer:  
The current scheme used in Tajikistan on the fee for the customs clearance is similar to the structure 
of fees applied by some countries with minimal and maximal rates and ad valorem  rates in between. 
- Application of internal taxes to imports 
Question 94 As noted in Question 62 of WT/ACC/TJK/13, the application of VAT to imports of cotton and 
cotton fibre appears to violate the national  treatment requirement of Article III.   WT/ACC/TJK/15 
Page 32 
 
 
  Please update the Working Party on Tajikist an's plans to eliminate these taxes.  
Regarding Tajikistan's responses to Question 63 of WT/ACC/TJK/13 and Question 30 of 
WT/ACC/TJK/14, before we can consider a transition period, we must have a detailed plan for the elimination of these discriminatory taxes.   
Please provide the Working Party with a detailed plan, including a schedule, for their 
elimination.   
Regarding the response to Question 30 of WT/ACC/ TJK/14, Tajikistan does not appear to have 
answered the main question.  
Please explain why imports of primary aluminiu m, raw cotton and cotton fibre are subject to 
VAT.  In addition, please describe any plans to eliminate this practice.  
Answer:
 
Sales tax applies only to cotton fibre and primary aluminium. In January 2008, the Government of the Republic of Tajikistan approved the plan of actions on 
implementation of instruct ions of the President of the Republic of Tajikistan based on the results of 
the meeting with the domestic entrepreneurs.  Accord ing to this plan, ministries and departments are 
instructed to develop specific proposals to simp lify export and import procedures, amend relevant 
articles of the Tax Code of the Republic of Tajikis tan, including replacement of the sales tax with 
the VAT. 
Question 95 
We note Tajikistan's statement in paragraph 83 that it would need a transition period to adjust 
its existing domestic legislation on internal tax es.  The key change required to ensure conformity 
with Article III:2 of the GATT1994 is to simply begin to subject domestic primary aluminum, 
raw cotton and cotton fibre to the existing VAT (as is the case with  imported goods).  We do not 
envisage this requiring extensive time, and can be  achieved prior to accession given the pace of 
the negotiations. 
Answer:
 
In January 2008, the Government of the Republic of Tajikistan approved the Plan of Actions for 
implementation of instructions and orders of the President of the Republic of Tajikistan expressed as 
the result of the meeting with domestic entrepreneur s.  According to this Plan, in 2008 ministries and 
departments are instructed to develop specific proposals on the simplification of export and import procedures, amend relevant articles of the Tax Code of the Republic of Tajikistan, including 
replacement of the sales tax with the VAT. 
Question 96 
Paragraph 78, page 20:  It is stated that the tax base for imports was the customs value inclusive 
of import duties and other charges levied at the border. 
However, according to paragraph 70 on page 18, Tajikistan did not levy any other duties or 
charges within the meaning of Article II.1(b) of the GATT 1994.  Could Tajikistan, therefore, 
please provide further clarification of which duties or charges other than customs duties would 
be included in the tax base for imports?  WT/ACC/TJK/15 
 Page 33 
 
 
  Answer:  
The tax base for levying VAT for imported goods covers customs duties, excise tax and fees for 
provided services.   
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 97 
We continue to have serious concerns about the limits imposed on imports of ethyl alcohol and 
other alcohol products, described in Question 33 of WT/ACC/TJK/13.  Imports quotas are prohibited under Article XI of the GATT and Article 4 of the WTO Agreement on Agriculture.  Tajikistan relies on Article XX to justify its limit s on imports of ethyl alcohol; however, there is 
no evidence that Tajikistan limits domestic production of ethyl alcohol or other alcohol 
products.  Indeed, in paragraph 87 of the JO B(05)/55/Rev.1, the representative admitted that 
the purpose of the import restrictions was to protect the domestic producers.  The imposition of import restrictions in the absence of restrictio ns on domestic production could violate the 
national treatment provisions of the GATT.   
When SUE "Khurokvori" issues licenses for the pr oduction and import of alcohol products, 
does it establish a production ceiling for domest ic production of alcoholic products?   
Answer:
 
The SUE "Khurokvori" is no longer authorized to issue licenses for production and import of 
alcoholic products.  Licenses are issued by the Ministry of Energy and Industry of the Republic of Tajikistan.  Pursuant to the paragraph 3, Chapte r 9 of the Resolution of the Government of the 
Republic of Tajikistan No. 172 of 3 April 2007 "On A pproval of the Provisions on the Peculiarities of 
Licensing Certain Types of Activities" (revised), it is not allowed to decline issuing a licence based on 
the volume of products (works, services), pro duced (performed) or planned for production 
(performance) by the competitor licensee.  Accordingly, maximum production output is not set for 
domestic producers of alcoholic products for licensing. 
Question 98 If the purpose of the regulation of imported alcoholic products is for tax purposes (i.e., to ensure 
accurate collection of excise taxes on alcoholic products), has Tajikistan considered less trade 
restrictive measures to do so, such as automatic licenses that would track the volume of 
imports?    
Answer:
 
Import licensing applies with the purpose of protecting the population health. 
Question 99 
In response to Questions 38 and 39 of WT/ACC/T JK/13, Tajikistan has simply directed the 
Working Party to the Charter of the SUE "Khurokvori".  Please provide  a narrative description of the functions and procedures of the SUE "Khurokvori".   WT/ACC/TJK/15 
Page 34 
 
 
  Answer:  
Pursuant to the Decree of the President of the Republic of Tajikistan No. 9 of 30 November 2006, 
SUE "Khurokvori" was transferred under the supervisi on of the Ministry of Energy and Industry of 
the Republic of Tajikistan.  Currently, the SUE "K hurokvori" does not have an authority of issuing 
licenses for the circulation, including import of ethyl alcohol and alcoholic products. 
Question 100 
We appreciate the list of non-tariff measures a pplied to imports by Tajikistan, presented in 
Table 8 of JOB(05)/55/Rev.1.  Please explain the difference between the process to obtain a licence and that to obtain "prior authorization" to import (used in paragraph 88 of 
JOB(05)/55/Rev.1).   
Answer:
 
The Table 8 in JOB(05)/55/Rev.1 indicates the "decision of the Government", not a "prior 
authorization" falling under the definition of an import licence according to the WTO Agreement on 
import licensing. 
In order to receive a "Government permit", the applicant must approach a relevant 
ministry/department in charge of considering a pplications for obtaining a "Government permit" for 
the import of goods according to the Resolution of the Government of the Republic of Tajikistan 
No. 111 of 19 February 1997.  For example, for export, import, or transit of uranium, an application must be submitted to the Ministry of Industry, a nd for narcotic and psychotropic drugs, applications 
must be submitted to the Ministry of Health. 
Having received an application, relevant minist ry/department approaches the Government of the 
Republic of Tajikistan with a written request referring to the applicant's request for a permit to export, 
import, or transit goods according to the Resoluti on No. 111.  Then the Government considers the 
application and takes a relevant decision. 
Question 101 
Please provide the Working Party with an update as to the status of the Regulation "On the 
order of export and import of precious metals  and stones".  Please add this measure to the 
Legislative Action Plan.   
Answer:
 
Pursuant to the Resolution of the Government of  the Republic of Tajikistan No. 215 of 6 May 2006, 
"Procedures of purchase and sale, export and import of precious metals, precious stones and raw 
stock, goods containing  precious and nonferrous metals" were adopt ed.  This Resolution in English 
will be provided to the Working Party. 
Question 102 
Regarding the regulation of cryptographic equipment, discussed in paragraph 88 of 
JOB(05)/55/Rev.1 and Question 49 of WT/ACC/TJK /13, we find little solace in Tajikistan's 
promise that the licensing requirement does not apply to daily goods.     WT/ACC/TJK/15 
 Page 35 
 
 
  Answer:  
Licensing in this case applies for the protection of national security. 
Question 103 
Please provide the HS numbers of products subject to the licensing requirement for 
cryptographic equipment.   
Answer:  
Harmonized System Codes in the last line of th e Table 8 of the Factual Summary.  The codes are 
HS 8471; 8473; 8548. 
Question 104 
Please describe the registration requirements fo r obtaining an import licence to cryptographic 
equipment, and the length of time to obtain such a licence.  Tajikistan's reference to the 
applicable Regulation is non-responsive.  
Answer:  
Cryptographic equipment can be imported to the te rritory of the Republic of Tajikistan based on the 
Decision of the Government of the Republic of Tajikistan.  
Also, see answer to the Question 100. 
Question 105 
According to Annex II of WT/ACC/TJK/14, it appears that the only products subject to 
licensing requirements are narcotic and psycho tropic substances and precursors, alcohol and 
ethyl alcohol, and medical goods.  
Are these the only categories of products subject to import licenses? Answer:
 
Permits and Government decisions indicated in the Annex II of the Document WT/ACC/TJK/14 are 
per se import licenses in terms of the WTO agreement on Import Licensing Procedures. 
Question 106 
Please clarify what is meant by the terms "per mission" and "Government decision".  How are 
these types of measures different than licenses?  
Answer:  
A Government decision is a measure equivalent to import licensing.  The Government decision issued for production accord ing to the Resolution of the Government of the 
Republic of Tajikistan No. 111 of 19 February 1997 was introduced for the security purposes. WT/ACC/TJK/15 
Page 36 
 
 
  Question 107 
Please revise Annex II of WT/ACC/TJK/1 using tariff numbers, based on the 2002 
HS nomenclature. 
Answer:  
Annex II of WT/ACC/TJK/14 was provided in the Table 8 of the Factual Summary using the 
HS 2002. 
Question 108 
Will a publication or journal that comprehensive ly details import licensing procedures and 
regulations on relevant products be made available to all interested parties? 
Answer:  
Tajikistan will develop procedures of import licensing according to the WTO Agreement on Import 
Licensing Procedures, and the legislation will be published pursuant to the country's legislation. 
Question 109 
Will there be an opportunity for Members to make comments in writing when new import 
licence procedures and products are introduced? 
Answer:  
The Government will comply with the WTO Ag reement requirement on import licensing, in 
particular with the provisions of the Article 5 "Notifications". 
Question 110 
Can import licence applications be de nied for minor documentation errors?  
Additionally, can applications be refused due to  minor variations in value, quantity, or weight 
due to any minor differences consistent with normal commercial practice? 
Answer:  
Currently, in practice, Tajikistan does not decline a pplications due to minor errors in documents and 
small fluctuations in costs.  Moreover, such prac tice will be legally set when drafting new legislative 
acts on the import licensing procedures. 
Question 111 
We understand from Tajikistan's response in Question 26 of WT/ACC/TJK/14 that it does not 
apply a true quota system to importation of al coholic beverages - instead it suggests that it 
allows in the level of imports sought by a pproved importers without limitation (but provided 
they do not allow to go to illegal production).  If this is correct, can Tajikistan explain why 
importers need to submit annual production plan s, including import needs, as part of the 
process of obtaining an import licence?  Can Tajikistan also account for the statement in 
paragraph 87 that it had acknowledged that "the  import restrictions on alcoholic beverages  WT/ACC/TJK/15 
 Page 37 
 
 
  served to maintain a proportion of the market fo r domestic production"?  How is this possible 
without imposing some limitation on the level of imports of each producer? 
Answer:  
Practice of providing annual production plans has been terminated.  Existing restrictions on import of 
alcoholic products are temporary.  These are related to the existing restrictions in the transit of 
alcoholic products through the territory of some  neighboring countries.  Transit restrictions 
constraining export of alcoholic products negatively affected local producers of alcoholic products.  
Question 112 
Tajikistan notes in paragraph 91 that its import  licensing requirements were non-automatic.  Is 
this the case for all goods where licensing is a requirement for importation.  Can Tajikistan 
supplement Table 6 with information as to wh ich kind of licence is "automatic" or "non-
automatic"?  We seek a fuller justification as to  why non-automatic import licensing is required 
on both alcohol and medical goods, and further details of the criteria and process underpinning 
the process of application and receipt of such li censes (including an explanation for the grounds 
upon which an application can be rejected).  Th e preparation of the Questionnaire on Import 
Licensing would be useful. 
Answer:  
We assume that the reference is made to the Table 8. 
Code Description Type of Licence 
2939 Import of narcotic and 
psychotropic substances and 
precursors Non-automatic licence 
2203, 2204, 2205, 2206, 2207, 
2208 Import of alcoholic beverages and 
ethyl alcohol Non-automatic licence   
30 Import of medications Automatic licence 
 
