RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TJK/13 
29 March 2006 
 (06-1449) 
Working Party on the  
Accession of Tajikistan Original:   English 
 
 
   
ACCESSION OF TAJIKISTAN 
 
Additional Questions and Replies
 
 
 The following submission, dated 27 February 2006,  is being circulated at the request of the 
Delegation of the Republic of Tajikistan.  
 
_______________ WT/ACC/TJK/13 
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  TABLE OF CONTENTS 
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE ......................................1  
2. Economic policies.............................................................................................................. ........1  
(a) Main directions ................................................................................................................ .........1  
(c) Foreign exchange and payments system .................................................................................3  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES ...........................................4  
1. Powers of executive, legislative and judicial branches of government.................................4  
3. Division of authority between central and sub-central governments...................................4  
4. Any legislative programme or plans to change the regulatory regime ................................5  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................6  
1.  Import Regulation.............................................................................................................. .......6  
(a) Registration requirements for engaging in importing...........................................................6  
(b) Characteristics of national tariff ............................................................................................. 8 
(d) Other duties and charges, specifying any charges for services rendered ............................8  
(e) Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............11  
(f) Import licensing procedures ..................................................................................................14  
(g) Other border  measures.......................................................................................................... .16 
(h) Customs valuation.............................................................................................................. .....18  
(k) Application of internal taxes on imports...............................................................................20  
(m,n,o)  Anti-dumping, Countervailing Duty and Safeguard Regimes............................................21  
2. Export Regulation.............................................................................................................. .....21  
- Export Subsidies ............................................................................................................... ......23  
3. Internal Policies Affecting Foreign Trade in Goods ............................................................23  
(a) Industrial policy, including subsidy policies.........................................................................23  
(b) Technical regulations and standards, including measures taken at the border 
with  respect to imports ....................................................................................................... ...24 
(c) Sanitary and phytosanitary measures, in cluding measures taken with respect to 
imports ........................................................................................................................ .............25  
(e) State-trading practices........................................................................................................ ....29  
(l) Government procur ement practices......................................................................................30  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................31  
1. General........................................................................................................................ .............31  
2. Substantive Standards of Protection.....................................................................................31  
(b) Trademarks, including  service marks...................................................................................31  
(е) Patents........................................................................................................................ ..............32  WT/ACC/TJK/13 
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  (f)
 Plant variety protection....................................................................................................... ...33 
(h) Requirements for undisclosed in formation, including trade secrets and test data...........33  
4. Enforcement .................................................................................................................... ........34  
(a) Civil judicial procedures and remedies.................................................................................34  
(c) Any administrative procedures and remedies......................................................................34  
(d) Any special border measures .................................................................................................34  
(e) Criminal procedures............................................................................................................ ...35 
ANNEX I........................................................................................................................ .......................36  
ANNEX II ....................................................................................................................... ......................40  
 
  WT/ACC/TJK/13 
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  II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE 
2. Economic policies (a) Main directions - Pricing Policies Question 1 
Regarding Paragraph 34 of JOB(05)/55: Could yo u please clarify the following sentence: "A 
similar procedure for the approval of airfares ha d also been established?  As airports in 
Tajikistan were subdivisions of the Tajik Air Company "Tajikistan", the services of these airport facilities were factored in the tari ffs for air transportation services and were not 
considered separately."  We would expect the ai rport owners in Tajikistan to establish separate 
and non-discriminatory tariffs for servi ces, in particular for ground handling . 
Answer:
 
According to the Law of the Republic of Tajikistan "On Natural Monopolies" the State Antimonopoly 
Agency implements pricing regulation by way of fixing prices, tariffs or their mark-ups.  All types of works and services, related to take-off and landing  of air transport, including terminal services are 
reflected in the cost of the air ticket.  The cost of the ticket for air transport is fixed with agreement of 
the State Antimonopoly Agency.  
- State Ownership and Privatization  
Question 2 With regard to WT/ACC/TJK/11, Question 2, we  appreciate the additional explanation on 
Tajikistan’s privatization plans. 
Please describe which agricultural sectors have been privatized.  In other words, which 
agricultural sectors are represented in the 91 per cent of agricultural state-owned enterprises? 
Answer:
 
All existing agricultural sectors of the Republic ar e represented in the 91 per cent of privatized 
State-owned enterprises, except for enterprises and object s in the areas of scientific and experimental 
manufacturing, which are part of the Academy of Sciences of the Republic of  Tajikistan and Academy 
of Agricultural Sciences (excluding enterprises pr oviding services), as well as state seeds and pedigree 
farms and agencies, selective hybrid centers, centers  and stations of new products testing, garden-
plants nurseries, nurseries of experimental animals, veterinary services and protection of plants  that are not subjected to privatization.  
Question 3 
What specific agricultural sectors are still not privatized? Answer:
 
See answer to Question 2.  WT/ACC/TJK/13 
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  Question 4 
We require further information on Tajikistan’s state-owned sector, and on any companies that 
trade on behalf of the government or enjoy any privileges in trade.  Please provide the following 
information:  
- Please list all firms and enterprises in Tajikistan that have significant levels of 
government or other forms of public ownership, e.g. 50 per cent or more.  
Answer:
 
List of all joint companies, where the participati on of the Government exceeds 50 per cent is attached 
(Annex I).  Please note that these enterprises are in the process of privatization.  
Question 5 
Please list all "natural monopolies". Answer:
 
As it was mentioned in the answer to Questi on 2 of WT/ACC/TJK/12 the following enterprises are 
classified as subjects of natural monopoly:  
1. Open Stock Company "Barki Tojik", pr oviding services on production and transmission of 
electric and thermal energy; 
2. State Unitary Enterprise (SUE) "Tojikgaz", providing purchasing, transportation and 
supplying services of natural gas through pipelines; 
3. State Unitary Enterprise "Tojikiston", re ndering services on aviation passenger and  freight 
transportation, transport terminal and airport services; 
4. SUE "Rohi Ohan" providing railway transportation services; transport terminal services; 
5. Stock Company "Tojiktelekom", providi ng services of public electric connection; 
6. State Department "Pochtai Tojikisto n", providing public postal services; and 
7. Enterprises of the Ministry of  Industry of the Republic of Tajikistan manufacturing products 
of military purpose. 
Question 6 
In what sectors of the economy  does the government have a significant presence through state 
owned and state controlled companies, e.g. mining , chemical production, or transmission? What 
is the government share in the sectors? 
Answer:  
At present in mining sector of the economy there are 8 enterprises, 4 of them involving foreign 
investors, with the share of government from 25 per cent to 51 per cent; the other 4 - being state 
owned enterprises.  All of them are subject to priva tization by the end of 2007.  There are also mining 
enterprises with 100 per cent of private cap ital in the Republic ("Zari Kuhiston").  
In the chemical sector presently out of 5 enterp rises 2 are joint ventures with the share of the 
government from 20 per cent to 40 per cent (JV "Tojik azot" and JV "Kimiyo"), 1 private enterprise, 
2 state owned enterprises, which are also pla nned to be privatized by the end of 2007.  
Government also retains a significant share in energy sector.   WT/ACC/TJK/13 
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  Question 7 
Has the government retained control over any of  the recently privatized large companies? 
Answer:  
Yes.  The Government retains control over large comp anies, privatized on tender basis for two years.  
Question 8 
Please list all firms and enterprises, whether or  not private or including government equity 
ownership, that trade on behalf of the government or where the government has designated granted privileges to it in Tajikistan not availabl e to other firms or enterprises, e.g. designated 
traders. 
Answer:
 
1. State Unitary Enterprise (SUE) "Tojikgaz", providing purchasing, transportation and 
supplying services of natural gas through pipelines; 
2. Open Stock Company "Barki Tojik", pr oviding services on production and transmission of 
electric and thermal energy; 
3. "Tajiknefteproduct", dealing with importation of oil products; 
4. State Unitary Aviation Enterprise "Tojikiston", rendering services on aviation passenger and  
freight transportation, transport terminal and airport services; 
5. SUE "Rohi Ohan" providing railway transportation services; transport terminal services; 
6. TadAZ (Tajik Aluminum Plant); 7. SUE "Khurokvori"; and 8. Stock company "Tojiktelecom", providi ng services on public electric connection. 
(c) Foreign exchange and payments system Question 9 With regard to WT/ACC/TJK/11, Question 3, Tajikistan states that legal entities and physical 
persons must obtain permission from the National Bank of the Republic of Tajikistan before establishing an account in a foreign bank.  In addition, residents must obtain permission from 
the National Bank of the Republic of Tajikist an to use foreign currency funds for capital 
account transactions abroad.  
Please describe the process for obtaining such perm ission.  Is permission automatically granted? 
What are the decision criteria applied by the Bank? 
Answer:
 
Terms and procedures of issue of permissions are set  out in the Instruction "Procedure of issue of 
permissions for opening accounts in foreign currency in banks outside the Republic of Tajikistan by 
residents" approved by the Board of the Na tional Bank of Tajikistan on 16 September 1997.  
Translation of the Instruction is availa ble through document WT/ACC/TJK/13/Add.1. 
The main decision criteria applied by the National Bank of Tajikistan for taking the decision on issue 
of permission is impossibility of realization of expected payments by applicant through his accounts 
opened in the banks of Tajikistan or through co rrespondent accounts of the serving Tajik banks, 
opened in foreign banks. WT/ACC/TJK/13 
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  Another basis is terms of treaties, contracts, agreements (export-import transactions, investments, 
loans) when the counterpart requires from the reside nt of the Republic of Tajikistan to open an account 
in a foreign bank.  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES 
1. Powers of executive, legislative and judicial branches of government 
Question 10 Thank you for your description of the provision s for publishing the laws, regulations, decrees, 
administrative rulings and other ruling of genera l application prior to enactment, contained in 
WT/ACC/TJK/11.  However, we note that your explanation provides that these provisions "can 
be published in the mass media" and that "Draft Laws may be published…"  
- Please describe whether, in practice, such  drafts are actually published or otherwise 
made available to public. In addition, please d escribe how the decision is made whether 
to publish or not.  
- Are the drafts published sufficiently in adva nce of consideration by the legislature so 
that interested persons have an opportunity to comment? 
Answer:
 
- There are no special criteria established for what exact kinds of draft normative-legal acts are 
to be published.  The responsible legislativ e body shall generally publish important draft 
normative-legal acts that directly involve the in terests of citizens, including any constitutional 
amendments. Importance of a particular draft is determined by the legislative body.  
- There are no norms, determining the term for the advance circulation of drafts in the Tajik 
legislation.  However, in practice time lim it of about one month is given for comments by 
interested parties. 
3. Division of authority between central and sub-central governments 
Question 11 
Thank you for the expanded description of the rel ationship between the Republic of Tajikistan 
and the Gorno-Badakhshan Autonomous Oblast.  
- WT/ACC/TJK/11 states that the laws, legislative regulations, presidential decrees, etc. 
apply in the GBAO "if otherwise is not determ ined…".  Please explain this qualification.  
Under what circumstances would the laws, reg ulations, decrees, etc. of Tajikistan not 
apply in GBAO? 
- If there is a conflict between the laws of Tajikistan and those of the GBAO, which law 
has precedence? 
Answer:  
- Any laws, legislative regulations, decrees, etc. are equally applied in the territory of GBAO. 
There are no predetermined cases where laws and regul ations are not applied in the territory of 
GBAO. Laws and regulations are not applied in th e territory of GBAO if it is stipulated in  WT/ACC/TJK/13 
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  those legislative acts.  For example, if a sp ecial quarantine regime is imposed in Khatlon 
region, then naturally this regulation shall not be  applied in the territory of GBAO.  Thus, the 
issue of concern shall be the character of the laws and not the autonomy of GBAO.  
- According to Article 16 of the Constituti onal Law of the Republic of Tajikistan "On 
Gorno-Badakhshan Autonomous Oblast" legi slation of Tajikistan would prevail over 
legislation of GBAO if there is any contradiction.   
4. Any legislative programme or plans to change the regulatory regime 
Question 12 Thank you for the list of recent legislative developments provided in WT/ACC/TJK/11, 
Question 7.  In addition, we appreciate the Legislative Action Plan, provided in 
WT/ACC/TJK/7.  
Please provide an update as to the progress of the legislation listed in response to Question 7 of 
WT/ACC/TJK/11, as well as the legi slation listed in WT/ACC/TJK/7.  
Answer:
 
