RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TJK/21 
19 April 2011 
 (11-2033) 
Working Party on the Accession  
of the Republic of Tajikistan Original:   English 
 
 
  
ACCESSION OF THE REPUBLIC OF TAJIKISTAN 
 
Additional Questions and Replies
 
  
 The following submission, dated 11 April 2011, is being circulated at the request of the 
Delegation of the Republic of Tajikistan.  
_______________ 
 
   WT/ACC/TJK/21 
 Page i 
 
 
  TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- State Ownership, Privatization; State-trading entities..........................................................1  
- Pricing Policies ............................................................................................................... ...........3  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................3  
- Trading Rights ................................................................................................................. .........3  
A. IMPORT REGULATION........................................................................................................4  
- Tariff rate quotas, tariff exemptions.......................................................................................4  
- Fees and charges for services rendered...................................................................................6  
- Application of internal  taxes to imports .................................................................................8  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............10  
- Customs valuation.............................................................................................................. .....12  
- Rules of origin ................................................................................................................ .........19  
- Preshipment Inspection......................................................................................................... .20 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................21  
B. EXPORT REGULATIONS ...................................................................................................21  
- Export rest rictions ............................................................................................................ ......22  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................23  
- Industrial policy, including subsidies....................................................................................23  
- Technical barriers to trade, standards and certification.....................................................24  
- Sanitary and phytosanitary measures...................................................................................26  
- Free zones, special economic areas........................................................................................34  
- Government procurement......................................................................................................35  
V. TRADE RELATED INTELLECTUAL  PROPERTY REGIME.......................................36  
- GENERAL........................................................................................................................ .......36  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF 
INTELLECTUAL PROPERTY RIGHTS ...........................................................................37  
- Copyright and related rights..................................................................................................3 7 
- Trademarks, including  service marks...................................................................................37  
- Geographical indications, including appellations of origin.................................................38  
- Patents........................................................................................................................ ..............42  
- ENFORCEMENT...................................................................................................................4 3 
VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................45  
ANNEX I........................................................................................................................ .......................46  
  WT/ACC/TJK/21 
 Page 1 
 
 
  II. ECONOMIC POLICIES  
- State Ownership, Privatization; State-trading entities  Question 1 Document WT/ACC/SPEC/TJK/4/Rev.1, paragraph 44:  The representative of Tajikistan noted 
that the State retains a significant stake in the energy sector.  Does Tajikistan have any plans to 
move toward greater private ownership within the energy sector?  What is the timeframe for 
developing a privatization schedule for "Barki Tojik", and could Tajikistan please provide further details on its individual restructuring plan as they become available?  Please include this 
information in the next version of the draft Report. 
Answer:
 
On 30 December 2009 the Government Decree No. 685 has been issued, which granted the right for 
natural persons, citizens of the Republic of Tajikis tan and legal persons regi stered in Tajikistan to 
obtain shares of the Rogun Hydro Power Plant.  At the moment there is no established plan for 
privatization of "Barki Tojik".  However, the plan  of restructuring "Barki Tojik" has been developed 
and presented to the Government for approval.  As soon as the plan is approved it will be submitted 
for review.  The privatization is envisaged  for certain companies within Tajik gaz. 
Question 2  
Paragraph 48:  The representative of Tajikistan identified various enterprises possessing 
"exclusive or special privileges" in purchases or sales involving imports or exports, which other 
firms or enterprises did not have.  Please expl ain what kinds of privileges these enterprises 
enjoy in their purchases or sales of imports and ex ports.  Please include this information in the 
next version of the draft Report. 
Answer:  
The information provided in paragraph 48 and the tit le of Table 4(c) is somewhat misleading and/or 
misunderstood, which may have occurred by co mbining State ownership/privatization and 
STE sections together in one section as suggested by a Member (Question 134 of document 
WT/ACC/TJK/17). 
The title of Table 4(c) appears to be the default template title; however, however it does not reflect its 
content.  Table 4(c) actually lists the state owned companies that will be subject to restructuring. 
Listed companies are state owned (that is why they will be subject to restructuring) and they operate 
on behalf of their owner, like any other company.  The only difference is that the owner is the state 
(Government).  These companies do not enjoy any privileges "in their purchases or sales of imports 
and exports".  In their operation, none of these comp anies has exclusive or special privileges, formal 
or factual. In their sales or purchases, including import and export operations, these companies act in a manner that is compliant to general principles of the non-discriminatory regime. 
Question 3 
Could Tajikistan provide a list of a) state-owned or state-controlled enterprises which it 
maintains, as well as b) enterprises which are fo rmally or in effect granted exclusive/special 
privileges? WT/ACC/TJK/21 
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  Answer
: 
The list state-owned or state-controlled enterprises h as been provided in the answer to Question 7 in 
the preceding round of questions (WT/ACC/TJK/17).  For the matter of convenience the list of large 
and medium enterprises wholly owned by the state is provided in Table 1 below.  Also the list of particularly large enterprises, wholly or predomin antly owned by the state is provided in Table 2 
below: 
Table 1: List of Large and Medium Enterprises Wholly Owned by the State
 
 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 
 
Table 2: List of Particularly Large Enterpri ses Wholly or Predominantly Owned by the State  
 Name Location Share Sector 
1. OАО Tajiktransgaz (formerly 
GUPTajikgaz) Dushanbe 100% Energy 
2. OAO Barki Tojik  Dushanbe 100% Energy 
3. OAO Tajik Air (formerly GUAP Tajik 
Air)  Dushanbe 100% Transport 
4. GUP Rohi Ohani Tojikiston Dushanbe 100% Transport 
5. GUP TALKO (formerly TADAZ) Dushanbe 100% Industry 
6. AO Tojiktelekom Dushanbe 95% Communications 
7. AO Teleradiokom Dushanbe 95% Communications 
8. OAO Tamohush Sughd District 100% Industry 
9. AO Himzavod Sughd District 60% Industry 
 