Licence application is not denied in the case of automatic licenses. 
Denial is possible in issuing non-automatic license s, when the applicant does not comply with the 
required qualifications (for instance, relevant st orage facilities to keep alcoholic beverages).  
Tajikistan will prepare and provide the Working Party members with a questionnaire on import 
licensing after the terms of import licensing agreement are adopted in the national legislation.  See the 
updated Legislative Plan (WT/ACC/TJK/7/Rev.3).  
- Customs valuation 
Question 113 
Please provide the Working Party with an update as to the status of Tajikistan's regulations 
implementing the new Customs Code.   
Answer:  
The customs service under the Government of th e Republic of Tajikistan adopted the following 
documents on the customs value: WT/ACC/TJK/15 
Page 38 
 
 
  - Procedures of filling out forms customs value declaration; 
- Procedures of filling out forms for adjustment of customs value; - Samples of inputting information in the customs value declaration (forms CVD-1 and 
CVD-2) when applying various methods  of defining customs value; and 
- Decree to approve forms (CVD-1 and CVD-2) and adjust the customs value (ACV-1 and 
ACV-2). 
There is a plan to adopt the draft normative act, which will include Explanatory Notes according to 
the Annex 1 to the Agreement on the Customs Valuation.  
Question 114 
Tajikistan has not yet responded to the WTO Customs Valuation Questionnaire.  We believe 
that a response to the questionnaire will fac ilitate the Working Party's understanding of 
Tajikistan's valuation procedures.  When does Tajikistan expect to submit its WTO Customs 
Valuation Questionnaire?   
Answer:
 
Answers to the WTO Questionnaire on the customs va luation will be provided to the Working Party 
upon preparation. 
- Other customs formalities 
Question 115 Regarding the "certificate of compliance" issu ed by the Tajikgosstandart, mentioned in 
paragraph 102 of JOB(05)/55/Rev.1, please des cribe this certificate to the Working Party. 
Answer:
 
The reference to the "Certificate of Quality" in th e paragraph 102 of JOB(05)/55/ Rev.1 is incorrect,  It 
should have been "Certificate of Compliance".  
According to the Law of the Republic of Tajikis tan "On Certification of Products and Services" 
No. 313 of 13 December 1996, "Certificate of Complian ce" is a document issued based on all rules of 
certification systems to confirm compliance of the certified product with the requirements of 
normative documents.  
Certification is performed for the following purposes:  - To protect the interests of consumers, ensure safety of products for life, health and property, 
protection of environment, data level compatib ility and  similarity (interchangeability) of 
products; 
- Establishment of conditions for the activities of enterprises, institutions, organizations and 
entrepreneurs at the single commodity market of the Republic of Tajikistan, as well as for the 
participation in international economic, scien tific-technical cooperation and international 
trade; 
- Assistance to consumers in competent choi ce of products, confirmation of product quality 
indicators stated by the producers (sellers). 
Certification can be of compulsory and voluntary nature.   WT/ACC/TJK/15 
 Page 39 
 
 
  Question 116 
Must all imports and exports have this certificate? 
Answer:  
Not all imported goods are subject to mandatory certif ication of compliance.  A list of goods subject 
to mandatory certification exists.  It appl ies equally on both imports and domestic goods.  
Question 117 
What is the purpose of the certificate? 
Answer:  
The purpose of the certificate is confirmation of  the product compliance with the mandatory 
standards. 
Question 118 
Please describe the process for obtaining the certificate.  
Answer:  
Procedure of certifying food and other products import ed to the territory of the Republic of Tajikistan 
and exported from the country approved by the Resolution of the Government of the Republic of 
Tajikistan No. 97 of 16 March 1999 is available for consultation (WT/ACC/TJK/15/Add.1 refers). 
Question 119 
Is there a fee to obtain the certificate?  
Answer:  
Yes, a fee is charged for the issue of a certificate. Question 120 Does the Tajikgosstandart apply quality contro ls or technical standards in issuing this 
certificate?  
Answer:
 
No. Question 121 What is the legislative basis for this certificate?  
Answer:
 
The main legal basis for the certificate is the Law "On Certification of Products and Services" of 
13 December 1996.  WT/ACC/TJK/15 
Page 40 
 
 
  - Anti-dumping, countervailing duties and safeguard regimes 
Question 122 Please provide the Working Party with an update on the status of the laws on antidumping, 
countervailing duties and safeguards.  In additi on, please add these laws, and any implementing 
measures, to the Legislative Action Plan.  
Answer:
 
Draft laws on anti-dumping, countervailing duties and safeguard measures are under development. 
Question 123 
In paragraph 109 of JOB(05)/55/Rev.1, Tajikistan states that EAEC member-States are 
working to develop common mechanisms for the application of safeguard, anti-dumping and 
countervailing measures.  We appreciate Tajikist an's commitment that such mechanisms, once 
adopted, would be notified to the WTO.  Please explain whether these are the same laws that are 
in preparation, mentioned in paragraph 104 of JOB(05)/55/Rev.1.  If not, please provide the 
Working Party with translations of the EAEC measures. 
Answer:  
No, these are not the draft laws indicated in the paragraph 104 of JOB(05) /55/Rev.1.  Under the 
EurAsEC, on 17 February 2000, a Protocol was agre ed on the mechanism to adopt special safeguard, 
anti dumping and countervailing measures in trading be tween the EurAsEC member  states.  The text 
of this protocol will be provided to the WTO S ecretariat after it is translated into English.  
At the same time, please note that the Law "On Customs Tariffs" indicated in the paragraph 4 of 
JOB(05)/55/Rev.1 became inoperative due to the Law of the Republic of Tajikistan No. 66 of 
9 December 2004. 
Question 124 
Please explain the use of brackets around the word "notified" in paragraph 110 of 
JOB(05)/55/Rev.1.  It is standard practice fo r WTO applicants to agree to not apply their 
antidumping, countervailing duties or safeguards laws until they have notified and 
implemented.  
Concerning United States trade remedies applied to Tajikistan's trade, the United States 
currently treats Tajikistan as a non-market  economy for purposes of the antidumping duty 
proceedings under the Tariff Act of 1930, as amende d.  The primary effect of the designation of 
a country as a non-market economy is the United  States statutory obligation to use prices in a 
surrogate market economy country to value its factors of production in an antidumping 
proceeding.  If Tajikistan is considered a non-ma rket economy at the time of its accession, we 
seek to clarify that WTO Members will be able to continue to apply alternative calculation 
methodologies not based on a strict comparison with  domestic prices or costs in Tajikistan in 
trade remedy proceedings.   
Answer:  
These brackets are a typing error and shall be deleted.    WT/ACC/TJK/15 
 Page 41 
 
 
  B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 125 
We welcome Tajikistan's requirement in the reply to Question 33 in WT/ACC/TJK/13 
concerning the mandatory sale of products for expo rt at auction.  We reiterate our view that 
this system does not conform with Article XI:1  of the GATT 1994 and look forward to hearing 
more about the planned elimination of these measures by 2008. 
Answer:  
The Resolution of the Government of the Repub lic of Tajikistan No. 126 of 5 March 2008 cancelled 
the requirement on mandatory sale of some goods th rough the Tajik Commodity Exchange.  Thus the 
Resolution of the Government of the Republic of Tajikistan No. 237 of 8 June 2001 is no longer in 
force. 
Question 126 
Paragraph 111 of JOB(05)/55/Rev. 1 says that Law No. 744 "On Customs Tariff" authorizes the 
application of export duties.  Paragraph 65 of  JOB(05)/55/Rev.1, referring to import duties, 
however, says that the Law No. 744 has been repla ced by the new Customs Code, at least as it 
applies to import duties.  Has the new Custom s Code replace Law No. 744 in its entirety?  
Answer:  
The new Customs Code of the Republic of Tajikis tan fully replaced the Law of the Republic of 
Tajikistan No. 744 "On Customs Tariffs".  
Question 127 
Article 182.2 of Tajikistan's Customs Code specifi cally prohibits the application of export duties 
on processed products.  We commend this trade liberalizing feature of Tajikistan's law, and encourage Tajikistan to prohibit export duties on all products.   
Answer:
 
According to the current legislation, export duties are not applied to all goods, not only to processed 
products. 
Question 128 
Regarding the ad valorem fee of 0.1 per cent for a mandatory certificate of origin, discussed in 
paragraph 112 of JOB(05)/55/Rev.1 and Question 50 of WT/ACC/TJK/13, please provide the 
Working Party with an update regarding steps being taken to eliminate this fee.  This 
ad valorem  fee appears to violate Article VIII of the GATT.  
Answer:  
Currently, a resolution of the Presidium of the Chamber of Commerce and Industry on the 
replacement of the ad-valorem rate with the fixed rate taking into account the cost of certification WT/ACC/TJK/15 
Page 42 
 
 
  services for certification of the origin of goods is be ing drafted.  After the adoption of this resolution 
and its translation, it will be provided to the WTO Secretariat. 
- Export restrictions 
Question 129 
According to paragraph 64 of JOB(05)/55/Rev.1, an  export licence is required for the export of 
ferrous and non-ferrous scrap.  Such export cont rols can limit exports, leading to trade and 
price distortions.   
What is Tajikistan's rationale for requiring an export licence to export ferrous and non-ferrous 
scrap?   
Please describe the criteria for obtaining a licence to export ferrous and non-ferrous scrap.   
Answer:  
Licensing of this type of export is not automatic in order to guarantee that the sources of nonferrous 
and ferrous scrap are legal. 
Question 130 
In paragraph 114 of JOB(05)/55/Rev.1, Tajikistan states that the domestic sale and production 
of alcoholic beverages is restricted.  Please de scribe the restrictions imposed on the domestic 
sale and production of alcoholic beverages.  
Answer:  
Domestic trade and production of liquor is applied si milar restrictions as at import of such products.  
In other words, for production of liquor they exercise a system of manifesting expected production 
capacities, projected by the manufacturers based on th e market needs and their production capacities.  
Following that manufacturer applies and manifests his production capacity. 
In addition to that we notify that the Government  resolution No. 131 of 7 April 1999 specified in 
paragraph 114 of JOB(05)/55/Re v.1 is no longer in effect by the Amendment No. 337 to the 
Government Resolution of the Republic of Tajikistan as of 1 September 2005. 
Question 131 How are the quantities of permitted exports determined?   Also in paragraph 114 of JOB(05)/55/Rev.1, Tajikistan relies on Article XX(b) of the GATT to 
justify its restrictions of exports of alcohol.  Please explain how limiting exports of alcohol is 
necessary to protect human, animal and plant health and life in Tajikistan.  
Answer:
 
Republic of Tajikistan has no restrictions on export of  alcoholic beverages.  Please modify the body of 
the paragraph 114 of JOB(05)/55/Rev.1 accordingly.   WT/ACC/TJK/15 
 Page 43 
 
 
  Question 132 
In Table 9 of JOB(05)/55/Rev.1, Tajikistan has provided a table of non-tariff measures applied 
to exports.  There are numerous NTMs that do not have a WTO justification.  In addition, 
Tajikistan lists "Subject to export control" as  a WTO justification for many measures; "Subject 
to export control" is not a WTO justification.  
Please provide a WTO justification for each NTM.   For those measures justified as "Subject to export control", please provide a WTO justification.   
Regarding the reply provided to Question 71 of WT/ACC/TJK/13, please explain how the dual 
export licensing procedure described here for fe rrous and nonferrous scrap exports conforms to 
Article VIII(1)(c) of the GATT.  
In addition, please describe any plans to simplify the export licensing process for these products. 
Answer:
 
Please find the updated Table in the Annex V.  Curr ently, there are no plans to change the existing 
procedure on the export of goods indicated in this Table. 
Question 133 
It appears to us that the Ta jik Universal Commodity Exchange (TUCE) constitutes an improper 
restraint on trade, in violation of the GATT Article XI.  The requirement that exports be sold through the TUCE, the requirement that exporter s register their contracts with the TUCE, and 
the requirement that the export price be equal to or higher than the TUCE price all each may constitute a violation of Article XI.  In response to Question 66 of WT/ACC/TJK/13 and 
Question 33 of WT/ACC/TJK/14, Tajikistan reports that it is considering less restrictive and 
burdensome ways of monitoring and controlling capi tal outflow.  We believe that less restrictive 
and burdensome means are available.  Please pr ovide the Working Party with an update on 
these efforts, and what other measures Tajikistan is considering.   
Regarding the response to Questions 34 and 35 of WT/ACC/TJK/14, concerning consideration 
of world prices in the TUCE, please explain th e purpose of considering world prices.  If 
Tajikistan does not impose minimum starting pri ces, what is the purpose of considering world 
prices? 
According to paragraph 117 of JOB( 05)/55/Rev.1, "The strike pri ces were influenced by trends 
in world prices."  What is meant by "influenced by"?   
Does the TUCE compare the auction sale price and world prices? Why? 
Are sales below world price permitted at the TUCE?   
Are there any conditions applied to sales or purchases at the TUCE?   Are all buyers and sellers treated the same under the terms of the of the TUCE, regardless of 
nationality?   WT/ACC/TJK/15 
Page 44 
 
