RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TJK/17 
4 June 2010 
 (10-3095) 
Working Party on the 
Accession of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 26 May 2010, is  being circulated at the request of the 
Delegation of the Republic of Tajikistan.   
_______________ 
  WT/ACC/TJK/17 
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  TABLE OF CONTENTS 
 
II.  ECONOMIC POLICIES..........................................................................................................1  
- Foreign Exchange and Payments ............................................................................................1  
- State Ownership and Privatization .........................................................................................3  
- Pricing Policies ............................................................................................................... ...........7  
III.   FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ......................................8  
- Powers of Executive, Legislative and Judicial Branches of Government ............................8  
IV.  POLICIES AFFECTING TRADE IN GOODS ...................................................................11  
- Trading Rights ................................................................................................................. .......11  
A. IMPORT REGULATIONS....................................................................................................14  
- Ordinary cust oms duties ........................................................................................................ 14 
- Other duties and charges....................................................................................................... .15 
- Fees and charges for services rendered.................................................................................16  
- Application of internal taxes to imports ...............................................................................17  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............21  
- Customs valuation.............................................................................................................. .....27  
- Rules of origin ................................................................................................................ .........28  
- Pre-shipment inspection ........................................................................................................ .29 
- Anti-dumping, countervailing dut ies and safeguard regimes.............................................29  
B. EXPORT REGULATIONS ...................................................................................................30  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........30  
- Export rest rictions ............................................................................................................ ......30  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................34  
- Industrial policy, including subsidies....................................................................................34  
- Technical barriers to trade, standards and certification.....................................................34  
- Sanitary and phytosanitary measures...................................................................................37  
- State-trading entities......................................................................................................... ......57  
- Free zones, special economic areas........................................................................................59  
- Trade in ci vil aircraft........................................................................................................ ......61  
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................61  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................61
 
- Copyright and related rights..................................................................................................6 1 
- Trademarks, including  service marks...................................................................................63  WT/ACC/TJK/17 
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  -
 Geographical indications, including appellations of origin.................................................64  
- Patents........................................................................................................................ ..............64  
- Plant variety protection....................................................................................................... ...65 
- Requirements on undisclosed information, including trade secrets and test data............65  
- ENFORCEMENT...................................................................................................................6 6 
- Special border measures........................................................................................................ .68 
VII. TRANSPARENCY .................................................................................................................69  
VIII.  TRADE AGREEMENTS .......................................................................................................69  
ANNEX 1 ........................................................................................................................ ......................71  
ANNEX 2 ........................................................................................................................ ......................74  
ANNEX 3 ........................................................................................................................ ......................76  
ANNEX 4 ........................................................................................................................ ......................80   WT/ACC/TJK/17 
 Page 1 
 
 
 II.  ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 1 Paragraph 22 of the Elements of a Draft Re port (document WT/ACC/SPEC/TJK/4) states that 
"full advance payment was required for the export of certain merchandise goods listed in 
Table 1.  These products - the principal export items of Tajikistan - accounted for about two 
thirds of all State exports." 
What are "State exports?"  How do  they differ from other exports? 
What proportion of total exports from Tajikistan  do the exports listed in Table 1 account for? 
Answer:
 
This appears to be a linguistic issue.  The correct wording  should have been "state's export", meaning 
simply that the exports of goods listed in Table 1 account for two thirds of the total export from 
(the State of) Tajikistan.  There are no different ki nds of exports – "State e xports" and "other exports" 
and hence, no difference between the two.  As it was pointed out in Paragraph 22 exports of goods 
listed in Table 1 account for two thirds of the total exports from the Republic of Tajikistan. 
Question 2 Paragraph 22 also states that "The mandatory pre-payment requirement sought to ensure the 
return of foreign currency proceeds from these exports and was imposed to prevent deceptive 
practices and capital flight in light of the unsta ble balance-of-payments situation and recurrent 
current account deficits in Tajikistan." 
What is the current balance of payments situation in Tajikistan, as confirmed by the 
International Monetary Fund in its last Article IV Consultation?   
How long does Tajikistan intend to maintain this requirement? 
Answer:
 
Balance of payments situation in Tajikistan is ne gative for a number of years.  The deficit of the 
balance of payments was US$10.3 million in 20 06, US$46.5 million in 2007, US$154.9 million in 
2008, and US$35.9 million in the first half of 2009. 
The mandatory pre-payment requirement is not the only manner of payment for exported goods 
referred to in Paragraph 22.  Other instruments of payment, including the letter of credit, can also be 
used.  
Once the balance of payments situation is impr oved, the requirements related to the manner of 
payment for exported goods will be abolished. 
Question 3 Paragraph 23 states that exporters, for goods no t subject to 100 per cen t import pre-payment 
requirement, were required to have a "passport of a transaction" from an authorized bank WT/ACC/TJK/17 
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 which, acting as the government's currency control agents, were authorized to charge 
"0.01 per cent of the contract value " to issue the passport document.  
Please explain how this charge on export receipts,  clearly not related to the cost of the service 
rendered by the authorized bank, is cons istent with Article VIII of the GATT? 
Put another way, why is the charge related to the value of the export receipts and not the cost of 
issuing the transaction passport? 
Answer:
 
"Passport of Transaction" requirement has been abol ished in the meantime by the Decree of the Board 
of the National Bank of Tajikistan No. 37 from 26 January  2007.  Hence, there is no fee to be paid for 
its issuance.  
Question 4 Does Tajikistan have any foreign exchange su rrender requirements?  If not, are exporters, 
retaining hard currency in their own accounts, al lowed to use it for imports or any other kind of 
payments, at their own discretion? 
Answer:
 
There are no foreign exchange surrender requirements in Tajikistan.  In accordance with Article 5 of 
the Law on Foreign Exchange Regul ation and Control (No. 112 of 4 November 1995), residents of the 
Republic of Tajikistan (both natura l and legal persons) may have fo reign currency accounts in Tajik 
banks.  Holders of foreign currency accounts, includ ing exporters, are free to use the funds from their 
accounts at their own discretion, including using them for imports and/or any other payments. 
Question 5 
Paragraphs 18-19:  Does opening an account in a foreign bank still require a prior permission of 
the National Bank of Tajikistan? 
Answer:  
In accordance with Article 5 of the Law on Forei gn Exchange Regulation and Control (No. 112 of 
4 November 1995), residents of the Republic of Ta jikistan may have foreign currency accounts in 
both Tajik and foreign banks.  The accounts in fore ign banks must be registered with the National 
Bank of Tajikistan.  
However, Instruction of the National Bank on Issuin g Permission to Residents for Opening of Foreign 
Currency Account Abroad (No. 51 of 16 Septembe r 1997) provides for the prior permission of the 
National Bank.  Such a solution was substantiated at  the time by the need to control and prevent 
illegal movement of capital. 
This apparent discrepancy will be removed by th e new Instruction of the National Bank, which is 
expected to be adopted by mid 2010, and which w ill abolish prior permission and establish the system 
of registration of foreign bank accounts.   WT/ACC/TJK/17 
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 Question 6 
What is the current status of efforts to liberalize this and other restrictive measures, notably of 
the announced new Law on Foreign Exchange Regulation and Foreign Exchange Control? 
Answer:  
The new Law on Banking Activities (No. 524 of 19 May 2009) has been enacted and came into effect, 
which has abolished the limit for foreign capital in the banking system of the Republic of Tajikistan. 
Under the new Law, opening of branches of foreign banks is allowed and the requirements for their 
opening and operation are consistent with the international banking pr actice.  There is no requirement 
to increase the founding capital of the bank or pr ovide separate capital for opening of the branch.  
Tajik banks do not receive any subsidies or any tax or other benefits.  Foreign banks (their branches 
and affiliations) operate under th e conditions identical to those applicable to Tajik banks. 
The new Law on Foreign Exchange Regulation and Fo reign Exchange Control is expected to be 
adopted by the end of 2010. 
- State Ownership and Privatization  
Question 7 
Tajikistan has provided almost no information in this section on its State-owned sector (e.g., the 
names of the largest State-owned firms, what they  do, how they are run, the distribution of State 
ownership and State control of firms by sector, etc.); the proportion of GDP created by State owned and State controlled enterprises; or th e percentages of import and export trade 
accounted for by State-owned and State controlled enterprises. 
Answer:
 
The Table 1 below provides the information on large a nd medium enterprises that will be privatized in 
accordance with the Strategic Privatization Plan.  All of the listed enterprises are organized as joint 
stock companies (JSC), wholly (100 per cent) owne d by the state.  Table 2 provides the information 
on particularly large enterprises that will be restru ctured.  These enterprises are also organized as JSC, 
wholly or predominantly owned by the state.  
Table 1:  List of Enterprises to be Privatized  
 Name Location Share Sector 
1 АО Angisht Sught District 100% Industry 
2 АО Matubot Dushanbe 100% Printing 
3 АО Obiori Dangara Khatlon District 100% Construction 
4 АО Taransformatorniy Zavod Khatlon District 100% Industry 
5 АО Charog Sught District 100% Industry 
6 Shurboskoe SSU Sught District 100% Industry 
7 АО Kolinkhoi Kulob Khatlon District 100% Industry 
8 Proleterskiy RMZ Sught District 100% Industry 
9 АО Bunafsh Khatlon District 100% Industry 
10 АО "МNА-27" Khatlon District 100% Transport 
11 АО Zavodi Tamiri Mekhaniki Vakhdat 100% Industry 
12 АО Hotel Khujand Sught District 100% Services 
13 АО Madad Vakhdat 100% Transport 
 WT/ACC/TJK/17 
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 Table 2:  List of Enterprises to be Restructured
 
 Name Location Share Sector Remark 
1 OАО Tajiktransgaz 
(formerly 
GUP"Tajikgaz) 
 Dushanbe 
 100% 
 Energy 
 Individual restructuring plan 
established by the Government 
Decree No. 438 of 27 August 2008. 
GUP Tajikgaz  transformed into joint stock company Tajiktransgaz; 
seven organizations, former parts of 
GUP Tajikgaz organized as independent joint stock companies. 
2 OAO Barki Tojik  
 Dushanbe 
 100% Energy Individual restructuring plan under 
Government consideration. 
3 OAO Tajik Air 
(formerly GUAP Tajik Air)  
 Dushanbe 
 100% Transport Individual restructuring plan 
established by the Government Decree No. 175 of 3 April 2007. 
Please see the additional 
information on Tajik Air below. 
4 GUP Rohi Ohani 
Tojikiston 
 Dushanbe 
 100% Transport Individual restructuring plan 
established by the Government 
Decree No. 95 of 27 February 2010. 
5 GUP TALKO 
(formerly TADAZ) Dushanbe 
 100% Industry Individual restructuring plan is 
being developed. 
6 AO Tojiktelekom 
 Dushanbe 
 95% Communications Individual restructuring plan 
established by the Government Decree No. 71 of 3 January 2006. 
7 AO Teleradiokom 
 Dushanbe 
 95% Communications Individual restructuring plan 
established by the Government 
Decree No. 498 of 1 November 2006. 
8 OAO Tamohush 
 Sughd 
District 100% Industry Individual restructuring plan is 
being developed. 
9 AO Himzavod 
 Sughd 
District 60% Industry Individual restructuring plan is 
being developed. 
 
Individual restructuring plan for GUAP Tajikair has been established by the Government Decree 
No. 175 of 3 April 2007.  In accordance with th e Government Decree No. 491 of 1 October 2008, 
GUAP Tajikair has been divided into six indepe ndent companies, notably  the following:  GUAP 
Tajikair, GUP Dushanbe International Airport, Khujant International Airport, Kurgan Tyube 
International Airport, Kulyab International Air port and Tajikaeronavigaciya.  In 2009, in accordance 
with the Individual Restructuring Plan, all the companies except Tajikaeronavigaciya have been 
transformed into joint stock companies.  In a ddition, during 2009 and in January 2010 Tajikair 
affiliations Fuel Supply Company, Air Travel Info rmation Agency and Catering Company have been 
transformed into joint stock companies and sold at auctions.  
Question 8 Paragraph 43 of this Report provides a list of strategic sectors that are to remain in public 
ownership.  Please explain whether this is an exhaustive list of sectors or whether there are other sectors that are required to remain in public ownership.  WT/ACC/TJK/17 
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 Answer:  
Government Resolution No. 388 of 28 August 1997 has been abolished and replaced by the new 
Resolution of the Government of Tajikistan on Ob jects Not Subject to Privatization and Objects 
Subject to Privatization Based on the Decision of the Government of the Republic of Tajikistan, 
No. 705 of 30 December 2009.  
The objects that are excluded from privatization are the following: 
− Objects of historic and national heritage (ar tistic treasures, cultural monuments, museums, 
national parks, State archives and the like); 
− Administrative buildings and facilities of State and local authorities; 
− State budget and foreign currency reserve, soci al protection funds and other State funds; 
− National Bank of Tajikistan and other organiza tions and agencies involved in emission and 
safekeeping of  banknotes and securities; gold reserves; 
− Facilities of the patent, standardization, metrology and statistics offices; 
− Buildings and facilities of armed forces, law en forcement agencies, customs and tax services; 
− Hydro-meteorological and environmental control agencies; 
− Sanitary-epidemiological agencies; 
− State irrigation systems, water supply facilities,  pumping facilities, reservoirs, drinking water 
supply systems, excluding support enterprises thereof; 
− Labour related medical facilities; 
− Enterprises manufacturing strong poisons and pr oducts containing narc otics and poisonous 
substances and those growing, cultivation and processing plants containing narcotic and 
poisonous substances; 
− Enterprises, facilities and equipment for safekeepi ng of solid industrial and domestic wastes;  
− Burial grounds for animal refuse; 
− Enterprises and facilities involved in scien tific research, production, processing and 
safekeeping of radioactive elements and wastes and equipment using radioactive substances 
and isotopes; 
− Property of the hydro power plants "Nurek" and "Rogun" and the aluminium processing plant 
"Tajik Aluminium Company (excluding means of transport); 
− Enterprises involved in developing, manufacturing,  repairing of and trading in armaments, 
ammunition, explosives and special material s and equipment for manufacturing thereof 
(excluding non-military means of transport); 
− Emergency and civil defence facilities; 
− State and mobilization reserves, including storage facilities; 
− Enterprises and organizations pr oducing, repairing of and tr ading in hunting and sporting 
firearms and ambition;  
− Graveyards; 
− Scientific and production enterprises and facilities th at are part of the Academy of Sciences of 
the Republic of Tajikistan and the Academy of  Agricultural Sciences of the Republic of 
Tajikistan (excluding support fac ilities and means of transport); 
− State seed producing and livestock breeding farm s and inspectorates, breeding centres, seed-
trial centres and grounds, breeding and laborator y animals; veterinary and plant protection 
agencies; 
− Theatres, which have been granted the status of "academic theatres"; 
− Buildings of representations of th e Republic of Tajikistan abroad; 
− Enterprises involved in air traffic and those involved in the unified system of air traffic 
control; WT/ACC/TJK/17 
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 − Materials on building and extending state astr onomic-geodesic, levelling and gravimetric 
networks, including catalogues of coordinates and altitudes of geodesic points and intensities 
of gravitation on gravimetric points, origin als of aerial and space photographs, original 
topographic, gravimetric, geographic, thematic, special, digital, electronic and other maps, 
plans and atlases, historic maps, plans and atl ases kept in specialized topographic archives, 
ministries and agencies that were funded from the State Budget or by the Budget of the 
former USSR; and 
− Postal and courier enterprises, State regulator y agencies in the areas of communication and 
transport, TV and radio broadcast centres (excl uding those that can be privatized based on the 
decision of the Government of the Republic of  Tajikistan, support facilities and means of 
transport). 
In addition, under Article 13 of th e Constitution of the Republic of Tajik istan, the land, subsoil, water, 
airspace, animal and plant kingdoms and other natura l resources are owned exclusively by the State, 
and the state guarantees the use thereo f for the benefit of the people.  
The above list is exhaustive. 
Question 9 
Please also provide a definition of the term "privati zed," as used in this report.  For example, it 
appears that the only enterprises listed in Tabl e 3 are those that are 100 per cent owned by the 
State.  Please explain whether there are oth er enterprises with State-ownership, including 
majority or partial State ownership.  At what point of private/public ownership is a firm considered a "State-owned enterprise?"   
Answer:
 
The term "is privatized" means that the State propert y rights to the object of privatization have been 
transferred in whole to legal and/or natura l persons as a result of privatization.  
Company where more than 50 per cent of the stock (50 per cent plus one share) belongs to the State is 
deemed State-owned.  
Table 3 below provides information on enterprises wher e the State owns 50 per cent or less stock.  All 
the companies listed in the table are organized as joint stock companies. 
Table 3:  List of Enterprises where the State Owns 50 per cent or Less Stock  
 Name Location Share Sector 
1 OАО Resendai Kurgonteppa Khatlon District 25% Industry 
2 OAO Habib Sught District 13.09% Industry 
3 OAO Pahtai Kulyob Khatlon District 25% Industry 
4 OAO S.Isoev Khatlon District 25% Industry 
5 OAO Umed-1 Khatlon District 25% Industry 
6 OAO Korhonai Pahtatozakunii Dusti Khatlon District 25% Industry 
7 OAO Bo Ham (Khurson Invest) Khatlon District 25% Industry 
8 OAO U. Kobilov Khatlon District 25% Industry 
9 OAO Elit Khatlon District 25% Industry 
10 OAO F. Saidov Khatlon District 25% Industry 
11 OAO Pahtai Hisor Hissar 25% Industry 
12 OAO Nekruz Khatlon District 8.9% Industry 
13 OAO Kolinhoi Kairokkum Sught District 9.3% Industry 
14 OAO Madadi Faizobod  Faizabad 25% Services  WT/ACC/TJK/17 
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  Name Location Share Sector 
15 OAO Sharbati Faizobod Faizabad 25% Industry 
16 OAO Saodat Khatlon Di strict 25% Services 
17 OAO Bodom Sught District 20% Transport 
18 OAO Mohiparvari Panjakent Sught District 49% Agriculture 
19 OAO Bunyod Faizabad 25% Construction 
20 OAO Bahodur Khatlon District 25% Industry 
21 OAO Nuri Khatlon District 25% Industry 
22 OAO SPMK Specremstroitrest Kha tlon District 25% Industry 
23 OAO Gulafshon Khatlon District 20% Industry 
 
Question 10 
Paragraph 46:  Are the "natural monopolies" referred to in the next section of the draft 
Working Party report State-owned or State-controlled?   
Answer:  
Natural monopolies referred in Paragraph 46 are 100 per cent State-owned, except Tajikitelekom 
where the State owns 95 per cent of the stock. 
However, the Decree No. 310 on Approval of the Regulation on the Manner of Forming and 
Application of Free Prices and Tariffs of 4 Ma y 1995 has been repealed and replaced by the 
Government Decree No. 202 of 26 June 1998, which h as abolished any form of the price control.  
In accordance with this Decree,  the prices are negotiated betw een suppliers and consumers. 
In addition, in accordance with the Law on Comp etition and Control of Monopoly Activities in the 
Market No. 198 of 28 July 2006, prices of Stat e-owned operators having  dominant or monopoly 
position in the particular market of the Republic of Tajikistan must be approved by the anti-monopoly 
authority - Anti-monopoly Service under the Gove rnment of the Republic of Tajikistan.  
Question 11 
Tables 3 (a) and (b) of Annex 2 lists enterprises th at are not yet privatized and Table 3 (c) lists 
enterprises trading on behalf of the government or possessing special privileges not available to 
other firms.  Could Tajikistan confirm that th ese enterprises act in a non-discriminatory way 
and in accordance with commercial consideration s only when involved in import and export 
activities? 
Answer:  
Yes, Tajikistan confirms that these enterprises act in a non-discriminatory way and in accordance with 
commercial considerations only when in volved in import and export activities. 
- Pricing Policies 
Question 12 Paragraph 50:  Based on the text of the Elem ents Report, we suggest the inclusion of the 
following language in the Elements Report:   
[The representative of Tajikistan confirmed that upon accession Tajikistan would, in 
regulating tariff rates for goods and for servic es rendered by natural monopolies, ensure 
that natural monopolies, in respect of thei r supplies of goods and services to consumers, WT/ACC/TJK/17 
Page 8  
 
 recover all costs, including a reasonable profit, in the ordinary course of their business.  
He also confirmed that, from the date of accession, Tajikistan would apply the price regulations on products and services containe d in Table 4, and any that are introduced 
or re-introduced in the future, in a WTO consistent fashion, and take account of the interests of exporting WTO Members as provided for in Article III:9 of the GATT 1994.  
The Working Party took note of these commitments.] 
Answer:
 
Tajikistan accepts the commitment as suggested. 
III.   FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of Executive, Legislative and Judicial Branches of Government 
Question 13 
Tajikistan submitted a revised legislative action plan (document WT/ACC/TJK/7/Rev.3) in 
August 2008.  Since this legislative action plan is now over a year old, we request that Tajikistan submit a revised legislative action plan in advance of the next Working Party meeting.  
The importance of Working Party Members' rev iew of legislation to the overall accession 
process cannot be overstated.  We stand ready  to review any/all legislation and provide 
comments.  
Answer:
 
Tajikistan will submit the revised legislative action plan prior to the next Working Party meeting. 
Tajikistan will also submit any new/draft legislation for Working Party review as it becomes available.  
Question 14 Question 54 of document WT/ACC/TJK/15:  In response to the question about on what 
grounds, if any, may an arbitral  decision not be enforced by courts in Tajikistan, Tajikistan 
responded that the Economic Court can decline recognition and execution of the whole or part of a foreign arbitration award when the foreign  arbitration court contradicts the public policy 
of the Republic of Tajikistan.   
Can Tajikistan provide examples of what constitutes "public policy"?   Are their precedents in Tajikistan for foreign arbitration awards being declined on these 
grounds?  Please describe the precedents and the public policies that were in question.  
Answer:
 
The issue of public policy/ordre public has been  discussed by legal scholars and practitioners for 
years.  There are different understandings, however the final definition has not been provided by any 
international forum or organization.  Article V.2 of the New York Convention and Article 36 of the 
UNCITRAL Model Law provide for the right of a country to decline the recognition of an arbitral award on the grounds of public policy, but neither document provides details.  
The legislation of Tajikistan does not provide the definition of the public policy, either.  WT/ACC/TJK/17 
 Page 9 
 