An updated legislation action plan will be submitt ed before the next Working Party meeting. 
A Legislation Plan was submitted to WTO Secretar iat in document WT/ACC/TJK/7/Rev.1.  All the 
relevant legal texts are now in force. 
Question 13 
When will Tajikistan be able to provide translations of these important pieces of legislation for 
the Working Party to review? 
Most importantly, when will Tajikistan make a translated version of the new Customs Code 
available to the Working Party? 
Answer:  
Translation of all the legislation listed in the An swer to Question 7 of WT/ACC/TJK/11, including the 
new Customs Code is available in the WTO Secr etariat through document WT/ACC/TJK/13/Add.1. 
Question 14 
In addition, there are numerous other laws, decrees and regulations that pertain to Tajikistan’s 
accession that should be reviewed by the Working Party. The legal acts include: 
- Law "On regulation of foreign exch ange and foreign exchange control"; 
- New Law "On technical regulations"; - Law "On foreign investment in the Republic of Tajikistan"; - New laws on anti-dumping, countervailing duties and safeguard measures; 
- Law on "Free Economic Zones"; 
- Law "On government procuremen t of goods, works and services"; 
- Law No. 73 "On Veterinary Practices"; - Excerpts from the Civil Code (Part III, and Articles. 140-147); - Excerpts from the Criminal Code (Article 80, portions relevant to enforcement of IPR 
violations and amendments No. 35); WT/ACC/TJK/13 
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  - Law "On quarantine plants"; 
- Regulation: "On the procedure to implem ent hard currency control on exchange 
earnings in Tajikistan coming from the export of merchandise"; 
- New Regulation "On the order of export and import of precious metals and stones"; 
- Regulation No. 546 (dated 5 October 2001); 
- Regulation(s) implementing the new Customs Code; 
- Decree No. 62 (20 February 1998); - Decree No. 424: "On liberalization of currency  and export operations and measures to 
ensure the complete return of currency proceeds"; 
- Decree No. 310: "On approval of the Regula tion on forming and application of free 
prices and tariffs"; 
- Decree No. 533: "On Regulation of state Patent Fees"; - Resolution No. 111 "On measures to improve  foreign economic activities in the Republic 
of Tajikistan"; and 
- Temporary Regulation "On inventions, utility models and industrial designs". 
Answer:
 
All laws listed in the question have been submitte d to the WTO Secretariat, except for the Law on 
"Free Economic Zones", Part III of the Civil Code , which will be submitted upon completion of their 
translation.  
Draft laws "On Technical Regulation" and on anti dumping, countervailing measures and safeguards, 
Regulation "On the order of export and import of pr ecious metals and stones" are being worked out 
and will be presented to the Secretariat upon their completion.  
IV. POLICIES AFFECTING TRADE IN GOODS 
1.  Import Regulation (a) Registration requirements for engaging in importing Question 15 
Regarding Paragraph 48 of JOB(05)/55: Please confirm that following the elimination of 
registration requirements no restrictions on trad ing rights for foreign economic operators exist.  
Answer:
 
The Republic of Tajikistan confirms that following  the elimination of registration requirements no 
restrictions on trading rights for foreign economic  operators, which may contradict WTO rules and 
regulations, exist.  
Question 16 With regard to WT/ACC/TJK/11, Question 11, we a pplaud Tajikistan’s decision to eliminate the 
requirement that importers and exporters obtain a certificate from the Ministry of Economy and Trade and a registration card.  The abolis hment of this registration requirement is a 
positive step forward in making your trading ri ghts system more transparent and user friendly.  
Could Tajikistan please confirm that there a re no plans to impose a new registration 
requirement for importers a nd exporters in the future?  WT/ACC/TJK/13 
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  Answer:  
The Republic of Tajikistan confirms that there ar e no plans to impose new registration requirements 
for importers and exporters, which may c ontradict WTO rules and regulations.  
Question 17 
Could Tajikistan please describe what the remainin g requirements are to import and export, e.g. 
to be the importer of record and responsible for paying duties and securing any necessary 
import licenses.  Please distinguish these re quirements from those necessary to distribute 
imported or domestic goods in Tajikistan. 
Answer:  
Any legal entity or physical person registered in Ta jikistan for making business has the right to be the 
importer of record and be responsible for paying duties and obtaining any necessary import licenses.  
Such persons may implement the distribution of import on behalf of themselves in Tajikistan.  
Question 18 
Can a foreign natural or legal person be  the importer of record in Tajikistan? 
Answer:  
Any foreign physical person and legal entity, engage d in import and export activity in the Republic of 
Tajikistan has the right to be the importer of record.  
Question 19 
Tajikistan’s answer does not address the process for obtaining an Individual Taxpayer Number 
(ITN).  Could Tajikistan please provide a detailed description of the process that a foreign trader must follow to obtain an ITN. 
Answer:
 
Any legal entity and physical person, exercisi ng entrepreneurial activity, including export-import 
activities must be registered and s hould obtain ITN.  Foreign exporter that is non-resident in Tajikistan 
and making deliveries to Tajikistan is not obliged to have ITN.  In this case, the importer-resident of 
the Republic of Tajikistan should have the ITN.  Th e procedure for obtaining of ITN is regulated in 
Articles 45-46 of the Tax Code of the Republic of Tajikistan.  Text is av ailable through document 
WT/ACC/TJK/13/Add.1. 
Question 20 
Is the process to obtain an ITN the same for a domestic trader as for a foreign trader? 
Answer:  
Foreign non-resident exporters are not obliged to ob tain ITN in Tajikistan.  The process of issuance of 
ITN is same for all foreign and domestic legal ent ities and physical persons that are residents of 
Tajikistan.  WT/ACC/TJK/13 
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  Question 21 
We note that Tajikistan has not described anywhere in its Working Party documentation the 
regulatory regime for business entity formation.  For example, we assume that both domestic 
and foreign individuals can form sole proprietor ships, joint ventures, corporations, or limited 
liability companies.  
Could Tajikistan please provide a thorough descript ion of the legal entities that can be formed 
and any and all requirements that must be met to register? 
Answer:
 
Both foreign and domestic persons may create legal en tities in any form provided for in the Civil Code 
of the Republic of Tajikistan.  Ma in regulations, forms of creation, responsibilities of legal entities are 
envisaged in Chapter 4 (Articles 48-135) of th e Civil Code of the Republic of Tajikistan. 
The procedure for state registration of a legal entity  is provided for in Article 9 of the Law of the 
Republic of Tajikistan "On state registration of legal entities". 
Translation of Chapter 4 of the Civil Code and tr anslation of the Law of the Republic of Tajikistan 
"On state registration of legal entities" are available in the WTO Secretariat 
(see WT/ACC/TJK/13/Add.1).  
(b) Characteristics of national tariff 
Question 22 We look forward to reviewing Tajikistan’s ne w Customs Code, and will likely have additional 
questions on this issue at that time.  
According to WT/ACC/TJK/11, Question 16, seasonal duties may be implemented for up to six 
months, during which the regular duties are suspended. 
- Would Tajikistan please explain how a nd when would these duties be notified? 
- Although Tajikistan does not currently apply seasonal duties on any products, does 
Tajikistan plan to apply seasonal duties to any industrial goods? If so, please provide a list of goods. 
Answer:
 
- Agricultural products on which seasonal duties are to be applied will be indicated in tariff 
offers of the Republic of Tajikistan. Applica tion periods will be notified in advance on their 
application.  
- Presently, the Republic of Tajikistan has no plan s to apply seasonal duties to industrial goods.  
(d) Other duties and charges, specify ing any charges for services rendered 
Question 23 
We look forward to reviewing Tajikistan’s Cust oms Code, and may add additional questions on 
this topic at that time.   WT/ACC/TJK/13 
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  With regard to WT/ACC/TJK/11, Question 19, we welcome Tajikistan’s assurance that customs 
fees will be commensurate with the services offered and will not constitute indirect 
protectionism. 
Could Tajikistan please confirm that Cu stoms fees will not be assessed on an ad valorem  basis? 
Answer:  
Yes.  Tajikistan confirms that upon accession the customs fees will not be assessed on an ad valorem  
basis.  The new Customs Code stipulates that the fees will conform to Article VIII of the GATT.  
Question 24 
With regard to WT/ACC/TJK/11, Question 20, we commend Tajikistan’s efforts to bring its 
broker licensing requirements into conformity with  the WTO, and look forward to reviewing the 
new provisions in the new Customs Code.  Unt il we have the opportunity to review the new 
Customs Code, we have the following questions. 
What is the process for registering as a custom s broker? To which Ministry must a customs 
broker register, and is there an application process? 
Answer:  
Registration is done in a customs body as defined in th e Customs Code.  In order to be registered it is 
necessary to submit an application and attach th e necessary documents.  Criteria and registration 
process for inclusion in the Register of Custom s Brokers are described in Articles 140-141 of the 
Customs Code of the Republic of Tajikistan enacted  on 1 January 2005.  The text of the Code is 
available in the WTO Secretariat (see WT/ACC/TJK/13/Add.1). 
Question 25 Regarding the requirement that all customs brokers must obtain a certificate of competence 
before they can be registered and listed in the Register of Customs Brokers, how do customs 
brokers receive a certificate of competence? 
Answer:
 
In order to obtain a certificate of competence one  should pass the qualification exam in the customs 
body.  The process and criteria for obtaining the certif icate are described in Article 147 of the Customs 
Code of the Republic of Tajikistan.  Text is available in the WTO Secretariat (see WT/ACC/TJK/13/Add.1). 
Question 26 
Concerning "the regulations, which will determine the fee for the issuance of a certificate of 
competence of an expert on customs clearan ce are being drafted", how will the fee for the 
issuance of a certificate of competence be determined? 
Answer:
 
Resolution of the Government of the Republic of Tajikistan No. 472 as of 2 December 2005 has 
approved the rates of customs fees for provision of cu stoms services.  The translation of the text of the 
Resolution and its Annex will be s ubmitted to WTO Secretariat.  WT/ACC/TJK/13 
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  Question 27 
With regard to WT/ACC/TJK/11, Question 21, could Tajikistan please give us an update on the 
status of the new fee schedule for certificate of origin? 
Answer:
 
The issue is still under consideration.  During the process of accession the fee structure for certificate 
of origin will be improved in conformity with WTO requirements. 
Question 28 
In reference to WT/ACC/TJK/11, Question 28, we appreciate the explanation of the charges for 
customs clearance and welcome the change in the fee structure for this charge. 
Please describe the new fee structure.  Can Taji kistan confirm that the fee will not be an 
ad valorem charge? 
Answer:  
The new fee structure is attached to the Resolution of the Government of the Republic of Tajikistan 
No. 472 as of 2 December 2005 on Approval of the Rates of Customs Fees for Rendering of Customs 
Services.  Translation of the Resolution and its  Annex will be submitted to WTO Secretariat.  
For the second part of the question see the answer to Question 23. 
Question 29 
Tajikistan did not provide a description of the pu rpose for charges collect ed for the issuance of 
the licence to the customs brokers and renewal of the licence.  Could Tajikistan please explain 
this charge?  
Answer:  
According to the old Customs Code of the Republic of Tajikistan the customs bodies collected charges 
for the issuance and renewal of the licence for engagi ng in activity in the capacity of customs broker. 
However, these requirements were abolished by the new Customs Code of the Republic of Tajikistan.  
See also answer to Question 26 of WT/ACC/TJK/11. 
Question 30 
Regarding Paragraph 57 of JOB(05)/55: Please keep the Working Party informed about the 
ongoing review with a view to eliminating all WTO-inconsistent fees.  
Answer:  
Government of the Republic of Tajikistan adopted  Resolution No. 472 "On Approval of the Rates of 
Customs Fees for Rendering of Customs Services"  as of 2 December 2005.  Translation of the 
Resolution and its Annex will be s ubmitted to WTO Secretariat.  
  WT/ACC/TJK/13 
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  (e) Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 31 Regarding Paragraph 68 of JOB(05) /55: If possible, could you please also provide the volumes of 
alcohol imports, rather than only the monetary value?  
Answer:
 