 
  Further according to paragraph 117 of JOB(05) /55/Rev.1, contracts negotiated outside the 
TUCE were subject to Government control.  Specifi cally, if the contract price was "significantly 
lower" than the auction price, the sale would be blocked.   
Can Tajikistan's customs officials block a sale for reasons other than low prices? 
Answer:  
The Resolution of the Government of the Republic  of Tajikistan No. 126 of  5 March 2008 abolished 
the requirement on mandatory sale of some goods th rough the Tajik Commodity Exchange, i.e. the 
Resolution of the Government of the Republic of Ta jikistan No. 237 of 8 June 2001 was abolished.  
Further, according to the paragraph 117 of JOB(05) /55/Rev.1, contracts concluded outside the TUCE 
are subject to Government control.  In particular, if  the contract price is "much lower" than the auction 
price, such sale is blocked. 
Question 134 
If the TUCE were abolished, would price compar isons continue?  To what would the contract 
price be compared? 
Answer:  
The TUCE is not abolished, however, the require ment on mandatory sale of some goods through the 
Tajik Universal Commodity Exchange was cancelle d.  Also, see the answer to the Question 133. 
Question 135 
In response to Question 51 of WT/ACC/TJK/ 13 concerning exports outside the TUCE, 
Tajikistan states that "[i]f the price of the contract is equal or higher than the price at the 
exchange the contract is registered and the conclusion  is issued.  But, if the price is significantly 
lower that the exchange price, then TUCE issu es negative conclusion, which becomes the basis 
for refusal to export."  
This description suggests that Tajikistan is impl ementing price floors for products sold through 
the TUCE.  Please explain how this practice is co nsistent with Article VIII(4) of the GATT.  
If, as suggested in paragraph 119 of JOB(05)/ 55/Rev.1, Tajikistan is concerned about the 
outflow of capital, why is it concerned with co ntracts at prices below world/TUCE prices rather 
than above world/TUCE prices?   
Answer:  
The requirement on mandatory sale of some goods through the Tajik Universal Commodity Exchange 
was cancelled.  Also, see answer to the Question 133.  
Question 136 Regarding the mandatory insurance for Stat e entities, discussed in paragraph 121 of 
JOB(05)/55/Rev.1, are private companies engaged in exporting also required to obtain such insurance?     WT/ACC/TJK/15 
 Page 45 
 
 
  Answer:  
No, insurance of enterprises engaged in export is not mandatory.  
Question 137 
Can State entities purchase insurance from insura nce providers other than the Tajikinvest State 
Company?  
Answer:  
Pursuant to the Resolution of the Governme nt of the Republic of Tajikistan No. 547 of 
31 December 1998, insurance of goods exported from the Republic of Tajikistan is performed by the 
State investments insurance comp any "Tojiksarmoyaguzor" under the Government  of the Republic of 
Tajikistan. 
- Export subsidies 
Question 138 Please confirm that, as of the date of accession, Ta jikistan will eliminate all prohibited subsidies 
within the meaning of Article 3 of the WTO Agreement on Subsidies and Countervailing 
Measures and Article XVI of the GATT 1994, at al l levels of Government, which are contingent 
upon export performance or the use of domestic over imported goods.  
Answer:
 
Tajikistan currently does not maintain prohibited s ubsidies in the meaning of the Article 3 of the 
WTO Agreement on Subsidies and Countervailing M easures and the Article XVI of the GATT 1994. 
Question 139 
Please also confirm that Tajikistan will ad minister any subsidy programmes in place or 
established after accession at all levels of Gov ernment in conformity with the CVD Agreement. 
Answer:  
Yes, Tajikistan confirms that it will administer an y subsidy programmes in place or established after 
accession at all levels of Government in conformity with the CVD Agreement. 
Question 140 Paragraph 122 of JOB(05)/55/Rev.1 notes that Taji kistan does not operate any export financing, 
subsidy or promotion measures "at present."   
Will Tajikistan commit to not operating any expo rt financing, subsidy or promotion measures 
in the future that are inconsistent with its WTO commitments?     
Answer:
 
After the WTO accession, Tajikistan will not introduce any export financing, subsidies or promotion 
measures that are inconsistent with the WTO commitments. WT/ACC/TJK/15 
Page 46 
 
 
  C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS  
- Industrial policy, including subsidies Question 141 Please confirm that Tajikistan will not invoke any of the provisions of Articles 27, 28, 29 of the 
CVD Agreement. 
Answer:
 
After the WTO accession, Tajikistan will follow the provisions of the WTO Agreement on Subsidies 
and Countervailing Measures and is not intending to invoke any of the provisions of the Articles 27, 
28, 29 of this Agreement.  
Question 142 We seek to clarify that, in proceedings under Parts II, III and V of the CVD Agreement, when 
addressing subsidies, the relevant provisions of the CVD Agreement shall apply.  However, if 
there are special difficulties in that application, the importing WTO Member may then use alternative methodologies for identifying and me asuring the subsidy benefit which take into 
account the possibility that prevailing terms and conditions in Tajikistan may not be available 
as appropriate benchmarks. 
In response to Question 73 of WT/ACC/TJK/13, Tajikistan states that "it does not provide any 
'indirect subsidies', as it is defined in Articl e 1(a)(1)(iv) of the Agreement on Subsidies and 
Countervailing Duties." Will Tajikistan commit to  not providing any such WTO-inconsistent 
indirect subsidies in the future?  
Answer:
 
After the WTO accession, Tajikistan will not provide and indirect subsidies inconsistent with the 
Articles 1(a)1(iv) of the WTO Agreement on Subsidies and Countervailing Measures. 
Question 143 
Regarding the response to Question 75 of WT/ACC/TJK/13, requesting a comprehensive 
subsidies notification, we look forward to Tajikistan's response to this question.  A 
comprehensive subsidies notification, as provided under Article 25 of the CVD Agreement, would greatly facilitate progress in this area. 
Answer:
 
The Ministry of Economic Development and Trade is currently collecting the data needed to complete 
the draft subsidies notification.  The draft notifica tion will be available to Working Party members in 
due course.  WT/ACC/TJK/15 
 Page 47 
 
 
  - Technical barriers to trade, standards and certification 
Question 144 Please update the Working Party on the status of  the draft law on "Technical Regulations".  
When will Tajikistan provide the Working Party with a copy of the draft law so that we may 
review it for WTO consistency?   
Answer:
 
Currently the draft Law on "Technical Regulations" is  being finalized with participation of related 
ministries and agencies as well as the comments of in ternational experts.  The updated copy of the 
draft law will be provided to the WTO Secretariat upon finalization. 
Question 145 In paragraph 132 of JOB(05)/55/Rev.1, Taji kistan cites four separate laws and one 
"resolution", listed below, that pre-date the draft Law "On Technical Regulations".  Upon 
enactment of the new law "On Technical Regulation s", what will be the status of those laws and 
resolution? If these laws and the resolution will remain in force upon enactment of the draft 
Law "On Technical Regulations," please provide a translation of each one to the Working 
Party.  
The instruments in question are: - Law "On Certification of Products and Services" of 13 December 1996; 
- Law "On Standardization" of 14 December 1996; - Law "On Provision of Unified Measurements" of 15 May 1997; 
- Law "On Protection of Consumers' Rights" of 15 May 1997; and 
- Resolution No. 97 "On Protection of Consumer Market of the Republic of Tajikistan 
Against Poor Quality Products" of 16 March 1999. 
Answer:
 
After the adoption of the new Law on Technical Re gulation, the current Law "On Certification of 
Products and Services" of 13 December 1996 and the Law "On Standardization" of 
14 December 1996 will cease to be in force.   
The Law "On Provision of Unified Measurements" of 15 May 1997 will be replaced by a new draft 
law on uniformity of measurements.  
The Law "On the Protection of Consumer Rights" of 15 May 1997 was amended on 
9 December 2004.  Accordingly, after the adoption of the new law on technical regulations, the new 
Law "On the Protection of Consum er Rights" will be amended.  
After the adoption of the new draft law on technical regulations, the Resolution No. 97 "On the 
Protection of Consumer Market of the Republic of Tajikistan from Poor Quality Products" of 
16 March 1999 will be amended.   
Question 146 
In paragraph 134 of JOB(05)/55/Rev.1, Tajikistan  states that "the journal 'Standart va Siphat', 
circulated on a quarterly basis, published notices of proposed technical regulations and WT/ACC/TJK/15 
Page 48 
 
 
  conformity assessment procedu res..."  The draft Law "On Technical Regulations" refers to a 
process of notification and publication that appe ars to be more regular than that described in 
paragraph 134 of JOB(05)/55/Rev.1. 
Answer:  
In the draft law on Technical Regulations, the is sue of publication of notifications on proposed 
technical regulations will be brought into conformity  with the TBT Agreement.   After the adoption of 
this draft law, notifications will be published in the "Standard va  Sifat" Journal according to the 
provisions of the new law.  
Question 147 
What is the "Authorized Body for Technical Regulation"?   Answer:
 
Authorized body for technical regulation is th e body, which will have the functions on policy 
implementation in the area of technical regulatio ns.  Such a body will be determined by the 
Government of the Republic of Tajikistan after the adoption of the Law on Technical Regulations. 
Question 148 
Will it be housed in a Ministry?  Which Ministry?  Answer:
 
So far, the Government of the Republic of Tajikista n has not defined the authorized body in charge of 
policy performance and implementation in the area of technical regulation.  The Government of the 
Republic of Tajikistan plans to house this body wi thin the Ministry of Economic Development and 
Trade with such functions. 
Question 149 
What will be its relationship to the "Nationa l Standards Body" cited in the draft law?  
Answer:  
The authorized body will be responsible for policy im plementation in the area of technical regulation, 
whereas the national standardization body will be in charge of the development of voluntary 
standards.  The authorized body will closely c ooperate with the nationa l standardization body, 
especially with the Technical Standardization Committees.  
Question 150 
Will the journal 'Standart va Siphat' continue to be  published?  If so, and only quarterly, how 
will Tajikistan implement its TBT obligations  to publish notices of proposed standards, 
technical regulations and conformity assessment procedures when a draft of a specific proposal 
is available?  WT/ACC/TJK/15 
 Page 49 
 
 
  Answer:  
There are no plans to discontinue publication of the "S tandard va Sifat" Journal.   After the adoption of 
the new Law on Technical Regulations, this journa l will be published in accordance with the law. 
Question 151 
Please identify the specific Ministry/authori ty which will be responsible for monitoring 
Tajikistan's TBT rights and commitments upon accession.  
Answer:  
The Government of the Republic of Tajikistan plans to assign to the Ministry of Economic 
Development and Trade the responsibility for the monitoring the TBT rights and commitments of 
Tajikistan upon WTO accession. 
Question 152 
Does Tajikistan intend to establish one National Standards Body?  
Answer:  
The draft Law on Technical Regulations envisages establishment of one National Standards Body, 
however, this body will not have the functi on of conformity assessment nor accreditation. 
Question 153 What will its relationship be to other Ministries ? How will it interact with other Ministries of 
the Tajikistan Government?  
Answer:
 
Standards will be developed by the Ministries or  Technical Committees for the development of 
standards and submitted for approval to the National Standardization Body.  Additional functions of 
this body are described in the Article 17 of the draft Law on Technical Regulations. 
Question 154 
Under Article 4 and Annex 3 of the WTO Agreement on Technical Barriers to Trade 
("TBT Agreement"), bodies that create voluntary standards must indicate adherence to the 
code of good practice. 
Answer:  
Tajikstandard confirms its commitment to the Code of Good Practice. 
Question 155 
Paragraphs 136 and 137 of JOB(05) /55/Rev.1 provide information on the basis of the standards 
applied in Tajikistan - national, regional, an d international.  The TBT Agreement states that 
international standards, or the relevant part of  them, shall be used as the basis for technical 
regulations, unless their use would be ineffect ive or inappropriate.  Furthermore, the 
TBT Committee has clarified the concept of inte rnational standards and emphasized the need 
for bodies developing international standards fo r the purpose of the TBT Agreement to adhere WT/ACC/TJK/15 
Page 50 
 
 
  to certain principles as outlined in Commi ttee Decision (G/TBT/1/Rev.8, IX).  The 
TBT Agreement gives priority to international st andards over all other kinds of standards.   
How does Tajikistan plan to bring its existing technical regulations and conformity assessment 
procedures into compliance with these WTO principles?   
Answer:  
The Government of the Republic of Tajikistan plans to reform the system of technical regulation and 
bring its current standardization system in complian ce with the WTO principles.  In particular, it plans 
to divide the functions of the Tajikstandard, transf orm the current mandatory standards to voluntary, 
and adopt technical regulations. 
Question 156 Paragraph 137 of JOB(05)/55/Rev.1 notes that in terstate CIS standards have been developed.   
How and by whom are CIS standards developed?   
Answer:
 