 
 Under such circumstances, public policy in Tajikista n could be understood to mean the complete legal 
system of Tajikistan based on fundamental principl es of independence, integrity, sustainability and 
inviolability of fundamental constitutio nal rights, freedoms and safeguards. 
The principles involved in deciding on recognition of  a foreign arbitral award include the following: 
− The court cannot review the merits of the arbitr al case.  The public po licy issue can arise not 
because of the award itself and/or its merits, but  because of the effects of its enforcement in 
Tajikistan that may be contrary to the basic pr inciples of the legal system of Tajikistan.   
− Where the arbitral award has been based on Tajik  substantive law, there should be a justified 
presumption that such an award cannot be c ontrary to the public policy of Tajikistan. 
− Possible cases where the foreign arbitral award would not be recognized include the 
following: 
- If the recognition and enforcement of the foreign arbitral award would violate 
fundamental human rights guaranteed by  the Constitution and international 
documents binding on Tajikistan; 
 - If the arbitral award is contrary the substa ntive laws of Tajikistan (for example, if the 
award grants a property right to an object that under the Tajik law cannot be privately owned); and 
 - If the arbitration had no jurisdiction a nd/or where due process was not respected.  
Please note, however, that there were no cases of fore ign arbitration awards being declined on these 
grounds in Tajikistan and therefore, no such precedents. 
Question 15 
Paragraph 58:  Please describe any sub-central au thorities or governing entities in Tajikistan 
other than the Gorno-Badakhshan Autonomous Oblast (GBAO).     
We seek the following commitment from Tajiki stan concerning the uniform application of 
WTO provisions within its territory: 
[The representative of Tajikistan confirmed that sub-central entities had no autonomous 
authority over issues of subsidies, taxation,  trade policy or any other measures covered 
by WTO provisions.  He confirmed that the provisions of the WTO Agreement, including Tajikistan's Protocol, would be applied uniformly throughout its customs 
territory and other territories under its control,  including in regions engaging in border 
trade or frontier traffic, special economic zo nes, and other areas where special regimes 
for tariffs, taxes and regulations are estab lished.  He further confirmed that when 
apprised of a situation where WTO provisions were not being applied or were applied in a non-uniform manner, the central authorities would act to enforce WTO provisions 
without requiring affected parties to petiti on through the courts.  The Working Party 
took note of these commitments.] 
Answer:
 
There are no other sub-central authorities or governin g entities in Tajikistan that have status or powers 
identical or similar to those granted to the Go rno-Badakhshan Autonomous Oblast (GBAO).     
Tajikistan accepts the commitment as suggested. WT/ACC/TJK/17 
Page 10  
 
 Question 16 
Paragraph 62:  We need a more specific descri ption in the draft "Elements" text of the 
administrative appeals process for issues invol ving WTO provisions and judicial review. 
Please elaborate on the administrative appeals process in place to handle WTO issues, e.g., 
customs issues including tariffs, licenses, and customs procedures; TBT and SPS certification 
issues; services licensing issues; and issues conc erning the protection of intellectual property.  
Please indicate if there are special administrati ve tribunals involved and the point of last 
administrative appeal possible.   
In addition, please clarify, in the text, at what point such administrative disputes may be 
appealed to the courts, specifying which courts would have jurisdiction and the court of last 
appeal. 
Answer:
 
In accordance with the Law on Administrative Procee dings any natural or legal person who is a party 
to an administrative proceeding has the right to appeal any act, action or lack of action of the 
administrative authority or its official.  An appeal ma y be lodged if the person is of the opinion that by 
such act, action or lack of action his/her rights, fre edoms or legal interests have been violated or 
exercising such rights has been hindered, or if he/s he has been imposed an obligation in contravention 
of the law.  An appeal must be lodged in writing. 
In the case of an act, action or lack of action of the customs authority or its official, an appeal may be 
lodged to the second instance authority within th e customs administration.  The second instance 
authority is the head of the organizational unit of  the customs administration (department) whose act, 
action or lack of action is subject to appeal.  Where the act, action or lack of action of the head of the 
department is subject to appeal, the second instance authority is a department of the immediate higher 
rank.  In the latter case an appeal may be lodged th rough the first instance authority or directly to the 
second instance authority.  An appeal may be lodged  within one month from the date when the party 
to the proceedings became aware of the violation of rights, or from the date when the time limit for 
the administrative authority to act has expired, or  from the date when the decision was communicated 
to the party, depending on the circumstances of the case.  In the case of the administrative penalty, an 
appeal may be lodged within ten calendar days.  With in five calendar days of the filing date of an 
appeal, the first instance authority must convey all the case files to the second instance authority.  An 
appeal does not defer the enforcemen t of the first instance decision. 
The second instance authority must decide the case  within one month from the filing date of an 
appeal.  Where there is no need for additional anal ysis and verification the case must be decided not 
later than 15 calendar days from the filing date of  an appeal.  The second instance decision can be 
subject to the court review.   
The procedure described above is also applicable to any administrative proceedings involving tariffs, 
licenses, TBT and SPS certification issues, serv ices licensing issues and issues concerning the 
protection of intellectual property. 
All administrative decisions may be also appealed to court or to the prosecutor's office.  The party to 
the administrative proceedings has a right to requ est the court review and/or an action of the 
prosecutor at any time – before, simultaneously or af ter lodging an appeal. Lodging an appeal to the 
administrative authority does not preclude the appellant to request the court review and/or an action of 
the prosecutor.  The party to the proceedings may c hose to request the court review and/or an action 
of the prosecutor without the need to initially l odge an appeal to the administrative authority.  WT/ACC/TJK/17 
 Page 11 
 
 
 There are no specialized administrative courts in Tajikistan. The court review is provided by the 
commercial court, if the party to proceedings is a le gal person or by the court of general jurisdiction, 
if the party is a natural person.  Court decisions in  administrative matters can be appealed.  The court 
of the last instance is the Superior Commercial Court or the Supreme Court of the Republic of 
Tajikistan, as the case may be. 
Where the court finds that the rights of a party to the administrative proceedings have been violated 
by an act, action or lack of action of the administrative authority or its official, it will overturn the administrative decision, identify violations and return the case to the administrative authority 
instructing it how to decide the case.  
Under the legal system of Tajikistan, upon the request  of an interested part y, prosecutor office also 
has the right to review an act, action or lack of ac tion of the administrative authority or its official and 
to take appropriate measures for elimination of an y violations of law.  Decisions and/or measures 
taken by the prosecutor do not preclude the right of a party to the administrative proceedings to request the court review. 
Question 17 
We seek the following commitment from Tajikist an concerning the right of administrative and 
judicial appeal concerning the issues involving WTO provisions: 
[The representative of Tajikistan confirmed th at from the date of accession Tajikistan's 
laws would provide for the right to appeal administrative rulings on matters subject to 
WTO provisions to an independent tribunal in conformity with WTO obligations, including those set out in Article X of th e GATT 1994, Article 23 of the Agreement on 
Subsidies and Countervailing Measures, Article 11 of the Agreement on Implementation 
of Article VII of the GATT 1994, Article 62 of the Agreement on Trade-Related Aspects 
of Intellectual Property Rights and Article VI of GATS.  The Working Party took note of this commitment.] 
Answer:
 
Tajikistan accepts the commitment as suggested. 
IV.  POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 18 Please explain how a non-resident individual (as opposed to a firm) could be the importer of 
record for a product entering Tajikistan – e.g., wo uld s/he follow procedures similar to those for 
legal entities outlined in paragraph 67?   
Answer:
 
Non-resident individual (natural person) can be declar ant (importer of record) only if he/she registers 
in Tajikistan as an individual entrepreneur in acco rdance with the Law on State Registration of Legal 
Entities and Individual Entrepreneurs. Registrati on procedures for an individual entrepreneur are 
similar to those applicable to registration of legal entities. In addition, non-resident (foreign) 
individual entrepreneur must submit the copy of the document certifying his right to reside and WT/ACC/TJK/17 
Page 12  
 
 perform commercial activity in the territory of th e Republic of Tajikistan (visa, registration card, 
resident permit).  
An individual entrepreneur may chose to register fo r activities within the territory of Tajikistan only, 
without the right to employ other people (patent) or to register for the activities in Tajikistan and 
abroad, including import and export, with the righ t to employ other people without limitations 
(certificate).  Currently, the registration fee in the former case is 35 Somoni (US$8) and 70 Somoni  
(US$16) in the latter.  The fees are identical for foreign and domestic persons. 
Question 19 
Paragraph 67:  Given that registration appears to  be a prerequisite to the right to import, the 
fees for registration should not discriminate agains t foreign ownership and should be limited to 
the approximate cost of services rendered, as required by GATT Article VIII.  Please explain 
how the State duty for registration will be revised accordingly. 
Answer:
 
In order to eliminate discrimination against fore ign ownership Tajikistan has equalized amounts of 
State duty for foreign and domestic persons (Law on Changes and Amendments to the Law on State 
Duties No. 586 of 12 January 2010).  Furthermore, this duty has been established in the amount equal 
to 25 calculation units (calculation unit is the mi nimum monthly wage which equals to 60 Somoni 
approximately US$14), which reflect the cost of services rendered.    
Question 20 
Paragraph 67:  Please explain the basis for requiring a minimum statutory fund with respect to 
a non-resident company that seeks only to import its products into Tajikistan, particularly in 
light of the obligation in GATT Article XI. 
Answer:  
The requirement for a minimum statutory fund do no t apply to non-resident company that seeks to 
import goods into Tajikistan through customs br oker without maintaining its commercial presence in 
the Republic of Tajikistan. 
According to Article 11(4) of the Law of the Re public of Tajikistan on State Registration of Legal 
Entities and Individual Entrepreneurs No. 508 date d 19 May 2009 it is not required to present the 
document proving the creation of the statutory fund to the State registration body with the purpose of state registration (inception of legal entity).  The document certifying the creation of the statutory 
fund has to be submitted to the State registrati on body within one year from the date of state 
registration of legal entity.  
Question 21 Paragraph 67:  We understand that Tajikistan does not require investment in order to import 
into the country, but does require "commercia l presence."  (See answer to Question 80 in 
document WT/ACC/TJK/15.)  To be clear, WTO rules on trading rights (founded on Articles III and XI of the GATT 1994) require th at a Member permit a non-resident firm or 
individual to import into that Member subject to minimal registration requirements (e.g., for 
purposes of collecting duties and taxes) that do not serve as barriers or significant costs to 
foreign products.  In this light, please explain wh at is meant by the requirement of "commercial 
presence," including the requirement to have a Taji k address in order to register for the right to  WT/ACC/TJK/17 
 Page 13 
 
 
 import.  For example, would a firm seeking only to import its product into Tajikistan satisfy 
this requirement by designating a local person or company as its contact point within Tajikistan 
(which appears to be what is suggested by  response to Question 81), or would more be 
required? 
Answer:  
In accordance with the Tajikistan's legal syst em, "commercial presence" actually means that 
importer/exporter must be established in Tajikistan, i.e. registered as  a juridical person or individual 
entrepreneur.  Thus, in order to be able to declar e the goods for import in Tajikistan (to be an importer 
of record), foreign legal or natura l person has two options to chose: 
− First option: foreign legal or natural pers on must establish commercial presence in the 
Republic of Tajikistan; 
− Second option: foreign legal or natural pe rson declares goods through customs broker. 
Currently, Tajikistan performs the analysis of its fo reign trade legislation in order to bring it into 
compliance with WTO rules and disciplines.  
Question 22 
Paragraph 72:  Please confirm that there are no circumstances under which imports must be 
handled by a broker in order to be allowed entry. 
Answer:  
There is no provision in the relevant legislation that  would require imports to  be handled by a broker 
in order to be allowed entry, under any circumst ances. Article 124 of the Customs Code explicitly 
prescribes that the declaration may be lodged either by the declarant (importer) or by the customs broker designated by the declarant. 
Question 23 
Paragraph 73 and Table 5(b):  Given that an acti vity licence is a prerequisite for importation of 
certain products, the fees for such a licence must  again be commensurate with the approximate 
cost of services rendered, pursuant to GATT Articl e VIII.  The activity licence fee for alcohol 
set out in Table 5(b) is intended to collect a portion of the profits of importers and does not comply with this requirement for a fee for service.   
Please explain how this fee, as well as others that do not satisfy the requirements of 
GATT Article VIII, will be modified to bring them in line with WTO rules. 
Answer:
 
Tajikistan will amend the relevant regulations prior to the accession to the WTO in order to separate 
the activity licence from the licence to import and in troduce only the fees that are based on the 
approximate costs of the services rendered. 
Question 24 
Paragraphs 73-74:  Please explain the rationale for requiring activity licenses (by definition, 
available only to firms located in Tajikistan ) as a prerequisite for the right to import WT/ACC/TJK/17 
Page 14  
 
 pharmaceuticals, medical goods, and alcohol.  Th is would appear to be a licensing requirement 
for distribution, not for importation, which is separate.   
Linking an activity licence with the right to import appears to place a restriction on imported 
goods.  Please explain why any legitimate objectives  could not equally be achieved by de-linking 
the activity licence from the right to import, and maintaining a requirement that imports may 
only be destined to be distributed by a Tajik customer possessing the appropriate activity 
licence to store/distribute the product. 
Answer:
 
Currently, Tajikistan performs the analysis of its fo reign trade legislation in order to bring it into 
compliance with WTO rules and disciplines.  Name ly, Tajikistan plans to de-link import licensing 
from the activity licensing.  Preparation of releva nt proposals will be finalized in the course of 2010. 
Question 25 
Paragraphs 69-70:  Is Tajikistan planning to remove the requirement that foreign individuals 
and legal entities need to maintain and register a commercial presence in Tajikistan in order to 
obtain the right to import good into Tajikistan? 
Answer:  
The analysis of the legislation in the area of foreign trade is under way in order to review the 
applicable system of commercial presence and th e right to import goods into the Republic of 
Tajikistan with the purpose of its further simplification and bringing it into compliance with WTO rules and disciplines prior to the accession of  the Republic Tajikistan to the WTO. 
A. IMPORT REGULATIONS 
- Ordinary customs duties 
Question 26 Please indicate in the text of this section Tajikistan's plans for adopting HS 2007.  What 
nomenclature does Tajikistan intend to establish its GATT Schedule in? 
Answer:
 
Tajikistan plans to adopt updated version of the Harmonized Commodity Description and Coding 
System (HS 2007) before accession to the WTO and to establish its GATT Schedule in this nomenclature.  
Question 27 
Paragraph 78:  What portion of Tajikistan's tariff lines is not ad valorem ?  In general, what 
tariff chapters contain these rates?  
Answer:
 
In accordance with the Decree of th e Government of the Republic of Tajikistan on the Customs Tariff 
No. 450 of 23 October 2003 import duties applicable to  goods in three tariff headings (22, 24 and 87)  WT/ACC/TJK/17 
 Page 15 
 
 
 are not established based on the value of goods ( ad valorem ) but rather as specific.  These headings 
include 224 tariff lines, which represent 2 per cent of all tariff lines. 
- Other duties and charges  
Question 28 Question 86 of document WT/ACC/TJK/15:  We appreciate Tajikistan's confirmation that it 
does not apply other duties and charges.  Please confirm that this means that Tajikistan will 
bind its ODCs at zero upon accession.  
Answer:
 
Yes, it does.  Tajikistan will bind its ODCs at zero upon accession. 
Question 29 
We seek the following commitment from Tajikistan  concerning its intentions on the application 
of ODCs after accession: 
[The representative of Tajikistan recalled that Tajikistan had bound all tariffs in its 
Schedule of Concessions and Commitments for G oods.  He confirmed that from the date 
of its accession Tajikistan would not apply other duties and charges within the meaning 
of Article II:1(b) of the GATT 1994 and would bind such other duties and charges at 
zero in relation to all products included in its Schedule of Concessions and Commitments for Goods.  The Working Pa rty took note of these commitments.] 
Answer:
 
Tajikistan accepts the commitment as suggested. 
Question 30 
Paragraph 76:  Tajikistan's nomenclature co ntains tariff lines descriptions based on 
geographical names.  Could Tajikistan provide more details on the characteristic of its 
nomenclature and how its compatibility wi th the MFN principle can be assured?  
Answer:  
The current nomenclature has been established by th e Decree of the Government of the Republic of 
Tajikistan No. 450 of 25 October 2003 on the Cu stoms Tariff of the Republic of Tajikistan.  
Tajikistan uses eleven-digit tariff nomenclature, which is used by foreign trade entities of the Eurasian 
Economic Community (EEC).  EEC nomenclature has been developed based on the HS 2002. 
Tajikistan will bring its system in compliance with  GATT, including compliance with MFN principle, 
not later than at the time of its accession to the WTO. WT/ACC/TJK/17 
Page 16  
 
 - Fees and charges for services rendered 
Question 31 Paragraph 85 states "These [state] duties were no t specifically levied on customs documents, 
applications for import or export licenses, or for any other import or export related activity."   
Are state duties applied to documents required fo r customs clearance or any other aspect of 
importation or exportation?  Are these state duties ad valorem or specific? 
Answer:
 
No, state duties are not applicable to documents necessary for customs clearance or any other aspect 
of import or export.  Most of the state duties are specific. 
Question 32 
Paragraph 86:  Please describe how Tajikistan know s that the fee structure outlined in Table 6 
is applied at rates that are approximate ly the cost of the service rendered?   
What is the disposition of revenues from these fees , e.g., are they sequestered for the sole use of 
customs processing, or are they  considered general revenues? 
Please indicate explicitly that this fee is levi ed on both imported and exported goods and that 
there is a minimum fee and a maximum fee applied. 
Are there any traded goods exempted from this f ee, e.g., goods imported from or exported to 
countries with which Tajikistan has a preferential trade arrangement? 
Answer:  
In order to alter the system of customs clearance fees Tajikistan has changed it from ad valorem  
system to a differential system, by establishing minimum and maximum fees.  This system is based on 
the research of the customs clearance on the border a nd the time needed by customs officers to clear 
the goods.  Thus, Tajikista n believes that the system of fees so established reflects the approximate 
costs of the services rendered.  Furthermore, Tajik istan notes that such system of customs clearance 
fees has not been introduced for the purpose of i ndirect protection of dom estic production and does 
not represent the taxation of import or export for fiscal purposes. 
Fee for the customs escort is calculated based on th e costs of the fuel need ed for the escort vehicle 
(return trip), costs of maintenance and depreciati on of the vehicle and the salaries of the escorting 
staff. 
Fee for the storage of goods in customs warehouses is calculated based on the costs of electric power 
and utilities payable for the keeping of the warehou se, maintenance costs a nd the salaries of the 
security staff. 
The earnings from customs clearance fees are rem itted to the special account of the Customs 
Administration.  The collected fees ar e distributed for the following purposes: 
− Financial stimulation of the staff of the Customs Administration; 
− Mandatory insurance of  the staff of the Customs Administration;  WT/ACC/TJK/17 
 Page 17 
 
 
 − Developing of the material/technical base, cons truction, reconstruction, modernization and 
repair of the customs infrastructure and the housing of the customs authorities; and 
− Construction, acquiring of living quarters and improvement of living conditions.  
The fee is levied on both imported and exported goods.  The minimum fee for customs clearance 
amounts to US$10 and a maximum fee amounts to US$900. 
There are no traded goods exempted from this fee, either based on the kind of goods or based on the 
origin of goods, even if there is a preferential trade agreement. 
Question 33 
Paragraph 84:  Could Tajikistan confirm that  the escort requirement and the corresponding 
escort fees have indeed been fully phased  out for trucks with TIR carnets? 
Answer:  
Tajikistan has ratified the TIR Convention on 11 Marc h 1996.  Therefore, Tajikistan confirms that 
escort requirement and the corresponding escort fees fo r trucks with TIR carnets have been fully 
phased out. 
Question 34 
Paragraphs 85-86:  The customs clearance fee rem ains dependant on the value of the cleared 
goods rather than being commensurate with the cost of the service rendered as is required by 
GATT Article VIII (1)(a).  Has Tajikistan alrea dy made plans to reform the customs clearance 
fee accordingly? 
Answer:  
In order to change the system of custom s clearance fees Tajikistan has changed it from ad valorem  
system to differential system, by establishing mini mum and maximum fees.  This system is based on 
the research of the customs clearance on the border a nd the time needed by customs officers to clear 
the goods.  Thus, Tajikista n believes that the system of fees so established reflects the approximate 
costs of the services rendered.  Furthermore, Tajik istan notes that such system of customs clearance 
fees has not been introduced for the purpose of i ndirect protection of dom estic production and does 
not represent the taxation of import or export for fiscal purposes. 
- Application of internal taxes to imports 
Question 35 
Paragraph 87:  Is the excise exemption for alco hol used for scientific purposes available equally 
for imported and domestically pro duced alcohol?  If not, please indicate Tajikistan's willingness 
to equalize tax treatment on this product. 
Answer:  
The Tax Code of 1998 has been abolished an d replaced by the new one, effective as of 
1 January 2005.  The current Tax Code does not pr ovide any excise exemption for alcohol used for 
scientific purposes. WT/ACC/TJK/17 
Page 18  
 
 Question 36 
Paragraph 88:  There is no basis in WTO provision s, or in the interpretation of those provisions 
in adopted panel and Appellate Body reports, to  discriminate in the tax treatment of distilled 
alcoholic beverages on the basis of colour.  Taji kistan must indicate how it intends to equalize 
the tax treatment on these products, as pr ovided for in Article III of the GATT 1994. 
Answer:
 
In order to bring the structure of excise taxes in  compliance with GATT Article III the Decree of the 
Government of the Republic of Tajikistan No . 189 of 30 March 2010 has been adopted, which 
provides for equal rates of excise taxes for Vodka and Spirits obtained by distilling grape wine or 
grape marc including Cognac. Please see the details below. 
Code Description Excise Tax 
Per cent or Euro per Litre 
Chapter 22 
Beverages, spirits and vinegar 
2207 Undenatured ethyl alcohol of an alcoholic strength by 
volume of 80 % vol or higher; ethyl alcohol and other 
spirits, denatured, of any strength; 0.50 €/1 litre 
2208 Undenatured ethyl alcohol of an alcoholic strength by 
volume of less than 80% vol; spirits, liqueurs and other 
spirituous beverages; 
Except: 1.25 €/1 litre 
100% alcohol 
2208 20 - Spirits obtained by distilling grape wine or grape marc: 2.5 €/1 litre 
100% alcohol 
2208 60 - Vodka 2.5 €/1 litre 
100% alcohol 
   
Question 37 
Paragraph 89:  Please provide information on th e tax base for excise taxes for domestic and for 
imported goods.  Please provide information on the tax base for VAT for domestically produced 
goods.  In particular, does it include excise taxes? 
Answer:  
Excise tax rates are prescribed by the Decree of th e Government of the Republic of Tajikistan on 
Excise Tax Rates for Particular Goods Manufactured and Imported in the Territory of the Republic of 
Tajikistan, No. 126 of 2 April 2005.  
Excise tax base for imported goods is regulated by  the Tax Code and encompasses the following: 
− Import value of imported goods determined by the customs authorities in accordance with the 
customs legislation of the Republic of  Tajikista n (however, this value cannot be less than the 
fair market price, excluding the VAT and the excise tax); and  
− Import duties and taxes payable for the import of goods at the moment of importation, 
excluding VAT and excise tax. 
Excise tax base for domestic goods encompasses th e compensation, i.e. the price (including the 
compensation received in kind) which is received by the seller from the buyer (or any other person) 
for the goods sold, or the one that the seller is en titled to receive, excluding VAT, excise tax and retail  WT/ACC/TJK/17 
 Page 19 
 
 
 sales tax.  In the case of retail sale, the tax base  is the market price, excluding VAT, excise tax and 
retail sales tax.  
VAT tax base for domestically produ ced goods encompasses the following: 
− The compensation, i.e. the price (including the compensation received in kind), which is 
received by the seller from the buyer (or any othe r person) for the goods sold, or the one that 
the seller is entitled to receive; and 
− Any dues, taxes or other charges, excluding VAT and retail sales tax. 
VAT tax base for domestically produced goods includes excise taxes. VAT rate is currently 18 per cent. 
Question 38 
Paragraph 90:  Please provide information on  "the supply of goods, works and services by 
penitentiary agencies or State enterprises involved in the penitentiary system of Tajikistan." 
Answer:
 