An updated information with 2005 da ta will be submitted to the Working Party as soon as prepared.  
Question 32 
Please clarify whether any activity licence requireme nts exist in Tajikistan and if so, which ones. 
Answer:  
According to the Law of the Republic of Tajikista n "On Licensing of Separate Types of Activities" 
No. 37 as of 17 May 2004 more than 100 types of ac tivities are subject to licensing. Activity licence 
requirements are determined by "Regulation on sp ecifics of licensing of separate types of activities", 
which was adopted by the Resolution of the Govern ment of the Republic of Tajikistan No. 337 as of 
1 September 2005. 
The texts of the Law "On Licensing of Separate Ty pes of Activity" and Regulation "On speciality of 
licensing of separate types of activities" are available in the WTO Secretariat 
(see WT/ACC/TJK/13/Add.1). 
Question 33 
With reference to WT/ACC/TJK/11, Question 31, Ta jikistan has justified the introduction of 
quantitative restrictions on the import of alco hol and tobacco products as measures "necessary 
to protect human, animal, or plant life or heal th", i.e. Article XX(b) of GATT.  However, 
quantitative restrictions on agricultural products  are inconsistent with Article 4 of the WTO 
Agreement on Agriculture and seem to be more tr ade-restrictive than necessary.  In addition, 
there is no evidence that comparable restrictions  are applied domestically. Tajikistan should 
develop less trade-restrictive and WTO-consiste nt measures (i.e. not quantitative restrictions) 
and eliminate the current measures. 
With reference to WT/ACC/TJK/11, Question 32 an d 37, we appreciate the description of how 
the quotas for tobacco and alcohol are determined. 
- Could Tajikistan please describe the process by which the quotas are calculated? Does 
Tajikistan first calculate the amount of total consumption, and then apportion that amount between imports and domestic production? 
Answer:
 
Imposing quota on the import of ethyl alcohol was dict ated by necessity of protection of health and 
life of the population.  Free import and sale of et hyl alcohol as a primary product for production of 
alcohol products resulted in that large number of unlicensed illegal productions having used this 
primary product produced low qua lity and harmful alcohol produc ts.  Introduction of quota and 
allotment system limited the access to the primar y product for illegal producers.  Quotas on import of 
ethyl alcohol are formed on the basis of demands of  legal producers and consum ers.  At the same time, 
the quantity of import for such legal producers is not limited on the condition that such enterprises will WT/ACC/TJK/13 
Page 12  
 
  not allow outflow of the primary product to the ille gal productions.  Thus, dema nds shall be formed on 
the basis of planned volume of production, which is declared by the producers. That is, on the basis of need in primary product of each declarant.  In fact, total amount of quota makes up the total of all 
received declarations without any restriction.  Thus, even though called quota  it does not limit the 
amount of imported ethyl alcohol.  
Quotas on other alcohol products are calculated as  difference between total volume of domestic 
consumption and volume of domestic production.  
According to the Law of the Republic of Tajikistan on Licensing of Separate Types of Activity export 
and import of tobacco is not included in the list of activities subject to licensing.  According to 
Article 17 of the Law only produc tion of tobacco products  is subject to licensing.  That is, no 
quantitative restrictions on the import of tobacco goods are applied any more.  
Question 34 
Does the calculation provide for annual growth? 
Answer:
 
As it was mentioned in the answer to the Question 33, quotas on import of ethyl alcohol are formed on 
the basis of demands and accordingly the volume is not  predetermined.  Depending on the number of 
declarations received quotas on ethyl alcohol for the next year may be higher or lower than those 
determined for the current year.  
Volume of consumption of other alcohol products  provides for annual growth of 3 per cent.  
Question 35 
Does the percentage of total consumption supplied by  imports fluctuate over the years, or is that 
percentage fixed? 
Answer:  
It is fluctuating.  
Question 36 
Could Tajikistan please provide the size of the qu otas for imported tobacco and alcohol for the 
past three years, as well as the domestic vol ume of consumption, production capacities and 
production for the past three ye ars for tobacco and alcohol? 
Answer:  
Information on the size of quotas will be submitted in tabular form taking into account the year 2005 
in the nearest future.  
Question 37 
How does Tajikistan ensure that the administration  of such quotas does not afford protection to 
domestic production?  WT/ACC/TJK/13 
 Page 13 
 
 
  Answer:  
Import of ethyl alcohol is implemented without an y restrictions and consequently does not afford 
protection to domestic production. 
Quota system for import of other alcohol products reserves the market share for domestic production. 
Question 38 
With regard to WT/ACC/TJK/11, Question 33, we  look forward to receiving a copy of the 
charter or law that establishes the responsibilities of the "Khurokvory" Corporation. 
Please describe the specific functions of the "Khurokvory" SOE. 
Answer:  
Specific functions and responsibilities of SUE "Khurokv ori" are stipulated in the Charter of the 
Enterprise.  Copy of the Charter is availa ble through document WT/ACC/TJK/13/Add.1.  
Question 39 
Is the only function of the "Khurokvory" SOE to  issue licenses that administer the quota for 
imports of alcohol and tobacco products? 
Answer:  
See the answer to Question 38 above.  
Question 40 
Please explain the process by which the Corporat ion decides who is issued import quotas and 
licenses. 
Answer:  
Quotas on import of ethyl alcohol are issued to a ll legitimate producers and consumers.  Legitimate 
producers are those enterprises, which have licence  for production of alcohol products.  Legitimate 
consumers are those organizations that have  special permission of the Government.  
Corporation collects declarations from all interested persons and on the basis of these declarations the 
size of quota for the next year is determined.  A ll declarations of legitimate producers and consumers 
submitted in due time are included in quota. All de clarants whose declarations were included in the 
quota automatically obtain the right for import. 
Any person has the right for import of other alcohol  products.  Quotas are granted on the principal of 
first come first served.  
Question 41 
With regard to WT/ACC/TJK/11, Question 39, we appreciate the narrative description of the 
covered products. 
Could Tajikistan please provide the HS numb ers for the products on which it maintains 
quantitative restrictions? WT/ACC/TJK/13 
Page 14  
 
  How are the quantitative restrictions administered, if not by licenses? 
Answer:
 
Please note that these quantitative restrictions do no t apply to imports. See Export Regulation section 
below.  
Question 42 
We do not understand Tajikistan’s response that "imports of these products are carried out 
without any restrictions…".  Could you please explain this statement? 
Answer:  
It means that quantitative restrictions for import of these goods are not applied. 
(f) Import licensing procedures 
Question 43 
In Table 3 of the Secretariat’s Factual Summa ry (JOB(05)/55), the Secretariat has listed the 
products subject to import licensing restrictions.  It would be very helpful if Tajikistan could 
supplement the list to add a column identifying th e relevant ministry(ies) that issue the licence 
for each product and a third column summar izing the procedures for obtaining a licence.  
Answer:  
Please see Annex II. 
Question 44 
Does Tajikistan require an import licence (i.e. besi des any activity license) to import live plants? 
Answer:  
No.  Import licence for live plants is not required. Question 45 Tajikistan has acknowledged that authorization from the Ministry of Agriculture is required to 
import agricultural, decorative herbaceous crops (including their seeds) and silkworms 
according to the Decree No. 62 of 20 February 1998 of the Government of Tajikistan.  Please provide us with a copy of this decree and a description of how these requirements are 
administered. 
Answer:
 
Please note that Resolution of the Government  of the Republic of Tajikistan No. 62 as of 
20 February 1998 set measures applied only during 1998.  So, this Resolution is not applied any more.   WT/ACC/TJK/13 
 Page 15 
 
 
  Question 46 
With regard to WT/ACC/TJK/11, Question 42, we  appreciate the extensive description of 
Tajikistan’s import licensing regime. For furth er clarity though, we would appreciate responses 
to the following questions: 
Regarding the import licensing regime for drugs and chemicals: 
- Do domestic entities have to follow the same  procedures to obtain an import licence?  
- What is the purpose of having the licence notarized? - Are licenses automatically renewed? If not, wh at steps does the licensee need to take to 
renew the licence?  
- What is the fee for processing and issuing the import licence?  
Answer:
 
- Yes. Procedures for obtaining permission for export and import of medicines and medical 
goods are same for domestic and foreign enterprises. 
- It is not required to notarize the licence. - The licenses are not automatically renewed.  In order to renew the licence a licensee has to 
apply for a new licence in accordance with the procedures to be followed for obtaining a 
licence. 
- The issue of fees for processing and issuing of  an import licence is dealt with in the new 
Regulation No. 337 "On specifics of licensing of separate types of activities" adopted on 1 September 2005.  The translation of the Re gulation is available from WTO Secretariat 
(see WT/ACC/TJK/13/Add.1).   
Question 47 Tajikistan estimates that the time required for obtaining an import licence is between one and 
25 working days.  The WTO Agreement on Import Licensing requires that all automatic licenses 
be approved immediately if administratively feasible, but within a maximum of 10 working 
days. 
- When does Tajikistan plan to bring its impo rt licensing system into compliance with the 
WTO Agreement on Import Licensing? 
- Are the licenses at issue automa tic or non-automatic licenses? 
Answer:
 
- Definition of automatic and non-automatic lic ensing is not embodied in the legislation of 
Tajikistan.  The licensing system will be changed if it contradicts to the WTO requirements 
before accession to WTO.   
- Non-automatic.  WT/ACC/TJK/13 
Page 16  
 
  Question 48 
Regarding the discussion of non-automatic li censes for pharmaceutical and medical products 
could Tajikistan please provide a table that lists all the goods subject to licensing by HS number. 
Answer:
 
There is no licensing requirement for import of i ndividual pharmaceutical and medical products.  To 
import such products, the importer must have an activity licence.  The product concerned and its 
producer must be registered in Tajikistan.  If th ese two criteria are met, any quantity of the product 
may be imported, with exception of narcotics and psychotropic where quotas are imposed.  In connection with the registration of the product, a manufacturer should indicate in which countries it is already registered.  After the end of a 5 year pe riod, the registration can be extended for further 
periods for half the fee for the first period. In  emergency situations pharmaceuticals and medical 
equipment may be imported without registration.  The normal period for obtaining a registration is 2-6 
month from the date of application.          
Question 49 
Tajikistan has acknowledged that it requires an import licence for the importation of 
cryptographic devices, including cryptographic equipment, spare parts, and cryptographic 
software.  Nearly all WTO members require licen ses only for the export of products with 
cryptographic equipment, in accordance with the Wassenaar Agreement.  Tajikistan has 
provided very little information on the scope, pr oduct coverage and procedures for obtaining an 
import licence for cryptographic equipment.  This  broad licensing requirement could jeopardize 
trade in everyday technology goods such as cell phones and laptops which contain encryption 
equipment and software.  We would like Tajikistan  to provide some additional information on 
this licensing regime and how it is applied. 
a) Please provide by HS number the products  that are subject to import licensing. 
b) What are the registration requirements? How lo ng does it take to get an import licence?  
c) Are the licenses issued on an au tomatic or non-automatic basis? 
Answer:
 
a) This licensing requirement does not apply to daily technological goods such as cell phones 
and laptops, which contain cryptogra phic equipment and software.  
b) Detailed information on these issues is  provided in the Regulation No. 337 as of 
1 September 2005.   The text is available from WTO Secretariat (see WT/ACC/TJK/13/Add.1).  
c) The licenses are non-automatic.  
(g) Other border measures 
Question 50 Regarding Paragraph 88 of JOB(05)/55: Please keep the Working Party informed about the 
planned elimination of the ad valorem  fee for certificates of origin.  WT/ACC/TJK/13 
 Page 17 
 