There is an NIS Intergovernmental Council on standa rdization, metrology and certification, which is 
comprised of various authorized representatives of States - members of the Agreement on conducting 
of coordinated policy in the area of standardiza tion, metrology and certification of 13 March 1992.  
One of the functions of the Council is to adopt d ecisions on intergovernmental standards, prepare and 
adopt rules and procedures on conducting joint polic y in the area of standardization, metrology, 
certification and accreditation.  
Question 157 
Are signatories to the CIS Agreement on coordi nated policy in Standardization, Metrology and 
Certification required to adopt CIS standards as technical regulations?  
Answer:  
No, it was not required. 
Question 158 
Are interested parties afforded the opportunity to comment? 
Answer:  
Yes, interested parties can have such an opportunity. 
Question 159 
Paragraph 137 of JOB(05)/55/Rev.1 further expl ains that "Article 1 of this Agreement 
envisaged the harmonization of the new GOST requirements with international, regional and 
leading national standards."   
Has that harmonization, in fact, taken place? If  not, what steps are being taken to harmonize 
the GOST requirements?    WT/ACC/TJK/15 
 Page 51 
 
 
  Answer:  
The level of harmonizing interstate standards signi ficantly improved compared to the level of 2007 
and reached 20 per cent. 
Question 160 
Why has Tajikistan added a specific article (Article 29) to its draft Law on "Technical 
Regulations" that addresses "Conditions of Importing a Product Subject to Mandatory 
Assurance of Conformity onto the Territo ry of the Republic of Tajikistan"?   
How does this Article acco rd national treatment? 
Answer:  
As it is indicated in the answer 144, currently the draft Law on Technical Regulations is being 
finalized, therefore all articles of the draft law w ill be examined in detail and revised accordingly. 
Question 161 
In each article where it appears in the ne w draft Law on Technical Regulations, "the 
Government of the Republic of Tajikistan" is a broad term.  Which Ministry, Office, Agency, etc. will be responsible for implementing the new law? 
Answer:
 
In the draft Law on Technical Regulations, the term "the Government of the Republic of Tajikistan" 
means The Cabinet of the Republic of Tajikistan.  
The Government of the Republic of Tajikistan plans to delegate the Ministry of Economic 
Development and Trade with the function to implement the law.  See also answer 151. 
Question 162 Regarding the response to Question 80 of WT/ACC/TJK/13, please provide the Working Party 
with an update regarding the establishment of an enquiry point for TBT issues. 
Answer:
 
The Government plans to establish an enquiry po int for TBT and SPS issues by the time of WTO 
accession. 
- Sanitary and phytosanitary measures 
Question 163 Please provide a copy of Tajikistan's implemen ting regulations that embody the requirements 
for imported goods.  In particular, please provide  copies of Tajikistan's import requirements for 
meat and poultry.  
Answer:
 
Texts of veterinary-sanitary requirements for the import of meat, meat products and poultry to the 
Republic of Tajikistan will be provided as soon as the English translation is available. WT/ACC/TJK/15 
Page 52 
 
 
  Question 164 
In paragraph 35 of JOB(05)/55/Rev.1, Tajikistan stated that it would only use sanitary and 
phytosanitary standards different from those of  the IOE, IPPC and CODEX when "national 
conditions" made it necessary.  
Please define "national conditions" and provide an example of such a measure that is different 
from international standards?  
Answer:  
All national provisions and laws on SPS measures are developed on the basis of international IPPC 
and IOE standards.  With the harm onization of laws and regulations of  the Republic of Tajikistan with 
international requirements, quaran tine and veterinary inspections of import of goods will introduce 
relevant amendments.  
"National condition" means that according to the Ar ticle 2, paragraphs 1 and 2 of the SPS Agreement, 
members shall have the right to introduce SPS me asures required for the protection of the life and 
health of people, animals and plants given that such  measures are consistent with the provisions of the 
WTO Agreement of SPS Measures and are science-b ased, and have not remained effective without 
sufficient scientific basis.  
In such a situation, members reserve the right to implement sanitary and phytosanitary measures. 
Question 165 
Regarding the response to Questions 84 - 86 of WT/ACC/TJK/13, please provide the Working 
Party with an update regarding the establishment of an enquiry point for SPS issues, the 
identification of authority and the establishment of guidance. 
Answer:  
Currently there is an  information center under th e Ministry of Economic Development and Trade of 
the Republic of Tajikistan.  There is a plan to establish an information center on SPS related issues 
under the Ministry of Agriculture of the Republic of  Tajikistan.  The Ministry of Agriculture is 
seeking financial resources for the maintenance of personnel, procurement of necessary office 
equipment and to cover other expenses re lated to the operations of the center. 
Question 166 
In response to Question 90 of WT/ACC/TJK/13, Tajikistan confirms that it will harmonize its 
legislation concerning animal and plant standards and food safety standards with international 
standards.   
Please describe in detail Tajikistan's plans for th is harmonization.  There is no mention of this 
legislation in the Legislative Action Plan.  
Answer:  
With the purpose to harmonize its legislation with the international requirements, the Republic of 
Tajikistan adopted a new Law of the Republic  of Tajikistan "On Veterinary" No. 73 of 
8 December 2003 based on international legal acts r ecognized by the Republic of Tajikistan.  As the 
Main State Veterinary Department and Inspection of  the Republic of Tajikistan is the member of the  WT/ACC/TJK/15 
 Page 53 
 
 
  IOE, all standards applied by the Main State Veteri nary Department and Inspection of the Republic of 
Tajikistan are international standards.  At the sa me time, this Law was amended in 2005 and 2006.  
The State Plant Quarantine and Protection of the Re public of Tajikistan controls and applies plant 
quarantine measures in accordance w ith the requirements of the In ternational Plant Quarantine and 
Protection Convention.   
Currently, there is a draft of the Law of the Repub lic of Tajikistan "On the Plant Quarantine" to be 
adopted by the end of 2008.  
At the same time, a draft Resolution of the Govern ment of the Republic of Tajikistan on joining the 
IPPC has been developed, adoption of wh ich is planned for the end of 2008.  
The plans for adoption of these normative acts will be reflected in the Legislative Action Plan. 
Tajikistan has plans to become a member of Codex Alimentarius and harmonize with Codex. 
Question 167 
Regarding the response to Question 91 of WT /ACC/TJK/13, please provide further details 
regarding Tajikistan's recognition of the principa l of equivalence.  What is the authority for 
such recognition? Please describe how Taji kistan would determine equivalence.   
Answer:  
Tajikistan follows the norms, guidelines and reco mmendations of the IOE, IPPC and the Codex 
Alimentarius in recognition of the equivalence prin ciple in protection of animal health, phytosanitary 
measures, plant quarantine and sanitary measures in accordance with the provisions and guidelines of 
relevant organizations. 
Question 168 In response to Question 92 of WT/ACC/TJK/13, Tajikistan states that the relevant Tajikistan 
legislation is already based on risk assessment, and that with regard to food safety, Tajikistan 
performs its own independent risk assessment.  Does this mean that Tajikistan has publicly available risk assessments for any measure that  is more stringent than the international 
standard?  
How would the public access those risk assessments? 
Answer:
 
Currently Tajikistan is working with a domestic  legislation and all SPS measures will be in 
conformity with the IOE, IPPC and Codex Alimentarius. 
Question 169 
Regarding Question 97 of WT/ACC/TJK/13, please provide a response to the question.  Is there 
still a ban on imports of products with biostimulators, antibiotics and hormones?  WT/ACC/TJK/15 
Page 54 
 
 
  Answer:  
The ban on import of products with biostimulators, an tibiotics and hormones is still in force.  The ban 
on import of products with biostimulators, antibioti cs and hormones is based on relevant articles of 
international sanitary code on land animals of the OIE. 
Question 170 Please describe what steps have been taken to remove this requirement, by defining exactly 
which regulatory measure has to be modified an d the timeline for modification.  We strongly 
recommend providing the Working Party with a translation of the revised draft regulatory measure so that it can be reviewed for WT O consistency before it is finalized.   
Answer:
 
Currently there are no plans to abolish this ban. 
Question 171 
Regarding the information provided in Annex II of WT/ACC/TJK/14 "Non-tariff measures on 
importation of goods to Tajikistan", please provide  more details, beyond just citing chapters, on 
the commodities (live animals, animal products, foodstuff, etc.) for which a veterinary 
certificate or certificate is required.  A table would suffice. 
Answer:  
See the Table in Annex VI.  
Question 172 
We understand that State registration is requi red for foodstuff, materials and products 
imported to Tajikistan for the first time.  Pl ease describe in detail the "State registration" 
process for new to market commodities?  
Answer:  
Pursuant to the Article 10 of the Law of the Repub lic of Tajikistan "On the Quality and Safety of 
Food Products" No. 54 of 10 May 2002, new food  products, materials and articles produced and 
manufactured in the Republic of Tajikistan, food produc ts, materials and articles first time imported to 
the Republic of Tajikistan shall be subject to State registration. 
State registration of food products , materials and articles covers:  - Expertise of documents provided by the produ cer, supplier of food products, materials and 
articles and confirm their conformity with th e requirements of normative documents, with the 
terms of production or supply of food products, ma terials and articles, as well as the results of 
tests when necessary; 
- Inclusion of food products, materials and artic les, as well as their producers and suppliers, in 
the State register of foods products, materi als and articles allowed for production in the 
territory of the Republic of Tajikistan or im port to the Republic of Tajikistan and sale; 
- Issue of certificates on the State registration of food products, materials and articles entitling 
applicants to production, import and circulation of food products, materials and articles in the 
territory of the Republic of Tajikistan; and  WT/ACC/TJK/15 
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  - State registration of food products, materials and articles and maintenance of the State register 
of food products, materials and articles  allowe d for production in the territory of the Republic 
of Tajikistan, or import to the territory of the Republic of Tajikistan and circulation, shall be 
implemented by the authorized body of the Gove rnment of the Republic of Tajikistan on State 
sanitary-epidemiological control along with the State authorized body of the Government of 
the Republic of Tajikistan on State veterinary  control in accordance with the regulations 
approved by the Government of the Republic of Tajikistan. 
Registration of several types of food products, materials and articles under one title shall be 
prohibited.  Moreover, multiple registration of the same type of food produc ts, materials and articles 
or under different titles shall be prohibited.  
Question 173 
Does this process differ for imported and domestic products? 
Answer:  
No. 
Question 174 
We look forward to more detailed informatio n on what plans Tajikistan has to address 
conformity of its regime with the Agreement  on Sanitary and Phytosanitary Measures, 
including particularly principles detailed in paragraph 144 that are considered not to be 
covered by domestic legislation.  It would be useful for Tajikistan to prepare an SPS checklist 
and action plan to identify the work ahead. 
 Answer:
 
Tajikistan intends to amend the SPS laws "On the Quality and Safety of Food Products" of 
10 May 2002, "On Veterinary" of 8 December 2003,  "On Plant Quarantine" of 12 May 2001, "On 
Ensuring of Sanitary-Epidemiological Control of th e Population" of 8 December 2003.  The Plan of 
Action will be submitted to the WTO Secretariat when it is drafted.  
Question 175 
In relation to Question 93 in WT/ACC/TJK/13, Tajikistan suggests that it is "not necessary to 
take into account regional characteristics (i.e. in  food safety)" as legislation "relates to the 
country as a whole".  This answer suggests a misunderstanding of the question.  The question 
concerns where Tajikistan capture in its legislatio n the important principle of Article 6 of the 
Agreement on Sanitary and Phytosanitary Meas ures.  Article 6 requires that Members ensure 
that their SPS measures are adapted to the SPS ch aracteristics of the area (whether all of the 
country, part of a country or all or parts of several countries) from which the product 
originated.  Furthermore, Members should recogni se the concepts of pest or disease free areas 
and areas of low pest or disease prevalence.  Can Tajikistan indi cate where it plans to capture 
this important principle in its legislation or regulations? 
Answer:  
The Article 6 of the WTO Agreement on SPS is captu red in the Article 6 of the Law "On the Plant 
Quarantine" of 12 May 2001.  WT/ACC/TJK/15 
Page 56 
 