Penitentiary institutions in Tajikistan are allowed to be involved in commercial activities, i.e. to 
manufacture goods or provide services.  In such a case, in accordance with Article 211 of the 
Tax Code, sale of the goods or providing of services is not subject to VAT.   
Question 39 
Paragraph 90:  Are any of the VAT exemptions listed that involve goods denied to similar 
imported goods? 
Answer:  
In accordance with paragraph 4 of Article 211 of  the Tax Code, the following imported goods are not 
VAT exempted: 
− Children's goods (clothing, shoes, head dresses, hosiery and socks);  
− Newspapers, magazines, art literature, childre n's literature, scientific books, technical books 
and textbooks; and 
− Items of folk art and folk musical instruments. 
Question 40 
Question 94 (document WT/ACC/TJK/15)/Paragra phs 89-92:   The responses provided and the 
description in the draft Elements report on the issue of whether the VAT applied to imports of 
cotton, cotton fibre, and aluminium is applied as  well to domestically produced goods still raise 
concerns that there may be a potential Article III/national treatment problem.  Tajikistan 
clarified that the VAT is not applied to cotton fibre and aluminium, a sales tax of 10 per cent on 
cotton fibre and 3 per cent on primary aluminium is assessed.  Paragraph 89 states that VAT is 
levied at a single rate of 20 per cent.    WT/ACC/TJK/17 
Page 20  
 
 Answer:
 
Tajikistan performs activities related to the reform of  the system of taxation of domestically produced 
cotton and aluminium and equalizing tax treatment  of domestic and importe d goods in line with 
GATT Article III(2).  Amendments to the appropriat e legislation are planned to take place in the 
course of 2010.  
Question 41 Question 95 of document WT/ACC/TJK/15:  We would appreciate an update on government 
efforts to come up with a specific plan of action to address this national treatment issue.  In the 
answer to Question 95, Tajikistan responded that  ministries and departments are developing 
proposals to simplify export and import proced ures and to amend relevant articles of the Tax 
Code, including the replacement of the sales tax wi th the VAT tax.  Please provide an update on 
the Government's progress since the Au gust 2008 replies in these areas.  
Please clarify that Tajikistan recognizes the disc riminatory treatment involved in the present 
system and confirm that it is Tajikistan's in tent to eliminate this discrimination prior to 
accession, e.g., by applying the VAT to domestic products of this kind or otherwise equalizing 
the level of taxation applied, in line with the requirements of Article III of the GATT 1994. 
Answer:
 
Please see the answer to Question 40 above. 
Question 42 
Following is our suggestion for a commitment fo r this section.  We reserve the right to seek 
specific changes in the language  if circumstances warrant it. 
[The representative of Tajikistan confirmed that, from the date of accession, Tajikistan 
would apply its domestic taxes, including those on products listed in Table [...] in a non-discriminatory manner to imports regardless of country of origin and to domestically-
produced goods in compliance with Articles  I and III of the GATT 1994.  The Working 
Party took note of this commitment.] 
Answer:
 
Tajikistan accepts the commitment as suggested. 
Question 43 
Paragraph 92:  Could Tajikistan update on the progress in reforming the taxation of 
domestically produced cotton and aluminium so as  to ensure equal tax treatment of domestic 
and imported goods in line with GATT Article III(2)? 
Answer:  
Tajikistan performs activities related to the reform of  the system of taxation of domestically produced 
cotton and aluminium in order to equalize tax trea tment of domestic and impor ted goods in line with 
GATT Article III(2). The appropriate legislative ame ndments are planned to take place in the course 
of 2010.  WT/ACC/TJK/17 
 Page 21 
 
 
 - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 44 Paragraph 95:  Please clarify the scope of the res trictions applied to ethyl alcohol as described 
in paragraph 95.   
Do the import restrictions on ethyl alcohol ex tend to non-food products that contain ethyl 
alcohol, such as cosmetics, perfumes, dental  (mouthwashes), or in other industrial/consumer 
applications (solvents, anti-freeze, etc)?     
Answer:
 
No, they don't. 
Question 45 
We remain concerned about laws such as Resolution No. 131 "On Approving of Regulations 
Related to State Regulation of Production and Turnover of Ethyl Alcohol and Alcoholic 
Beverages" that would potentially allow for quant itative import restrictions on alcohol to be 
applied without regard to WTO provisions.  Does Ta jikistan plan to revise this legislation?  
Answer:  
Tajikistan plans to review the legislation in th is area and ensure compliance with WTO rules and 
disciplines.  Amendments to the relevant legisl ation are planned to take place in the course 
2010-2011.  
Question 46 
Question 103 of document WT/ACC/TJK/15:  In response to Question 103 regarding the HS 
numbers of products that are subject to licen sing requirements for cryptographic equipment, 
Tajikistan provide three HS 4-digit headings – 8471, 8473 and 8548 that cover a number of 
products that either do not contain encryption or  use encryption at a level widely available in 
commercial products.  For example:  8471 c overs automatic data processing units, keyboards, 
scanners, and storage units, among other goods; 8473 includes parts for those goods as well as for calculators, duplicating machines, etc.; and 8548 includes waste – mainly spent cells and 
batteries.   
It remains unclear why this broad product cover age is necessary and how Tajikistan justifies 
targeting these 4-digit categories.  Further, the answer provided to Question 103 does not 
conform with the text in paragraph 98 of the Elements Report that the licensing requirement related to cryptographic devices "did not exte nd to everyday consumer products containing 
encryption equipment and software such as cell phones and laptop computers."  
To provide a better assurance to Members, please provide:  (1) more specific information about 
the intended goods and how Tajikistan justifies their inclusion under these requirements, and 
(2) an HS 8-digit list of the goods covered by Tajikistan's import licensing regime related to cryptographic items.  
We seek a commitment that provides specific a ssurance that no government or ministry 
examinations or tests related to cryptography , government or ministry permits, prior 
authorizations, decisions of the government, activity or import licenses, are required for the WT/ACC/TJK/17 
Page 22  
 
 importation of information technology and telepho ne-related goods of a commercial nature.  We 
would like to work with Tajikistan to develop such a commitment.    
Answer:
 
The State Committee for the National Security of the Republic of Tajikistan is in charge of all the 
issues related to cryptographic and engineering-t echnical security and encrypted, secret and coded 
communication in the Republic of Tajikistan and the organizations of the Republic of Tajikistan 
located outside the territory of the Republic of Tajikistan. 
Currently, the list of cryptographic devices subject  to government licensing requirements is under 
review.  The list will be submitted to the Working Party as soon as it is established. 
Question 47 
Question 108 of document WT/ACC/TJK/15:  We appreciate Tajikistan's assurances in the 
answer to Question 108 that it will develop proce dures for import licensing consistent with the 
WTO Agreement on Import Licensing.  Given the wide range of areas that are currently 
licensed and the complexity of the procedures, as well as of various approaches (including 
government decisions, permits, prior authorizations and licenses), it is essential that WTO-
consistent legislation be finalized in this area prior to accession.   
We seek a commitment for this section addressi ng our concerns, along the following lines: 
[The representative of Tajikistan confirmed that from the date of accession, Tajikistan 
would implement its import licensing proce dures, including those relating to publication 
and provision of information on automatic and non-automatic licences, in conformity 
with the WTO Agreement on Import Licensing  Procedures, and that the provisions of 
the Agreement would be reflected in its laws and regulations.  He also confirmed that 
from the date of accession, Tajikistan wo uld eliminate and would not introduce, re-
introduce or apply quantitative restrictions on imports or other non-tariff measures 
such as licensing, quotas, bans, permits, prior authorization requirements, and other 
restrictions having equivalent effect, that could not be justified under the provisions of 
the WTO Agreement, including measures referred to in [Table 8].  He further 
confirmed that the legal authority of Tajikistan to suspend imports and exports or to apply licensing or other requirements that coul d be used to suspend, ban, or otherwise 
restrict the quantity of trade would be applie d from the date of accession in conformity 
with the requirements of the WTO Agreement , including Articles XI, XII, XIII, XIX, 
XX, and XXI of the GATT 1994, and the Agreem ents on Agriculture, Sanitary and 
Phytosanitary Measures, Import Licensing  Procedures, Safeguards and Technical 
Barriers to Trade.  The Working Party took note of these commitments.] 
Answer:
 
Tajikistan accepts the commitment as suggested. 
Question 48 
We welcome Tajikistan's commitment to streamline and amend its licensing system so that is it 
fully in line with the WTO requirement and l ook forward to receiving the questionnaire on 
Import Licensing.  What is the expected time line for adopting and implementing the necessary 
changes?   WT/ACC/TJK/17 
 Page 23 
 
 
 Answer:  
The Import Licensing Questionnaire can be fou nd in document WT/ACC/TJK/19.  The necessary 
legislative changes are planned to ta ke place in the course of 2010-2011.  
Question 49 
Paragraphs 95-97:  We welcome Tajikistan's announced plans to liberalise imports of ethyl 
alcohol and alcoholic beverages, including the abolishment of import quotas, of the 
pre-requirement to posses an activity licence and of non-automatic import licences.  When are 
these measures expected to be enacted? 
Answer:  
Tajikistan plans to review the legislation in th is area and ensure compliance with WTO rules and 
disciplines.  Introduction of amendments to the approp riate legislation is planned to take place in the 
course of 2010-2011. 
Question 50 
Paragraph 98 and Table 8:  Could Tajikistan outline the procedure for acquiring the 
permission to import poisonous substances, chemical agents etc? 
Answer:  
In accordance with the Decree on the Commission on Chemical Safety of the Republic of Tajikistan, 
issued by the Government of Tajikistan under No. 299 of 3 July 2003, all the chemical substances, 
biological agents, growth stimulators, mineral fer tilizers, other compounds and agents that are to be 
used or imported to Tajikistan for the first time  must be subject to biological, toxicological, and 
ecological examination in laboratories and in the fi eld, and if the results of the examination are 
positive, must be registered by the Commission.  
In accordance with the Law of the Republic of Tajikistan on Providing Sanitary-Epidemiological 
Safety of the Population, (No. 49 of 8 December 2003), the Government of the Republic of Tajikistan 
maintains the register of potentially harmful ch emical, biological and radio-active substances, 
production and consumption wastes.  It also maintain s the register of specific products imported for 
the first time in the Republic of Tajikistan.  All of these products can be imported only if the sanitary-
epidemiological conclusion (certificate) has been obtained.  
The manner of issuing of the sanitary-epidemiological  certificate is regulated by the Decree of the 
Government of the Republic of Tajikistan No. 139 of 31 March 2004.  In order to obtain the 
certificate, an applicant must apply in writing to the authority responsible for sanitary-epidemiological 
matters (State Sanitary Epidemiology Service if the Republic of Tajikistan) and provide information 
on the name of the legal entity, its organizational form and the legal address, or in the case of an 
entrepreneur or a natural person, on the name and address, and the information on the kind of 
commercial or other activity that the applicant is involved in. 
In addition to the application, an ap plicant must present the following: 
− Proof of payment made for the examination of the application; 
− Information on technical abilities and equipm ent necessary for the commercial or other 
activity; 
− Copy of the quality certificat e for the goods in question. WT/ACC/TJK/17 
Page 24  
 
 The responsible authority may require the applicant to submit additional documents. 
The certificate is issued based on the results of the sanitary-epidemiological assessment, examination 
and review of relevant facts.  The certificate is issued separately for each commercial or other activity. 
A decision on issuing the certificate must be made in three days from the filing date of the application 
(with all the necessary documents) for perishable goods,  and not later than 30 days for other goods.  
The certificate is issued in four copies, on a sp ecial form, in Tajik and Russian languages and is 
signed by the Chief Sanitary Doctor of the Repub lic of Tajikistan or by any of his deputies.  
Question 51 
Could Tajikistan specify which products are contained in the category of radio-electronic 
facilities and high-frequency devices and for which import permission is required?  Is a similar 
restriction imposed on domestic production? 
Answer:
 
There is no list that would contain products falling in the category of radio-electronic facilities and 
high-frequency devices and for which import permission is  required.  However, there is a list of such 
products that do not require the import permission, wh ich was approved by the De cree of the Head of 
the State Agency for Supervision and Control in the Field of Telecommunications and IT, No. 209-10 
of 19 March 2009.  Please, see Table 4 below for details.  
Table 4:  List of Radio-electronic Facilities and High-frequency Devices not Subject to Import 
Permission  
No. Radio Electronic 
Device Nominal Radio Frequency Band Used/Units Power 
Capability of 
Transmitter 
Radiation 
1 Data terminal 
equipment used in 
mobile network up to three units  
2 Wireless microphone 
used in concerts Fixed frequency: 165.70, 166.10, 166.50, 167.15 MHz up to 20 mW 
3 Wireless microphone 
for karaoke  66-74 MHz 87,5-92 MHz 100-108 MHz up to 10 mW 
4 Wireless concert 
microphones  151-216 MHz, 175-230 MHz 470-639 MHz, 
710-726 MHz up to 5 mW 
5 Radio alarm devices 
for vehicles  26,945 MHz  up to 2 mW  
6 Radio alarm devices 
for premises  26,960 MHz up to 2 mW 
7 Radio alarm devices 
for vehicles 433,075-434, 79 MHz (433, 92 MHz=0.2 per cent).   up to 5 mW 
8 Remote  control 
devices for alarm and 
warning systems 433,075-434, 79 MHz (433, 92 MHz=0.2 per cent). up to 10 mW 
9 Radio-control units for 
models (planes, boats, 
etc.) 28 MHz frequency 
range 28,0-28,2 MHz up to 1 W  WT/ACC/TJK/17 
 Page 25 
 
 
 No. Radio Electronic 
Device Nominal Radio Frequency Band Used/Units Power 
Capability of 
Transmitter 
Radiation 
10 Radio-control units for 
models (planes, boats, 
etc.) 40 MHz frequency 
range 40,66,-40,70 MHz up to 1 W 
11 Radio Electronic 
Devices for bar code 
processing and 
transmission of information received 
from these codes, 430 
MHz frequency range 433,075-434, 79 MHz (433, 92 MHz=0.2 per cent). up to 10 mW 
12 Audio – radio training 
devices for hearing 
impaired 33,200; 33,350; 33,450; 33,550; 33,575; 33,600; 33,750; 
33,850; 33,875; 33,900; 34,050; 34,150; 34,175; 34,200; 
34,300; 34,375; 34,400; 34,975; 35,025; 35,150; 35,225; 
35,375; 35,550; 35,650; 35,950; 35,975; 36,025; 36,075; 36,125; 36,175; 36,225; 36,275; 36,325; 36,375; 36,425; 
36,475; 36,525; 36,575; 36,625; 36,675; 36,725; 36,775; 
36,825; 36,875; 36,625; 36,975; 37,025; 37,075; 37,125; 37,175; 37,225; 37,275; 37,325; 37,375; 37,425; 37,475; 
37,525; 37,575; 37,625; 37,675; 37,725; 37,775; 37,825; 
37,875; 37,925; 37,975; 38,025; 38,075; 38,125; 38,175; 38,225; 38,275; 38,325; 38,375; 38,425; 38,475; 38,525; 
38,575; 38,625; 38,675; 38,725; 38,775; 39,025; 39,225; 
39,400; 39,600; 39,750; 39,850; 39,925; 39,975; 40,050; 
40,150; 40,250; 40,325; 40,425; 40,650; 40,825; 41,300; 
41,325; 41,350; 41,375; 41,400; 41,500; 41,600; 41,625; 41,650; 41,675; 41,700; 41,750; 41,800; 41,900; 41,950; 
42,100; 42,150; 42,200; 42,250; 42,350; 42,450; 42,475; 
42,500; 42,525; 42,550; 42,575; 42,600; 42,625; 42,650; 42,675; 42,700; 42,725; 42,750; 42,800; 42,850; 42,950; 
42,975; 43,000; 43,150; 43,175; 43,200; 43,225; 43,250; 
43,400; 43,500; 43,700; 43,725; 43,750; 43,800; 44,000; 44,150; 44,400; 44,475; 44,500; 44,650; 44,750; 44,975; 
45,000; 45,800; 45,950; 45,975; 46,000; 46,125; 46,175; 
46,225; 46,425; 46,450; 46,475; 46,550; 46,575; 46,600; 46,650; 46,675; 46,700; 46,775; 46,800; 46,825; 46,850; 
46,875; 46,925; 46,950; 46,975; 47,000; 47,075; 47,125; 
47,250; 47,300; 47,375; 47,400; 47,425; 47,450; 47,550; 47,575; 47,625; 47,675; 47,700; 47,725; 47,825; 47,850; 
47,875; 47,925; 47,975; 48,075; 48,125; 48,150; 48,175; 
48,325; 48,350; 48,375; 48,425; 48,450; 48,475; 57,0125; 57,0250; 57,0375; 57,0500; 57,0625; 57,0750; 57,0875; 
57,1000; 57,1125; 57,1250; 57,1375; 57,1500; 57,1625; 
57,1750; 57,1875; 57,2000; 57,2125; 57,2250; 57,2375; 
57,2500; 57,2625; 57,2750; 57,2875; 57,3000; 57,3125; 
57,3250; 57,3375; 57,3500; 57,3625; 57,3750; 57,3875; 57,4000; 57,4125; 57,4250; 57,4375; 57,4500; 57,4750; 
57,4875; 57,5000 MHz  up to 10 mW 
 WT/ACC/TJK/17 
Page 26  
 
 Under the same Decree, in addition to those liste d in Table 4, the following products also do not 
require the import permit:  
− Radio sets, TV sets, video tape recorders with remote control;  
− Open door sensors;  
− Car parking devices;   
− Wireless child monitors;  
− Radio-controlled toys; and  
− Any radio devices with the range not exceeding 100 meters (radiated power up to 0.1 W). 
All the products falling in the category of radio- electronic facilities and hi gh-frequency devices not 
listed above are subject to import permission. 
The identical regime is applicable to domestic production. 
Question 52 
Could Tajikistan specify which products are co ntained in the category of cryptographic devices 
and for which a government decision is required  for importation? Is a similar restriction 
imposed on domestic production? 
Answer:
 
The State Committee for the National Security of the Republic of Tajikistan is in charge of all the 
issues related to cryptographic and engineering-t echnical security and encrypted, secret and coded 
communication in the Republic of Tajikistan and by  the organizations of the Republic of Tajikistan 
located outside the territory of the Republic of Tajikistan. 
Currently, the list of cryptographic devices subject  to government licensing requirements is under 
review. The list will be submitted to the Working Party as soon as it is established. 
There is no domestic production of cr yptographic devices in Tajikistan.   
Question 53 
Document WT/ACC/TJK/15 – Question 171 and Annex VI:  With regard to imported goods 
subject to a veterinary certificate, could Tajikistan clarify if all types of animal by-product, 
composite products, compound feed and pet food of non-animal origin and animal feed, in 
particular feed additives and feed materials, are also subject to veterinary certification? 
Answer:  
Yes, all types of animal by-product, composite products, compound feed and pet food of non-animal 
origin and animal feed, including feed additives and feed materials, are subject to veterinary 
certification. 
Question 54 
Document WT/ACC/TJK/16 - Question 28:  Question 28 asked about the import licensing 
requirements for beer and spirit-based goods.  In  Tajikistan's response, it indicated only the 
purpose and objectives of the licensing requirement but not what the exact requirements themselves and the procedures to follow to obtain  the licence.   Paragraph 95 of the Draft 
Report of the Working Party (document WT/ACC/SPEC/TJK/4) says only that licensed  WT/ACC/TJK/17 
 Page 27 
 
 
 enterprises would be considered to be legitimate  producers and therefore eligible to obtain an 
import licensing requirement.  Does this extend to  all imports of alcohol (beer and spirit-based 
goods) or does it only apply to ethyl alcohol?  
Do only domestic producers have the right to apply for an import licence for alcohol that is 
produced outside of Tajikistan?  What are the specific application procedures that are 
necessary to be a "legitimate producer " and to apply for an import licence? 
Answer:  
Detailed information on the import licensing proce dures could be found in the Questionnaire on 
Import Licensing Procedure, which has been prepared, and subsequent to approval by the Government 
of the Republic of Tajikistan will be presented to the Working Party for review prior to the next 
meeting. 
- Customs valuation 
Question 55 Tajikistan has been requested to respond to the Questionnaire on Customs Valuation and has 
heretofore ignored this request.   
We again request this information be provided, as required in WT/ACC/1, and it should be 
prepared and circulated well prior to the next meeting of the Working Party. 
We seek Tajikistan's explicit confirmation in a written response to this question that it will 
provide this information and in a timely manner prior to the next Working Party meeting as part of the information necessary  to hold the meeting.  We do not believe another Working 
Party meeting would be useful unless this inform ation is provided or an acceptable reason why 
not. 
In addition, please provide in translation all rele vant texts in laws or regulations that address 
Tajikistan's implementation of the Customs Va luation Agreement.  Has the "(draft normative 
act) Regulation "On methods of applying Customs Valuation"," incorporating the text of the Interpretative Notes of the Customs Valuation Agreement in Tajikistan's legal regime, been 
made available for Working Party review?  If  not, when will that be possible?   
We will not be able to conclude this negotiation without such information. 
Answer:
 
The Customs Valuation Questionnaire can be found  in document WT/ACC/TJK/20.  The Regulation 
on Methods of Applying Customs Valuation is the part  of the effort to amend the customs legislation 
by including all the relevant provisions of the a pplicable WTO Agreements (including interpretative 
notes).  The amendments are planned to take pl ace prior to the date of accession to the WTO.  
Question 56 
The provisions of the WTO Agreement and the ag reements in its Annexes contemplate a price-
based system of trade regulation, which makes valuation rules all the more important to the 
functioning of the entire international trading system.  In this context, we are seeking a 
commitment for the Working Party Re port along the following lines: WT/ACC/TJK/17 
Page 28  
 
 [The representative of Tajikistan confirmed that, from the date of accession, Tajikistan 
would apply its customs valuation laws, regul ations and practices, including those to 
prevent under-valuation of goods, in confor mity with the WTO Agreement, including 
Article I of the GATT 1994, the Agreement on Implementation of Article VII of GATT 1994 and Annex I (Interpretative Notes).  Accordingly, from the date of accession 
to the WTO, Tajikistan would not use any form of minimum value, such as reference 
prices or fixed valuation schedules for customs valuation of goods.  In addition, Tajikistan would ensure that in the event th at its customs service could not determine 
the proper customs value or disputed the transaction value offered, it would release the goods subject to the posting of a bond or other security for the maximum amount of the 
customs duties that could be owed, as provided for in the Agreement.  He further 
confirmed that, in determining the value of imports, Tajikistan would apply the provisions of paragraph 2 of Decision No. 4.1 of the Committee on Valuation of Carrier Media Bearing Software for Data Processing Equipment (providing that valuation of 
software was based on the value of the media)  and Decision No. 3.1 on the Treatment of 
Interest Charges in Customs Value of Imported  Goods.  The Working Party took note of 
these commitments.] 
Answer:
 