 
  Answer:  
The matter is still under consideration.  In the m eantime, we confirm, that this practice will be 
abolished before accession to the WTO. 
Question 51 We appreciate Tajikistan’s willingness to work  to eliminate the Tajik Universal Commodity 
exchange.  However, with regard to WT/ACC/TJK/11, Questions 45 and 80 and WT/ACC/TJK/5, Question 17, Tajikistan’s answer s still do not fully respond to the request for 
information.  We are concerned with Tajikistan’s  lack of responsiveness on this issue, and about 
the conformity of the commodity exchange with the WTO.  As noted, we will need to understand 
the measures before we can "agree" to any tr ansition period for their elimination.  
Could Tajikistan please "explain in full the opera tion of the requirements for mandatory sale of 
specified commodities throug h the commodity exchange…". 
Answer:
 
Please note that Tajikistan does not plan to elimin ate Tajik Universal Commodity Exchange (TUCE) 
as it is mentioned in the comment above.  The issu e was gradual elimination of a requirement on 
mandatory sale of certain goods for export through the TUCE.  In order to export goods, listed in the Resolution No. 237 of 8 June 2001 it is necessary to obtain them in the auctions of TUCE.  However, 
if sale for export is not implemented through TUCE , then the exporter is obliged to register his 
contract at the TUCE. TUCE issues conclusion for such a contract that should be submitted to the 
customs bodies while exporting.  Without the conclu sion the customs bodies shall not release the good 
for export.  A criterion for registration at TUCE is the price of a contract.  If the price of the contract is 
equal or higher than the price at the exchange the c ontract is registered and the conclusion is issued.  
But, if the price is significantly lower that the ex change price, then TUCE issues negative conclusion, 
which becomes the basis for refusal to  export.  It should be taken into account that prices at TUCE are 
set on the basis of market principles of demand and supply.  Thus, this measure is directed at restraint 
of capital outflow by way of understating prices in the export contracts.     
Question 52 
We would appreciate a detailed explanation of how this exchange works in conjunction with the 
mandatory requirement for pre-payment of certain exports. 
Answer:
 
Administration of mandatory sale and 100 per cent prepayment requirements is implemented 
separately.  TUCE is not involved in the process of administering the 100 per cent prepayment requirement.  Requirement for 100 per cent prepayme nt is administered through the National Bank of 
Tajikistan and commercial banks of Tajikistan.  Serving bank in Ta jikistan issues confirmation that 
100 per cent payment on export contract has been r eceived and on the basis of it the customs bodies 
issue permission for release of goods for export.  Thus, requirement for mandatory sale through the 
TUCE is directed at prevention of price understati ng, and 100 per cent prepayment requirement  is 
directed at securing full earnings from the export of  goods to the Republic of Tajikistan.  100 per cent 
prepayment requirement was imposed for fighting with capital outflow in the cases when a good is 
exported and payment for export is left in off-shore zones outside the country.  WT/ACC/TJK/13 
Page 18  
 
  Question 53 
How does your government decide which commo dities are subject to the prepayment 
requirement? 
Answer:
 
In determining the list of goods s ubject to 100 per cent prepayment the Government makes its decision 
on the principle of most frequent used goods th e export of which is used for capital outflow.  
Question 54 
Does Tajikistan have plans to eliminate the mandatory prepayment requi rements, and if not, 
please explain how this measure is consistent with Article XI of the GATT. 
Answer:  
Prepayment requirement is not directed to restricti on of the quantity of export.  This requirement is 
necessary for securing the implementation of m easures on prevention of deceptive practices. 
Nevertheless, Tajikistan plans to eliminat e this measure before accession to WTO. 
Question 55 
Could Tajikistan please explain why it needs a tr ansition period to eliminate the exchange? How 
long does Tajikistan expect the transition peri od to last? Does Tajikistan envision that the 
commodity exchange mechanism be phased out, or eliminated all at once? 
Answer:  
At present, the Government is working on creati ng control mechanisms over capital outflow, which 
shall be less restrictive and burdensome for legitimate tr ade.  It is planned that this requirement will be 
eliminated gradually by way of reducing the num ber of goods subject to mandatory sale through 
TUCE.  It is expected that the work will be completed within two years.  
Question 56 
With regard to WT/ACC/TJK/12, Question 5, please explain why the goods listed are considered 
"strategic products".  In addition, please provide the law that regulates this mandatory 
100 per cent pre-payment requirement.  
Answer:  
The term "strategic" is not precisely determined in the Tajik legislation.  These are important export 
goods often having significant share in the structure of exports.  
Translation of the Presidential Decree No. 424 "O n liberalization of curre ncy and export operations 
and measures to ensure the complete return of currency proceeds" of 24  February 1996 is available at 
WTO Secretariat (see WT/ACC/TJK/13/Add.1).  
(h) Customs valuation Question 57 Regarding Paragraph 76 of JOB(05)/55: Please tran smit a copy of the new Customs Code to the 
WTO Secretariat.  WT/ACC/TJK/13 
 Page 19 
 
 
  Answer:  
A translated copy of the new Cust oms Code is available in the WTO Secretariat in electronic format 
(see WT/ACC/TJK/13/Add.1). 
Question 58 
As noted above, we look forward to having the opportunity to review Tajikistan’s new Customs 
Code.  Concerns remain as to the consistency of  Tajikistan’s customs laws with the WTO, and 
hence we will submit additional questions at that time. 
With regard to WT/ACC/TJK/11, Question 47, we applaud Tajikistan’s move to incorporate the 
WTO Customs Valuation Code and its Interpre tive Notes into the new Customs Code and 
implementing legislation.  We request that Tajiki stan provide a translation of the regulations as 
soon as possible for our review.  
Answer:  
Draft of the Regulation on methods of applying customs valuation has been worked out, where 
provision of Interpretive Notes is envisaged.  Prese ntly, this Regulation is supplied to the relevant 
ministries and agencies for agreement.  Upon adoption the translation of the Regulation will be 
provided for your reference. 
Question 59 
With regard to WT/ACC/TJK/11, Question 53, Tajikistan claims that the publication 
requirements set forth under Article 12 of the WTO Valuation Agreement are fully 
implemented by Regulation No. 546, dated 5 October 2001.  Tajikistan should provide a translation of this regulation in order for us to assess whether Article 12 has been implemented. 
Answer:
 
"Regulation No. 546" should be read as "Regula tion No. 456".  Item 14 of the Regulation contains 
requirement on publication.  A copy of the Regulation is available from WTO Secretariat (see WT/ACC/TJK/13/Add.1).  
Question 60 
Tajikistan has not yet responded to the WTO Customs Valuation Questionnaire.  We look 
forward to Tajikistan’s response to this quest ionnaire based on the information in the new 
Customs code, as we believe that it will fac ilitate our understanding of Tajikistan’s customs 
valuation procedures. 
Answer:
 
Answers to the questionnaire will be submitted as soon as available. WT/ACC/TJK/13 
Page 20  
 
  (k) Application of internal taxes on imports 
Question 61 Value Added Tax:
 
With regard to WT/ACC/TJK/11, Question 68, are the services listed exempt from VAT if 
performed by a foreign national as well as by a Tajik national?  
Answer:  
Yes.  According to Article 211 of the Tax Code of  the Republic of Tajikistan services listed in Answer 
to Question 68 WT/ACC/TJK/11, are exempted fr om VAT regardless if performed by a foreign 
national or by a Tajik national.  
Question 62 
With regard to WT/ACC/TJK/12, Question 13, imports of cotton and cotton fiber are not 
exempted from VAT.  We note that laws that a pplying additional charges to imported products 
violate Article III (National Treatment) and should be eliminated upon accession. 
Answer:  
Answer pending. Question 63 Regarding Paragraph 60 of JOB(05)/55: Please pr ovide further clarification on the requested 
transitional period. 
Answer:
 
With adoption of the new Tax and Customs Cod es of the Republic of Tajikistan (enacted on 
1 January 2005) working groups were created in the Ministry of State Duties and Revenues, on 
development of normative-legal acts for implementa tion of provisions of the Tax and Customs Codes 
of the Republic of Tajikistan.  
The transitional period is required for bringing the existing national legislation in conformity with 
adopted Tax and Customs Codes of the Republic of Ta jikistan, as well as preparation and enacting of 
normative-legal acts on realization of provisions of  the Tax and Customs Codes of the Republic of 
Tajikistan  
Question 64 
Regarding Paragraph 63 of JOB(05)/55: We do no t share Tajikistan's view that cognac and 
vodka are not like products. 
Answer:  
Answer pending.  WT/ACC/TJK/13 
 Page 21 
 
 
  (m,n,o) Anti-dumping, Countervailing Duty and Safeguard Regimes 
Question 65 We look forward to reviewing Tajikistan’s new legislation on trade remedy laws.  Until 
translations have been provided, we have the following questions: 
- Can Tajikistan confirm that it will not apply any anti-dumping, countervailing or 
safeguard measures until it has notified and implemented laws in conformity with the 
provisions of the WTO Agreements on the im plementation of Article VI, on Subsidies 
and Countervailing Measures and on Safeguards? 
- Also can Tajikistan please confirm that any ne w legislation is in full conformity with the 
relevant WTO provisions? 
Answer:
 
- Tajikistan confirms that it will not apply any antidumping, countervailing or safeguard 
measures unless the laws in conformity with WTO Agreements are enacted.  
- Yes, upon accession the relevant legislation will be  in full conformity with WTO provisions.  
2. Export Regulation 
Question 66 
Regarding Paragraph 103 of JOB(05)/55: Please pr ovide further clarification on the request for 
a transitional period to abolish the requirement  to export specified commodities only via the 
Tajik Universal Commodity Exchange. 
Answer:  
At present, the Government is working on creati ng control mechanisms over capital outflow, which 
shall be less restrictive and burdensome for legitimate tr ade.  It is planned that this requirement will be 
eliminated gradually by way of reducing the numbe r of goods subject to mandatory sale through Tajik 
Universal Commodity Exchange.  It is expected that  the work will be completed within two years.  
Question 67 
Regarding Paragraph 109 of JOB(05)/55: Can the required export licence for scrap metal be 
obtained automatically? 
Answer:  
In Tajikistan there are no procedures for granting automatic licensees.  
Question 68 
Tajikistan has noted that export duties have b een levied only in exceptional circumstances. 
Please describe in detail under what circumstances duties may be levied and what products have 
been subject to duties. 
Answer:  
Tajikistan does not levy export duties and h as not levied such duties in the past. WT/ACC/TJK/13 
Page 22  
 
  Question 69 
Other than the fee for the manda tory certificate of origin, are there other fees on export 
(e.g. customs fees or export licenses)? 
Answer:
 
A customs clearance fee will have to be  paid.  See answer to Question 23. 
Question 70 Please address whether Law No. 3 and Law No.  822 are consistent with Article XI of the GATT 
with regard to quantitative export restrictions, bans and quotas. 
Answer:
 