 
  Principles of regionalization stipulated in th e Law of the Republic of Tajikistan "On Plant 
Quarantine" fully comply with th e international norms and standard s, and the Republic of Tajikistan 
recognizes existence of areas free from diseases  and pests, and areas of low pest or disease 
prevalence, both within their territory and in the territory of their trade partners.  
Question 176 Paragraph 140, page 35:  As indicated, Tajikistan  intends to harmonize its legislation on animal 
and plant health with international standards. 
Are there any legal provisions in place in Tajiki stan that require the authorities responsible for 
standard-setting to review SPS reg ulations periodically in ord er to ensure that they are in 
compliance with international standards? 
Answer:
 
All current SPS regulations conform to the rele vant international standards, provisions and 
recommendations such as IPPC, OIE, and Codex Al imentarius.  Laws of Tajikistan on SPS envisage 
compliance with international requireme nts in the adoption of SPS measures.  
Question 177 
Paragraph 142, page 36:  As indicated Tajik in stitutions responsible for control, inspection and 
approval procedures include Veterinary Insp ectorate and the Quarantine Inspectorate. 
Please describe the procedures for issuing permit s for the importation of animals and animal 
products.  In addition, please explain how legal an d auditing systems are used to ensure that the 
authorities responsible for inspections at the borders meet obligations of transparency and 
harmonization under the SPS Agreement. 
Answer:  
Permits for import of animals and animal products ar e issued by the Veterinary Inspection under the 
Ministry of Agriculture depending on the veterinary st atus in the exporting country.  Veterinary status 
in the exporting country is provided in the re ports submitted by the OIE and other available 
information.  Import permits are issued provided th at in the exporting country there are no infectious 
diseases dangerous for animals and human and prov ided that other terms recommended by the OIE 
are met (Article 26 of the Law "On Veterinary").  
Upon receipt of animal products at the border cro ssing points, regional veterinary inspections shall 
perform mandatory veterinary inspection (Article 13 of the Law "On Veterinary").  Import permits are 
issued given availability of import permits and other required documents, and given no signs of 
disease with animals or animal products.  In the case of denied permit for import of consignments to 
the country the importer shall have the right to appeal  against such denial in the superior body of the 
State veterinary inspection or in the court (Article  17 of the Law of the Republic of Tajikistan "On 
Veterinary").  
Texts of the veterinary-sanitary regulations for th e import of meat, meat products, poultry meat to the 
Republic of Tajikistan will be provided af ter the translation into English.  
Bodies responsible for the border control are guide d by the International Convention on Coordination 
of Border Cargo Control Terms of 21 October 1982.   WT/ACC/TJK/15 
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  Question 178 
Paragraph 144, page 36:  It is noted that certain provisions and basic principles of the SPS 
Agreement, such as equivalence, risk assessm ent and regional conditions, have not been 
specifically or fully covered by Tajikistan's legislation. 
We would therefore appreciate knowing: 
- How Tajikistan determines whether the inspection and quarantine measures of other 
countries meet their requirements; and 
- How appropriate levels of protection are set domestically? 
Answer:  
Tajikistan follows the norms, guidelines and reco mmendations of the OIE, IPPC and the Codex 
Alimentarius in the application of risk evaluati on, equivalence of measures to protect health of 
animals and phytosanitary measures and plant quara ntine and sanitary measures in accordance with 
the provisions and guidelines of relevant organizations.  
Question 179 Paragraph 144, pages 36-37:  It is stated th at the Draft Law "on Technical Regulations" 
incorporated principles established in the SPS Agreement and Tajikistan was ready to amend 
the Veterinary Law and the Law on Plant Protection as necessary. 
What are the procedures for developing and amending regulations regarding SPS standards 
and regulations in Tajikistan? 
Answer:
 
Legislative acts are drafted by the line ministries.  Drafts of legislative acts adopted by ministries and 
the Government shall be sent subject to mandato ry submission (except for some documents) for 
approval to all interested ministries and department s.  However, there is no mandatory requirement 
for the dissemination of drafts for public discussion.  
Currently, in Tajikistan there are no legislative re quirements to submit amendments for comments.  
Nevertheless, some ministries and departments present their draft amendments for comments on voluntary basis through the publication in websites, bulletins and periodicals, or through round table 
discussions. 
Tajikistan intends to amend the following laws on TB T and SPS in order to bring them in compliance 
with the WTO transparency requirements.  
Question 180 
Paragraph 145, page 37:  During the interim p eriod before the planned single enquiry point is 
set up, the WTO Division of the Ministry of Economy and Trade is undertaking the work of 
providing information on specific SPS measures. 
Could Tajikistan please provide detailed descriptio ns of its phytosanitary certification system 
and border plant quarantine inspection measures for transiting commodities from neighbouring 
countries.  We further request that Tajikistan  provide information regarding phytosanitary 
measures for quarantining pests, and provide a list of those pests. WT/ACC/TJK/15 
Page 58 
 
 
  Answer:  
Phytosanitary certificates are issued after the qua rantine examination at the border points in the 
absence of quarantine objects.  In transit traffi c, examination of transport means and exterior 
examination, and, in the absence of quarantine objects, phytosanitary certificates are issued. 
Quarantine objects are pests, plant diseases, and weed plants registered in exporting countries.  There 
is a list of quarantine objects registered in Tajikistan. 
- State-trading entities 
Question 181 Please confirm that the eight enterprises Ta jikistan identified in paragraph 149 of 
JOB(05)/55/Rev.1 are the only enterprises grante d an "exclusive or special privilege" in 
purchases or sales involving either imports or export s.  If other such enterprises exist, please 
identify them and the products/services in which they trade.  
Answer:
 
It must be emphasized, that out of eight compan ies indicated in paragra ph 149 of JOB(05)/55/Rev.1 
three (SUAC "Tojik-air", SUC "Rohi Ohan"- rail transport and terminal, Stock -holding company 
"Tojiktelecom") are not qualified as State Trading Entities under Article XVII of the GATT. 
We also notify, that SUC "Khurokvori" does not deal with production, import and export of ethyl 
alcohol, liquor, tobacco and other goods while  only regulating these issues based on bilateral 
agreements with Ministry of Energy and Industry. 
Question 182 
Please identify any "State enterprises" in Tajiki stan, i.e., those owned or controlled by the State 
(including those with less than 50 per cent own ership share), that make purchases or sales in 
international trade or to foreign customers. 
Answer:  
Enterprises enlisted in paragraph 149 of JOB(05)/55/Re v.1, except the ones specifi ed in the answer to 
the Question 181, implement purchases in interna tional trade or sale to foreign consumers.  
Question 183 
For each of these enterprises covered by Article XVII of the GATT - State-owned and State-
controlled enterprises, and other enterprises with  special or exclusive privileges - please also 
describe the role the State plays in these compan ies as well as how (on what basis) these 
enterprises make their sales and purchases. 
Answer:  
The State as a stock holder is represented in th e boards of such companies.  Procurements and 
distribution by above companies are implemented only based on commercial reasons.  WT/ACC/TJK/15 
 Page 59 
 
 
  Question 184 
Please confirm that State-trading Enterprises (including State-owned and State-controlled  
enterprises, enterprises with special or excl usive privileges and unitary enterprises) in 
Tajikistan will make any purchases or sales, wh ich are not for the Government's own use or 
consumption, solely in accord ance with commercial considerations, including price, quality, 
availability, marketability, transportation and other conditions of purchase or sale. 
Answer:  
Tajikistan confirms the aforementioned. 
Question 185 
Please also confirm that these State trading ent erprises shall afford the enterprises of other 
Members adequate opportunity, in accordance wi th customary business practice, to compete for 
participation in purchases from or sales to Taji kistan's State enterprises.  Please also confirm 
that any restrictions on exports of materials to ensure essential quantities of such materials to a 
domestic processing industry shall not operate to  increase the exports of or the protection of 
such domestic industry.   
Answer:  
Tajikistan confirms the aforementioned. 
Question 186 
In view of the special characteristics of Tajikist an's economy, we seek to clarify that when State 
owned enterprises (including banks) provide fina ncial contributions, they are doing so as 
Government actors within the scope of Article 1.1(a) of the SCM Agreement.  
In addition, for purposes of applying Articl es 1.2 and 2 of the SCM Agreement, we seek to 
clarify that subsidies provided to State-owned enterprises (including State trading entities) will be viewed as specific if, inter alia , State-owned enterprises are the predominant recipients of 
such subsidies or State-owned enterprises receive  disproportionately large amounts of such 
subsidies.   
Answer:
 
State banks do not provide any subsidi es on behalf of the Government.   
- Free zones, special economic areas 
Question 187 Please confirm that the right of firms to establish and operate in free zones or special economic 
areas does not depend on export performance, trad e balancing or local content requirements.   
Answer:
 
Regulations on free economic zones are being drafted to define conditions  for participation of firms in 
the free economic zones.  WT/ACC/TJK/15 
Page 60 
 
 
  - Government procurement 
Question 188 We do not understand Tajikistan's response to Question 101 of WT/ACC/TJK/13.   Are preferences provided to domestic goods a nd service in Government procurement? 
Answer:
 
According to the Article 18 of the Law of the Repub lic of Tajikistan "On Stat e Procurement of Goods, 
Works and Services", in procurements with the pa rticipation of foreign suppliers (contractors), 
domestic suppliers, on other equal terms, are granted preferential margin in the amount of 20 per cent 
tender applications for procurem ents of goods, and in the amount of 10 per cent on the works.  
When the subject of procurement covers works performed in the territory of the Republic of 
Tajikistan stipulated in the Article 18 of the La w of the Republic of Tajikistan "On the State 
Procurement of Goods, Works and Services", privile ges are provided only given that the works are 
performed using the domestic labor resources and no less than 30 per cent of domestic raw stock and 
materials.  In addition, the procurement organiza tion, upon agreement with the authorized body, can 
grant privileges in the size of 10 per cent to domest ic suppliers of consulting services given no less 
than 70 per cent of the permanent local staff recruited by domestic consulting companies. 
Question 189 
What is meant by "rules applicable to market relations"? 
Answer:  
Rules applicable to the market relationships mean development of free prices based on demand and 
supply at the market. 
Question 190 
Who establishes the prices of the domestic goods at issue - the seller or the Government? 
Answer:  
The supplier establishes the prices of the domestic goods at issue.  Pursuant to the Article 36 of the 
Law of the Republic of Tajikistan "On State Pr ocurement of Goods, Works, and Services", the 
supplier (contractor) provides the procurement organi zation with the tender application in writing in a 
sealed envelope, in accordance with the rules set in  the tender documentation, given authenticity and 
confidentiality of the tender application and authen tic identification of the person, who applied and 
indicated the price of goods in the tender application.  
Question 191 
What is the "principal of price flexibility"? Answer:
 
The supplier establishes the prices of the domestic goods at issue.  According to Article 36 of the Law 
of the Republic of Tajikistan "On Government pr ocurement of goods, works and services" a provider  WT/ACC/TJK/15 
 Page 61 
 
 
  (contractor) shall submit to the procuring organizat ion a tender application in written form in sealed 
envelope in compliance with rules, set forth in te nder documentation subject to the terms of ensuring 
authenticity and confidentiality of tender application and reliable identification of applicant, and shall 
indicate the price for goods. 
Question 192 What are the bans and restrictions under the Law of the Republic of Tajikistan on Competition 
and Restriction of Monopoly Activity in Commo dity Markets, and how are they taken into 
consideration?   
Answer:
 
The following bans exist pursuant to the Chapter 2,  Article 4 of the Law of the Republic of Tajikistan 
"On Competition and Restriction of Monopo listic Activities at Commodity Markets". 
Actions (failure to act) of economic entities (groups of persons) are prohibited when such actions can 
result in inadmissibility, restriction, elimination of  competition and/or infringement of interests of 
other economic entities, (groups of persons) or individuals, including: 
- Withdrawal of goods from circulation, aimed at creation or maintenance of market deficit or 
increase of prices; 
- Imposing on the counteragents agreement terms th at are disadvantageous or not related to the 
subject (groundless demands to transfer financ ial assets, other property, ownership rights, 
labor force, agreement to sign an agreement only given inclusion of provisions related to 
goods that are not of interest for the counteragent, etc.); 
- Inclusion of discriminating conditions in agreement, that put the counteragent in a 
disadvantageous position compared  to other economic entities; 
- Impeding market entry (market exit) to other economic entities; - Violation of pricing procedures set by normative acts; - Setting and maintenance of hi gh (low) monopolistic prices; 
- Setting various prices (tariffs) to persons acquiring the same commodity without economic, 
technical and other grounds; 
- Setting discriminatory conditions; - Groundless reduction or termination of the pr oduction of goods in de mand or orders of 
producers given the opportunity of break-even production; and 
- Groundless refusal from entering into an agreement with some buyers (contractors) given the 
opportunity to produce or supply relevant goods. 
Question 193 
Paragraph 156, page 39:  Enhancing participat ion and competition among domestic and foreign 
suppliers is stated as one of the main obje ctives of Tajikistan's existing Government 
procurement legislation.   
What proportion of total Government procuremen t in the latest three years, for which data are 
available, is open for international bids?  Plea se describe the products involved and the value of 
the bids available for international competition. 
Answer:
 