Tajikistan accepts the commitment as suggested. 
Question 57 
We look forward to receiving the comp leted Customs Valuation Questionnaire. 
Answer:  
The Customs Valuation Questionnaire can be found in document WT/ACC/TJK/20. 
Question 58 
Paragraph 108:  Has Tajikistan already establishe d in its Customs Code the price definition of 
the "price actually paid or payable"? 
Answer:  
The definition of the "price actually paid or pa yable" as provided in Article 1 of the Customs 
Valuation Agreement is not included in the current  Customs Code.  However, amendments to the 
customs legislation that are being prepared will include the appropriate definition.  The draft 
amendments will be submitted to the Working Party as soon as it is available. 
- Rules of origin 
Question 59 
In light of the statement in paragraph 112 of the "Elements" document, we suggest the 
following text for a commitment: 
[The representative of Tajikistan confirmed th at from the date of accession Tajikistan's 
preferential and non-preferential rules of origin would comply with the 
WTO Agreement on Rules of Origin.  He added that the requirements of Article 2(h) 
and Annex II, paragraph 3(d) of the Agreement, which require, inter alia , provision  WT/ACC/TJK/17 
 Page 29 
 
 
 upon request of an assessment of the origin of the import and outline the terms under 
which it will be provided, have been estab lished in Tajikistan's legal framework.  
The Working Party took note of these commitments.] 
Answer:  
Tajikistan accepts the commitment as suggested. Question 60 Could Tajikistan explain whether it makes any di stinction between the origin rules applied for 
preferential and for non-preferential purposes?  
Answer:
 
There is no difference between the rules of origin  applied for preferential and for non-preferential 
purposes.  Identical rules apply in both situations. 
- Pre-shipment inspection 
Question 61 In light of the existence of the authority to  use PSI services, we propose the following 
commitment text: 
[The representative of Tajikistan confirmed that if pre-shipment inspection 
requirements were to be introduced in the future, such requirements would be 
temporary, and would comply with th e requirements of the WTO Agreement on 
Pre-shipment Inspection and other WTO agree ments.  Tajikistan would ensure that 
pre-shipment inspection enterprises operating on its behalf complied with the provisions 
of the WTO Agreement, including the Agree ments on Import Licensing Procedures, 
Customs Valuation, Technical Barriers to Trade, the Application of Sanitary and 
Phytosanitary Measures, Agriculture, a nd Rules of Origin and the GATT 1994.  
He further confirmed that Tajikistan would ensure that charges and fees of pre-shipment enterprises would be consistent  with Article VIII of the GATT 1994, and 
that the requirements and procedures of such entities would comply with the 
transparency and confidentiality require ments of the WTO Agreement, including 
Article X of the GATT 1994.  Decisions by su ch firms could be appealed by importers in 
the same way and through the same procedures as administrative decisions taken by Tajikistan.  The Working Party took note of these commitments.] 
Answer:
 
Tajikistan accepts the commitment as suggested. - Anti-dumping, countervailing duties and safeguard regimes Question 62 Question 122 of document WT/ACC/TJK/15:  Please provide an update on the status of 
legislation in the antidumping, countervailing duties and safeguards areas.  WT/ACC/TJK/17 
Page 30  
 
 We are prepared to review drafts and make comments prior to finalization of the legislation, if 
Tajikistan would care to have such information. 
Answer:
 
The work is still at an early stage.  As soon as th e draft becomes available it will be submitted to the 
Working Party for review.  
B. EXPORT REGULATIONS Question 63 Question 127 of document WT/ACC/TJK/15:  We wo uld appreciate if Tajikistan could please 
clarify in the Draft Working Party Report text th at its customs code prohibits the application of 
export duties on all products.   
Answer:
 
Tajikistan confirms that in accordance with the ap plicable customs legislation export duties are not 
applied to any goods.  However, the legislation does not prohibit introducti on and implementation of 
export duties, either.  
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 64 Paragraph 123:  At the fourth meeting of the Wo rking Party Tajikistan informed that it intends 
to eliminate the sales tax on exported cotton.  When  is this decision expected to be implemented? 
Answer:
 
Tajikistan performs activities related to the reform of  the system of taxation of domestically produced 
cotton and aluminium in order to equalize tax trea tment of domestic and impor ted goods in line with 
GATT Article III(2). The appropriate legislative ame ndments are planned to take place in the course 
of 2010. 
- Export restrictions  
Question 65 
Paragraph 126 states that "exports of alcoholic  beverages and ethyl alcohol were subject to 
licensing by SUE "Khurokvori" and the Ministry of Energy and Industry and maintained as a public health measure."   
Please indicate what aspect of Tajikistan's pub lic health is affected by exported alcohol? 
Answer:
 
Tajikistan no longer connects export of ethyl alcohol a nd alcoholic beverages to public health issues.  
Tajikistan plans to liberalize the regime of export licensing of ethyl alcohol and alcoholic beverages 
prior to the accession to the WTO.  WT/ACC/TJK/17 
 Page 31 
 
 
 Amendments to the relevant legislation are planned to take place in the course 2010-2011. 
Question 66 
Paragraphs 130-131:  We remain concerned abou t Tajikistan's system of requiring mandatory 
sales of a wide range of goods, including some me tals, rare earth goods, chemicals, as well as 
agricultural goods, through a Universal Commod ity Exchange with auctions.  Although 
Tajikistan assures Members that the Resolution requiring such sales to take place through a 
commodity exchange has been revoked, it states in paragraph 131 that the contracts outside of 
the exchange remained subject to government control and could be blocked.    
Please provide further information about what me asures Tajikistan is taking to liberalize this 
regime, make it less trade restrictive, and to  ensure conformity with Article XI of the 
GATT 1994.  
Answer:  
The system of mandatory sales through Tajik Universal Commodity Exchange has been abolished by 
the Government Decree No. 126 of 5 March 2008.  All the powers that the Universal Commodity 
Exchange had under the Decree No. 104 of 27 February 1996 have been abolishe d, too.  In addition, 
there is no authority in the legal system of Tajikis tan that would have the power to control or block 
sales transactions because of the sale price.  Econom ic operators are free to set their sale prices 
without any interference by the Government.  This situation should be reflected in 
paragraphs 130-131. 
Question 67 
In the answer to Question 129 of document WT/ ACC/TJK/15, Tajikistan explains that export 
licenses for ferrous and non-ferrous scrap are nec essary to ensure that the sources of the scrap 
are legal.   
Please elaborate in the text of the report what constitutes a legal versus an illegal source of scrap 
and provide an explicit assurance that the expo rt licence is not intended to limit the supply of 
exported scrap.    
Do exporters of scrap have to use Tajikistan 's Commodity Exchange (TUCE) and auctioning 
system to establish a price or to obtain a licence?   
Is the licence automatic for all legal sc rap exports?  If not, why not?   
What is the volume of exports of scrap under licence for the past three years?  
Answer:  
Under the Law on Scrap and Waste of Ferrous and Non-Ferrous Metals, all legal persons involved 
collecting and sales of scrap and waste ferrous and non-ferrous metals must have documents 
confirming that their ownership of such scrap/waste or  the origin thereof.  Natural persons (provided 
that they present an ID) can sell scrap metal originating from their households or the activity 
involving their own machines or equipment.  Scrap metals can be exported by companies that are 
licensed and equipped for such an activity.  The only purpose of the export licence is to ensure that all 
the rules have been followed and that the origin of  the scrap metal could be identified.  Tajikistan 
hereby assures the Working Party that export licence  is not intended to limit the supply of exported 
scrap. WT/ACC/TJK/17 
Page 32  
 
 Exporters of scrap do not have to use TUCE and auctioning system to establish a price or to obtain a 
licence. 
The licence is not automatic.  Relevant regulations  of Tajikistan do not provide for non-automatic 
licenses. 
The information on the volume of exports of scrap  under licence will be submitt ed at a later stage.  
Question 68 Paragraph 129 states that the Tajik Universal Commodity Exchange (TUCE) could block the 
export sale of certain commodities if the contract price was "significantly lower" than the prices 
achieved through auction of similar goods by the TUCE.   
Are there other circumstances under which the TUCE  can block export sales, e.g., to ensure 
domestic availability of certain commodities at lower prices? 
Answer:
 
No, there are not.  For details please see the answer to Question 66 above. 
Question 69 
In practical terms, since the TUCE can still void contracts if the export price is below that 
established at auction, what is the significance of the repeal of Decree No. 237?  Put another 
way, what is the difference in the processes or  outcomes described in paragraphs 129 and 131, 
respectively?  
We seek a commitment for this section addressing  our concerns, along the following lines, 
reserving the right to offer adjustments to the text as discussion in this section continues: 
[The representative of Tajikistan confirmed that from the date of accession, Tajikistan 
would apply its export licensing requirements , quantitative restrictions and other export 
control requirements in conformity with WT O provisions, including those contained in 
Articles XI, XVII, XX and XXI of the GATT 1994.  The Working Party took note of these commitments.] 
Answer:
 
TUCE does not have any power to void export cont racts.  For details please see the answer to 
Question 66 above. 
Tajikistan accepts the commitment as suggested. 
Question 70 
Paragraph 125 and Annex 2 – Table 9:  Could Ta jikistan outline the procedures to obtain the 
permission required to export poisonous substances, chemical agents etc?  
Answer:  
Export of poisonous substances, chemical agents a nd the like from Tajikistan is regulated by the 
Decree of Government of the Republic of Tajikista n No. 32 of 12 January 1996 on the Procedures for  WT/ACC/TJK/17 
 Page 33 
 
 
 the Control of Exports from the Republic of Ta jikistan of Chemicals, Equipment and Technology 
Having a Peaceful Use, Which Can Be Used to Build Chemical Weapons. 
The system of control of exports of chemical s ubstances, equipment and the dual-purpose technology 
includes the following: 
− Issuance of the "conclusion of the possibilities fo r exports of chemical substances, equipment 
and the dual-purpose technology" by the Gove rnment of the Republic of Tajikistan; 
− Issuance of the licence for exports of chemic al substances, equipm ent and the dual-purpose 
technology, by the Ministry of Econom ic Development and Trade (MEDT); and 
− Customs control of exports of chemical substances, equipment and the dual-purpose 
technology. 
The goods mentioned above can be exported from Tajik istan only subject to a licence, issued for each 
transaction, by MEDT, based on the prior conclusion of the Government of Tajikistan. In order to 
receive the export licence, the exporter must apply in writing to the Government of Tajikistan and 
present the following: 
− Certified copy of the export contract for ch emical substances, equipment and the dual-purpose 
technology; 
− Certified copy of the contract between the pr oducer and exporter, if the goods are exported 
through an agent; and 
− Original documents confirming obligations of th e importer and end-user(s), if such is not 
contained in the export contract, or where the importer is an agent for the end-user. 
The export contract must contain information on the end-user, the purpose of the exported goods and 
the guarantee of the importer that the goods will be used only for the declared purposes, which are not 
connected with manufacturing of chemical weapons, and that the goods will not be re-exported or 
delivered to any person other than the end-user  without the written permission of the exporter. 
Obligations of the end-user must be specifically  confirmed by the responsible authority of the 
importing country, which may take the form of the international (national) import certificate or a 
similar document.  In the absence of the procedure of  issuance of import certificate, the obligations of 
the importer may be confirmed in any othe r format containing the said obligations. 
Decision of the Government of the Republic of Ta jikistan will be issued not later than 20 calendar 
days from the filing date of application (with all the necessary documents). The decision is than sent 
to the applicant and MEDT. 
Based on the Decision of the Government of the Republic of Tajikistan, MEDT issues the export 
licence. 
Question 71 
Could Tajikistan specify which products are co ntained in the category of cryptographic devices 
which can only be exported based on a government decision? 
Answer:  
Please see the answer to Question 52 above. WT/ACC/TJK/17 
Page 34  
 
 Question 72 
Paragraph 126:  We consider that the maintena nce of the system of non-automatic export 
licenses for exports of metal scrap is not consistent  with GATT Article XI.  Does Tajikistan plan 
– and when - to abolish it?   
Answer:
 
Currently, Tajikistan reviews the methods  of liberalization of the applicab le regime in order to bring it 
into compliance with GATT Article XI.  The review  process will be finished in the course of 2010. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 73 
We suggest that this section be merged wi th the section on Export Subsidies and that 
Paragraph 136 be redrafted to serve as the commit ment for this merged section of the Working 
Party report, as follows:   
[The representative of Tajikistan confirmed that, from the date of accession, Tajikistan 
would not maintain subsidies which met the de finition of a prohibited subsidy, within 
the meaning of Article 3 of the Agreemen t on Subsidies and Countervailing Measures, 
and did not seek transitions to provide for the elimination of all such measures.  Further, he confirmed that any subsidy programme in place or established after 
accession within the territory of Tajikistan would be administered in conformity with 
the WTO Agreement on Subsidies and Countervailing Measures.  In addition, Tajikistan would provide a subsidy notifi cation to the Committ ee on Subsidies and 
Countervailing Measures in accordance with  Article 25 of the Agreement upon entry 
into force of Tajikistan's Protocol of Accession.  He also confirmed that Tajikistan would not invoke any of the provisions of Articles 27, 28 and 29 of the Agreement on Subsidies and Countervailing Measures.  The Working Party took note of these commitments.] 
Answer:
 
Tajikistan accepts the suggestion to merge this  section with the section on Export Subsidies. 
However, Tajikistan needs to further co nsider the proposed commitment language. 
- Technical barriers to trade, standards and certification  
Question 74 Question 144 of document WT/ACC/TJK/15: What  is the current status of the "technical 
regulation" law?  Please provide a copy to th e WTO Secretariat upon finalization, along with 
the information requested in WT/ACC/8, the TBT Check-list. 
Answer:
 
The Law on Technical Regulating has been passed and has come into effect as of 1 January 2010.  
The translation of the Law was provided to the Working Party prior to the next Working Party 
meeting.  WT/ACC/TJK/17 
 Page 35 
 
 
 In addition, the Government of the Republic of Tajikistan has adopted the Strategy and the Action 
Plan on Technical Regulation (Decree No. 54 of 12 February 2010), which set the plan for the 
complete overhaul of the system of technical regulation in Tajikistan.  For details, please see 
translations of both documents in WT/ACC/ TJK/Add.1 and WT/ACC/TJK/18, respectively. 
Question 75 
Question 160 of document WT/ACC/TJK/15:  Can you please confirm that both domestic goods 
and imports are subject to the Mandatory Assura nce of Conformity onto the Territory clause 
under the Law on "Technical Regulations"?   
Answer:  
Tajikistan confirms that both dom estic goods and imports are subject to the identical conformity 
assessment regime. 
Question 76 
Question 162 of document WT/ACC/TJK/15:  Please specify when Tajikistan plans to establish 
its Enquiry Point website address.  Also, under which Ministry will the Enquiry Point be located? 
Answer:
 
Tajikistan plans to establish TBT enquiry point with in the Tajikstandart agency.  The enquiry point, 
including the website, will be opera tional by the end of 2010.    
Question 77 
We thank Tajikistan for submitting its new Law on Technical Regulating.  We have the 
following comments: 
Article 5.1 mentions "protection of economic interests" as one of the purposes of technical 
regulation. According to the WTO TBT Agreem ent (Article 2.2) protection of economic 
interests is not a legitimate objective for tec hnical regulation.  Could Tajikistan provide 
explanation regarding this provision and how consistency with the WTO will be ensured? 
Article 5.2 enumerates the principles on the basis of which technical regulations will be 
developed.  However, it does not mention tw o important principles:  of proportionality 
(avoidance of unnecessary obstacles to trade) and of non-discrimination. 
According to the Code of Good Practice for th e Preparation, Adoption and Application of 
Standards annexed to the WTO TBT Agreement, deviations from the international standard, 
when such standard exists or its completion is  imminent, shall only be considered when such 
factors are present that make the internatio nal standard ineffective or inappropriate. 
Article 13.7 of the Law on Technical Regulati ng does not seem to follo w this recommendation 
fully. First, the adjective "impossible" should  rather read "ineffective or inappropriate". 
Furthermore, the sentence "or if the Republic  of Tajikistan, based on the established 
procedures, opposed adoption of such internat ional standards or some of their provisions" 
should be removed as it appears to allow for arbi trary decisions as to whether an international 
standard will be followed or not. WT/ACC/TJK/17 
Page 36  
 
 Answer:
 
The Law on Technical Regulating will be amended in order to be brought into full compliance with 
the TBT Agreement.  Relevant amendments are expected to be ready by the end of 2010. 
Question 78 
Paragraphs 145-154:  What measur es have been or will be taken by Tajikistan to ensure that – 
in law as well as practice – standards, as oppo sed to technical regulations, are no longer treated 
as mandatory and goods not longer need to be c ertified for compliance with standards before 
they can be imported? 
Answer:  
Under the new Law on Technical Regulating, which took effect on 1 January 2010 only technical 
regulations can be mandatory.  New technical regul ations that will replace mandatory standards will 
be developed within the period of seven years from the effective date of the Law on Technical 
Regulating.  In the meantime, a number of temporar y technical regulations w ill be developed and used 
based on the current mandatory standards.  After seven years elapse from the effective date of the 
Law on Technical Regulating, no standards will be mandatory and the certification of goods will be 
performed in accordance with th e WTO rules and disciplines. 
In addition, the new Law on Standardization, which is planned to be devel oped and presented to the 
Government in the second half of 2010, will have  a specific provision making existing standards 
voluntary.  
Question 79 
Paragraph 154 of document WT/ACC/SPEC/TJK/4:  The draft law on Technical Regulation 
remains a key piece of legislation and a lynchpin fo r ensuring that the system in place for the 
development of standards and technical regulat ions as well as conformity assessment meets 
WTO standards.   We would appreciate an update  (if not already part of their introductory 
presentation) on where this draft law stands  and the current issues under discussion.  
Answer:  
Please see the answer to Question 74 above. 
Question 80 
Document WT/ACC/TJK/16 - Question 30:  This qu estion relates to the use of definition of key 
WTO terms such as technical regulation and st andards and whether those WTO definitions will 
be applied in Tajikistan.  We appreciate Taji kistan's assures that international agreements 
supersede national legislation, but it is essential  that domestic laws actually incorporate these 
specific WTO definitions.  Does the draft Law on Technical Regulations incorporate the WTO 
definition of these terms? 
Answer:  
Tajikistan believes that most of the key definitions  have been included in its new Law on Technical 
Regulating.  WT/ACC/TJK/17 
 Page 37 
 
 
 Question 81 
Document WT/ACC/TJK/16 - Question 32:  We would appreciate further clarification about 
what is meant by "general" or "special" tech nical regulations and what legal distinction 
Tajikistan is making between the two?  As the draft Law on Technical Regulation has further 
evolved, does it eliminate this  distinction or clarify it?  
Answer:  
Please see the answer to Question 74 above. 
Question 82 
Question 34 of document WT/ACC/TJK/16 sought  clarification about a fundamental TBT 
issue:  when in the process of developing and adopting a technical regulation, would a 
notification be made to the WTO?  We apprecia te Tajikistan's clarification that the Inquiry 
Point would be the party to notify the WTO, but the issue of the timing of that notification 
remains unclear.  Paragraph 154 of the Working Party report did not clarify this important issues.  Please clarify the timing.  
Answer:
 
There are no specific provisions on the timing of notification in the new Law on Technical 
Regulating.  However, Tajikistan intends to comp ly with TBT notification requirements, including 
those related to timing.   
Question 83 
Response to Question 35 of document WT/ACC/T JK/16 and Paragraph 154 of the Elements of a 
Draft Working Party Report states that the procedures for providing for recognition of 
conformity assessment results performed outside of Tajikistan will be established after the 
adoption of the Law on Technical Regulation.  Do  you have a draft of such procedures or can 
you provide a sense of the approach that will be taken?   
Answer:  
After the new law on Technical Regulating, Tajikista n plans to enact the new law on standardization 
and the new law that will regulate conformity asse ssment procedures, for both technical regulations 
and standards.  Development of these draft laws and their presentation to the Government of the 
Republic of Tajikistan for approva l is planned for the second half of 2010.  The drafts will be 
submitted to the Working Party for review as soon as they become available in English. 
- Sanitary and phytosanitary measures 
Question 84 
Question 163 of document WT/ACC/TJK/5:  Please provide copies of your veterinary 
certificates for meat and poultry products.   WT/ACC/TJK/17 
Page 38  
 
 Answer:
 
Please find the translations of veterinary certificates for export (Form 5e) and import (Form 2) of meat 
and poultry products attached as Annex 3.  Please note that the same certificate form is used for both 
meat and poultry products. 
Question 85 
What are Tajikistan's labelling and packaging requirements for food safety?  Do they include 
shelf-life dates or best before dates? 
Answer:  
The labelling and packaging requirements are regulat ed by the Law on Quality and Safety of Food 
Products, No. 54 of 10 May 2002.  The following information must be included on the label: 
− Nutritive value (calories, content of proteins, fat, carbohydrates, vitamins, micro- and macro 
elements); 
− Purpose and conditions of use (for children's f ood, dietetic products and bio-active additives); 
− Manner and conditions of preparations of ready-made meals (for concentrates and 
half-finished foodstuffs); 
− Storage conditions (if applicable); and 
− Manufacturing date, packaging date and the shelf-life date. 
Question 86 
Are there any mandatory requirements for food qua lity, such as moisture content, amount of 
weed seed, or appearance?  Would you explain these?  
Answer:  
The Law on Quality and Safety of Food Products re gulates the matter of food quality and safety.  
The Law prescribes that foodstuffs cannot be placed in circulation if they: 
− Do not conform with requirements of th e normative documents (standards/technical 
regulations); 
− Have obvious signs of low quality or that have been found to be of low quality by responsible 
authorities; 
− Do not contain prescribed information or are suspected of being counterfeit; 
− Do not contain information on the shelf life or if the shelf life has expired; and 
− Are not properly marked in accordance with the applicable law or state standard. 
In addition, the law provides for the obligation of th e retail sellers or establishments that prepare food 
for consumption to provide to consumers the fu ll information on the foodstuffs they sell/prepare. 
All the foodstuffs that are prepared, sold or importe d to Tajikistan must be registered with the State 
Service on Sanitary-Epidemiological Surveillance, wh ich also controls the foodstuffs in coordination 
with the State Veterinary Service, in accordan ce with the regulation issued by the government.  
The Law does not provide for any specific mandatory  requirements for food quality, such as moisture 
content, amount of weed seed, or appearance.    WT/ACC/TJK/17 
 Page 39 
 