Yes.  The Law No. 3 on Foreign Economic Activity of the Republic of Tajikistan" 
(27 December 1993) and the Law No. 822 on State Re gistration of Foreign Economic Activity do not 
provide for imposition of quantitative restrictions that  are not in conformity with Article XI of the 
GATT. 
Question 71 
How does the export licence by the Ministry of  Industry for ferrous non-ferrous scrap exports 
differ from the licenses issued by the Ministry of Finance? Are these licenses automatic? Are 
there fees associated with these licenses? We would appreciate your assurances that these 
licenses would be reformed to be in conformity with WTO rules and disciplines.  
Answer:  
According to Chapter 51(2) of the Resolution of  the Government of the Republic of Tajikistan 
No. 337 as of 1 September 2005 Ministry of Industry of the Republic of Tajikistan is responsible for 
licensing processing of scrap and diet of precious meta ls into final output; refi ning of precious metals; 
recuperation of precious stones.  Ministry of Finance of the Republic of Tajikista n issues licenses for purchasing from the population of 
jewelry and other household goods ma de of precious metals or stones as well as scrap of such goods, 
wholesale and retail activity. 
These licenses are non-automatic an d are activity licenses, not licenses for export of particular 
products.  
According to the law of the Republic of Tajikista n on Licensing of Separate Types of Activity for 
consideration of application for licence issuance th e licensing agency levies a fee equal to 4 minimal 
wage rates. Besides, a licence fee equal to 10 mi nimal wage rates is dete rmined for obtaining a 
licence.  These fees are not to be refunded. In to tal for obtaining a licence for ferrous and non-ferrous 
metals 14 minimal wage rates are required. 
The text of the Resolution No. 337 as of 1 September 2005 is available from WTO Secretariat 
(see WT/ACC/TJK/13/Add.1).   WT/ACC/TJK/13 
 Page 23 
 
 
  - Export Subsidies 
Question 72 The Factual Summary, in paragraph 110, reports that the Representative of Tajikistan has 
asserted that "the introduction of any such sch emes in the future would be in conformity with 
the WTO Agreement on Subsidies and Countervailing Measures".  
Can Tajikistan confirm that it does not maintain  prohibited subsidies within the meaning of 
Article 3 of the Agreement on Subsidies and Countervailing Measures and that it will not introduce such prohibited subsidies in the future? 
Answer:
 
Tajikistan confirms that it does not apply export subsidies and import substitution subsidies in the 
meaning of Article 3 of the Agreement of Subsid ies and Countervailing measures and has no plans to 
introduce such subsidies in the future. 
3. Internal Policies Affecting Foreign Trade in Goods 
(a) Industrial policy, including subsidy policies Question 73 
With regard to WT/ACC/TJK/11, Question 82, we would appreciate Tajikistan’s confirmation 
that it does not provide any "indirect subsidi es" as defined under Article 1(a)(1)(iv) of the 
Agreement on Subsidies and Counterva iling Measures (Subsidies agreement). 
Answer:
 
Tajikistan confirms that it does not provide an y "indirect subsidies", as it is defined in 
Article 1(a)(1)(iv) of Agreement on S ubsidies and Countervailing Measures.  
Question 74 In addition, we would like to request further information regarding Tajikistan’s indirect tax 
system.  In particular, we seek explanations  concerning how Tajikistan provides rebates under 
its VAT tax system that conform to items (g) and/ or (h) of Annex 1 of the Subsidies Agreement. 
Answer:
 
The tax legislation provides for return of VAT a nd excise tax paid on import on their reexport from the 
territory of the Republic.  The refundable amount corresponds to the exact size of taxes paid on 
import.  It should be taken into account that size of  VAT and excise tax paid on import is equal to the 
one levied on the domestic goods.  Thus, size of refundable taxes on export does not exceed the size of taxes, which are paid in regard to id entical goods for domestic consumption.  
Question 75 
We appreciate the information on industrial subs idies provided thus far by the Government of 
Tajikistan in various Working Party documents. Ho wever, in order to facilitate progress in this 
area, we would like to encourage Tajikistan to make a comprehensive subsidy notification that 
would include information on all subsidies admi nistered by the Government of Tajikistan WT/ACC/TJK/13 
Page 24  
 
  (including subsidies provided by sub-federal governments) as provided under Article 25 of the 
Agreement on Subsidies and Countervailing Measures.  
Answer:
 
Answer pending.  
(b) Technical regulations and standards, in cluding measures taken at the border with 
 respect to imports 
Question 76 Regarding Paragraph 117 of JOB(05)/55: We understand that a Working Group has been 
established for the drafting of the Law.  What is its composition? 
Answer:
 
For drafting of the Law on Technical Regulation a Working Group headed by a Deputy Minister of 
Economy and Trade and Deputy Director of the agency of Standardization, Metrology, Certification and Trade Inspection was established. Representativ es of a number of interested ministries and 
agencies, including Ministry of Indu stry, Ministry of Agriculture, Minist ry of Health, Ministry of State 
Revenues and Duties, Ministry of Economy and Trad e, Ministry of Justice, Antimonopoly Agency, 
Chamber of Commerce and Industry, etc. as well as a representative of PRAGMA/USAID compose 
the Working Group.  
Question 77 
With regard to WT/ACC/TJK/11, Question 87, we applaud Tajikistan’s efforts to conform its 
fee schedule to the WTO. We look forward to  reviewing Tajikistan’s new legislation.  
Please describe how the fees for TBT certification will be determined. 
Answer:
 
The Draft Law of the Republic of Tajikistan On Tec hnical Regulation contains an item in Article 24 in 
the following formulation: "Work payment is impl emented by claimant and is summed from actual 
costs for conducting of works on compulsory conformity approval.  The cost of such works should be equal for local producers and importers.  
At present charges are formalized according to  document RD 50-002-2002 "Standards of labour 
output ratio and order of work payment on verifi cation and calibration of medium of measurement, 
standardization and certification of products, service s and accreditation of testing units" agreed with a 
number of ministries and approved by the Minist ry of Economy and Trade of the Republic of 
Tajikistan.  
Question 78 
How many mutual recognition agreements exist,  and with which countries? Does Tajikistan’s 
legislation provide for the acceptance of conformi ty assessment procedures of in other members 
based on conformity with applicable technical regulations in the absence of mutual recognition 
agreements?  WT/ACC/TJK/13 
 Page 25 
 
 
  Answer:  
To date intergovernmental agreem ents on cooperation in the area of standardization, metrology and 
certification are signed with CIS countries such as: Armenia, Byelorussia, Georgia,  Kazakhstan, 
Kyrgyzstan, Moldova, Russian Federation, Ukraine, Uzbekistan.  
Item 2 of Article 30 of the Draft Law On Technical Regulation reads: "Conformity assessment 
documents, conformity marks, protocols of tests of  products implemented outside of the Republic of 
Tajikistan are recognized in accordance with internati onal agreements of the Republic of Tajikistan.  
In case of absence of international agreements rec ognition of the results of conformity assessment and 
conformity marks may be carried out in the order es tablished by the Government of the Republic of 
Tajikistan." 
Question 79 How does Tajikistan plan to ensure that its mandatory standards (technical regulations) meet 
the requirements of the WTO from the date of accession regarding relevance for the health, safety, or life of plants, animals, or humans? 
Answer:
 
The Draft Law of the Republic of Tajikistan On Technical Regulations contains an item, setting 
requirements for technical rules of procedure in the following formulation.  
Technical rules of procedure are adopted only for the purpose of securing: - human life and health protection, including their separate categories; 
- prevention of actions that mislead consumers of goods; - environment protection; and 
- protection of animal and plant life and health.  
Adoption of technical rules of procedure in other than this purposes is not allowed.  
This Item corresponds to the provision of Item  2.2. of Article 2 of the WTO TBT Agreement.   
Question 80 
When will Tajikistan provide a functioning enquiry point for TBT issues? 
Answer:
 
The matter is still under consideration and Working Pa rty will be kept informed of the result. In the 
meantime, the WTO Division of the Ministry of Ec onomy and Trade will perform these functions.    
(c) Sanitary and phytosanitary measures, incl uding measures taken with respect to imports 
Question 81 Regarding Paragraph 131 of JOB(05)/55: Please pr ovide further clarification on how Tajikistan 
intends to incorporate all provisions of the SPS Agreement in Tajik legislation.  WT/ACC/TJK/13 
Page 26  
 
  Answer:
 
Some of provisions of SPS Agreement are included in the law "On Veterinary" No. 73 as of 
8 December 2003 and Law "On plants quarantine" No . 25 as of 12 May 2001.  Tajikistan intends to 
make further amendments after review of these laws by Members. (see WT/ACC/TJK/13/Add.1) 
Recently new draft Law "On Technical Regulations" is being working out, which also takes into 
account provisions of the SPS Agreement.  
Question 82 
As noted above, please provide a translatio n of Law No. 73 "On Veterinary Practices". 
Answer:  
The translation of the Law is available in the WTO Secretariat (see WT/ACC/TJK/13/Add.1). 
Question 83 We have several questions about Tajikistan’s WT O SPS checklist and how Tajikistan intends to 
comply with the provisions of the WTO SPS Agreement. 
Standstill: Please list all the SPS international st andard-setting bodies and agreements of which 
Tajikistan is a member.  Under what condition s would Tajikistan use different standards than 
those in the SPS international standard-setting bodies?  
Answer:
 
To date Tajikistan is member of the Internationa l Epizootic Bureau, the Intergovernmental Council on 
cooperation in the field of veterinary of CIS me mber countries, and Eurasian Economic Community.  
It is the intention of Tajikistan to join the Eur opean Organization for the Protection and Quarantine of 
Plants.  However, technical assistance will be required for this purpose.  Tajikistan applies FAO 
standard for Save and/or Harmless Fodders and Fodders Additives and cooperates with FAO in 
veterinary matters.  Tajikistan w ould use different standards only wh en national conditions make it 
necessary.   
Question 84 
Enquiry point: When does Tajikistan plan to have its enquiry point in operation? Once 
completed, please provide the name and contac t information of your SPS point of contact. 
Answer:  
The issue is under consideration. In the meantime, the WTO Division of the Ministry of Economy and 
Trade will perform these functions. 
Question 85 
Identification of authority: Please provide us with this information as soon as the authority has 
been established. 
Answer:  
Upon completion of the process the required in formation on this issue will be submitted.  WT/ACC/TJK/13 
 Page 27 
 
 
  Question 86 
Establish guidance: Does Tajikistan plan on establishing guidance and/or amending Article 45 of 
the Law on Normative Legal Acts to require agenc ies proposing legislation to publish them for 
comments?  
Answer:  
A proposal to this effect is being elaborated a nd when adopted, it will be submitted to the Working 
Party. 
Question 87 
Provision in law: The response here is unclear.  Does Article 49 only provide for the possibility 
of submitting draft legislation? Can Tajikistan  confirm that any interested parties can contact 
the enquiry point for referral to in formation for a specific measure? 
Answer:  
When the Enquiry Point has been establish ed, information will be available from it. 
Question 88 
Necessity: Could Tajikistan provide a copy of the Law on Quarantine Plants? Can Tajikistan 
confirm that any SPS measures are based on risk  assessments appropriate to the circumstances 
to achieve and appropriate level of risk? We also notice that no mention is made of any laws or 
regulations concerning human health.  If Taji kistan has such laws or regulations, could 
Tajikistan provide a translation of the laws as well as an explanation of the relevant portions?   
Answer:  
Translation of the Law No. 25 on Quarantine Plan ts as of 12 May 2001 was submitted to the WTO 
Secretariat in WT/ACC/TJK/6/Add.1 dated 27 January  2004.  In respect of risk assessment, see the 
answer to the Question 92 below.  In respect of human health, the main law is the Law on Protection 
of Health of the Population (15 May 1997, No. 419) .  There is also legislation concerning sanitary 
measures.  
Question 89 
Regulations based on science: Will Tajikistan amend legislation to specifically state that 
regulations governing animals and plant health a nd food safety shall be based on scientific 
evidence, before accession.  
Answer:  
Yes. 
Question 90 
Harmonization: We notice that animal and plan t international standards are mentioned, but 
food safety standards are not.  Could Tajikistan  please explain the harmonization of any laws or 
regulations concerning food safety standards?  WT/ACC/TJK/13 
Page 28  
 