In 2006, 2007 and three months of 2008, the joint tender commission of the State Agency on 
Procurement of goods, works, services and organi zation of stock activities and the procuring WT/ACC/TJK/15 
Page 62 
 
 
  organizations held 1,379 tenders using the method of unlimited partic ipation auctions.  Procurements 
based on this method made Som oni 229,994,435 or US$66,858, 847, which makes 59.9 per cent of the 
total amount of procurements during this period.  
Question 194 
Paragraph 158, pages 39-40:  It is stated that the authorized agency, jointly with the concerned 
Government Ministries would invite the particip ation of interested parties in a tender through 
the mass media. 
Please provide further information on what cons titutes the "mass media."  In addition, please 
advise whether these procurement notices are also available from the gazette or website of the 
authorized agency? 
Answer:  
Mass media means national television, national radio, private and public printed matters.  
- Agricultural policies 
Question 195 
Regarding the domestic supports exempt from re duction commitments reported in Table DS:2 
of WT/ACC/SPEC/TJK/3/Rev.1, Tajikistan lists  'Grants' in the amount of $103,230,000 Somoni 
for 2005, but zero for the previous two years.   
Please describe more fully the grants included under 'Description'.  
Answer:  
The updated table on domestic support of agriculture will be provided to the WTO Secretariat with a 
more detailed description of such gr ants (see WT/ACC/SPEC/TJK/3/Rev.2). 
Question 196 
We welcome Tajikistan's provision of revised domestic support tables in 
WT/ACC/SPEC/TJK/3/Rev.1 and have provided tec hnical comments.  We welcome Tajikistan's 
intention to bind export subsidies at zero upon accession.   
Answer:  
An updated Table on domestic support to agriculture  will be provided to the WTO Secretariat (see 
WT/ACC/SPEC/TJK/3/Rev.2). 
Question 197 
Green Box (Supporting Table DS:1):  We welcom e Tajikistan's revised agricultural support 
tables for 2003-2005. 
We note the reference to "development of new water supplying technologies in irrigation of 
agricultural crops and etc" in the description of General Services on page 2 of WT/ACC/SPEC/TJK/3/Rev.1.  This type of s upport might be appropriately scheduled under 
paragraph 2(g) of Annex 2 of the Agreement on Agriculture, which provides for support in  WT/ACC/TJK/15 
 Page 63 
 
 
  relation to infrastructural services, including "w ater supply facilities".  Can Tajikistan confirm 
that such support does not include subsidization of on-farm facilities? 
Answer:  
Tajikistan accepts the Member's suggestion on sch eduling the measure "development of new water 
supplying technologies in irrigation of agricultural crops and etc" under paragr aph 2(g) of Annex 2 of 
the WTO Agreement on Agriculture.  Please see the Table DS1 in the document 
WT/ACC/SPEC/TJK/3/Rev.2 reflecting the specified  amendment.  Tajikistan confirms that the 
support provided under the specified infrastructural programme does not include subsidization of on-
farm facilities. 
Question 198 We are interested in further information on some of the infrastructural services listed on 
page 4.  In particular, in relation to support associated with "water supply of pastures in the winter and spring periods" can Tajikistan confir m that this does not include subsidies to inputs 
or operating costs and is not directed at on-fa rm facilities other than for the reticulation of 
generally available public utilities (paragrap h 2(g) of Annex 2 of the Agreement on 
Agriculture). 
Answer:
 
Tajikistan confirms that the s upport provided under the infrastructural programme related to the 
supply of pastures with water during the winter and spring periods includes only construction of 
regional systems for water-supplying, and that it does not include subsidies to inputs or operating 
costs and is not directed at on-farm facilities.  
Question 199 
In relation to "Creation of State Reserves for provision of food security", can Tajikistan 
indicate the commodities that are subject to su ch programmes?  Can Tajikistan confirm that 
the sales from food security stocks are also made  at no less than the current domestic market 
price for the product and quality in question? 
Answer:  
Programme related to creation of food security stocks encompasses accumulation and holding of 
wheat.  Tajikistan confirms that purchases of this commodity are made at market prices and that sales from food security stocks are made at no less than the current domestic market price.  
Question 200 
We seek further information on "Payments by programme of regional assistance" described on 
page 4.  In particular:  How are the amounts of payments (for credits) determined?  How is 
eligibility assessed for determining the recipients of such support? 
What regulation or law details the criteria for determining whether a particular region is 
eligible for such support? WT/ACC/TJK/15 
Page 64 
 
 
  Answer:  
The amounts of payments for credits under the re gional assistance programmes were determined 
based on the estimated income loss of agricultu ral enterprises operating in remote mountainous 
regions located at the altitude of more than 2000 meters.  Support to those enterprises is aimed at 
improving economic conditions and employing scarce resources in such disadvantaged regions, 
reducing poverty and mitigating war effects.  All agricultural enterprises operating within the 
specified regions were eligible to receive suppor t.  The Instruction of the Chairman of the 
Government of the Republic of Tajikistan No. 22, dated 21 April 2005, specifies the terms for 
providing support under the regional assistance progra mmes.  Many of the regions located at the 
altitude of more than 2000 meters, are closed fo r road communication for several months during the 
year, due to the unfavorable weather and climatic conditions.  
Question 201 
Supporting Table DS:2:  We note the provision of  information in DS:2, which is available to 
developing country Members.  Can confirm that Ta jikistan is wishing to join the WTO on the 
basis of a developing country - which would n eed to be applied not only in the area of 
agriculture, but across the entire WTO agreement? 
Answer:  
Tajikistan confirms its willingness to join th e WTO with the developing country status. 
Question 202 
We would appreciate more information on the na ture of the programmes described in DS:2 – 
i.e. "State investment for capital construction " and "grants".  In particular, how do these 
programmes operate, how do they benefit agricultu ral producers, what is the nature of "capital 
construction" and how does it differ from the ty pe of infrastructure provision provided for in 
the Green Box (paragraph 2(g) of Annex 2)? 
Answer:  
Please note that Tajikistan has revised the Supporting Table DS:2, both in terms of descriptions of 
supporting programmes and figures provided, since at the time when initial ACC/4 document was 
prepared not all statistical data was available.  
In the Supporting Table DS:2, under the measure t ype "State investment for capital construction", 
Tajikistan has listed budgetary expenditures aimed at  providing support to investment projects related 
to renovation and equipping of the laboratory of the State Foot-and-mouth Disease Institute, and of 
several agricultural institutes and institutions.   
Due to the severe shortage of funds in the Stat e budget resulting from the civil war during 1990s, and 
in order to enable recovery of the devastated  economy, the Government of Tajikistan asked for 
financial assistance of the international community in  the form of non-repayable grants to support 
development of different sectors of economy determ ined as priority ones.  Projects providing support 
to agricultural sector were identified by the Govern ment as the top priority.  The projects have been 
designed and implemented in close collaboration with th e Government to target the fields specified in 
the main national strategic development documen ts such as PRSP I and PRSP II.  Projects in 
agriculture were related, inter alia , to privatization of agricultural enterprises, poverty reduction in the 
rural areas, land reform, development of regional network of wheat growers and development of 
community mobilization approach.      WT/ACC/TJK/15 
 Page 65 
 
 
  Question 203 
Supporting Table DS:4:  We welcome the additional information provided in DS:4, but note 
that there is a scheduling error that needs to be  corrected.  More specifically, in determining 
total AMS at the bottom of the ta ble, it is necessary to remove de minimis  levels of support from 
both the final product-specific and non-produc t specific figures, as well as the final AMS 
calculation.  As the table stands, Tajikistan has counted de minimis levels within its final AMS.  
Further work on this table also depends on wh ether Tajikistan is seeking developing country 
status across all areas of the WTO agreements when it accedes. 
Answer:  
Tajikistan has corrected the specifi ed error.  Please see the revised version of the ACC/4 document in 
WT/ACC/SPEC/TJK/3/Rev.2).  In addition, Tajikista n reiterates its willingness to join the WTO with 
the developing country status. 
Question 204 
Non-product-specific support  (Supporting Tabl e DS:9):  We seek further explanation of the 
calculation of support under the item "Restruct uring of agricultural debts" in DS:9.  In 
particular: 
Tajikistan notes that payments for accumulated agriculture debts in the amount of 5,449.3 was 
prolonged to 1 January 2007.  Does this figure represent the level of total 'debt' or does it represent the interest charges that would be  payable on the accumulated debt in 2003? 
Answer:
 
The figure presented in the Supporting Table DS:9 w ith respect to the suppor t measure "restructuring 
of agricultural debts" represents the amount of to tal indebt ness resulting from the reorganization of 
big agricultural collective farms into small individual farms.  The figure does not represent the interest 
charges that would be payable on the accumulated de bt, since no interest charges were applied.  
Question 205 
Export Subsidies:  We welcome the inclusion of Table ES:1 indicating a "Nil" entry. 
Answer:  
We thank the Member for the comment.  Tajikis tan has circulated revised tables in document 
WT/ACC/SPEC/TJK/3/Rev.2. 
V. TRADE RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL 
Question 206 
In paragraph 176 of JOB(05)/55/Rev.1, it is noted that there are some exceptions to National 
Treatment provided under Tajikistan's law in the field of intellectual property rights.  What are they and how do they comply with TRIPS obligations in this respect? WT/ACC/TJK/15 
Page 66 
 
 
  Answer:  
Exemptions from the "national treatment" principl e are made with regards to application of 
differential fee structure for national and foreign applicants.  
Question 207 
In paragraph 178 of JOB(05)/55/ Rev.1, it is noted that Tajikistan will eliminate its current 
discriminatory fee structure to ensure conformity with TRIPS Article 3(1).  Please update the 
Working Party on the elimination of this di scriminatory and differential fee structure.  
Regarding the "double scale" taxation discussed in response to Question 104 of 
WT/ACC/TJK/13, these fees appear to violate the national treatment requirement of Article III.  
How and when will Tajikistan bring th ese fees into conformity with the WTO?    
Answer:  
There is a plan to adopt a system, which would di fferentiate on the basis of per capita income ( UN 
based calculations) according to which citizens of countries with the per capita income less than 
US$ 3000 would be entitled to a preferential fee, rega rdless of the nationality of the applicant.  It's 
planned to introduce this new system by adopting a Resolution of the Government (rates of duties).   
Such an amendment is planned through the Reso lution of the Government of the Republic of 
Tajikistan (duty rates).  
Question 208 
What is the current status of the new regulation on patent law, mentioned in Question 104 of 
WT/ACC/TJK/13?   
Answer:  
New draft regulation is being prepared on the basis of the system described in reply to Question 207 
above. 
- SUBSTANTIVE STANDARDS ON PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND USE OF INTELLECTUAL PROPERTY RIGHTS 
- Copyright and related rights 
Question 209 In paragraph 183 of JOB(05)/55/Rev.1, Tajikistan st ates that it is drafting an amendment to its 
copyright law that explicitly guarantees full nati onal treatment for copyright and related rights 
owners.  Please update the Working Party on the stat us of this amendment.  In addition, please 
add this amendment to Tajikistan's Legislative Action Plan .  
Answer:
 