 
 Question 87 
Please explain how pesticides, residues, and vet erinary drugs are regulated.  Which agency sets 
these requirements?  Are international guidelines the bases for these measures?  
Answer:  
The Law on Production and Safe Handling of Pestic ides and Agrochemicals, No. 1 of 22 April 2003 
regulates the matter of pesticides and residues, hand ling of pesticides and their actuation substances 
and agro-chemical products, for the purpose of prot ection of human health and the environment.  
The authority responsible to implement the regulat ions is the Committee for the Protection of the 
Environment under the Government of Tajikistan. 
The responsible authority has the following responsibilities: 
− Organization of the registration tests for pes ticides and agro-chemical products, analysis of 
the results of registration tests, state regist ration of pesticides and agro-chemical products;  
− Organization of activities related to certifica tion of pesticides and agro-chemical products; 
and 
− Other responsibilities that may be provided by th e legislation of the Republic of Tajikistan.  
Pesticides and agro-chemical products are register ed in the State Catalogue of Pesticides and 
Agro-chemical Products, maintained by the Commi ttee for the Protection of the Environment under 
the Government of Tajikistan.  Only registered pesticides and agro-chemical  products are allowed to 
be circulated in the territory of the Republic of Tajikistan. 
The veterinary drugs are regulated by the Decree on  the Organization and the Rules for Certification 
of Veterinary Drugs in the Republic of Tajikistan, issued by the Veterinary Directorate within the 
State Inspectorate of the Republic of Tajikistan on 7 February 2004.  In accordance with the Decree, 
all veterinary drugs, both domestic a nd imported are subject to certifica tion, registration and control.  
The process of certification is initiated by the written application of an interested party (manufacturer 
or importer) to the Centre for Control of Veterinary Drugs (Centre).  After the necessary tests, if the drug meets prescribed requirements, the Centre certifies it and registers it in the Register of Veterinary Drugs.   Only registered veterinary drugs are allowed to be circulated in the territory of the 
Republic of Tajikistan. In case of the dispute relate d to the quality of the veterinary drug between the 
manufacturer/importer and the consumer, the Centre or any other accredited laboratory (domestic or 
foreign) may repeat the tests needed for certification.  
Question 88 
Please explain how Tajikistan  regulates food additives. 
Answer:
 
The Law on Quality and Safety of Foodstuffs, No. 54 of 10 May 2002 and the Law on Providing 
Sanitary Epidemiological Safety of the Populatio n, No. 49 of 8 December 2009 regulate the matter of 
food additives. 
Food additives are natural or artificial matters or compounds thereof specially introduced into the 
foodstuffs for the purpose of adding specific propert ies to, or preservation the quality of foodstuffs 
(Article 2 of the Law on Quality and Safety of Foodstuffs No. 54 of 10 May 2002). WT/ACC/TJK/17 
Page 40  
 
 Sanitary Epidemiological Service within the Ministry  of Agriculture is the authority responsible for 
sanitary-epidemiological control. 
Under the applicable legislation food additives mu st comply with the established sanitary norms and 
rules.  Food additive can be imported, marketed and used only if they are certified (by the State 
Service on Sanitary-Epidemiological Surveillance) to comply with such norms and rules.  
Any food additives that are found to be non compliant  with applicable norms and rules or dangerous 
for the human health are withdrawn from the pr oduction and market without delay by the State 
Service on Sanitary-Epidemiological Surveillance.  Withdrawn additives can be used by their owners 
for the purposes that are not harmful for human hea lth or destroyed if such harmless use is not 
possible. 
Under the law, the Ministry of Health must review the applicable rules and norms at least once in five 
years. 
Question 89 
When a ministry proposes a new food safety me asure, what are the mechanisms for private 
sector review and public sector approval before adoption into law? 
Answer:
 
In accordance with Article 4, item 2 of th e Law on Normative Legal Acts No. 56 of 
25 February 2009, the draft of the normative legal act  may be published for the public review in the 
mass media, including the presentation at the webs ite of the responsible lawmaking subject.  Any 
interested person has the right to get acquainted with the content of such a draft.  Any suggestions and 
remarks received are subject to review by the r esponsible lawmaking subject during the process of 
finalization of the draft. 
Question 90 
Tajikistan noted that it performs independent ri sk assessments in the a rea of food safety.   
Please outline in detail what processes and parties are involved in these assessments.  
Answer:  
There is no specific legal act that would prescribe risk assessment procedures in respect of food safety 
applied in Tajikistan.  However, Tajikistan is a me mber of Codex Alimentarius (since February, 2009) 
and implements all its guidelines and recomme ndations in the area of food safety.  
In case of performing an independent risk assessment in the area of food safety Tajikistan will ensure 
full compliance of those risk assessment measures with international norms and guidelines. 
Question 91 
Can Tajikistan please identify its "appropriate level of protection" (ALOP) against risks to 
human, life or health, or to animal and plant life?  How was the ALOP determined? 
Answer:  
The relevant legislation of Tajikistan does not pr ovide the definition of the "appropriate level of 
protection".  However, Tajikistan is member  of Codex Alimentarius Commission (since  WT/ACC/TJK/17 
 Page 41 
 
 
 February 2009) and the World Organization for Animal  Health (OIE).  By ratification of the Codex 
Alimentarius and the OIE documents, they became th e integral part of Tajikistan's legal system, and 
as such are directly implemented. In the case of  conflict between the national regulation and the 
ratified international document, the latter takes pr ecedence.  Therefore, ALOP in Tajikistan is 
determined in line with standards of Codex Alimentarius and OIE. 
Question 92 What is the role of relevant international sta ndards and guidelines in determining Tajikistan's 
ALOP?"   
Answer:
 
Please see the answer to Question 91 above. Question 93 Please explain Tajikistan's methodology and criteria in conducting risk assessments to 
determine whether or not a plant or animal pest or  disease, an additive, or a pesticide is no-risk, 
low-risk, controlled-risk, or high-risk?   
Answer:
 
In order to determine the risk of plant pest or  disease, Tajikistan's relevant agencies perform 
phytosanitary monitoring. Based on such monitori ng the most probable level of spread, quantity, 
intensity of development and harmfu lness is determined.  After the analysis of the data obtained, the 
prognosis for the particular pest/disease is developed.  In the Republic of Tajikistan, most of the pests, 
diseases and weeds fall under the category of low and controllable risks.  The high risk pests are gregarious forms of locusts - Moroccan Locust (Stauronotus maroccanus; Dociostaurus maroccanus) 
and Italian Locust (Calliptamus italicus),  which may occur in certain years.  
Similar approach is applicable with respect to an imal pests or diseases, and additives, or pesticides. 
The authority responsible for plant quarantine is th e State Phytosanitary and Quarantine Inspectorate. 
The authority responsible for assessment of risks rela ted to animal pests and/or diseases is the State 
Veterinary Service.  The authority responsible fo r assessment of risks related to pesticides is the 
Committee for the Protection of the Environment under the Government of the Republic of Tajikistan.  
Question 94 
Paragraph 158:  Please explain further the process of State registration pursuant to Article 10 
of the Law No. 54 "On the Quality and safety of Food Products."  How often must a product be 
registered?  How is a new product defined?  Fo r example, if a company that is already selling 
one line of breakfast cereal suddenly decide to  introduce a new line that contains different 
ingredients, does the company need to obtain State registration for the new line of breakfast 
cereal?  Is there a cost associated with the State re gistration?  Is the cost the same for domestic 
products and imports? 
Answer:
 
Article 10 of the Law on the Quality and Safety  of Food Products prescribes that all new food 
products produced or imported for the first time in Tajikistan are subject to state registration.  Only 
registered food products can be produced , imported or traded in Tajikistan.  WT/ACC/TJK/17 
Page 42  
 
 The registration is exercised and the State Register  of Food Products is maintained by the State 
Service on Sanitary-Epidemiological Surveillance in c ooperation with the State Veterinary Service, in 
accordance with the regulation i ssued by the Government.   
The process of registration includes the review of documentation provided by the producer or 
importer of the food product, confirming that the product meets requirements of the normative 
documents (standards/technical re gulations) and conditions for produc tion or supply of food products. 
Where necessary, the product is tested and the resu lts of such tests are included in the review of 
documents.  
Only the new food products must be register ed.  There is no need for re-registration. 
Article 14 of the Law on Providing Sanitary-Epide miological Safety of the Population No. 49 of 
8 December 2003 defines the new food product as  the product developed and introduced into 
production for the first time.  Manufacturing, circula tion and use of such products is allowed subject 
to sanitary-epidemiological certificate confirming the compliance with sanitary norms and rules. Therefore, in the hypothetical case refe rred to in the question, if the ch ange of ingredients is such that 
it constitutes the new product, such product must be  registered.  However, in case of the minor, 
insignificant changes of ingredients, which do not constitute the new product, such registration will 
not be necessary.   
The process of issuing the sanitary-e pidemiological certificate for food products is prescribed by the 
Government Decree No. 139 of 31 March 2004.  The process is initiated by the application of the 
manufacturer or importer.  The applicant must submit the following: 
− Application in writing, providing informati on on the applicant (name/company name, legal 
form of organization, legal address); 
− Information on material and technical possibilities and the equipment for the activity in 
question; 
− Copy of the quality certificate for the product; and  
− Proof of payment of the processing fee.  
The documents are reviewed in the presence of the a pplicant and the record is made to that effect. 
After the necessary tests are performed, the sanitary -epidemiological certificate is issued, which may 
designate the product as "adequate", "not adequate" or "conditionally adequate".  Depending on the 
sanitary-epidemiological importance and the kind of  the activity of the applicant, the sanitary-
epidemiological certificate may be issued as long term or short term certificate.  
In case of the perishable goods the decision to i ssue the sanitary-epidemiological certificate must be 
issued within three calendar days from the filing da te of the complete application, whereas for all 
other food products it must be issued within 30 days. 
The processing fee is based on the approximate costs of the proceedings and currently amounts to 
145.30 Somoni (US$33).  
Question 95 
Paragraph 159:  Does Tajikistan plan to alig n import policies for live animals and animal 
products with recommendations set forth by the OIE?   If so, in the event of an animal disease 
outbreak, will Tajikistan continue to align th eir policies with those international standard 
setting bodies?  WT/ACC/TJK/17 
 Page 43 
 
 
 Answer:  
Yes, Tajikistan will align its import policies for live animals and animal products with 
recommendations set forth by the OIE, and continue  to align its policies with those international 
standard setting bodies in the event of an animal disease outbreak. 
Question 96 
What is Tajikistan's policy position on findings of high path/low path avian influenza virus in 
terms of how you treat imported poultry and poultry products?  Are domestic poultry and 
poultry products subject to the same policy po sition for imports?  Do you follow the OIE 
guidance?  Please explain.     
Answer:  
The import of poultry from the countries where the avia n influenza has been detected is temporarily 
prohibited.  Domestic poultry and poultry products  are the subject to the same policy, i.e. the 
circulation of any domestic poultry and poultry pr oducts found to be infected by the virus is 
temporarily prohibited, and any such goods are dest royed.  As an OIE member, Tajikistan follows its 
guidance.  
Question 97 What is the country's policy on bovine spongifo rm encephalopathy (BSE) in relation to beef and 
live cattle exports?  Do yo u follow the OIE guidance? 
Answer:
 
BSE has never been identified in the territory of the Republic of Tajikistan and therefore there were 
no policy measures in respect of this disease.  Tajikistan is OIE member and follows OIE guidance in 
all the relevant issues, including those BSE related.   In the case of occurrence of BSE in Tajikistan, 
OIE would be informed without delay.    
Question 98 
Paragraph 160:  Please explain the appeal s process and corresponding requirements.   
Answer:  
For details of the appeal process, pl ease see the answer to Question 16 above. 
Question 99 
What are the criteria used to approve or deny im port permits for animals and animal product?  
Answer:  
The key criteria used to approve or deny impor t permits for animals and animal product are the 
epizootic status of the exporting country and the presence/absence of diseases in the exporting 
country.  WT/ACC/TJK/17 
Page 44  
 
 The import permit will be issued for import of anim als or animal products if the diseases have not 
been detected in the exporting country, region or a farm  of animal's origin for the time specified.  For 
details please see Table 5 below. 
Table 5:  Diseases and Time Limits
 
No. Disease Time Limit 
All Animals 
1 African porcine fever 3 years preceding the importation -  in the whole 
territory of the exporting country 
2 Foot and mouth disease 12 months preceding the importation - in the whole 
territory of the exporting country 
Large Cattle (Bovine Animals) 
3 Bovine spongiform encephalopathy; scrapie of 
goats. In accordance with the OIE International Veterinary 
Code -  in the whole territory of the exporting country 
4 Rinderpest; small cattle-plague; contagious 
pleuropneumonia, vesicular stomatitis; peste des petits ruminants.  12 months preceding the importation - in the whole 
territory of the exporting country 
5 Tuberculosis; brucellosis; leucosis. 6 months preceding the importation - on the farm  
6 Antrax; emphysemic carbuncle (blackleg), 20 da ys preceding the importation - on the farm of 
animal's origin 
Sheep and Goats 
7 Bovine spongiform encephalopathy; scrapie of 
goats. In accordance with the OIE International Veterinary 
Code - in the whole territory of the exporting country 
8 Blue Tongue Disease (Epizootic Hemorrhagic 
Disease -EHD); bovine plague; contagious 
pleuropneumonia; peste des petits ruminants 12 months preceding the importation - in the whole 
territory of the exporting country 
9 Adenomatosis; Maedi-Visna disease; arthritis-
encephalitis.  3 years preceding the importation - on the farm of 
animal's origin 
10 Sheep and goat pox 12 months preceding the importation - on the farm of 
animal's origin 
11 Tuberculosis; brucellosis. 6 months preceding the importation - on the farm of 
animal's origin 
12 Antrax 20 days preceding the importation - on the farm of 
animal's origin 
Swine 
13 Porcine vesicular disease  12 months preceding the importation - in the whole 
territory of the exporting country 
14 Classic porcine fever; 
Auesky disease; Porcine Enterovirus Encephalomyelitis (Teschen disease);  12 months preceding the importation - in the 
administrative territory of the exporting country (state, province, district, county) 
15 Trichinellosis  3 years preceding the importation - in the whole 
territory of the exporting country 
16 Porcine reproductive and respiratory syndrome 
(PRRS) 12 months preceding the importation - on the farm of 
animal's origin 
17 Antrax; Porcine erysipelas (Erysipelas suum) 20  days preceding the importation - on the farm of 
animal's origin 
 
Question 100 
How can the public access informatio n regarding these requirements?   
Answer:  
Relevant information is available in the Veterinary Journal, which is published by the State Veterinary 
Service quarterly.  In addition, State Veterinary Service plans to open its own website where all the  WT/ACC/TJK/17 
 Page 45 
 
 
 necessary information will be available.  Tajikista n will inform the Working Party on the web address 
as soon as the website becomes operational. 
Question 101 
Paragraph 161:  For animal and plant health issues, would you provide a list of all quarantine 
pests and diseases that your country has set of ficial controls for? Are measures based on 
international guidelines?  Please identify the criteria used to in clude (or not) pests and diseases 
into the quarantine list?  What is the pro cess if quarantine objects are found in import 
shipments?  Does Tajikistan allow for fumigation or other measures?  
Answer:  
The list of plant quarantine pests/diseases is provided in the Table 6 below. 
Table 6:  Plant Quarantine Pests/Diseases  
No. Name 
Pests 
1 Pektonophora gossipiella sound 
2 Unaspis citri Comst. 
3 Spodoptera litura Fabr. 
4 Hyphantria cunea Drury. 
5 Caulophilus latinasus Say 
6 Icerya purchasi Mask. 
7 Caryedon gonagra L. 
8 Pantomorus leucoloma Boh. 
9 Tetradacus citri Chen. 
10 Zabrotes subfasciatus Boh. 
11 Lekanium deltae (Lizeri) 
12 Grapholitha molesta Busck. 
13 Dacus dorsalis Hend. 
14 Diaphorina citri Kuway. 
15 Pseudococcus citriculus Green. 
16 Unaspis yanonensis Kuw. 
17 Numonia pyrivorella Mats. 
18 Viteus vitifolii Fitch 
19 Spodoptera littoral is Boisd. 
20 Bruchidius incarriatus Boh. 
21 Callosobruchus (sp. sp.) 
22 Ceroplastes rusci L, 
23 Phthorimaea operculella Zell. 
24 Aonidiella aurantii Mask. 
25 Sinoxylon conigerum Gerst. 
26 Rhizoecus Kondonis Kuw. 
27 Liriomyza trifolii (Burgess). 
28 Scrobipalpopsis solanivora Pav. 
29 Trogoderma granarium Ev. 
30 Dinoderus bifoveolatus Woll. 
31 Callosobruchus chinensis L. 
32 Pinnaspis strachani (Cooley) 
33 Ceratitis cosyra Walk. 
34 Pseudoparlatoriaparlatorioi des (Comst). 
35 Carposina niponensis Wlsghm. 
36 Nipaeococcus nipae (Mask). WT/ACC/TJK/17 
Page 46  
 
 No. Name 
37 Ceratitis capitata Wied. 
Nematodes 
38 Meliodogyne incognita/M.hapla/Kof. White 
39 Ditylenchus destructor Thoene 
40 Bursapnelenchus xylophilus Nikee 
41 Globodera pallida (Stone) Milvey et Stone 
Alien Plants 
42 Ambrosia artemisiifolia L 
43 Ambrosia trifida L. 
44 Ambrosia psilostachya DC. 
45 Helianthus ciliaris DC. 
46 Helianthus califomicus D.C 
47 Solanum triflorum L. 
48 Solanum carolinense L. 
49 Striga (sp. sp.) 
50 Cenchrus Pauciflorus Benth. 
Plant Diseases 
51 Glomerella gossypii (South.) Edgerton 
52 Tilletia (Neovossia) indica Mitra. 
53 Phymatotrichum omnivorum (Schear) Duggar 
54 Synchytrium endobioticum (Schilb.) Percival 
55 Mycosphaerella linorum (Wr.) Garcia Rada 
56 Plum pox, Primus virus 7 
57 Erwinia amylovora. 
58 Xanthomonas campestris pv. citri. 
 
The list of plant quarantine pests with a limited o ccurrence in Tajikistan is provided in the Table 7 
below. 
Table 7:  Plant Quarantine Pests w ith Limited Occurrence in Tajikistan  
No. Name 
Pests 
1 Quadraspidiotus perniciosus Comst. 
2 Pseudococcus comstoki Kuw. 
3 Dialeurodes citri Ashm. 
4 Leptinotarsa desemlineata Say. 
Nematodes 
5 Globodera rostochiensis (Woll.) Behrens 
Alien Plants 
6 Acropthon repens (L.) DC 
7 Cuscuta campestris Juncker. 
8 Cuscuta monogyna Vahl. 
 
The Law on Plant Quarantine regulates the matter of plant quarantine pests and diseases, based on 
international guidelines. 
Pests and diseases are included into the plant quara ntine list based on international documents and 
monitoring of the situation na tionally and internationally. 
If the quarantine objects are found in import shipme nts, such shipments may be confiscated and 
destroyed or returned in accordan ce with the instruction of the o fficial of the National Quarantine 
Service within the Ministry of Agriculture.    WT/ACC/TJK/17 
 Page 47 
 
 
 In accordance with Article 12 of the Law on Plant Quarantine, if the shipment originates from the 
territory where the quarantine pests are known to occu r and if it was not decided to return it, such 
shipment may be subject to prophylactic disinfection. 
Tajikistan allows for fumigation.  In accordance with the Government Decree No. 182 of 3 April 2007, the State Veterinary Service is 
the authority responsible for the veterinary contro l over the territory of the Republic of Tajikistan. 
The service is responsible, inter alia , to safeguard the territory of the Republic of Tajikistan from 
introduction of particularly dangerous animal diseases and their causative agents.  The Decree 
No. 182 provides the list of such animal quara ntine diseases (diseases under official control).  
For details please see Table 8 below. 
Table 8:  Animal Quarantine Diseases
 
No. Name 
1 Foot and mouth disease 
2 Siberian ulcer 
3 Brucellosis 
4 Tuberculosis 
5 Small cattle-plague 
6 Rabies 
7 Sheep and goat pox 
8 Avian plague (Newcastle disease) 
 
Question 102 
Are sanitary and phytosanitary requirements the same for disea ses/pests which exist within the 
territory of Tajikistan as for diseases/pests which do not exist within the territory?  
Answer:  
Yes they are.  
Question 103 
Paragraph 163 provides a useful list of those ar eas where work is still needed to ensure that 
provisions and basic principles of the SPS Agreem ent are covered by domestic legislation.  
Please provide an update on efforts to address is sues such as:  (1) transparency and inquiry 
point; (2) regulations to be based on science ; (3) equivalence, and (4) risk assessments.  
Answer:  
The efforts to address the above issues include the following: 
− FAO plans to realize a project in the Republic of Tajikistan that would prepare 
comprehensive analysis of the food safety le gislation of Tajikistan and its bringing into 
compliance with international standards, as we ll as with necessary provisions and principles 
of the SPS Agreement.  The project is expected to begin by the end of 2010; 
− Draft of the new, SPS compliant, Veterinary Law has been prepared.  The draft is currently 
being circulated to relevant ministries and agencies for their review and comments.  It is expected that the Law will be passed by th e Parliament in the course of 2010; and WT/ACC/TJK/17 
Page 48  
 
 − Preparations for establishing the SPS enquiry and notification point within the Ministry of 
Agriculture have been instigated .  It is expected that the SPS enquiry and notification point 
will be established and opera tional by the end of 2010. 
Question 104 
Paragraph 165:  Does Tajikistan have one o fficial journal where all draft measures are 
available for public comment prior to adoption?   
Answer:
 
In accordance with Article 4, item 2 of th e Law on Normative Legal Acts No. 56 of 
25 February 2009, the draft of the normative legal act  may be published for the public review in the 
mass media, including the presentation at the webs ite of the responsible lawmaking subject.  Any 
interested person has the right to get acquainted with the content of such a draft.  Any suggestions and 
remarks received are subject to review by the r esponsible lawmaking subject during the process of 
finalization of the draft. 
Question 105 
Does Tajikistan circulate food safety meas ures for public review and comment prior to 
adoption?   
Answer:  
Please see the answer to Question 104 above. 
Question 106 
What is the usual amount of time given to comment periods on draft measures?  Are there 
standard amounts of time between announcement of a rule, adoption of a rule, and final enforcement of a rule?  If so, would you please explain?  
Answer:
 
There is no standard amount of time. 
Question 107 
Paragraphs 165-166:  We note that Tajikistan  bans imports of products treated with 
biostimulators, antibiotics and hormones.  Sim ilar bans in other countries have been pursued 
through WTO dispute settlement and been found inco nsistent by the WTO.  If Tajikistan does 
not plan to remove the ban, please provide us with the scientific grounds of why the ban is in place.  
Answer:
 
Tajikistan intends to reconsider the issue and to re gulate the matter of impor tation of products with 
bio stimulators, antibiotics and hormones in accord ance with WTO rules and disciplines and the best 
international practices.  WT/ACC/TJK/17 
 Page 49 
 