  Answer:
 
The intention is to harmonize the legislation con cerning animal and plant standards and food safety 
standard with the international standards.  
Question 91 
Equivalence: While we recognize that Tajikistan has no provision in legislation concerning 
equivalence, does Tajikistan have a process of determining equivalence? If not, could Tajikistan 
briefly explain how it would determine equivalence?   
Answer:  
The principle of equivalence is recognized by Tajikistan.   
Question 92 
Risk assessment: Does Tajikistan plan to intr oduce any legislation or make any commitments 
that food safety and animal and plant health re gulations are based on risk assessments? If so, 
when? How does Tajikistan implement policies rela ted to food safety? Does Tajikistan perform 
its own independent risk assessment?   
Answer:  
The relevant legislation of Tajikis tan is already based on risk assessment.  In respect of food safety, 
Tajikistan performs its own independent risk assessment. 
Question 93 
Regional conditions: Does Tajikistan plan to introduce any legislation or make any 
commitments that food safety and animal and plant health regulations take into account 
regional characteristics? 
Answer:  
There is no need to take into account regional charact eristics.  The legislation relates to the country as 
a whole. 
Question 94 
Non-discrimination: Does Tajikistan plan to introduce any legislation or official provisions to 
ensure that imported products are treated the same as domestically produced products?  
Answer:  
In terms of ensuring equal treatment for imported and domestically produced goods, the Draft Law of 
the Republic of Tajikistan On Technical Regulation provides for the following: 
 "Technical regulation is applied equally and ev enly irrespective of the country and (or) place 
of origin of a product", "ensuring identity of rules and procedures for confirming the 
conformity of products of do mestic and import production".   WT/ACC/TJK/13 
 Page 29 
 
 
  Question 95 
Control, inspection, and approval procedures: Which regulatory agencies in Tajikistan have the 
appropriate control, inspection and approval procedures? It is also stated that some provisions 
of Annex C are reflected in Tajik reg ulations.  Which regulations are not?   
Answer:  
The following agencies are res ponsible for control, inspec tion and approval procedures: 
- Agency of Standardization, Metrology, Certification and Trade Inspection; 
- Sanitary and Epidemiologic Inspection on examination and certification of pharmaceutical     
and  medical products; 
- Agency on Protection of Environment and Forestry; 
- Veterinary Inspection; and 
- Quarantine Inspection. 
All provisions of Annex C are now reflecte d in the legislation of Tajikistan.  
Question 96 
We have also previously asked Tajikistan to  commit to the requirements to publish proposed 
SPS measures.  It will be necessary for Tajiki stan to establish laws or guidance requiring 
publication of proposed measures, notification to the WTO, and reasonable time for comments 
from Members.  Is Tajikistan prepared to make this commitment? 
Answer:  
Tajikistan is ready to make commit ments on all WTO and SPS requirements. 
Question 97 
Tajikistan has acknowledged that there is currently a ban on imports of products treated with 
biostimulators, antibiotics and hormones.  Other si milar bans on imports of meat products from 
cattle treated with growth hormones have fo und to be inconsistent with the WTO SPS 
Agreement.  We ask that this ban be removed upon accession unless Tajikistan can show how it 
is compliant with the WTO Agreements. 
Answer:  
Answer pending.  
(e) State-trading practices 
Question 98 With regard to WT/ACC/TJK/11, Question 93, coul d Tajikistan please tell us when the Charter 
of SUE "Khurokvori" will be available? 
Answer:
 
The Charter of SUE "Kurokvori" is availabl e through document WT/ACC/TJK/13/Add.1.  WT/ACC/TJK/13 
Page 30  
 
  Question 99 
How does Khurokvori determine the total volume of  imports that will be permitted into the 
country? 
Answer:
 
See answers to Questions 33-37. (l) Government procurement practices Question 100 Regarding Paragraph 140 of JOB(05)/55: How is the Law on Procurement of Goods, Works and 
Services in practice enhancing participation of  foreign suppliers in public procurement? 
Answer:
 
The Law of the Republic of Tajikistan on State Procurement of Goods, Works and Services No. 511 as 
of 12 December 1997 secures the right of foreign economic operators to participate in state procurement.  Thus, Article 1 of the Law provides that the term "supplier (contractor)" implies any 
potential party or concrete party to procurement ag reement.  Moreover, Article 3 of the Law clearly 
confirms that one of the objects of this Law is  to increase participation and improve competition 
between suppliers and contractors both domestic and foreign in the process of implementing state 
procurements.  
At the same time, it should be noted, that the Law of the Republic of Tajikistan on State Procurement 
of Goods, Works and Services consists of norms wh ich could be characterized as protectionist.  In 
particular, Article 4 of the Law provides that if  there are enough claimants for implementation of 
supply of goods (works, services) in the territory of  the Republic of Tajikistan, then the purchasing 
organization has the right to limit participation in the procurement procedures only to domestic 
suppliers and contractors.  
At present, a new Law of the Republic of Tajik istan on State Procurements of Goods, Works and 
Services is being drafted taking into account stabili zation of the economy and development of market 
relations, where the mentioned restrictions will be lifted.   
Question 101 Is there any rule of price reference for domest ic goods or services, or any other policy that 
favours domestic goods or services? 
Answer:
 
Process of pricing the domestic goods is implemented by rules applicable to market relations.  It 
means applying the principal of price flexibility.  Ho wever, bans and restrictions provided for in the 
Law of the Republic of Tajikistan on Competit ion and Restriction of Monopoly Activity in 
Commodity Markets are taken into consideration.  
Question 102 
Regarding Paragraph 142 of JOB(05)/55: Is the open competitive bidding procedure always 
open to foreign suppliers?  WT/ACC/TJK/13 
 Page 31 
 
 
  Answer:  
In accordance with the legislation in force of th e Republic of Tajikistan the principal recognized 
method of state procurements is bidding with unlim ited participation of supp liers and contractors. 
Moreover, according to Part 6 of Article 4 of the Law of the Republic of Tajikistan on State 
Procurements of Goods, Works and Services "domes tic and foreign suppliers and contractors should 
be given equal opportunities for particip ation in the procurement procedures".  
Question 103 
Regarding Paragraph 143 of JOB(05)/55: We welc ome the fact that Tajikistan is considering 
accession to the WTO Agreement on Government Procurement following accession to the WTO. 
We suggest Tajikistan becomes an observer to  the GPA upon accession to the WTO and submits 
an application for membership together with a coverage offer one year after.  
Answer:  
The proposal  for  Tajikistan to become an observe r after accession to WTO and to become member of 
this Agreement a year after creates no objections. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
1. General 
Question 104 Regarding Paragraph 131 of JOB(05)/55: Please keep the Working Party informed of the 
planned reform to bring the fee structure in line with WTO provisions.  
Answer:
 
At present, double scale (one for national claimants and another for foreign claimants) taxation is used 
for committing legally significant actions related to legal protection of industrial property objects.  
The Patent Agency has drafted a new regulation on  patent duties in which single scale taxation is 
envisaged.  However, adoption of this regulation is  delayed until the draft Law "On other payments in 
budget of the Republic of Tajikistan", which is to be  introduced to the Parliament by the Government 
of the Republic of Tajikistan, is enacted.  
2. Substantive Standards of Protection (b) Trademarks, including service marks Question 105 With regard to WT/ACC/TJK/11, Question 114,  please indicate the manner in which 
"significant damage" is determined wi th regard to trademark infringement. 
Answer:
 
In this instance "significant damage" implies da mage 500 times exceeding the minimal wage rate. 
Acknowledgment of "significant dama ge" is made on the base of concrete cases.  The techniques of 
calculation of damage in such kind contravention s till are not regulating by legal acts.  There is no 
adequate juridical practice.  Plenum of Supreme C ourt of the Republic of Tajikistan has authority to WT/ACC/TJK/13 
Page 32  
 
  adopt decrees on juridical practice of criminal acts against intellectual property, which will contain 
explanations and instructions on application of term s and conception.  Such explanations are expected 
in future with the development of juridical practice.  
(е) Patents 
Question 106 
Are layout designs of integrated circuits that are otherwise new, have an inventive step, and are 
industrially applicable, patentable  inventions? If not, why not? 
Answer:
 
Layout designs of integrated circuits are referred  to protected objects of intellectual property by the 
Civil Code (Part 3, Article 1126).  Formulation of Article 6 of the Law of the Republic of Tajikistan 
"On Inventions" should be in terpreted so that legal protection of th is object is to be provided for not in 
the Law on Inventions but in another law, name ly, the Law "On Layout Designs of Integrated 
Circuits".  The draft of the Law is presently  being worked out by the Patents Agency.  
Question 107 
Please specify how the compulsory licence provisions of Article 28 of the draft law on inventions 
comply with each sections of TRIPS Article 31. 
Answer:  
Article 28 of the Law on Inventions stipulates for ca ses of compulsory licenses issuance: 1) non-use or 
insufficient use of patent by an owner or person,  who received the license; 2) failure to use an 
invention without infringing rights of other owner of a patent for invention or utility model; 3) use of 
patent under emergencies (natural disaster, catastroph es, large accidents), as well as in the interests of 
national security. 
Simultaneously Article 28 of the Law On Inventions stipulates for terms of each case of compulsory 
licenses.  The first case covers non-use (insufficient u se) during five years as of the date of publication 
of data on issuance of protecting documents if efforts to sign licensing agreement on the terms 
corresponding to the established practice failed due to refusal by the patent holder, and if the patent 
holder fails to provide valid reasons for non-use or insufficient use (corresponds to point (b), 
Article 31, TRIPS Agreement).  Thus, in case the c ourt makes a decision to issue compulsory licence, 
requirements of Article 31 of the TRIPS on prompt no tification of a patent holder about the use of an 
invention without his authorizati on will be fulfilled automatically as the court's decision shall be sent 
to the parties of the proceedings.  The second case c overs the situation when a compulsory licence is 
issued to a person, who requires the licence for normal use of his invention.  In this case the scope of 
use of the invention and patent issued to anothe r person, as well as size, terms and procedure for 
licensing payment shall be established by the court, wh ich is in compliance with Article 31 (c) and (h), 
TRIPS Agreement. 
In the third case the requirement on prompt notificat ion of the patent holder shall be fulfilled during 
the issuance of a permit to use the patented invent ion by the Government (under emergencies) as in 
this case the permit must be accompanied by paymen t of commensurable compensation to the patent 
holder, and the scope and duration of such use is limited to the purpose for which it was authorized. 
Compulsory licence in accordance with Article 28 of  the Law On Inventions is non-exclusive, which 
is in compliance with Article 31 (d) and may not be  assigned, consistently with Article 31 (e) of the 
TRIPS Agreement.  WT/ACC/TJK/13 
 Page 33 
 
 
  According to Article 37 of the Law On Inventions all disputes concerning the application of the Law 
On Inventions, thus, all disputes regarding compul sory licence shall be considered by the court. 
Therefore, the procedure for review of courts decisi ons existing in the Republic of Tajikistan shall also 
be applied to the disputes arising from the i ssuance of compulsory licenses.  This ensures 
implementation of Article 31(i) of the TRIPS Agreement. 
Question 108 Please explain the scope of the exception from infringement for uses of a patented invention "for 
needs without aiming to derive any income".  
Answer:
 