Amendments were introduced to the "Law on Copyri ght and Related Rights" by adoption of Law of 
the Republic of Tajikistan "On amen dments and additions to the La w of the Republic of Tajikistan 
"On Copyright and Related Rights" No. 162 of March 2006".  Specifically, "national treatment"  WT/ACC/TJK/15 
 Page 67 
 
 
  provision was amended in Article 4.  The followi ng is a new edition of the "national treatment" 
provision:   
- Article 4.  Scope of copyright application (a mendments and additions are highlighted below) 
 In accordance with the Law on Copyright,  the copyright applies to the works: 
 3) which are subject to copyright protection on the territory of Tajikistan according to 
the international legal acts adopted by the Republic of Tajikistan.  Therefore, works 
of the right holders from member countries are entitled to copyright protection which 
is provided for the citizens of the Republic of Tajikistan (national treatment).  
It should be noted that the indicated amendments ha ve already been included to the Legislative Action 
Plan of Tajikistan in the document WT/ACC/ TJK/7/Rev.2, which was submitted to the WTO 
Secretariat prior to the third meeting of the Working Party.  
Question 210 
In paragraph 184 of JOB(05)/55/Rev.1, Tajikist an noted that a regulation and amendment had 
been drafted to provide producers of sound recordings a transmission right of public 
performances in digital medium.  Please provide  an update on this proposed regulation and 
amendment.  In addition, please add this amendm ent to Tajikistan's Legislative Action Plan.  
Answer:  
The Law of Republic of Tajikistan "On amendmen ts and additions to the Law on Copyright and 
related rights" has introduced new means of using ob jects of related rights due to the development of 
digital technologies.  The following amendm ents were introduced to Article 34: 
- Article 34.  The rights of a performer (extraction) 
 The law provides for additional exclusive right s of a performer with regards to his/her 
performance:   
 6) to disseminate originals or copies of the pho nogram by transfer or sale of the right of 
ownership.  Where an original or copies of a lawfully published phonograms are put 
for public circulation via sale, their sub sequent dissemination shall be allowed 
without consent of phon ogram producer and without remuneration.  At that, 
notwithstanding the property right of ph onogram producers on copies of phonograms 
shall be reserved for dissemination of copies of phonograms via renting. 
- Article 35.  The rights of the producer of a phonogram ( extraction) 
 Exclusive right for the use of a phonogram implies the right to authorize or prohibit the 
following actions:  
7) to publish performance, play or a phonogram for interactive use 
 8) to place recorded performance in cyberspa ce, so that it becomes accessible ( in a real 
time) to any user at his choice 
Another addition is made to the sec ond part of Article 35, related to the appearance of new methods of 
using phonograms due to the digital technologies.  WT/ACC/TJK/15 
Page 68 
 
 
  Tajikistan also confirms that it plans to join  the Rome Convention and to comply with all 
requirements of that Convention. 
Question 211 
Tajikistan also stated that it plans to join the Rome Convention.  Please provide an  update on 
such plans, along with Tajikistan's plans to join and fully implement the WPPT.    
Answer:  
The Republic of Tajikistan joined the International Convention on Protection of the rights of artists-
performers, producers of phonograms and broadcas ting organizations (Rome Convention) by the 
Resolution of the Majlis Oli of the Republic  of Tajikistan No. 159 of 11 November 2005.  
Copy of the Resolution submitted to the WTO Secretariat.  
Tajikistan is considering joining WIPO Conve ntion on the rights of phonogram producers and 
performers in the future. 
- Trademarks, including service marks 
Question 212 
According to Tajikistan's replies to previous questions on enforcement of trademark law, 
Tajikistan's laws mention "significant damage" ca used by the illegal use of trademark.  How is 
the "significance" of the damage determined?  Is it defined in the Law on Trademarks and Service Marks?  If so, please identify the relevant provision. 
Answer:
 
According to the Article 15 of the Criminal Code, an amount of not less than one thousand times the 
minimum salary constitutes a "significant damage".  Methods of determination of "significant 
damage" are not adopted in any normative act.  There is no judicial practice either.  
- Patents 
Question 213 In paragraph 197 of JOB(05)/55/Rev.1, it is noted that layout designs of circuits are not 
patentable.  If the circuit layout was novel, had an inventive step and was industrially 
applicable, would it qualify for patent protection?  If not, why not? 
Answer:
 
Layout designs of integrated circuits are referred  to by the Civil Code (part 3, Article 1126) as 
protected objects of intellectual property.  Further, pursuant to both Article 6 of the Law of the Republic of Tajikistan "On Inven tions" and the Law of the Republic  of Tajikistan "On the Legal 
Protection of Electronic Integrated Circuits" No. 218 of 22 December 2006, layout designs are 
protected under the latter Law, rather than under the Inventions Law.  WT/ACC/TJK/15 
 Page 69 
 
 
  Question 214 
In paragraph 198 of  JOB(05)/55/Rev.1, it is noted that Tajikistan's law apparently provides 
certain exceptions to exclusive patent rights, one of which is use for non-commercial purposes.  
What other exceptions exist to patent righ ts, and how do these exceptions comply with 
Article 30 of TRIPS on limited exceptions? 
Answer:  
In accordance with Article 30 of the Republic of Tajikistan "On Inventions", the following shall not 
be considered as violations of exclusive the rights of a patent holders: 
- Conducting scientific research or expe riment on devices containing inventions; 
- Use of objects containing inventions during emergency situations ( natural disasters, 
catastrophes, accidents); 
- One time production of medicaments upon the doctor's prescription; and - Use of objects, containing patented inventi ons, if these objects were put into commercial 
circulation lawfully in accordance with the pa tent holder's rights (exhaustion of rights).  
As TRIPS Article 30 requires, above listed excepti ons do not unreasonably conflict with a normal 
exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent 
owner, taking into account of the leg itimate interests of third parties.  
Question 215 
In paragraph 199 of JOB(05)/55/Rev.1, Tajikistan explains that Article 28 of its Law on 
Inventions complies with all of the requirements  of TRIPS Article 31 concerning the issuance of 
compulsory licenses.  Please identify, in detail, each provision in your law that corresponds with 
each safeguard identified in TRIPS Article 31. 
Answer:
 
Article 28 of the Law on inventions establishes cas es under which compulsory licence can be issued:  
- Non-use or insufficient use of a patent by the patent holder or a licensee during five years 
from the date of publication and in the event the proposed user has made efforts to obtain 
authorization from the right holder on reasona ble commercial terms and conditions and such 
efforts have not been successful within a reas onable period of time.  The right holder is 
informed properly by the court as the decision on granting the compulsory licence is shall be 
made by the court so that the final decision shall be communicated to both parties prmptly.  
This corresponds to requirments of Article 31 (b); 
- Compulsory licence can be granted to the pers on where such use is authorized to permit the 
exploitation of a patent ( "the second patent")  which can't be exploited without infringing 
another patent ("the first patent").  The scope  and duration of such use shall be limited 
(determined by the court) to the purpose for wh ich it was authorized.  The right holder shall 
be paid adequate remuneration.  This  corresponds to Article 31 (c) (l) (h); 
- Requirement for efforts to obtain authorization pr ior to its use can be waived in the case of a 
national emergency or other circumstances of extreme urgency (natural disasters, catastrophes, accidents) but the right holder sha ll be notified, the scope and duration of such 
use shall be limited to the purposes for which it wa s authorized and the right holder shall be 
paid adequate remuneration in the circumstances of each case.  This corresponds to Article 31 
(b), (c), (h); 
- Compulsory licence shall be non exclusive, which corresponds to Article 31 (d); and WT/ACC/TJK/15 
Page 70 
 
 
  - Compulsory licence shall be non-assignable, which corresponds to Article 31 (e). 
According to Article 37 of the Law on Inventions, all disputes arising from the application of the 
"Law on inventions", including disputes on compulsory licensing, are subject to judicial review, which corresponds to the requirement of TRIPS Article 31(i).  
It's planned to bring amendments to the Law on  inventions, which shall authorize the use of 
compulsory licence predominantly for the supply of the domestic market as required in TRIPS 
Article 31(f).  
Question 216 
Please explain the scope of the exception from infr ingement for uses of a patented invention "for 
needs without aiming to derive any income." 
Answer:
 
The phrase "for needs without aiming to derive any income" refers to non commercial purposes.  So, 
the use of patented invention for non commercial us e shall not constitute  infringement of exclusive 
rights of a patent holder.  
Question 217 
How does Tajikistan's law On Invent ions comply with TRIPS Article 34? 
Answer:  
According to Article 5 of the Law on inventions a patent granted for a process also applies to the 
product produced by using that process.  A new pr oduct is considered as produced by a patented 
process, unless there is an evidence of the contrary, according to TRIPS Article 34(a). 
- Plant variety protection Question 218 Please provide the Working Party with the most  recent legislation regarding plant variety 
protection. 
Answer:
 
Amendments to the "Law on seed farming" and th e "Law on protection of plant varieties" were 
adopted on 5 January 2008.  Copies of the texts with recent amendments will be submitted to WTO.  
- Requirements on undisclosed information,  including trade secrets and test data 
Question 219 In paragraphs 205 and 206 of JOB(05)/55/Rev.1, Tajikistan notes that its law does not require 
Government entities to prevent reliance by third parties on undisclosed information submitted 
by an innovator to obtain pharmaceutical or ag ricultural chemical regulatory approval, but 
that such use would be unfair competition unde r its law.  TRIPS Article 39(3) requires the 
Government to protect such information against unfair commercial use.  Considering that  WT/ACC/TJK/15 
 Page 71 
 
 
  Tajikistan considers third party reliance to be a form of unfair commercial use, please explain 
what steps Tajikistan is taking to ensure its la w is in compliance with TRIPS Article 39(3).  
Answer:  
According to Article 16 of the Law on inventions, all application materials with regards to inventions 
prior to their publication are considered confidentia l and cannot be subject to dissemination to third 
parties.  
Article 153 of the Civil Law "Official and commercia l secret" provides for protection of official and 
commercial secret: 
Article 153 of the Civil Code: "Civil legislation protect s information, which is part of the official or 
commercial secret, and if the information contains real or potential commercial value due to three 
factors:  1) the information is not known to third parties; 2) there is no free access to the information 
on legal basis; 3) the holder of the information take s measures for protection the confidentiality of the 
information.  Persons, who obtained the informati on unlawfully, as well as officials (despite the work 
contract) or agents ( despite the contract terms )  must cover the damages.  
Article 278 of the Criminal Code provides for lia bility for unauthorized publication to the third 
parties. 
- ENFORCEMENT 
- Civil judicial procedures and remedies Question 220 What law governs the imposition of administra tive penalties for illegal use of trademark? 
Answer:
 
Administrative penalties for illegal use of trademar k is stipulated in the "Law on competition and 
restriction of monopolistic activity".  It's pla nned to prepare amendments to the Code on 
administrative violations with the special chapter on penalties for intellectual property rights violations.  
Question 221 Please provide the Working Party with a translat ion of Article 80 of the Criminal Procedure 
Code. 
Answer:
 
- Article 80.  Measures applied to the evidence discovered in the criminal case 
 The final sentence, holding or resolution on term ination of the case shall contain the provision 
with the following measures to be ta ken with regards to the evidence: 
 1) instruments of the violation of the accused, shall be seized and transferred to 
appropriate organizations or destroyed; WT/ACC/TJK/15 
Page 72 
 
 
   2) goods banned from being put into commercia l circulations, shall be transferred to 
appropriate organizations or destroyed; 
 3) goods with no value and that can't be used, are subject to destruction, and in the 
events of requests by interested parties or organizations, such goods can be 
transferred to respective parties or organizations; 
 4) money or other valuables, obtained by committing offensive acts, are subject to being 
appropriated by the State; the remaining goods shall be returned to the lawful owners; 
when the lawful owners are unknown, the remaining goods shall be appropriated by 
the State.  If the disputes arise as to the origins of the goods,  such disputes shall be 
reviewed according to the rules of civil proceedings; 
 5) documents which were presented as eviden ce shall be incorporated to the files and 
kept in the files for as long as the files are kept, or transferred to interested 
parties/organizations." 
Question 222 
According to Tajikistan's replies to previous questions on enforcement of trademark law, 
Tajikistan's laws mention "significant damage" ca used by the illegal use of trademark.  How is 
the "significance" of the damage determined?  Is it defined in the Law on Trademarks and Service Marks?  If so, please identify the relevant provision. 
Answer:
 
The "Law on Trademarks" contains only the general provision stipulating for liability of persons and 
legal entities for infringement of trademarks in acc ordance with the legislation of the Republic of 
Tajikistan.  Enforcement measures are stipulated in the Civil Code, the Code of Administrative 
Violations, and the Criminal Code.  The Article  156 of the Criminal Code determines the amount 
exceeding a thousand times of the minimal salary as a "significant damage".  
Question 223 
Please identify the relevant laws (and articles) that govern the following procedures in civil 
cases: (a) production of evidence by the opposing  party, (b) damages awarded for violation of 
intellectual property rights, and (c) seizure of the infringing goods. 
Answer:  
(a) Articles 33-39, 40-41 of the Code of Civil Procedure of the Republic of Tajikistan, the 
Article 63 of the Code of Criminal Pr ocedure of the Republic of Tajikistan; 
(b) Articles 11, 15, 1137 of the Civil Code; and 
(c) Articles 11, 1137 of the Civil Code, Article 80 of the Code of Criminal Proceedings of the 
Republic of Tajikistan. 
Question 224 
What articles under the new Civil Procedure Code, Economic Courts Procedure Code, 
Criminal Procedure Code and/or any other Tajikist ani laws enable judicial authorities to order 
prompt and effective provisional measures to prevent an infringement of any intellectual property rights?  WT/ACC/TJK/15 
 Page 73 
 