 
 Question 108 
Question 168 of document WT/ACC/TJK/15:  This  question related to how the public could 
access the risk assessments that Tajikistan uses related to food safety.  Is there a government 
website, reading room or other means throug h which producers and other interested parties 
can see the actual risk assessments?   
Answer:  
Please see the answer to Question 100 above. 
Question 109 
What preparations are underway to revise and upgrade Tajikistan's SPS regime to meet WTO 
requirements? 
Answer:  
Please see the answer to Question 103 above. 
Question 110 
Paragraph 156:  In view of its membership of  IPCC and Codex Alimentarius, does Tajikistan 
consider that its legislation concerning food sa fety, animal and plant health has been fully 
harmonized with these international standards?  If  not, what further changes to its legislation 
are envisaged and how is this reflected in the Legislative Action Plan? 
Answer:  
Under the legal system of Tajikistan, by ratif ication of IPPC and Codex Alimentarius, these 
documents have become integral part of the legal sy stem, and consequently, can be applied directly if 
the need be.  In case of the conflict with any ex isting piece of legislation, ratified international 
agreements and other documents, including I PPC and Codex Alimentarius, prevail.  
In addition, Tajikistan harmonizes its legislation by  introducing the appropria te amendments to the 
relevant legislation, including the Law on Veterina ry, and prepares new regulations in the SPS area. 
Tajikistan also recognizes the measures recommended by the OIE Terrestrial Animal Health Code, 
cooperates with FAO and implements its principles. Ta jikistan's goal is to bring its system into full 
compliance with WTO rules and disciplines. 
All the necessary legislative changes will be reflec ted in the amended Legislative Action Plan, which 
will be submitted to the Working Party for revi ew before the next Working Party meeting. 
Question 111 
Could Tajikistan provide any examples when it has taken a measure different from an 
international standard (of the OIE, IPPC and Co dex) and describe the conditions that have led 
it to impose such measures? 
Answer:  
There were no such cases. WT/ACC/TJK/17 
Page 50  
 
 Question 112 
Document WT/ACC/TJK/15 – Question 168:  Tajikistan mentioned that its legislation on food 
safety is based on risk assessment and that Tajikistan performs its own independent risk 
assessment.  We would like to reiterate the followi ng questions:  Does this mean that for any 
measure more stringent than the international standard there is or will be a publicly available 
risk assessment?  If so, how can the public a ccess those risk assessments?  Could Tajikistan 
provide examples of such a risk assessment?  
Answer:
 
The system of risk assessment applied in Tajikis tan does not provide for public availability of any 
measure more stringent than the international sta ndard.  There are no practical examples, either.   
Question 113 Paragraph 160 and WT/ACC/TJK/15 – Question 177:  Do the rules and procedures described in 
Paragraph 160 for the importation of animal produc ts also apply to import of live animals?  If 
so, what is the procedure for finding some of OIE list A infectious diseases? 
Answer:
 
Yes, the rules and procedures described in Paragrap h 160 for the importation of animal products also 
apply to import of live animals.  
In order to import animal products or live animals,  the applicant initially must apply to the Veterinary 
Service and request the initial import permit for sp ecific goods, from specific country.  The Veterinary 
Service performs initial examination of the circ umstances in the country/region of the intended 
export, and if there is no information of any List A diseases, issues an initial import permit. 
When the goods covered by the initial import permit a rrive at the border, veterinary inspectors check 
once again the veterinary status of the exporti ng country, review the in formation on veterinary-
sanitary status of the supplier/manufacturer of the goods and examine the transport route, vehicle and 
packaging (if applicable).  If the circumstances so  warrant, samples are then taken and examination 
preformed. 
If the goods that are being imported are found to be  disease free, such goods are then presented to the 
customs authority for clearance.   
Question 114 
Could Tajikistan clarify how its system of import permits is consistent with the provisions of 
Article 4 of the SPS Agreement and with OIE, IPCC and Codex standards on equivalence?  
Answer:  
Tajikistan's system of import permits is not entirely consistent with the provisions of Article 4 of the 
SPS Agreement and with OIE, IPCC and Codex sta ndards on equivalence.  Currently, Tajikistan 
analyzes the SPS related legislation and prepares amendm ents to its legislation in order to bring its 
system into compliance with relevant internationa l agreements/standards.  The draft amendments to 
the applicable legislation will be developed by the end of 2010 and adopted before the accession to 
the WTO.  WT/ACC/TJK/17 
 Page 51 
 
 
 Question 115 
Tajikistan has indicated in its reply to Qu estion 163 in document WT/ACC/TJK/15 that it 
would provide texts of veterinary-sanitary import  requirements for meat and poultry as soon as 
the English translation was available.  We l ook forward to receiving this translation. 
Answer:  
Please see Annexes 1 and 2. 
Question 116 
Paragraph 163:  Could Tajikistan confirm that in  its view the issues that remain outstanding in 
terms of aligning its legislation with the SPS Agreements are those and only those enumerated 
in Paragraph 163? 
Answer:  
Tajikistan believes that the issues th at remain outstanding in terms of aligning its legislation with the 
SPS Agreements are indeed those enumerated in Paragraph 163. 
Question 117 
Will all these outstanding issues be fully tack led through the legislative amendments foreseen 
under point 11 in the table "Part I – Measures adopted with an aim to a speedy conclusion of 
multilateral negotiations" of the action plan circulated at the fourth meeting of the Working Party?  What is the timeframe for adoption of these legislative amendments? 
Answer:
 
Yes, they will.  The Government is currently prep aring the comprehensive analysis of the laws and 
other legal acts that would need to be amended in order to achie ve compliance with WTO rules and 
disciplines.  The draft amendments to the applicable  legislation will be developed by the end of 2010 
and adopted before the accession to the WTO. 
Question 118 
The principle of equivalence (Article 4 of th e SPS Agreement) is mentioned among those that 
are still not specifically or fully co vered by Tajikistan's existing legislation.  When questioned on 
this issue (Question 167 of document WT/ACC/TJ K/15), Tajikistan provided no details but to 
say that recognition of this principle is done in line with the norms, guidelines and recommendations of the IOE, IPPC and the Codex Alimentarius.  Could Tajikistan provide more information on the process for determining equivalence and give recent examples of how 
equivalence is put in practice in their country? 
Answer:
 
As it was pointed out earlier, there are no provisions  in the relevant legislation of Tajikistan that 
would reflect provisions of SPS Agreement Article 4.  There are no recent examples of how equivalence is put in practice, either.  However,  Tajikistan will amend its legislation before the 
accession to the WTO in order to include provisions of SPS Agreement Article 4 and consequently, to 
introduce the principle of equivalence as the standard practice. WT/ACC/TJK/17 
Page 52  
 
 Question 119 
Which are the relevant bodies in charge of equivalence? 
Answer:
 
Once the equivalence becomes the standard practice in  Tajikistan, the bodies in charge of equivalence 
would be the State Veterinary Service for Control of Products of Animal Origin and the Department 
for the Veterinary Boarder and Transport Control.  
Question 120 
Document WT/ACC/TJK/15 – Question 175:  How and where in its new legislation on plant 
health does Tajikistan intend to capture Article 6 of the SPS Agreement? 
Answer:  
Article 6 will be captured in the new Law on Plan t Health, which is currently being prepared. 
Question 121 
Is integration of Article 6 of the SPS Agreemen t part of the amendments to the Law on 
Veterinary that are mentioned in the legislativ e action plan as being in the drafting stage? 
Answer:  
Yes it is. 
Question 122 
Paragraph 164:  Could Tajikistan update on pr ogress in establishing a single enquiry point for 
SPS issues?  
Answer:  
The work on establishing the SPS enquiry point is unde r way.  It will be established and operational 
by the end of 2010 at the Ministry of Agriculture.  
Question 123 
Document WT/ACC/TJK/15 – Question 176:  We would like to reiterate our question on 
periodic reviews on SPS regulation.  Are there any legal provisions in place in Tajikistan that require the authorities responsible for standard-se tting to review SPS regulations periodically in 
order to ensure that they are in comp liance with international standards? 
Answer:
 
No, there are not.  However, the Veterinary Se rvice and the State Phytosanitary and Quarantine 
Control Service perform periodic reviews of the SPS legislation in order to ensure compliance with 
international standards.  WT/ACC/TJK/17 
 Page 53 
 
 
 Question 124 
Paragraph 166:  If Tajikistan has no intention to remove the ban on imports of products with 
bio stimulators, as antibiotics and hormones upo n its WTO accession, as has been stated, how 
will it be able to demonstrate its compliance with the WTO rules? 
Answer:  
Tajikistan intends to reconsider the issue and to re gulate the matter of impor tation of products with 
bio stimulators, antibiotics and hormones in accord ance with WTO rules and disciplines and the best 
international practices. 
Question 125 
We thank Tajikistan for making available the Reso lution No. 97 On the Procedure of Certifying 
Food Products and Other Commodities Impo rted - Exported beyond the Republic of 
Tajikistan" dated 16 March 1999.  We would like to seek the following clarifications: 
Do similar certification requirements as are being put in place for imported/exported food 
products and commodities also apply for pro ducts and commodities in domestic trade?  
Answer:  
Yes they do. 
Question 126 
What is the cost of registration and certification? 
Answer:  
The cost of certification depends on the kind of pr oduct and the amount of work needed to perform 
conformity assessment, and therefore the amount ca nnot be presented without the information on the 
goods concerned.  The costs are the same for imported and domestically produced goods. 
Question 127 
Could Tajikistan describe the proced ure for registration of a product? 
Answer:  
Under the legislation of the Republic of Tajikis tan there are different authorities and different 
procedures for registration and certification of differe nt products.  Therefore, the necessary procedure 
could be described only for the particular goods specified.  
Question 128 
Could Tajikistan describe the procedure for importation of certified products? 
Answer:  
In accordance with the applicable regulations, in the case of importation of certified goods, the 
importer applies in writing to the authority respon sible for certification– laboratory accredited by the WT/ACC/TJK/17 
Page 54  
 
 Agency for Standardization, Metrology, Certifica tion and Trade Inspection Under the Government of 
the Republic of Tajikistan (Tajikstanda rt), providing the following documents: 
− Transport or other documents, indicating the quant ity of products that would be subject to 
certification; 
− Invoice; 
− Phytosanitary certificate for all kinds of fresh fruits and vegetables; and 
− Veterinary certificate for all kind of meat (not  subject to heat treatment), eggs, milk, dairy 
products, feedstuffs and food additives. 
The applicant, who requires recognition of the conf ormity certificate issued by the authority of 
another country, must provide the following documents: 
− Certificate of origin for the goods in question; and 
− Certificate of conformity issued in the country of origin (original or certified copy). 
The responsible authority examines the application, a nd if the application is found to be complete and 
to provide the necessary information, the authority notifies the applicant of its findings and requests 
the applicant to provide sample(s) of the product th at is subject to certification. The responsible 
authority then performs necessary analysis and t ests, and if the results are positive, issues the 
certificate of conformity to the applicant. 
Where the application and attached documents are f ound to be incomplete, the responsible authority 
decides not to perform the certification and notifies th e applicant of its decision.  Such a decision must 
have a rationale and is appealable. 
In accordance with the applicable regulations, the pr ocess of certification is limited to seven days, and 
in the case of perishable goods, to two days. 
Once the certificate is issued, th e goods can be presented to the customs authority for customs 
clearance. 
The validity of the certificate is limited to the quantity of products in the particular shipment.  
The certification process must be performed for each  shipment of goods, even if the identical goods 
have been certified before.   
Question 129 
Which products (product range) are subject to mandatory certification? 
Answer:
 
The list of products subject to mandatory certif ication is established by Decree No. 486 of the 
Government of the Republic of Tajikistan of 1 October 2008.  For details, please see Annex 4 and 
document WT/ACC/TJK/17/Add.1. 
Question 130 
What is meant by the second sentence in point 2 under "General provisions" stating that 
product range of goods subject to mandatory certif ication "is taking shape in accordance with 
the standards of product range of foreign economic activity"?  WT/ACC/TJK/17 
 Page 55 
 
 
 Answer:  
This appears to be a linguistic issue, caused by th e translation of the said provision, which was not 
entirely precise.  The precise translation of point 2 should have read as follows:  
"Nomenclature of goods imported into the territory of the Republic of Tajik istan and goods exported 
from its territory that are subject to mandatory certification (hereinafter referred to as:  the 
Nomenclature) shall be established by the G overnment of the Republic of Tajikistan. 
The said nomenclature shall be in compliance with the Nomenclature of Goods Subject to Foreign 
Trade." 
Please note that the Nomenclature of Goods Subject to Foreign Trade is actually a tariff nomenclature 
used in Tajikistan for customs and foreign trade transaction purposes. Therefore, the meaning of the 
second sentence of the Point 2 is that the nomenclat ure of goods subject to mandatory certification 
will use the codes identical to those used in the tariff nomenclature.  
Question 131 
Could Tajikistan clarify point 22 of the Resoluti on which states that "Certificates issued under 
the certification systems of countries that entered into agreements with this country on mutual 
recognition of certificates on goods produced in th ird countries shall not be recognized.  In some 
cases, the national certification body can decide on the recognition of the certificate on the 
consignment of goods produced in third countries"? 
Answer:  
The meaning of Point 22 of the Resolution is the following: If the goods produced in the third country have been certified for importation/use in a country that has 
concluded an agreement on mutual recognition of cer tificates with Tajikistan, such certificate will not 
be recognized in Tajikistan (as a ce rtificate that covers Tajikistan as well).  However, as an exception 
to the general rule established by the first sente nce of point 22, the national certification body of 
Tajikistan may recognize such certificate to be valid fo r Tajikistan, if the certification body is satisfied 
that the process of certification of a product (for a nother country, member of the agreement on mutual 
recognition of certificates) has been performed in  a manner consistent with best international 
practices.  The decisions are made on the case by case basis.   
Question 132 
We would like to thank Tajikistan for maki ng available its Law on Plant Quarantine of 
26 March 2009. We note that this law provides only the basic legal framework for the implementation of plant quarantine, setting up the scheme and defining the authorities.  Could 
Tajikistan also make available legislation sp ecifying import requirements and the list of 
quarantine pests? 
Answer:
 
The draft legislation specifying import requirements is  being developed. The dr aft will be presented to 
the Working Party as soon as it becomes available.  Please find the list of plant quarantine 
pests/diseases in the Table 9, and the list of quara ntine pests with a limited occurrence in the Republic 
of Tajikistan in the Table 10 below. WT/ACC/TJK/17 
Page 56  
 
 Table 9:  List of Plant Quarantine Pests/Diseases
 
No. Name 
Pests 
1 Pektonophora gossipiella sound 
2 Unaspis citri Comst. 
3 Spodoptera litura Fabr. 
4 Hyphantria cunea Drury. 
5 Caulophilus latinasus Say 
6 Icerya purchasi Mask. 
7 Caryedon gonagra L. 
8 Pantomorus leucoloma Boh. 
9 Tetradacus citri Chen. 
10 Zabrotes subfasciatus Boh. 
11 Lekanium deltae (Lizeri) 
12 Grapholitha molesta Busck. 
13 Dacus dorsalis Hend. 
14 Diaphorina citri Kuway. 
15 Pseudococcus citriculus Green. 
16 Unaspis yanonensis Kuw. 
17 Numonia pyrivorella Mats. 
18 Viteus vitifolii Fitch 
19 Spodoptera littoral is Boisd. 
20 Bruchidius incarriatus Boh. 
21 Callosobruchus (sp. sp.) 
22 Ceroplastes rusci L, 
23 Phthorimaea operculella Zell. 
24 Aonidiella aurantii Mask. 
25 Sinoxylon conigerum Gerst. 
26 Rhizoecus Kondonis Kuw. 
27 Liriomyza trifolii (Burgess). 
28 Scrobipalpopsis solanivora Pav. 
29 Trogoderma granarium Ev. 
30 Dinoderus bifoveolatus Woll. 
31 Callosobruchus chinensis L. 
32 Pinnaspis strachani (Cooley) 
33 Ceratitis cosyra Walk. 
34 Pseudoparlatoriaparlatorioi des (Comst). 
35 Carposina niponensis Wlsghm. 
36 Nipaeococcus nipae (Mask). 
37 Ceratitis capitata Wied. 
Nematodes 
38 Meliodogyne incognita/M.hapla/Kof. White 
39 Ditylenchus destructor Thoene 
40 Bursapnelenchus xylophilus Nikee 
41 Globodera pallida (Stone) Milvey et Stone 
Alien Plants 
42 Ambrosia artemisiifolia L 
43 Ambrosia trifida L. 
44 Ambrosia psilostachya DC. 
45 Helianthus ciliaris DC. 
46 Helianthus califomicus D.C 
47 Solanum triflorum L. 
48 Solanum carolinense L. 
49 Striga (sp. sp.)  WT/ACC/TJK/17 
 Page 57 
 
 
 No. Name 
50 Cenchrus Pauciflorus Benth. 
Plant Diseases 
51 Glomerella gossypii (South.) Edgerton 
52 Tilletia (Neovossia) indica Mitra. 
53 Phymatotrichum omnivorum (Schear) Duggar 
54 Synchytrium endobioticum (Schilb.) Percival 
55 Mycosphaerella linorum (Wr.) Garcia Rada 
56 Plum pox, Primus virus 7 
57 Erwinia amylovora. 
58 Xanthomonas campestris pv. citri. 
 
Table 10:  List of Plant Quarantine Pests with Limited Occurrence in the Republic of Tajikistan  
No. Name 
Pests 
1 Quadraspidiotus perniciosus Comst. 
2 Pseudococcus comstoki Kuw. 
3 Dialeurodes citri Ashm. 
4 Leptinotarsa desemlineata Say. 
Nematodes 
5 Globodera rostochiensis (Woll.) Behrens 
Alien Plants 
6 AcroptHon repens (L.) DC 
7 Cuscuta campestris Juncker. 
8 Cuscuta monogyna Vahl. 
 
Question 133 
In elaborating these import requirements, has Tajiki stan taken or will it take into account the 
newly adopted standard ISPM 32? 
Answer:  
Tajikistan will take into account ISPM No. 32 - Ca tegorization of Commodities According to Their 
Pest. 
- State-trading entities  
Question 134 To facilitate the presentation of related information, we recommend combining the State 
ownership/privatization and STE sections together in one section as has been done in all recent 
accession working party reports.  Some questio ns and comments will seem similar to the 
information requested in the section of this report entitled "State ownership and Privatization." 
Recalling that GATT Article XVII applies also to "State enterprises," we request that 
Tajikistan identify the ten largest State-owned enterprises in Tajikistan, the sector in which 
they operate, and explain how Tajikistan will ensure the compliance of those firms with the 
requirements of Article XVII.  For example, what  criteria are used to determine the sales and 
purchasing decisions of those firms?  What laws, if any, govern the operations of those firms?  To what extent are such firms responsible for achieving public policy or other non-commercial 
objectives?   WT/ACC/TJK/17 
Page 58  
 
 Answer:
 
Tajikistan accepts the recommendation to combine th e State ownership/privatization and STE sections 
together in one section. 
The Table 11 below lists the ten largest wholly  or predominantly State-owned enterprises in 
Tajikistan. 
Table 11:  Largest State Owned Enterprises  
 Name Location Share Sector Governing Law 
1 OАО Tajiktransgaz Dushanbe 100% Energy The Law on Joint Stock 
Companies 
2 OАHK Barki Tojik Dushanbe 100% Energy The Law on Joint Stock 
Companies 
3 OAO Tajikair Dushanbe 100% Transport The Law on Joint Stock 
Companies 
4 GUP Rohi Ohani 
Tojikiston Dushanbe 100% Transport The Law on State Enterprises 
5 GUP TALKO Tursunzade 100% Industry The Law on State Enterprises 
6 AO Tojiktelekom 
 Dushanbe 95% Communications The Law on Joint Stock 
Companies 
7 AO Teleradiokom Dushanbe 95% Communications The Law on Joint Stock 
Companies 
8 AO Tamohush 
 Sughd 
District 100% Industry The Law on Joint Stock 
Companies 
9 AO Himzavod 
 Sughd 
District 60% Industry The Law on Joint Stock 
Companies 
10 AO Tajikcement Dushanbe 100% Industry The Law on Joint Stock 
Companies 
 
All these companies in their purchases or sales involv ing either imports or exports act in a manner 
consistent with the general principles of non- discriminatory treatment prescribed in GATT for 
governmental measures affecting imports or exports by private traders.  Any purchases or sales of 
these companies are made solely in accordance wi th commercial considerations, including price, 
quality, availability, marketability, transportation and other conditions of purchase or sale.  Any form 
of the price regulation for State-owned enterprises has been abolished any form Government Decree 
No. 202 of 26 June 1998.  In addition, in accord ance with the Law on Competition and Control of 
Monopoly Activities in the Market No. 198 of 28 July  2006, prices of State-owned operators having 
dominant or monopoly position in the particular ma rket of the Republic of Tajikistan must be 
approved by the Department of the Anti-monopoly Policies and Development of Competition within 
the Ministry for Economic Development and Trade (MEDT).  The operation of most of the listed 
companies is regulated by the Law on Joint Stock Companies, which regulates operation of joint stock 
companies in the identical manner, regardless of th e ownership.  Such firms are not responsible for 
achieving public policy or other non-commercial objectives. 
Question 135 
Paragraph 169:  Please explain on what basis Tajikistan has determined that Tojik Air, Rohi 
Ohan, and Tojiktelecom do not qualify as S TEs under GATT Article XVII.  We note that 
Article XVII defines STEs to include not only en terprises with privileges, but also all "State 
enterprises."  If Tajikistan is suggesting that th ese firms do not meet the working definition set 
out in the Understanding on Article XVII, then that should be made clear, along with an 
explanation for why that is the case.  WT/ACC/TJK/17 
 Page 59 
 
 
 Answer:  
Tojik Air, Rohi Ohan, and Tojiktelecom are owned by the State and in that sense they should qualify 
as state trading enterprises within the meaning of  GATT Article XVII, however, in their operation, 
these enterprises have no exclusive or special privileges,  formal or factual.  In their sales or purchases, 
including import and export operations, these enterpri ses act in a manner that is compliant to general 
principles of the non-discriminatory regime. 
Question 136 
Paragraph 170:  Please explain further the statem ent at the end of paragraph 170, particularly 
with respect to the role of Ministry of Energy and Industry in the production and trade of tobacco.  For example, what rules does the Mi nistry enforce with respect to production and 
trade, how does it operate the licensing require ments, and on what basis would the Ministry 
itself not be considered to be a STE? 
Answer:
 
In accordance with the Law on Licensing of Speci fic Activities, production,  import and export of 
tobacco products is subject mandatory licensing (retail and wholesale are not subject to activity 
licence).  In accordance with the Government Decree on Licensing of Specific Activities No. 172 of 
2 April 2007 the licensing authority is the Ministry of Energy and Industry. 
The licence for production, import and export of tob acco products can be issued to any legal or 
natural person who meets the following requirements: 
− Adheres to the technology of the production; 
− Possess equipment that meet requirements for production of tobacco products; 
− Observes the rules of marking of tobacco produc ts intended for sale (placement of excise tax 
stamps on the package); and 
− Possess (as an owner or holder on any other le gal basis) of funds, buildings, facilities, 
premises and equipment (technologically su itable for production of tobacco products) 
required for the activity in question. 
In order to receive the licence the applicant must submit the following: 
− Information on the applicant; 
− Sanitary-epidemiological certificate; 
− Fire safety certificate; and 
− Certificate of product conformity with relevant standards/technical regulations issued by the 
authority responsible for certification of products.  
The Ministry of Energy and Industry is the part of the executive branch of power, it is a licensing 
authority, which is not involved in any commercial activity whatsoever.  Therefore, the Ministry is 
not and cannot be a State trading enterprise.  
- Free zones, special economic areas  
Question 137 Question 187 of document WT/ACC/TJK/15:  This question related to the right of firms to 
establish and operate in free or special economic zone s.  Tajikistan indicated that regulations in WT/ACC/TJK/17 
Page 60  
 
 this area were under development.  Please info rm Members about what is under consideration 
and the approach that the Tajik Gov ernment foresees in this area.  
Answer:
 