This provision of Article 30 of the Law "On Inve ntions" limits the area of applicability of exclusive 
right of patent holder not to allow its extension for satisfaction of private, family and other needs, not 
related to business activities, if it is not aiming at deriving any income.  This , on the one hand, reflects 
the effort to set the balance of interests of patent holder and society in whole.  On the other hand, in 
question is a sphere in which the number of persons using an invention may be so large and the scope 
of use by each of them so small that realization of  patent holder rights and pr otection of its interests on 
the part of governmental structures would be c onjugated with significant practical difficulties. 
Question 109 
How does Tajikistan’s draft law on inventions comply with TRIPS Article 34? 
Answer:  
In accordance with Article 5 of the Law "On Invent ions" validity of protection document, issued for 
processes for obtaining a product is expanded to the product obtained in same process.  New product is 
considered to be obtained by the patented process in the absence of proof to the contrary.  This 
provision complies with TRIPS Article 34, Item (a).  
(f) Plant variety protection 
Question 110 Please provide us with a copy of the most rece nt legislation regarding plant variety protection 
for our review.  
Answer:
 
Such a copy will be prepared. 
(h) Requirements for undisclosed information,  including trade secrets and test data 
Question 111 Please explain how Tajikistan complies with the requirements of TRIPS Article 39(3), and 
provide all relevant laws, decrees, rules. Does Tajikistan permit third parties to obtain 
marketing approval for a pharmaceutical or agricultural chemical product by relying on data submitted by another party, without that party’s consent? WT/ACC/TJK/13 
Page 34  
 
  Answer:
 
In accordance with Article 7 of the Law on compet ition and limitations of monopoly activity in the 
goods markets (10 November 2000, No. 147) receiving, using, spreading of scientific and technical,  
production or trade information, including commercial secrets is not allowed without permission of the 
owner, it being a form of unfair competition. 
In accordance with Article 154 of the Civil Code, ci vil legislation protects information, containing 
commercial secrets, in case when the information ha s real or potential commercial value because of its 
unavailability to third parties and its inaccessibility by legal means.  The owner of information should 
take measures to protect the confidentiality of the information.     
In respect of undisclosed test da ta, in accordance with Article 26 of the Law on medical equipment 
and pharmaceutical activity (6 August 2001, No. 39) c linical tests of medicines are to take place in 
health institutions under special permission of the Mi nistry of Health.  The discipline of conduct and 
suspension of clinical tests is dete rmined by the Ministry of Health. 
4. Enforcement 
(a) Civil judicial procedures and remedies 
Question 112 
With regard to WT/ACC/TJK/11, Question 127, please provide a copy of draft of Part III of the 
Civil Code and referenced amendments to the Cr iminal Code upon translation into English. 
Answer:  
These texts will be provided as soon as translated.  
(c) Any administrative procedures and remedies 
Question 113 
With regard to WT/ACC/TJK/11, Question 130, reference is made to Article 158(2).  Please 
indicate the Code in which this Article is located and provide a translation of the Article. 
Answer:  
Article 158(2) is a part of Code of the Republic  of Tajikistan on Administrative Violations of 
11 December 1999. Translation of the Article is available through document WT/ACC/TJK/13/Add.1.  
(d) Any special border measures 
Question 114 With regard to WT/ACC/TJK/11, Question 135,  please indicate the manner in which 
"insignificant quantities" would be determined. 
Answer:
 
In the legislation there are no methods of determini ng "insignificant quantity", nor is there a definition 
in practice.  WT/ACC/TJK/13 
 Page 35 
 
 
  (e) Criminal procedures 
Question 115 With regard to WT/ACC/TJK/11, Question 140, please indicate the minimal wage rate. 
Answer:
 
According to the Decree of the President of the Republic of Tajikistan No. 403 "On measures for 
reinforcement of the level of social security of p opulation and wage increase for existing official salary 
of employees of budget offices and organizations, pe nsions and stipends" dated 4 November 2004, 
from 1 January 2005 the minimal wage  rate is equal to 12 somoni. 
_______________ 
   
  WT/ACC/TJK/13 
Page 36 ANNEX I 
List of Medium and Large Enterprises That Are Not Sold As of 15 February 2006  
No. Name Region Area Section communal 
property State 
share Collective 
share Year 
 "Rural Technical Supply" 
1 "Dovud" Khatlon Temurmalik dist. com. x 100% 0% 2004 
2 Kubod Khatlon Kabodiyon dist. com.   100% 0% 2005 
3 Selmontazh DRS Rudaki dist. costr.   100% 0% 2005 
4 Madadgor DRS Rudaki dist. com.   100% 0% 2006 
5 Taminoti Tavildara DRS Tavildara distr. com.   100% 0% 2004 
6 Taminoti Tojikobod DRS Tojikobod com.   100% 0% 2004 
7 Khatlonbek Khatlon Beshkent distr. com. x 100% 0% 2004 
8 Madadi Yovon Khatlon Yovon  com. x 100% 0% 2004 
9 Sokhtmoni Dehot Khatlon Hamadoni distr. costr.   100% 0% 2005 
10 Madadi Jirghatol DRS Jirghatol com.   100% 0% 2005 
11 SPMKNo.15 Khatlon Vose' distr. constr.       2005 
12 Badakhshonagroservis GBAO Khorug city com.   100% 0% 2005 
13 Taminoti Badakhshon GBAO Khorug city com.   100% 0% 2005 
14 "Spec. ATP No.7 " DRS Rudaki dist. trans.   100% 0% 2006 
15 "SPMK No.13 Khojamaston" Khatlon Khojamaston constr.   100% 0% 2006 
16 "Ayni Rayagropromtehsnab Sogd Ayni distr. com. x 100% 0% 2006 
17 "Agropromtechsnab Gonchi " Sogd Gonchi distr. com. x 100% 0% 2006 
18 Madad DRS Vahdat city trans. x 100% 0% 2006 
19 Project-construction tchnological institut  
"Seltechproject" Dushanbe Dushanbe city other       2007 
20 "Vodokanalproject" Dushanbe Dushanbe city other   100% 0% 2004 
21 "Gonchi brick-field" Sogd Gonchi distr. constr. x 100% 0% 2005 
22 "PMKNo.53" Khatlon Ghozimalik distr. constr.   100% 0% 2005 
23 Sorbon 1  DRS Rudaki dist. trans.   100% 0% 2005 
24 Giproprom Dushanbe Dushanbe city other   100% 0% 2005 
25 Specstroy Dushanbe Dushanbe city constr.   100% 0% 2006 
26 Bahodur 2 DRS Rudaki dist.     100% 0% 2005 
27 Khimstroy Khatlon Yovon  constr.   100% 0% 2006 
28 Taminoti technikii sokhtmon Sogd Khujand city constr.   100% 0% 2006 
29 Specselstroy DRs Rudaki dist. constr.   100% 0% 2006 
30 Sanjar Dushanbe Dushanbe city ind.   100% 0% 2006  
   WT/ACC/TJK/13
 Page 37No. Name Region Area Section communal 
property State 
share Collective 
share Year 
31 ATPNo.7 DRS Rudaki dist. trans.       2007 
32 KSH Khatlon Kulob city ind.   100% 0% 2007 
 State Company of construction of energetic objects "Nurafzo"  
33 Bunafsha Dushanbe Dushanbe city trans.       2007 
 State Unitary Enterprise "K hojagii manziliyu komunali" 
34 "SAP Specremstroytrest" Sogd B. Gafurov distr. constr.   100% 0% 2004 
35 "Communal techniques plant" Dushanbe Dushanbe city ind.   10% 0% 2006 
36 Tamir-2 Sogd J.Rasulov distr.     100% 0% 2004 
37 "Kurgantyuberemstroytrest" Khatlon Kurgan-tyube city constr.   100% 0% 2004 
38 SKHRU Ayni Sogd Ayni distr. constr.   100% 0% 2005 
39 Vose' Khatlon Vose' distr. constr.   100% 0% 2005 
40 Tamirkor-2 DRS Jirghatol constr.   100% 0% 2006 
41 State project institute "Tajikcomunproject" Dushanbe Dushanbe city other       2007 
 Ministry of Industry of th e Republic of Tajikistan 
42 Zaynab-bibi Dushanbe Dushanbe city com. x 100% 0% 2004 
43 Khosiyat Dushanbe Dushanbe city com. x 51% 49% 2004 
44 Firuza Dushanbe Dushanbe city com. x 51% 49% 2004 
45 Ravshan Sogd Kayrokum ind.   100% 0% 2005 
46 "Kulob shoes" Khatlon Kulob city ind.   100% 0% 2007 
47 Tori zarrin Dushanbe Dushanbe city ind.   100% 0% 2006 
48 Stoneprocessing enterprise  "La'l" GBAO Shughnon distr. ind.       2007 
49 "Korkhonai tamiri tekhniki" DRS Vahdat city com.   100% 0% 2007 
50 Kolinhoi Kulob Khatlon Kulob city ind.   100% 0% 2007 
51 Bunafsha Khatlon Norak city ind.   100% 0% 2006 
52 "Factory after Boymatov  Sogd Asht distr. ind.   100% 0% 2006 
 Ministry of Agriculture of the RT 
53 Kimyoi Faizobod DRS Fayzobod distr. com.   100% 0% 2004 
54 Tojikdehotkimyo Dushanbe Dushanbe city     100% 0% 2007 
55 Central base of supply Cotton-Service  Dushanbe Dushanbe city cotton   100% 0% 2005 
56 Kimiyo Sogd Khujand city com. x 100% 0% 2005 
57 Nonpazi Kulob Khatlon Kulob city ind.   100% 0% 2006 
58 Guliston-2 DRS Rudaki dist. ХК x 100% 0% 2006 
59 Kimiyoi drband DRS Nurobod distr. com.   100% 0% 2006 
60 Selkhozkhimiya Khatlon Shahrituz distr. com. x     2006 
61 Bokhatr Selkhozkhimiya  Khatlon Kurgan-tyube city com.       2006 
62 Kimiyoi Vakhsh Khatlon Vakhsh com.   100% 0% 2006  
  WT/ACC/TJK/13 
Page 38 No. Name Region Area Section communal 
property State 
share Collective 
share Year 
63 Kimiyoi Kabodiyon Khatlon Kabodiyon dist. com.   100% 0% 2006 
64 Kimiyoi Panj Khatlon Panj distr. com.   100% 0% 2006 
65 Kimiyoi Ghozimalik Khatlon Ghozimalik distr. com.   100% 0% 2006 
66 Kimyogar Sogd Panjakent city com. x 100% 0% 2006 
67 Kimyoi Ahst Sogd Asht distr. com. x 100% 0% 2006 
68 Buston Kimiyo Sogd Mastchoh distr. com. x 100% 0% 2006 
69 Khujand Kimiyo Sogd B. Gafurov distr. com. x 100% 0% 2006 
70 Jamovar Khatlon Ghozimalik distr. food   100% 0% 2007 
71 Khonaobod Khatlon Kulob city food   100% 0% 2005 
72 "Parandaparvarii Bokhtar " Khatlon Bokhtar food   100% 0% 2004 
73 Signal-Service" DRS Rudaki dist. constr.       2007 
 Ministry of Transport of the RT  
74 MNA Shurobod Khatlon Shurobod distr. trans.   100% 0% 2004 
75 ATPNo.47 Khatlon Khojamaston trans.   100% 0% 2005 
76 TATPNo.39 Khatlon Kurgan-tyube city trans. x 100% 0% 2006 
77 Rohsoz5 DRS Rudaki dist. trans.   100% 0% 2007 
78 Barakat Khatlon Kolkhozobod distr. trans.   100% 0% 2005 
79 BHA Khatlon Beshkent distr. trans.   100% 0% 2006 
80 MNA Sovet district Khatlon Temurmalik dist. trans.   100% 0% 2006 
81 Gund GBAO Khorug city constr.   100% 0% 2006 
82 Doston Khatlon Muminobod distr. trans.   100% 0% 2006 
83 Tajikabadservis DRS Tojikobod trans.   100% 0% 2006 
84 ATP-24 Khatlon Kolkhozobod distr. trans.   100% 0% 2006 
85 "ATP-MTL DRS Nurobod distr. trans.   100% 0% 2007 
86 "Kurgonteppa Passenger Terminal" Khatlon Kurgan-tyube city trans.   100% 0% 2006 
87 DSU No.14 Sogd Konibodom city constr. x     2007 
88 Badakhshonroh Dushanbe Dushanbe city other       2007 
89 DSU-8 Badakhshonroh GBAO Khorug city constr.       2007 
90 SU-35 Badakhshonroh GBAO Khorug city constr.       2007 
91 DSU-34 Badakhshonroh GBAO Shughnon distr. constr.       2007 
92 СPМК-2 Tajiktransstroy Khatlon Bokhtar constr.       2007 
93 SPM Tajiktransstroy Khatlon Danghara constr.       2007 
94 PSH Kurbonov Khatlonroh Khatlon Temurmalik dist. constr.       2007 
95 UPTK road construction Sogd Kayrokum com.       2007 
96 DSU-19 Khatlonroh  Khatlon Danghara trans.       2007 
97 Tajiktranstroy Trust Dushanbe Dushanbe city constr.       2007  
   WT/ACC/TJK/13
 Page 39No. Name Region Area Section communal 
property State 
share Collective 
share Year 
98 ATP-9 DRS Gharm trans.   100% 0% 2007 
99 PAP-30 Khatlon Kolkhozobod distr. trans.   100% 0% 2007 
100 MNA 2929 DRS Vahdat city trans.   100% 0% 2007 
101 ATPNo.52 Khatlon Kulob city trans.       2007 
 Ministry of Energy of RT  
102 Shurob SHSU Sogd Isfara city constr.       2005 
103 Suzishvorii Khujand Sogd Kayrokum com.   100% 0% 2006 
104 Neftebazai ayni So gd Ayni distr. com.   100% 0% 2006 
105 HRU Kulob Khatlon Kulob city constr.   100% 0% 2006 
106 Chinor DRS Nurobod distr. com.   100% 0% 2006 
107 Naftanbori Tojikobod DRS Tojikobod com.   100% 0% 2006 
108 Vostokenergoremont Dushanbe Dushanbe city other   100% 0% 2006 
109 Korhonai taminoti gaz Dushanbe Dushanbe city com.   100% 0% 2006 
110 Sohtmoni barki Yovon Khatlon Yovon  constr.   100% 0% 2007 
111 Electrostroy Sogd Panjakent city constr.   100% 0% 2007 
 Others 
112 ATP No.3 Khatlon Sarband trans.       2006 
113 Plazmatron Sogd Kayrokum ind.   100% 0% 2006 
114 Marble Plant Sogd Shahriston distr. ind. x     2006 
115 Hotel Khujand Sogd Chkalovsk city household x 100% 0% 2005 
116 HO Shkolnoe pitanie Sogd Khujand city food x     2005 
117 Dushanbe taksomotor enterprise Dushanbe Dushanbe city trans. x 51% 49% 2005 
 WT/ACC/TJK/13 
Page 40  
 