 
  Answer:  
The Civil Procedure Code (Articles 33, 41) applies to  all categories of civil cases, not exclusively to 
the cases arising out of disputes on IPR violations.  
Question 225 
Generally with respect to border measures: 
Has the new Decision on the Rules for Customs Control on the Transfer of Goods Containing 
Intellectual Property been implemented? 
Resolution of the Government 185 "On procedures of customs control for the transfer of goods 
containing" of 3 April 2003:  Has it been used in  practice to stop the transfer of infringing good 
across the Tajikistan border? 
Answer:  
The decision on the procedures of customs control on the transfer of goods containing intellectual 
property is in effect in the Republic of Tajikista n, however, there were no cases in practice.  
Chapter II of the "Provision on customs control of the transfer of goods containing objects of IPR" 
provides the list of information required for Cust oms from the right holder in cases of suspension of 
goods.  
- Provisional measures 
Question 226 Referring to Question 129 of WT/ACC/TJK/11, please provide the Working Party with a 
translation of Articles 140-147 of the Civil Procedure Code. 
Answer:
 
It should be noted, that on 5 January 2008, a new edition of the Civil Procedure Code was adopted in 
the Republic of Tajikistan.  Articles 142-147 of Chap ter 13 of the Code contain provisional measures.  
Translation of Articles 142-147 is available fo r consultation (WT/ACC/TJK/15/Add.1 refers). 
- Administrative procedures and remedies 
Question 227 
Referring to Question 130 of WT/ACC/TJK/11, ref erence is made to Ar ticle 158(2).  Please 
identify the Code in which this article is located and provide the Working Party with a 
translation of the language in the article. 
Answer:  
The answer to this question with the attached translation of this Article was submitted in the 
document WT/ACC/TJK/13.  WT/ACC/TJK/15 
Page 74 
 
 
  Question 228 
In response to Question 131 of WT/ACC/TJK/11, Taji kistan states that the Law on Competition 
does not provide for fines for violation in the sphere of intellectual property.  However, the 
reply to Question 114 of WT/A CC/TJK/11 states that illegal use of foreign trademark is 
considered "unfair competition" under the Law of  Competition.  Is the Law of Competition 
applicable to the violations of intellectual property rights? 
Answer:  
The law on competition qualifies unauthorized use of trademark, service mark, trade name or a mark, 
as well as copying of the packaging, external desi gn of the good of another economic entity as a fact 
of unfair competition.  
Question 229 
Have the administrative penalties under the Code  of Administrative Violations and Criminal 
Code been applied to violations of intellectual property rights within the last two years? 
Answer:  
There have been no cases of application of Admini strative penalties under the Code of Administrative 
Violations and Criminal Code so far.  
- Special border measures 
Question 230 Referring to Question 135 of WT/ACC/TJK/11, please indicate the manner in which 
"insignificant quantities" would be determined. 
Regarding the response to Question 114 of WT /ACC/TJK/13, that there are no methods of 
determining what constitutes "insignificant quant ity" in either legislation or in practice, how 
would this exception for enforcement action (A rticle 444 of the Custom s Code) be interpreted 
and applied?  It is recommended that this excepti on be limited to a single copy of a work, for 
personal use, with limitations on the number of times the exception may be invoked during a 
specified period. 
Answer:
 
According to the Government Resolution No. 544 "R ules of transfer of goods by physical persons 
through customs border of Tajikistan based on si mplified and preferential procedures" (hereafter 
Rules) - goods imported for personal use shall be exempt from customs duties if their value does not exceed US$1,000 with the maximum weight of 50 kg.  If sent via international mail, the value shall 
not exceed the amount equivalent to 150 times of the minimal salary.  There are no limitations on the 
number of times or a specified period during which ex emption shall be invoked.  "Rules" apply to all 
kinds of goods including IP objects. 
Question 231 
Paragraph 215, page 53:  Item 10 of the CIS Heads of State Decision entitled Customs Bodies to 
suspend or withdraw the release of goods that  contained intellectual property if evidence 
indicated that the goods were counterfeited.  We also note that in reply to Question 138 of  WT/ACC/TJK/15 
 Page 75 
 
 
  WT/ACC/TJK/11, Tajikistan states that, Article 442 of the new Customs Code provides that, on 
request of the right-holder, the Customs Body can provide additional information that the 
right-holder may need in order to prove violation of his rights. 
Please could Tajikistan elaborate on whether the above-mentioned "additional information" 
includes the name, address and other details of the consignor, exporter or importer concerned, 
and the quantity of the goods suspended or  withdrawn from release by Customs? 
Answer:  
The customs body can provide additional inform ation, including address and other details of 
consignor, exporter or importer, as well as data  on the number of suspended goods or goods 
withdrawn from release. 
VII. TRANSPARENCY  
Question 232 Please explain what constitutes a "normative legal act" that would be subject to the publication 
and public notice and comment requirements described in paragraphs 226 and 227 of 
JOB(05)/55/Rev.1.   
In particular, do these requirements apply to a ll laws, regulations, judicial decisions, and 
administrative rulings of general application that affect trade in goods or services, or intellectual property rights, as required by th e relevant provisions of the GATT 1994, GATS, 
and TRIPS? 
Answer:
 
According to Article 6 of the Law on normative lega l acts, "official documents  adopted by the State 
body, authorized officials, or through a referendum,  containing instructions of general application, 
amending or repealing regulations are consider ed as normative legal acts".  The following are 
qualified as normative legal acts:  
- Constitution of the Republic of Tajikistan; 
- Laws of the Republic of Tajik istan, adopted by referendum; 
- Constitutional Law of the Republic of Tajikistan; - Laws of the Republic of Tajikistan; - Joint Resolutions by the Majlisi Milli and Majlisi Namoyandagon Majlisi Oli (Parliament) of 
the Republic of Tajikistan; 
- Resolutions of the Majlisi Milli Majlisi Oli of the Republic of Tajikistan; 
- Resolutions of the Majlisi Namoyandagon Ma jlisi Oli of the Republic of Tajikistan; 
- Decrees of the President of the Republic of Tajikistan; - Resolutions of the Government of the Republic of Tajikistan; 
- Acts of the ministries, State Committees and other Government bodies; - Acts of Majlises of peoples' deputies of th e Gorno-Badahshan autonomous region, regions 
and the city of Dushanbe; 
- Acts of the chairmen of the Gorno Badahsha n autonomous region, regions and the city of 
Dushanbe; 
- Acts of Majlises of peoples deputies of cities and districts; - Acts of chairmen of cities and districts; and - Acts of bodies of self-Government in the villages and settlements. WT/ACC/TJK/15 
Page 76 
 
 
  According to Article 5 of the Law, publication and in forming the public of normative legal acts is one 
of the requirements applying to normative legal act s.  Laws of the Republic of Tajikistan become 
effective after their official publication.  Article 54 of the Law requires for all laws of the Republic of 
Tajikistan be published in the offi cial language within 15 days of their execution by the President.  
Judicial decisions are not subject to publication as they don't qualify as a "normative legal act" 
according to the Law.  
Question 233 
Please identify by name those "official public ations" where the Government of Tajikistan 
publishes measures that affect trade in goods or  services, or intellectual property rights, as 
required by the relevant provisions of the GATT, GATS, and TRIPS. 
Answer:  
The Laws of Tajikistan are published in the o fficial language in the following publications: 
- Newspaper "Jumhuriyat"; 
- "The Law-book of the Republic of Tajikistan"; and - "Akhbori Majlisi Oli of the Republic of Tajikistan". 
 
_______________  
   WT/ACC/TJK/15
 Page 77ANNEX I 
Information on Licensed Activities  
 
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 
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  
  WT/ACC/TJK/15 
Page 78 Licensed Activity Authorized Govern ment Agency Legislative Framework 
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 
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  
   WT/ACC/TJK/15
 Page 79Licensed Activity Authorized Govern ment Agency Legislative Framework 
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 
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  
  WT/ACC/TJK/15 
Page 80 Licensed Activity Authorized Govern ment Agency Legislative Framework 
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 
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/TJK/15
 Page 81ANNEX II 
 
Table 1:  Information on Privatization of State Property by Sector  
Republic of Tajikistan 1991 - 2007  
 
 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 1403 107 71 84 78 60 42 42 19 1915 
Public catering 8 479 35 17 38 16 31 36 7 5 672 
Consumer services 17 1745 94 76 104 60 57 50 49 40 2292 
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 1826 
Assets under 
construction/uncompleted construction  1 111 19 3 0 0 0 5 7 2 148 
Other 1 560 181 102 102 84 66 41 78 72 1287 
TOTAL  39 5348 646 417 630 421 536 670 804 657 10168 
 
 
Table 2:  General Information on Privatization of State Property  
 
 1991 1992 - 
1999 2000 2001 2002 2003 2004 2005 2006 2007 Total 
State Property Units 
Privatized 39 5348 646 417 630 421 536 670 804 657 10168 
Of which:  Small Enterprises 
Privatized 36 5135 568 345 467 374 423 521 643 536 9048 
Of which:  Medium-size and Large Enterprises 
Privatized 3 213 78 72 163 47 113 149 161 121 1120 
Of which the ones subject to 
privatization under the Strategic 
Plan           4 5 9  
Privatized       130 141 134 14 419 
Liquidated or under liquidation 
process          11 13 24 
Remainder           16 
  
  WT/ACC/TJK/15 
Page 82 Table 3:  Information on Priv atized 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 
 
 
Table 4:  Information on the Enterprises not Privatized  
According to the Strategic Plan by Sector (2008)  
 
Sector Total 
Industry 7 
Construction 4 
Transport and communications 2 
Trade 1 
Public catering - 
Utility enterprises - 
Consumer services 1 
Public health - 
Social sector - 
Agriculture - 
Other 1 
Total  16 
  
   WT/ACC/TJK/15
 Page 83ANNEX III 
Information On Privatization of Eight Enterprises Listed in Question 8 of WT/ACC/TJK/13  
 
No. Name Privatization schedule Notes 
1. State Unitary Company TAJIKGAS To be determined Individual restructuring plan has been prepared 
and coordinated with the ministries and agencies to be submitted to the Government of the Republic 
of Tajikistan in the near future. 
2. OJSC BARKI TOJIK To be determined Individual restructuring plan has been prepared, 
coordinated with the ministries and agencies and 
submitted to the Government of the Republic of 
Tajikistan. 
3. OJSC  NAFTRASON 
(former TAJIKNEFTEPRODUCT) To be determined Individual restructuring plan is under preparation. 
4. State Unitary Air Company TAJIK AIR 
(former  State Unitary Air Company 
TOJIKISTON To be determined Individual restructuring plan has been approved by 
Resolution No. 175 of the Government of the 
Republic of Tajikistan (3 April 3 2007). 
5. State Unitary Company  ROKHI OUKHANI 
TOJIKISTON To be determined Individual restructuring plan is under preparation. 
6. 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, individua l privatization draft plan for the JSC 
TOJIKTELECOM should be prepared in accordance 
with the individual restructuring plan  Individual restructuring plan has been approved by 
Resolution No. 71 of the Government of the 
Republic of Tajikistan (3 January 2006). 
 WT/ACC/TJK/15 
Page 84 
 
 
  ANNEX IV 
List of Documents Required for Examination of Generics and Licensed Drugs  
Including Vaccines, Serums, and Veterinary Preparations  
 
1. Application for registration; 
2. Receipt to confirm the payment of the drug state registration fee; 3. Drug registration certificate issued by the producer country; 4. Information on the drug registration in other countries; 5. GMP certificate; 
6. Letter (original) from the guarantor firm to confirm the drug is produced under license.  The 
letter is issued for licensed drugs only; 
7. Core Data Sheet for the drug; 8. Regulatory documentation used for the drug quality control  (quantitative formula including 
adjuvants, quality factors for the drug and its active ingredients – specifications and  control 
methods (Pharmaceutical Norms and Regulations); 
9. Certificate of quality; 
10. Drug labeling and container system; 11. Information on the drug expiration date; 12. Brief description of technological process; 13. Findings of preclinical and clinical trial; 
14. Data on the drug’s pharmacoki netics and/or bioequivalence; 
15. Data (from printed sources or proprietary  ones) on pharmacological, toxicological, and 
clinical trial; 
16. Drug samples (five) and operational standards. 
  
   WT/ACC/TJK/15
 Page 85ANNEX V 
 
Table 9:  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 Licence 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/TJK/15 
Page 86 CC 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. 
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.  
   WT/ACC/TJK/15
 Page 87CC FEA Commodity description Type of measure Responsible authority Legislation WTO justification 
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/TJK/15 
Page 88 
 
 
  ANNEX VI 
 
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 and 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 
 
__________