The new law on Free Economic Zones is being prepared .  Recently, the draft has been circulated to 
relevant ministries and agencies and is now ready to be presented to the Government for approval. 
After the Government approval the draft will be su bmitted to the Parliament for passage.  The new 
Law will be presented to the Working Party as soon as it is approved by the Government and becomes available in English. 
The draft new Law envisages the right of all natu ral and legal persons, both foreign and domestic, to 
perform activities by means of establishing enterpri ses within the zone.  Any activity that is not 
explicitly prohibited by legislation of Tajikistan may be performed in the zone for the period of 
50 years.  Economic operators in the zone (both dom estic and foreign) will ha ve a number of benefits, 
including the following: 
− Tax relief, except for the social contributions  for their employees and the personal income 
tax; 
− Import duties relief (except the customs declara tion filing fee) for the goods imported into the 
zone for the purpose of manufacturing goods inte nded for export or consumption in the zone; 
− Goods imported into the zone are not subject to trade policy measures; 
− Free circulation and disposal of foreign currency; 
− Protection from confiscation, re quisition  and nationalization; 
− Right to transfer profit or any other foreign currency amount received in connection with the 
operation in the zone; and 
− Simplified regime of entering, leaving and stay ing in the zone for foreign individuals.   
In addition, the draft Law provides for limited cont rol by the State authorities.  Only, planned and 
announced in advance complex control actions may be performed. 
Question 138 
We suggest the inclusion of the followi ng language in the Elements Report: 
[The representative of Tajikistan confirmed that from the date of accession any free 
zones or other special economic zones in Tajikistan would be established, maintained and administered in conformity with the pr ovisions of the WTO Agreement, including 
the SCM Agreement and TRIMs Agreement, and that Tajikistan would apply the provisions of the WTO Agreement in all of its free zones or special economic zones.  
He further confirmed that the right of firms to register and operate in these zones would 
not be subject to export performance, tr ade balancing, or local content criteria 
requirements.  In addition, goods imported into the zones under provisions that exempt 
imports from customs duties and certain taxes which were then released to the rest of 
the customs territory of Tajikistan, would be subject to those duties and taxes and 
customs formalities when entering the rest of the customs territory of Tajikistan.  
If those imported goods were reprocessed within  the territory of the free zones or other 
special economic zones, the duties and taxes for those goods were to be paid when the 
final products would be entering the rest of the customs territory of Tajikistan.  
The Working Party took note of these commitments.]  WT/ACC/TJK/17 
 Page 61 
 
 
 Answer:  
Tajikistan accepts the commitment as suggested. 
- Trade in civil aircraft 
Question 139 Paragraph 189:  Please indicate your intentions with regard to the Agreement on Trade in Civil 
Aircraft and the current tariff and regulatory practi ces in Tajikistan related to trade in civil 
aircraft.  We encourage Tajikistan to adhere to this agreement upon accession.  
Answer:
 
In Accordance with the Government Decree No. 450 of 25 October 2003 there is 5 per cent import 
duty on aircraft, spacecraft and the parts thereof.  Import of aircraft is not subject to any licensing 
regime. 
Tajikistan intends to accede to the Agreem ent on Trade in Civil Aircraft upon accession. 
V.  TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
Question 140 We look forward to receive translated copies of the recently adopted laws in this area 
announced at the fourth Working Party me eting, notably the Laws on Geographical 
Indications, on Trademarks and Service Mark s and on Topology of Integrated Circuits. 
Answer:
 
Please see document WT/ACC/TJK/17/Add.1. 
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights Question 141 Paragraphs 202-207:  What specific measures does Tajikistan have in place to address domestic 
production of pirated optical media (videos, CDs , DVDs) or inter-state trade in pirated optical 
media?  Are there any related licensing requirements for the production or trade in such goods?  
What kinds of activities do law enforcement auth orities use to monitor possible black market 
sales of such goods?  
Answer:
 
Steps that have been taken in order to address do mestic production and inter-state trade in pirated 
optical media include the following: 
In 2006, within the Directorate for Fighting the Organi zed Crime of the Ministry of Internal Affairs of 
the Republic of Tajikistan, the Department for Fight ing the Crime Related to Intellectual Property has WT/ACC/TJK/17 
Page 62  
 
 been established.  The Department is directly  involved and coordinates activities of the law 
enforcement agencies related to prevention, detec tion, discovery and suppression of offences related 
to copyrights and related rights, industrial property rights, and trad e in pirated and counterfeit goods. 
The Department is also involved in raids a nd confiscation of pirate d and counterfeit goods.  
The new Code of Administrative Violations, which came into effect in 2009, contains the specific 
Chapter (22) on offences related to intellectual property rights.  Article 376 specifically provides 
penalties for illegal manufacturing, import, sales, rent and other illegal use of a creation or a 
phonogram.  
In accordance with the Decree on Licensing of Specific Activities No. 337 of 1 September 2005 
production of phonograms and videogram s is subject to a licence issued  by the Committee for TV and 
Radio Broadcasting within the Government of Tajikista n.  The activity is subject to licence regardless 
of the carrier media used.    
Question 142 
Could Tajikistan clarify whether as a Member of the Berne Convention it applies its Article 6 bis 
even if this is not an obligation under the TRIPS Agreement?  
Answer:
 
Yes, Tajikistan applies fully Berne Convention Article 6 bis.  Appropriate provisions on protection of 
author's moral rights, including the protection of mo ral rights after the author's death, compliant with 
Article 6 bis, are contained in Article 1130 of the Civil Code and Articles 15 and 17 of the Law on 
Copyright and Related Rights.  Furthermore, the pe riod of protection of author's moral rights is not 
limited, i.e. it is provided during the author's lifetim e and for the indefinite time after his/her death. 
Question 143 Could Tajikistan explain whether it Copyri ght Law provides for copyright protection for 
photographs? 
Answer:
 
In accordance with Article 6, item 9 of the Law on Copyright and Related Rights, any photographic 
works or any works made in a manner similar to phot ography are protected by copyright, i.e. covered 
by all the provisions of the applicable copyright le gislation of the Republic of Tajikistan, without any 
restrictions.  The copyright constitutes at the moment  of the creation of the photograph, by the sole 
fact of its creation, and there is no need for the regi stration of the copyright (Article 9).  The copyright 
is valid for the lifetime of an author and 50 years after his/her death.  
Question 144 
With regard to the implementation of Article 20 of the Berne Convention which authorizes 
members to enter into special agreements amon g themselves to provide more extensive rights, 
Tajikistan has stated that its Copyright Law does not prohibit from entering into special 
agreements.  Is the possibility to enter into such special agreements specified in the Law at all? 
Or is the conclusion that the Law does not proh ibit entering into such special agreements drawn 
simply because there is no mention in the law at all?  WT/ACC/TJK/17 
 Page 63 
 
 
 Answer:  
In accordance with the Article 10 of the Constitution of the Republic of Tajikis tan, international legal 
acts, including international agreemen ts and conventions, ratified by Taji kistan are integral part of the 
national legal system.  In case of the conflict of th e national law and the ratif ied international legal 
act, the latter takes precedence.  Tajikistan has ratif ied and is a member of the Berne Convention (as 
of 9 March 2000) and the WIPO Copyright Treaty ( as of 5 April 2009), which are the part of its 
national legislation without any restrictions in a pplication.  Consequently, by virtue of direct 
implementation of the Berne Conve ntion and WIPO Copyright Treaty,  Tajikistan is entitled to enter 
into special agreements within the meaning of  Berne Convention Article 20 and WIPO Copyright 
Treaty Article 1.  WIPO Copyright Agreement is ac tually a special agreemen t within the meaning of 
Bern Convention Article 20. 
- Trademarks, including service marks 
Question 145 Paragraph 211:  We request that Tajikistan please provide a current list of the marks that 
appear on their WKM registry.  Further, if a ma rk does not appear on the WKM registry is the 
mark still entitled to WKM status for the purpo se of affording protections pursuant to TRIPS 
Article 16?   
Answer:
 
As of 1 January 2010 no applications for the regi stration of a well known mark have been received. 
Consequently, there are no entries in the WKM Registry. 
In accordance with the Law on Trademarks and Service Marks, the mark that is not registered in the 
WKM Registry is not entitled to WKM status and consequently, it is not afforded protection 
applicable to a well known mark.  
Question 146 
Could Tajikistan explain the expected implications  for the use of foreign trademarks of the new 
Law on the Language that is currently being considered? 
Answer:  
The Law on the State Language of the Republic of Ta jikistan has been passed by the Parliament in the 
meantime and came into effect on 5 October 2009.   The Law regulates the use of the State language 
and other languages in the activities of the State aut horities, local authorities, legal entities (regardless 
of their organizational form), de hkan farms and entrepreneurs (Ar ticle 1, paragraph 1).  Under 
Article 2, paragraph 1 of the Law, the State la nguage of the Republic of Tajikistan is the Tajik 
Language.  Under Article 13, announ cements and advertisements can be  made in Tajik or any other 
language.  Therefore, provisions of the Law do not have any implications whatsoever on the 
registration and use of foreign trademarks in Tajikista n.  The foreign trademarks  can be used in their 
original form and content, as registered at the appropriate trademark/patent office. WT/ACC/TJK/17 
Page 64  
 
 - Geographical indications, including appellations of origin  
Question 147 Paragraph 217:  Please provide further clarificatio n on how Tajikistan prevents the use of false 
geographical indications used on wines and spirits as required under TRIPS Article 23. 
Answer:
 
The additional protection for geographical indications  used on wines and spirits, within the meaning 
of TRIPS Article 23, is provided by the appr opriate provisions of the Law on Geographical 
Indications and the Law on Trademarks and Service Marks.  
In accordance with Article 16, paragraph 2 of th e Law on Geographical Indications, unauthorized use 
of false indications of source and a registered appellation of origin, even if the indicated place of 
origin of a product is genuine or if an appellation is  used in translation or in combination with such 
expressions as "sort", "kind," "type," "i mitation," and the like, is prohibited. 
Article 8, paragraph 4 of the La w on Trademarks and Service Marks provides that in accordance with 
international legal acts recognized by the Republic of Tajikistan, registrati on of trademarks that 
represent or incorporate the elements that are protected  in one of the States-parties to that international 
legal act as a designation identifying wines or al coholic beverages as originating from its territory 
(produced within the geographic boundaries of that State), and possessing individual quality, reputation or other properties that are mainly determin ed by their origin, is prohibited if the mark is 
intended for use on wine or spirit that does not originate from such geographical territory. 
Under Article 9, paragraph 3 of the Law on Trademarks and Service Marks, designations, identical 
with or confusingly similar to the appellations of or igin of goods, protected in the territory of the 
Republic of Tajikistan, cannot be registered as trad emarks in respect of any goods, except where such 
designations are incorporated as non-protected elements  into trademarks, registered in the name of 
persons eligible to use such appellations. 
- Patents 
Question 148 
Could Tajikistan please explain how the ex ceptions listed in Article 30 of the Law 
"On Inventions" comply with Article 30 of the TRIPS Agreements.  Is there a language in your law that requires that such exceptions to rights  conferred do not unreasonably interfere with a 
normal exploitation of the patent and do not unreasonably prejudice the legitimate interests of 
the patent owner? 
Answer:
 
There is no explicit language in the Law on Inventio ns that would fully reflect the language of TRIPS 
Article 30.  
Currently, Tajikistan performs the analysis of its legislation governing intellectual property rights in 
order to bring it into compliance with WTO rules and disciplines.  
Preparation of relevant proposals will be finalized in the course of 2010.   WT/ACC/TJK/17 
 Page 65 
 
 
 Question 149 
Could you please explain how the additional conditions listed in Article 31(l) (i)-(iii) are met in 
Article 28 of the Law "On Inventions". 
Answer:  
Additional conditions listed in Article 31(l) (i)-(iii) have not been met in Article 28 of the Law on 
Inventions.  
Currently, Tajikistan performs the analysis of its legislation governing intellectual property rights in 
order to bring it into compliance with WTO rules and disciplines. 
Preparation of relevant proposals w ill be finalized in the course of 2010. 
Question 150 
What is the status of the amendments to the Law "On Inventions" that would bring it in 
compliance with Articles 31(f) and 39.2 of the TR IPS?  We are looking forward to reviewing the 
amendments. 
Answer:  
Tajikistan believes that issues referred to in TRI PS Article 39.2 should not be regulated by the Law on 
Inventions, but rather by the legislation that provides protection of undisclosed information.  
Provision of TRIPS Article 31(f) has not been included in the Law on Inventions, yet. 
Currently, Tajikistan performs the analysis of its legislation governing intellectual property rights in 
order to bring it into compliance with WTO rules and disciplines. 
Preparation of relevant proposals w ill be finalized in the course of 2010. 
- Plant variety protection 
Question 151 
Is Tajikistan considering joining the UPOV convention? 
Answer:  
Yes, it does. The draft Law on Protection of Plant Varieties has been worked out in Tajikistan and subsequently 
sent to the UPOV Secretariat for review.  Curren tly, the work is underway to study the comments 
received from the UPOV Secretariat and incorporate th em into the draft Law.  Final version of the 
draft Law will be submitted to the Go vernment for approval in July 2010. 
- Requirements on undisclosed information,  including trade secrets and test data 
Question 152 Paragraph 226:  The explanation provided in paragraph 226 still does not provide sufficient 
assurance that the Tajik Government authoriti es who are tasked to rev iew data submitted by 
companies seeking marketing approval for pharma ceuticals will not rely on that data for the WT/ACC/TJK/17 
Page 66  
 
 approval or consideration of other products submitted by other companies seeking approval to 
market similar products.  Protection of commercial secrets, as provided for in Article 152 of the Civil Code, may not provide sufficient guarantees about reliance, which is a different issue than 
disclosure to competitors of that information.  
Answer:
 
Tajikistan will amend the relevant legislation in order to meet requirements of TRIPS Article 39. 
Preparation of relevant proposals w ill be finalized in the course of 2010. 
- ENFORCEMENT 
Question 153 Question 220 of document WT/ACC/TJK/15:  Tajikistan states that it will plan to "prepare 
amendments to the Code on administrative violat ions with the special chapter on penalties for 
intellectual property rights violations." 
Please provide a translation of these amendments as soon as possible to clarify that the 
administrative penalties satisfy the requirements of TRIPS Articles 45 and 46.  
Answer:
 
The new Code on Administrative Violations has been passed and became effective in 2009. 
Chapter 22 - Offences Related to Intellectual Pr operty Rights provides penalties for infringement of 
intellectual property rights.  Please see document WT/ACC/TJK/17/Add.1.    
Question 154 
Question 221 of document WT/ACC/TJK/15: According to Article 80 of the Criminal 
Procedure Code, which Tajikistan submitted in it s answer to this question, "instruments of the 
violation" and "goods banned" to be "transfer red to appropriate organizations or destroyed." 
TRIPS Article 61 requires "seizure, forfeiture, and destruction of any materials and implements 
the predominant use of which has been in the commission of the offence."  Please clarify the 
meaning of "appropriate organizations" and that transferring the banned goods and the instruments of the violation to "appropriate organ izations" is consistent with this provision.  
Also according to Article 80, "goods with no value and that can't be used, are subject to 
destruction, and in the events of requests by interested parties or organizations, such goods can 
be transferred to respective parties or organizations." 
TRIPS Article 61 requires "seizure, forfeiture, and destruction of any materials and implements 
the predominant use of which has been in the co mmission of the offence."  Please clarify how it 
is determined that goods have "no value" and "can 't be used" such that upon request they can 
be transferred to interested part ies or organizations and also ho w this provision is consistent 
with Article 61 given that Article 61 does not pr ovide any exception for goods having "no value" 
and that "can't be used".    WT/ACC/TJK/17 
 Page 67 
 
 
 Answer:  
Tajikistan is aware of the inconsistencies indicated  above and will amend the relevant legislation in 
order to meet requirements of TRIPS Article 61.  Please note, however, that Article 48 of the Law on 
Copyright and Related Rights provides the following: 
− Upon request, copies of pirated works or phonograms are delivered to the right holder, who is 
free to dispose of them; 
− Upon the request of the right holder, pirate d copies of pirated works or phonograms are 
subject to destruction; and 
− Materials and equipment used for making or manufacturing of copies of pirated works or 
phonograms are subject to confiscation, or confiscation and destruction, as the case may be. 
Question 155 
Question 222 of document WT/ACC/TJK/15:  Tajikistan states that Article 156 of the Criminal 
Code defines "significant damage" and clai ms that trademark "enforcement measures" 
relating to its Law on Trademarks are stipulated in the Civil Code, the Code of Administrative 
Violations, and the Criminal Code.  
Please clarify whether the "significant damage" th reshold in Tajikistan's Criminal Code applies 
to remedies available in the Civil Code and the Code of Administrative Violations.  
Answer:  
The threshold of the "significant damage" as provide d in the Criminal Code, which currently amounts 
to US$8,000, is one of the criteria for de termining a penalty for a crime related inter alia  to 
infringement of intellectual property rights.  If the "significant damage" is caused to the right holder by the violation of IP rights, the penalty for offender is harsher and ma y include imprisonment. 
There is no such threshold in the Civil Code and th e Code of Administrative Violations.  Both codes 
provide the regime of protection of IP rights, which is  the same regardless of the amount of damage.     
Question 156 
Questions 223 and 224 of document WT/ACC/TJK/15:   Tajikistan identified the relevant laws 
governing production of evidence by the opposing  party, damages awarded to violation of IP 
rights, and seizure of the infringing goods as well as  the articles that enable judicial authorities 
to order prompt and effective provisional measures.  
Please provide an English translation of the Articl es 33-39, 40-41 of the Code of Civil Procedure, 
and Articles 11, 15, and 137 of the Civil Code in order to clarify whether these Articles are 
consistent with TRIPS.  
Answer:
 
Please see document WT/ACC/TJK/17/Add.1. Question 157 Question 227 of document WT/ACC/TJK/15:  Tajikistan stated a translation of Article 158(2) of 
the Code of the Republic of Tajikistan on Ad ministrative Violations of 11 December 1999 was 
submitted in the document WT/ACC/TJK/13. WT/ACC/TJK/17 
Page 68  
 
 To clarify whether this Article is consistent with TRIPS, please resubmit an English translation 
of this Article as it appears to be unavailable.   
Answer:
 
The new Law on Administrative Viol ations has been adopted in 2009, repealing the Law of 1999.  
The provision that reflects Article  158(2) of the old Law is to be found in Article 376 of the new Law, 
which is the part of the Chapter 22 - Offences Re lated to Intellectual Property Rights.  Please see 
document WT/ACC/TJK/17/Add.1. 
- Special border measures  
Question 158 Paragraph 238-242:  Please describe cross-border enforcement efforts to date in terms of 
amounts and values of seizures and/or pirated or copyrighted goods destroyed.  
Answer:
 
Special border measures in respect of import and export of objects of intellectual property rights are 
regulated by Chapter 54 of the Customs Code, Decr ee of the Government of Tajikistan on the Rules 
of the Customs Control of Movement through the State Border of Goods Containing Objects of 
Intellectual Property Rights, No. 185 of 30 April 2002, Instruction of the Customs Administration 
under the Government of the Republic of Tajikistan on the Manner of Control of Goods Containing 
Objects of Intellectual Property Rights No. 337-f of 10 October 2005 and any other legal acts. 
In accordance with the above mentioned normative legal acts customs authorities may suspend the 
release of goods only upon the request for implemen tation of measures for protection of intellectual 
property rights filed by the right holder (or his representative). 
In order to protect his rights, holder of the copyri ght and related rights, trademark, industrial model 
and the appellation of origin protected in the Republ ic of Tajikistan may file a written application to 
the Customs Administration under the Governme nt of the Republic of Tajikistan requesting 
implementation of measures related to suspension of the release of goods that are, in his opinion, 
counterfeit. 
Until now no right holder applied to the Custom s Administration under the Government of the 
Republic of Tajikistan in respect of these issues and the measures prescribed by the legislation of the 
Republic of Tajikistan have not been implemented.    
Question 159 
Paragraph 242:  The lack of ex officio authorit y for customs officials in existing legislation 
continues to be an important missing tool that  is needed for effective border enforcement.  
We urge Tajikistan to amend its customs le gislation to provide for this authority.  
Answer:  
In accordance with paragraph 5.1 of the Regulation on the Procedure of Customs Control Related to 
Goods Containing Objects of Intellectual Property No. 223 of 19 July 2006, in case of reveal of 
counterfeit goods containing object of intellectual pr operty rights registered in the customs register, 
customs authorities suspend the release of goods for ten working days.  This period of time can be 
extended for not more than ten working days, if the applicant submits substantiated written  WT/ACC/TJK/17 
 Page 69 
 
 
 application to that effect and provides evidence th at he applied to the court and other competent 
authorities for the protection of his rights.  
Question 160 
Question 25:  Tajikistan indicated that its cust oms code currently does not provide for ex officio 
action by customs officials.  Please indicate whet her any of the legislative acts being drafted or 
submitted to parliament address this deficiency or what plans Tajikistan has to ensure TRIPS 
compliance in this area?  
Answer:  
Please see the answer to Question 159 above. 
VII. TRANSPARENCY 
Question 161 
Paragraph 251:  We understand that judicial decisions are not covered by the Law on 
Normative Legal Acts which provides for publicat ion of these acts.  Are judicial decisions 
pertaining to matters listed in GATT Article X( 1) nevertheless published, as required by this 
Article? 
Answer:  
GATT Article X(1) requires publication, inter alia , of judicial decisions and rulings of general 
application.  Under the legal system of Tajikistan, the only court that has the power to issue decisions 
and rulings of general application is the Cons titutional Court of the Republic of Tajikistan.  
In accordance with Article 54 of the Constitutiona l Law on the Constitutional Court of the Republic 
of Tajikistan, all the decisions and/or rulings of the Constitutional Court must be publicized in the 
printed news media.  No other court in the Republic  of Tajikistan has the power to issue rulings of 
general application, but rather to decide indivi dual cases.  Rulings in such individual cases are not 
published.   
VIII. TRADE AGREEMENTS 
Question 162 
Paragraph 256:  Please provide more information about Tajikistan's participation in the Euro-
Asian Economic Committee (EurASEC).  In particular, have specific dates been set for Tajikistan to join a single market, to join a si ngle customs territory, to harmonize economic and 
trade regulation; and to abolish customs co ntrol over the internal borders of the member 
States? 
Answer:
 
Tajikistan is the member of  EurASEC and monito rs the developments regarding the Customs Union 
of  the Russian Federation, Kazakhstan, and Belarus.  However, at this point Tajikistan's first priority 
is the accession to the WTO.  There are no concrete dates or actions set in respect of either EurASEC 
or the Customs Union. WT/ACC/TJK/17 
Page 70  
 
 Question 163 
Does Tajikistan have near term plans to appl y for membership in the newly created Customs 
Union of Russia, Kazakhstan, and Belarus? 
Answer:
 