  ANNEX II 
Goods Subject to Import Licensing
 
According to the Regulation on Specifics of Licensing of Separate Types of Activities (No. 337 as of 
1 September 2005) the following documents are re quired for obtaining a licence in addition to 
additional documents for each separate licensi ng activity indicated in the table below.  
1. To obtain a license a license applicant shall su bmit to the respective licensing authority the 
following documents: 
- an application for issuance of a license indi cating the licensable type of activity and the 
following details: 
- for a legal person - name and legal organiza tional form of the entity, its legal address 
and location, settlement account number and banking facility; and 
- for an individual entrepreneur - surname,  name and patronymic, place of residence 
and identification document; 
- required duration of the license; 
- other data depending on specifics of the activity; 
- for a legal person - copies of constituent documents and a copy of certificate 
confirming state registration of the license applicant as a legal person; and 
- for an individual entrepreneur - a copy of certificate confirming state registration of 
the citizen as an individual entrepreneur; 
- a copy of certificate confirming registrati on of the license applicant with a taxation 
authority; 
- a document confirming payment of license fee fo r review by the licensing authority of the 
license application; 
- information about qualifications of the license applicant's staff; and 
- submission date of the license applica tion and signature of the applicant. 
2. Apart from the above documents the special part of this Regulation can stipulate 
submission of other documents that are prer equisite for a specific type of activity. 
3. It shall be prohibited to demand from a license applicant submission of documents not 
envisaged by the Law of the Republic of Tajikistan "On licensing certain types of 
activities" and by this Regulation. 
4. Documents shall be submitted by the license a pplicant in the Tajik or Russian language.  
Documents submitted by foreign citizens or  documents submitted abroad should be 
certified in a manner provided for by regulator y legal acts of the Republic of Tajikistan. 
5. The application form shall be approved by  the licensing authority to comply with 
requirements of this Regulation. 
6. A licensing authority must set up an inform ation stand and put up a list of documents 
required for issuance of a license together  with specimens of such documents.  WT/ACC/TJK/13 
 Page 41 
 
 
  7. A license applicant is responsible for accura cy of submitted data and documents. The 
licensing authority, as appropriate, has the right  to check accuracy of data and documents 
submitted by the license applicant. 
8. All documents submitted to a respective licensi ng authority for issuance of a license shall 
be received according to a list. The licensi ng authority issues the license applicant a 
statement in a set form indicating the date of  documents receipt and stating the registration 
number for all of the received documents.  
  WT/ACC/TJK/13 
Page 42 Code Description Issuing Authority 
 Licensing procedure 
1302 11 000 0  Opium Ministry of 
Health Additional documents: 
opinion of appropriate authoritie s of the interior about the 
possibility of storing narcotic and psychotropic substances in 
the facilities for implementati on of the proposed activity; 
statement from authorities of th e interior about clean record 
of persons having access to narcotic and psychotropic 
substances; 
statement from the narcology service with regard to persons 
having access to narcotic a nd psychotropic substances; 
order of the head of the institution about appointment of 
persons having access to na rcotic and psychotropic 
substances; 
copies of diplomas of persons  having access to narcotic and 
psychotropic substances; 
in case of proposed cultivati on of drug-containing plants for 
scientific purposes as well as development of new narcotic 
and psychotropic substances a positive expert report from the 
Academy of Sciences of the Republic of Tajikistan about 
expedience of conducting that pa rticular activity is required. 
0300  Malt beer  
2204 
 Grape wines, natural wines, including fo rtified; stum, except for mentioned in 
merchandise position 2009 (inc luding wine materials); 
2205 Vermouths and natural wines, other wines with vegetation and ar omatic substances; 
2206 00 
 Other fermented drinks (for ex ample, cider, pear cider, and honey drink); mixes from 
fermented drinks, and mixes from fermen ted drinks and soft drinks not listed 
somewhere else;  
2207 Ethyl non-denatured alcohol with ethyl c oncentration of no less than 80% or more; 
ethyl alcohol and other denatured alcohols of any concentration; 
2207 10 000 0 Ethyl non-denatured alcohol with ethyl concentration of no less than 80% or more; 
2207 20 000 0 Ethyl alcohol, other denatu red alcohols of any concentration; 
2208 
 Ethyl non-denatured alcohol with ethyl c oncentration of no less than 80%; alcohol 
liqueurs, liqueurs, and other alcoholic drinks; Ministry of 
Agriculture  No additional documents except for those indicated in the 
general part.  
 
A licensing fee in the amount of  seventy six minimal wages 
for each year of the license period is charged for issuance of a 
license to organization engaged in production and turnover of 
ethyl alcohol, alcoholic beve rages and spirit-based goods 
irrespective of forms of ownership. A licensing fee in the 
amount of twelve minimal wages for each year of the license 
period is charged for issuance of a license to organizations 
(irrespective of organizational and legal form) and individual 
entrepreneurs engaged in retail  trade of alcoholic beverages 
and spirit-based goods.  
   WT/ACC/TJK/13
 Page 43Code Description Issuing Authority 
 Licensing procedure 
2939 91 110 0 unrefined cocaine 
2939 11 000 0 concentrates from poppy straws; buprenorphine (INN), codeine, dihydrocodeine 
(INN), ethylmorphine, ethorphine (INN), heroin, hydrocodone (INN), 
hydromorphone (INN), morphine, nicomorphine (INN), oxycodone (INN), 
oxymorphone (INN), folcodine (INN), tebacone  (INN), and tebaine; salts of these 
compounds; 
2939 91 cocaine, ecgonine, levometam phethamine, metam phethamine (INN), 
metamphethamine racemate; salts, esters, and other derivative substances; cocaine 
and its salts; 
2922 14 000 0 dextropropoxiphene (INN) and it salts; 
2922 31 000 0 amphepramone (INN), met аdone (INN), and normetadone (INN); salts of these 
compounds; 
2922 44 000 0 Tilidine (INN) and its salts; 
2926 30 000 0 phenoproporex (INN) and its salts; metadone (INN) –an interim product (4-cyano-2-
dimethylamino-4.4-diphenylbutane); 
2933 33 000 0 alfentanil (INN), anileridine (INN), bezitramide (INN), bromazepam (INN), 
diphenoxine (INN), diphenoxilate (INN), dipipanone (INN), fentanyl (INN), 
ketobemidone (INN), methylphe nidate (INN), pentazocine (INN), pethidine (INN), 
pethidine (INN) – an interim A product, phencyclidine (INN) (PCP), phenoperidine 
(INN), pipradrol (INN), piritramide (INN),  
propirame (INN), and trimeperidine (INN); salts of these compounds; 
2933 11 100 0 propiphenazone (INN) 
2915 24 000 0 acetic anhydride 
2922 43 000 0 anthranyl acid and its salts 
2914 11 000 0 Acetone 
2924 29 others: (acetylanthranyl acid) 
2924 29 100 0 lidocaine (INN) 
2924 29 300 0 paracetamol (INN) 
2932 91 000 0 Isosafrole 
2939 63 000 0 lysergic acid and its salts 
2932 92 000 0 1-(1.3-benzodioxole-5-il) propane-2-on 
2914 12 000 0 butanone (methyl ethyl ketone) 
2933 32 000 0 piperidine and its salts 
2932 93 000 0 Piperonal 
2841 61 000 0 potassium permanganate 
2939 42 000 0 pseudoephedrine (INN) and its salts 
2932 94 000 0 Safrole 
2807 00 100 0 sulphuric acid 
2806 10 100 0 hydrogen chloride (hydrochloric acid) 
2902 30 Toluol 
2916 34 000 0 phenylacetic acid and its salts Ministry of 
Health Additional documents: 
opinion of appropriate authoritie s of the interior about the 
possibility of storing narcotic and psychotropic substances in 
the facilities for implementati on of the proposed activity; 
statement from authorities of th e interior about clean record 
of persons having access to narcotic and psychotropic 
substances; 
statement from the narcology service with regard to persons 
having access to narcotic a nd psychotropic substances; 
order of the head of the institution about appointment of 
persons having access to na rcotic and psychotropic 
substances; 
copies of diplomas of persons  having access to narcotic and 
psychotropic substances; 
in case of proposed cultivati on of drug-containing plants for 
scientific purposes as well as development of new narcotic 
and psychotropic substances a positive expert report from the 
Academy of Sciences of the Republic of Tajikistan about 
expedience of conducting that pa rticular activity is required. 
 
  
  WT/ACC/TJK/13 
Page 44 Code Description Issuing Authority 
 Licensing procedure 
2914 31 000 0 phenylacetone (phenylpropane-2-on) 
2939 41 000 0 ephedrine and its salts 
2939 61 000 0 ergometrine (INN) and its salts 
2939 62 000 0 ergotamine (INN) and its salts 
2909 11 000 0 Diethyl ether   
 
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