Please see the answer to Question 162 above.  WT/ACC/TJK/17 
 Page 71 
 
 
 ANNEX 1 
Veterinary-Sanitary Requirements:  For Importation of Meat and Meat Products  
into the Republic of Tajikistan  
Meat and meat products obtained from slaughter and processing of healthy animals at meat processing 
plants licensed by the central state veterinary service of the exporting country to supply the products 
for export and being under its regul ar supervision shall be permitted to be imported into the Republic 
of Tajikistan.   
Animals, whose meat is intended for export into the Republic of Tajikistan, shall be subject to 
antemortem veterinary inspection, and the carcas ses and organs thereof – shall be subject to 
postmortem veterinary inspection carried out by the state veterinary service of the exporting country. 
The meat must be recognized as suitable for human food.  
Carcasses (half-carcasses, quarters) shall have a clear stamp of the State veterinary control with an 
indication of the name or number of meat processing factory (meat packing facility) where the slaughter of animals took place.  Carved meat shall have the marking (the veterinary mark) on the package or plastic wrapping.  Marking label must be placed on the package in  such a manner so that 
the opening of a package is impossible without damaging of the marking label.  
Meat and meat products shall originate from the sla ughter of healthy animals prepared in farms and 
administrative territories that are officially fr ee of animal diseases, including the following: 
(a)  For all animal species:   - African porcine fever - within the preceding three years in the terr itory of a country; 
and 
 - Foot-and-mouth disease – within the preceding 12 months in the territory of a 
country. 
(b)  For bovine animals:   - Bovine spongiform encephalopathy and scrapie  of goats in the territory of a country, 
in compliance with the requirements of the OIE International Veterinary Code; 
 - Rinderpest, contagious pleuropneumonia,  vesicular stomatitis, peste des petits 
ruminants - within the preceding 12 m onths in the territory of a country; 
 - Tuberculosis, brucellosis, leucosis – with in the preceding six months in the territory 
of the farm; and 
 - Anthrax, blackleg - within the past 20 days in the territory of the farm. 
(c)  For sheep and goats:  
 - Bovine spongiform encephalopathy and scrap ie of goats - within the territory of the 
country, in compliance with the requirement s of the OIE International Veterinary 
Code; 
 - Bluetongue, bovine plague and contagious  bovine pleuropneumonia, peste des petits 
ruminants - within preceding 12 months in the territory of a country; 
 - Adenomatosis, Maedi-Visna disease, arth ritis-encephalitis - within the preceding 
three years in the territory of the farm; 
 - Sheep and goats pox - within the preceding 12 months in the territory of the farm;  - Tuberculosis, brucellosis - within the pr eceding six months in the territory of the 
farm; and WT/ACC/TJK/17 
Page 72  
 
  - Anthrax - within the past 20 days in the territory of farming. 
(d)  For swine:   - Porcine vesicular disease - within the past 12 months in the territory of a country; 
 - Classical porcine fever, porcine enter ovirus encephalomyelitis (Teschen disease) - 
within the preceding 12 months in the administrative area (State, province, land, 
district, etc.); 
 - Trichinellosis - within the past thr ee years in the territory of farming; 
 - Porcine Reproductive and Respiratory Syndrome - within the preceding 12 months in 
the territory of the farm; and 
 - Antrax; Porcine erysipelas (Erysipelas s uum) - within the preceding 20 days in the 
territory of the farm. 
All the carcasses examined must be free of trichinellosis.  Beef and mutton must be produced from the slaughter of animals that have not received the feed of 
animal origin, which was prepared with the use of innards and tissues of ruminant animals.  
Meat and meat products must be obtained from the slaughter of animals that have not received the 
feed of animal origin made by using techniques of  genetic engineering or other genetically modified 
sources. 
The following meat and meat products shall not be permitted to be imported into the Republic of 
Tajikistan: 
− That at the time of the postmortem veterinary -sanitary examination have changes typical for 
foot and mouth disease, plague, anaerobic infecti ons, tuberculosis, leukemia, etc., infectious 
diseases, that are affected by helminthes (c ysticercosis, trichinosis, sarcosporidiosis, 
onchocerciasis, echinococcosis, et c.), as well as the meat and meat products that are poisoned 
by various substances; 
− That were subject to defrosting in the course of the storage period;  
− That have signs of adulteration;  
− That have a temperature in the thickness of the muscles adjacent to the bones not exceeding 
minus 18 degrees centigrade for frozen meat, and not exceeding 4 degrees centigrade for chilled meat;  
− That contain remnants of internal organs, he morrhages in the tissues, abscesses not removed, 
gadfly larvae, those with removed serosus membranes and lymph nodes, and those with 
mechanical impurities, as well as any meat of inappropriate color, smell, taste (fish, 
medicines, herbs, etc.);  
− That contain preserving agents;  
− Being infested  with salmonella or other activators of bacterial infections;  
− Treated with coloring agents, ionizing radiation or ultraviolet rays; and 
− Obtained from the slaughter of animals that were subject to natural or synthetic estrogen, 
hormonal substances, thyrostatic preparations, antibiotics, pesticides and other medications, 
used before slaughter later than recommende d by the instructions for their use.  
Microbiological, chemical-toxicological radiological i ndicators of meat must meet the veterinary and 
sanitary rules and requirements in force in the Republic of Tajikistan.                                                             
Container and packaging must be disposable and meet hygiene requirements.   WT/ACC/TJK/17 
 Page 73 
 
 
 Means of transport must be processed and prepared in accordance with the rules set in the exporting 
country.  
Fulfillment of the conditions set in these requireme nts must be fully confirmed by a veterinary 
certificate, signed by the state veterinarian of the exporting country and made in the language of the 
exporting country and in Russian language. 
Shipment of meat and meat products into the Repub lic of Tajikistan shall be possible only after the 
permission of the Main Veterinary Directorate wi thin the State Veterinary Inspectorate under the 
Ministry of Agriculture of the Republic of Tajik istan has been received by the importer.   
The Main Veterinary Directorate with the Stat e Veterinary Inspectorate under the Ministry of 
Agriculture of the Republic of Tajikistan reserves the right to carry out, through its veterinary 
specialists, the antemortem examination of animals and veterinary-sanitary examination of carcasses 
and viscera at the exporter's enterprise as well as an evaluation of meat-processing facilities for the 
possibility to supply their products into the Republic of Tajikistan.  WT/ACC/TJK/17 
Page 74  
 
 ANNEX 2 
Veterinary-Sanitary Requirements:  For Importation of Poultry Meat 
 
into the Republic of Tajikistan  
Poultry meat obtained from slaughter and processing of the healthy poultry at poultry processing 
plants licensed by the Central State Veterinary Se rvice of the exporting country to supply the products 
for export and being under its regul ar supervision shall be permitted to be imported into the Republic 
of Tajikistan.   
The poultry, whose meat is intended for export into the Republic of Tajikistan, shall be subject to 
antemortem veterinary inspection, and the carcas ses and organs thereof – shall be subject to 
postmortem veterinary inspection carried out by the state veterinary service of the exporting country. 
The meat must be recognized as suitable for human food.  
The meat shall have the marking (veterinary mark) on the package or plastic wrapping.  Marking label 
must be placed on the package in such a manner so  that the opening of a package is impossible 
without damaging of the marking label.  
The poultry meat shall come from the slaughter of healthy poultry prepared in farms and 
administrative territories that are officially fr ee of animal diseases, including the following: 
− African porcine fever - within the preceding th ree years in the territory of a country;  
− Foot-and-mouth disease – within the preceding 12  months in the administrative territory 
(state, province, land, district etc.);  
− Newcastle disease, avian influenza (plague) within the preceding six months in the 
administrative territory (state, province, land, district etc.); 
− Chicken and turkey farms – parrot-fever (ps ittacosis), paramyxovirus infection, turkey 
rhinotracheitis, infectious laryngotracheitis , infectious encephalomyelitis – within the 
preceding six months in the territory of farm;  
− Goose and duck farms - goose viral enteritis, duc ks viral hepatitis, chicken psittacosis (parrot 
fever) – within the preceding six months  in the territory of the farm; and 
− Poultry for slaughter originate from farms whic h, in accordance with the requirements of the 
OIE International Veterinary Code, have been recognized as free of salmonellosis.  
Poultry meat must be obtained from the slaughter of poultry that have not received the feed of animal 
origin made by using techniques of genetic engin eering or other genetically modified sources.  
The poultry meat, having the following characteristi cs, shall not be permitted for the importation in 
the Republic of Tajikistan: 
− The poultry meat that at the time of the pos tmortem veterinary-sanitary examination has 
changes typical for contagious diseases, that is affected by helminthes as well as the meat 
poisoned by various substances; 
− Meat of un-eviscerated  or partly eviscerated birds; 
− Poultry meat of bad quality based on organoleptic results; 
− Poultry meat that has a temperature in the th ickness of the muscles adjacent to the bones not 
exceeding minus 18 degrees centigrade for frozen meat; 
− Poultry meat that contains preserving agents;  
− Infested  with salmonella at the surface of carcass es, in the thickness of the muscles or in the 
organ tissue; 
− Treated with coloring and scent agents, ionizing radiation or ultraviolet rays;  WT/ACC/TJK/17 
 Page 75 
 
 
 − Poultry meat with dark pigmentation (except turkey and guinea fowl); and 
− Poultry meat obtained from the slaughter of birds that were subject to natural or synthetic 
estrogen, hormonal substances, thyrostatic prep arations, antibiotics, pesticides and other 
medications, used before slaughter later than recommended by the instructions for their use. 
Microbiological, chemical-toxicological and radiological indicators of the poultry shall meet 
veterinary and sanitary rules and requirement s in force in the Republic of Tajikistan. 
Container and packaging must be disposable and meet hygiene requirements. 
Means of transport must be processed and prepared in accordance with the rules set in the exporting 
country. 
Fulfillment of the conditions set in these requireme nts must be fully confirmed by a veterinary 
certificate, signed by the State vete rinarian of the exporting country and made in the language of the 
exporting country and in Russian language. 
Shipment of poultry meat in the Republic of Tajikis tan shall be possible only after the permission of 
the Main Veterinary Directorate within the Stat e Veterinary Inspectorate under the Ministry of 
Agriculture of the Republic of Tajikistan has been received by the importer. 
The Main Veterinary Directorate with the Stat e Veterinary Inspectorate under the Ministry of 
Agriculture of the Republic of Tajikistan reserves the right to carry out, through its veterinary 
specialists, the antemortem examination of animals and veterinary-sanitary examination of carcasses 
and viscera at the exporter's enterprise as well as  an evaluation of poultry meat-processing facilities 
for the possibility to supply their products  into the Republic of Tajikistan.  
 WT/ACC/TJK/17 
Page 76  
 
 ANNEX 3  
Republic of Tajikistan – Ministry of Agriculture
 
State Veteriinary Service  
Form No. 5e 
VETERINARY CERTIFICATE No. ________ 
For Exported Meat and Meat Products from Domestic and Wild Animals 
Border Control Veterinary Post________________________________________________________ 
Name of the product_________________________________________________________________ Number of packages_________________________________________________________________ Type of package ____________________________________________________________________ 
Identification markings_______________________________________________________________ 
Net weight ________________________________________________________________________ 
1.   Origin of Products 
Name and the address of the exporter __________________ ________________ _________________ 
_________________________________________________________________________________ 
2.   Destination of Products 
Country of Destination_______________________________________________________________ 
Country of Transit __________________________________________________________________ Border crossing point________________________________________________________________ Name and the address of the consignee ___________________ _______________ ________________ 
__________________________________________________________________________________ 
Means of transport __________________________________________________________________ 
(No. of the rail car, licence plate num ber, flight number, vessel number) 
Loading time _______________________________________________________________ 
3. I, the undersigned state veterinarian of the Republic of Tajikistan, certify that meat 
products (meat) presented for examination: 
− Originate from slaughter of healthy animals; 
− Are recognized as fit for human consumption; 
− Have been produced at the enterprises, which are under permanent supervision of the State 
Veterinary Service, have export permission and satisfy veterinary requirements of the 
Republic of Tajikistan; 
− Originate from the locality free of infectious diseases, including those listed in the OIE List 
"A", during the last ____ months, and moreover: ___________________________________ 
Veterinary sanitary examination of the meat did not discover any changes specific for:____________ 
_________________________________________________________________________________ 
Upon the requirement of the importing country the products have been tested before shipment on 
______________ for radioactive contamination in th e state veterinary laboratory, licensed for 
conducting such tests; the level of radio active contamination did not exceed _______ 
bekerel/kilogram.  WT/ACC/TJK/17 
 Page 77 
 
 
 Means of transport have been cleaned and disinf ected by the methods and means approved in the 
Republic of Tajikistan. 
Made on __________________________________________________________________________ Veterinarian   ______________________________________________________________________ 
(Name, title) 
Stamp: WT/ACC/TJK/17 
Page 78  
 
 Republic of Tajikistan – Ministry of Agriculture
 
State Veterinary Service  
Form No. 2 
VETERINARY CERTIFICATE No. ________ 
For Imported Products and Raw Materials of Animal Origin  
Made on ____________________ 
I, the undersigned veterinary doctor, have issued  the this Veterinary Certificate to _______________ 
_________________________________________________________________________________ 
(To whom - name of the natural or legal person) 
 certifying that _____________________________________________________________________ 
(Indication of the product or raw material of animal origin) 
__________________________________________________________________________________ 
(Originating from, in accordance with GOST, OST, TU) 
in the quantity of ___________________________________________________________________ 
(Packages, items, kilograms)       (T ype of package)        (Labelling) 
processed ____________________ __________________________ _______________ ____________ 
(Name of the enterprise; owner's name; address) 
__________________________________________________________________________________ 
(Processing date) 
has been subject to complete veterinary sanitary control/ has been prepared from the raw materials 
that were subject to complete veterinary  sanitary control (underline the applicable) 
and has been recognized as suitable for  _________________________________________________ 
                                                                                 (Circulation without restrictions) 
__________________________________________________________________________________ 
(Restricted circulation – indicate circumstances) 
__________________________________________________________________________________ 
(Reprocessing in accordance with the rules of veterinary sanitary control) 
and is being dispatched ______________________________________________________________ 
(Means of transp ort, itinerary) 
to _______________________________________________________________________________ 
(Name and the address of the consignee) 
covered by ________________________________________________________________________ 
(Number(s) of the transport documents) 
Products have been subject to additional la boratory examination ______________________________ 
                                                                                                         (Name of the laborator y) 
__________________________________________________________________________________ 
(Number of the findings and the results of the examination) 
  WT/ACC/TJK/17 
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SPECIFIC REMARKS: ________ __________________________ _______________ _____________ 
(Indicate epizootical status of the locality) 
__________________________________________________________________________________ 
(Date and number of the permission of the higher instance state inspector) 
__________________________________________________________________________________  
(for export of the products out of the territory) 
__________________________________________________________________________________  
(Indicate numbers of markings, etc.) 
This certificate must be presented for the control at the time of loading and during the transportation 
to the destination, and must be transferred to the c onsignee.  Copy of the certificate is not valid.  In 
case of the violation of the manner of filling the form , certificate must be passed to the chief state 
inspector of the authority of the Republic of Tajik istan who has the jurisdiction over the place of exit 
of the cargo, with the indication of the violation that has occurred.   
________________________________________ 
                              (Full name) 
_________________________________________ 
                                  (Title) 
_________________________________________ 
                              (Signature) 
 Stamp:  WT/ACC/TJK/17 
Page 80  
 
 ANNEX 4 
List of Goods Subject to Mandatory Certification
 
Under the Decree No. 486 of 1 October 2008  
 
HS Code 
(Chapter) Description Goods subject to mandatory 
certification 
02 Meat and edible meat offal All the goods under this chapter 
03 Fish and crustaceans, mollusks and other aquati c invertebrates All the goods under this chapter 
04 Dairy produce; birds' eggs; natural honey; edible products of  
animal origin, not elsewhere specified or included. All the goods under this chapter 
05 Edible products of animal origin not elsewhere specified or 
included. All the goods under this chapter 
06  Live trees and other plants; bulbs, roots and the like; cut flowers 
and ornamental foliage All the goods under this chapter 
07 Edible vegetables and certain roots a nd tubers All the goods under this chapter 
08 Edible fruit and nuts; peel of citrus fruit  or melons All the goods under this chapter 
09 Coffee, tea, mate and spices All the goods under this chapter 
10 Cereals All the goods under this chapter 
11 Products of the milling industry; malt; starches; inulin; wheat 
gluten All the goods under this chapter 
12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and 
fruit; industrial or medicinal plants; straw and fodder All the goods under this chapter 
13 Lac; gums, resins and other vegetable saps  and extracts All the goods under this chapter 
14 Vegetable plaiting materials; vegetable products not elsewhere 
specified or included 1404200000 
15 Fats and oil of animal or vegetable origin their sub products, 
edible fats, wax of animal and vegetable origin 1502-1504, 1506-1517, 1520, 
1521 
16 Edible products of meat, fish or and crustaceans, mollusks and 
other aquatic invertebrates All the goods under this chapter 
17 Sugars and sugar confectionery All the goods under this chapter 
18 Cocoa and cocoa preparations All the goods under this chapter 
19 Preparations of cereals, flour, starch or milk; pastry cooks' 
products All the goods under this chapter 
20 Prepared of vegetables, fruit, nuts or other pa rts of plants All the goods under this chapter 
21 Other food products All the goods under this chapter 
under this chapter 
22 Beverages, spirits and vinegar All the goods under this chapter 
23 Residues and waste from the food industries; prepared animal 
fodder 2301-2106, 2308 
24 Tobacco and manufactured tobacco substitutes All the goods under this chapter 
25 Salt, sulphur, soils and stone, plastering materials, lime and 
cement  2501-2510, 2513, 2515-2517, 
2520-2524 
27 Mineral gasoline, oil and sub products, bituminous substances, 
natural wax 2701121000, 270119000, 
2704001100, 2707101000, 
2707200000, 2708200000, 2709001000, 2709009000,  2710-2714 
30 Pharmaceutical products All the goods under this chapter  
31 Fertilizers All the goods under this chapter  
32 Tanning or dyeing extracts; tannins and their derivatives; dyes, 
pigments and other colouring matter; paints and varnishes; putty and other mastics; inks All the goods under this chapter 
33 Essential oils and resinoids; perfumery, cosmetic or toilet 
preparations All the goods under this chapter  WT/ACC/TJK/17 
 Page 81 
 
 
 HS Code 
(Chapter) Description Goods subject to mandatory 
certification 
34 Soap, organic surface- active agents, washing preparations, 
lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, "dental waxes" and dental preparations with a basis of plaster  3401-3403, 3405-3407 
35 starches albuminoidal substances; modified; glues; enzymes 3501-3502, 3504-3507 
36 explosives; pyrotechnic products; matches; pyrophoric alloys; 
certain combustible preparations 3605000000 
38 Miscellaneous chemical products 3808, 3809910000, 3809930000, 
3811, 3814-3816, 3819-3822, 3824400000, 3824501000, 3824904000, 3824907000 
39 Plastics and articles thereof All the goods under this chapter 
40 Rubber and articles thereof 4008-4011, 4013, 4014, 
4015110000, 4016910000 
41 Raw hides and skins (other than fur skins) and leather 4101, 4102, 4103901000 
43 Fur skins and artificial fur; manufactures thereof All the goods under this chapter 
44 Wood and articles of wood; wood charcoal 4401,4403, 4404, 4406-4413, 
4415, 4417-4419 
48 Paper and paperboard; articles of paper pulp, of paper or of 
paperboard 4801-4803, 4805, 4807, 4809-
4811, 4814, 4816, 4818-4821, 4823 
49 Printed books, newspapers, pictures and other products of the 
printing industry; manuscripts, typescripts and plans 4901990000, 4911990000 
50 Silk All the goods under this chapter 
52 Cotton All the goods under this chapter 
54 Man- made filaments 5407,5408 
55 Man- made staple fibres 5512-5516 
56 Wadding, felt and non-wovens; special yarns; twine, cordage, 
ropes and cables and articles thereof 5601,5607 
57 Carpets and other textile floor coverings All the goods under this chapter 
58 special woven fabrics; tufted textile fabrics; lace; tapestries; 
trimmings; embroidery 5802, 5804, 5809000000 
59 Textile materials coated, covered or laminated textile fabrics; 
textile articles of a kind suitable for industrial use 5904, 5905 
60 Knitted or crocheted fabrics All the goods under this chapter 
61 Articles of apparel and clothing accessories, knitted or crocheted All the goods under this chapter 
62 Articles of apparel and clothing accessories, not knitted or 
crocheted All the goods under this chapter 
63 Other made up textile articles; sets; worn clothing and worn 
textile articles; rags 6103-6306 
64 Footwear, gaiters their parts and similar 6401-6405 
68 Articles of stone, plaster, cement, asbestos, mica or similar 
materials 6801-6803, 6805-6811, 6813 
69 Ceramic products 6901-6908, 6910-6912, 6914 
70 Glass and glassware 7003-7005, 7007, 7009-7014, 
7019, 702000 
71 Natural or cultured pearls, precious or semi- precious stones, 
precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin 7103-7108, 7112-7114, 7116, 
7117 
72 Iron and steel 7208-7223, 7225-7229 
73 Articles of iron or steel All the goods under this chapter 
76 Aluminium and articles thereof 7604-7616 
82 Tools, implements, cutlery, spoons and forks, of base metal; parts 
thereof of base metal 8201-8203, 8206, 8208, 8212-
8215 WT/ACC/TJK/17 
Page 82  
 
 HS Code 
(Chapter) Description Goods subject to mandatory 
certification 
84 Nuclear reactors, boilers, machinery and mechanical appliances; 
parts thereof 8405, 8409, 8413-8415, 8418, 
8421-8423, 8432, 8433, 8438, 8443, 8445-8447, 8450, 8452, 8467, 8470-8473, 8477, 8479, 8481, 8483, 8484 
85 Electrical machinery and equipment and parts thereof; sound 
recorders and reproducers, television image and sound recorders 
and reproducers, and parts and accessories of such articles 8501-8504, 8506-8509, 8511-
8513, 8515210000, 8515291000, 
851539, 8516-8519, 8521-8523, 
8525, 8527-8529, 8535-8541, 8544, 8546, 8547 
87 Vehicles other than railway or tramway rolling- stock, and parts 
and accessories thereof 8708, 8712, 8714, 8715 
90 Optical, photographic, cinematographic, measuring, checking, 
precision, medical or surgical instruments and apparatus; parts and accessories thereof 9001, 9006, 9015-9017, 901831, 
9026, 9028, 9029, 9031 
91 Clocks and watches and parts thereof  9101, 9102, 9105 
94 Furniture: bedding, mattresses , mattress supports; articles of 
bedding and similar furnishing (for example, mattresses, quilts,  
cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material; lamps and lighting fittings not elsewhere specified or included; lighting signal boards, light-boards with the name or title or address and similar; collapsible building constructions  All the goods under this chapter 
95 Toys, games and sport equipment, parts and accessories thereof 9603100000, 9603210000, 9616, 
9617 
96 Other prepared products 9603100000, 9603210000, 9616, 
9617  
 
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