The listed companies are wholly or predominantly ow ned by the state and they operate on behalf of 
their owner, like any other company. The only differe nce is that the owner is the state (Government). 
These companies do not enjoy any privileges in thei r purchases or sales, imports or exports. In their 
operation, none of these companies has exclusive or special privileges, formal or factual.  In their 
sales or purchases, including import and export operations, these companies act in a manner that is compliant to general principles of the non-discriminatory regime.  WT/ACC/TJK/21 
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  - Pricing Policies 
Question 4 Does Tajikistan plan to abolish price controls in the telecom sector, air and rail transport?  
Answer
: 
Prices in the telecommunications sector are not subject to price controls.  Service providers are free to 
set prices for their services.  
Prices in the telecommunications sector are s upervised by the Antimonopoly Agency of the 
Government of the Republic of Ta jikistan, however, to the extent n ecessary to ensure fair competition 
and prevent any monopolistic practices.  
Prices for air transportation are regulated in accordance with the Law on Natural Monopolies; 
however only for domestic air transport. Prices for in ternational air transport are not subject to state 
control and all domestic and foreign service providers are free to set prices for their services in accordance with their practices.  
Prices for rail transport are also regulated by the Law on Natural Monopolies.  The only service 
provider in this sector - Tajik Railways (State Unita ry Enterprise "Rohi Ohan"), which is state owned, 
and their prices are set by the Ministry of Transport.  
Tajikistan intends to review periodically its policy of price controls relating to the domestic air and 
rail transport where possible in accordance with the development of its economy in the future. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights Question 5 
Paragraph 78:  Could Tajikistan provide an update  on the state of the review of its system of 
commercial presence and the right to import good s into the Republic of Tajikistan with the 
purpose of its further simplification and brin ging it into compliance with WTO rules? 
Answer
: 
Tajikistan has ratified the Revised  Kyoto Convention.  By the act of ratification (Parliament 
Regulation No. 255 of 8 December 2010) the Convention became the integral part of Tajikistan's legal 
system.  Furthermore, in the case of a conflict between the Convention (or any other ratified international agreement) and the la w the Convention takes precedence.  
In accordance with Item 3.7 of the General Anne x to the Revised Kyoto Convention, "any person 
having the right to dispose of the goods shall be entitled to act as declarant".  This provision is 
partially reflected in the Article 126, paragraph 2,  subparagraph 5 of the Customs Code, which states 
that the foreign person can be a declarant if such  person is entitled to dispose goods on the customs 
territory of the Republic of Tajikistan (however, not in the context of the foreign trade transaction in 
which one party is the domestic person). WT/ACC/TJK/21 
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  Since the Revised Kyoto Convention takes precedent of  the Customs Code, and since the Item 3.7. of 
the General Annex of the Revised Kyoto Conventio n does not provide for any limitations, Tajikistan 
hereby confirms that any person, including fore ign persons, has the right to import goods and be 
named as the declarant for such import, regardless of its legal status and without the need to be 
commercially present and/or registered in the Republic of Tajikistan.  
Question 6 What is the rationale for requiring "activity li censes" for recuperating, processing and sale of 
scrap and waste of ferrous and non-ferrous  metals (Resolution No. 215 and No. 172 
"On Activity Licenses issued by the Ministry of  Energy and Industry")? Are there any plans to 
phase this out? 
Answer
: 
The purpose of issuing the activity license is to be able to control the processing and sale of scrap 
metal. The control is necessary to establish that the or igin of the scrap metal being treated or sold is 
not coming from illegal sources.  The activity license is  issued to all persons requesting the license - 
foreign and domestic.  As the license does not affect  trade flows in any way, Tajikistan believes that 
there are no reasons to abolish the activity license. 
A. IMPORT REGULATION 
- Tariff rate quotas, tariff exemptions Question 7 Paragraph 91: The representative of Tajikistan stated that custom duties exemptions are 
provided on goods for the construction of "objects of special importance for the social and 
economic development of Tajikistan."  Please de scribe what qualifies as an object of special 
importance for Tajikistan's social and economic development.  Does Tajikistan base its objects 
of special importance on any export criteria?  If such objects involve particular industries that are deemed important to Tajikistan, please list the industries.  Please provide examples.    
Custom duties exemptions are also allowed for manufacturing or technological equipment and 
essential components used directly in the prod uction of goods, works and services by new or 
refitted enterprises in accordance with the pr ocedures of the Government of Tajikistan.  
Are these exemptions available to all new, re fitted or renovated enterprises, or are there 
selected or priority industries?  If so, what are the criteria for such enterprises to be eligible for 
the duty exemptions? 
Answer:
 
Objects of special importance for the social and ec onomic development of Tajik istan referred to in 
Article 211 of the Tax Code and Article 345 of the Customs Code are those that have high economic 
and social significance, like power plants. Such objects are designated individually by the Government decree.  Designation of objects of spec ial importance is not based on any export criteria.  
Such objects do not involve any particular industries.  Resolution of the Government No. 369 
"On objects of special importance" of 1 August 2008 identifies 15 objects of special importance and 
specific list of goods and their quantities for which those exemptions have been used.  WT/ACC/TJK/21 
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  Customs duties exemptions allowed for manufact uring or technological equipment and essential 
components used directly in the production of  goods, works and services by new or refitted 
enterprises are granted to all new, refitted or renovate d enterprises.  The list of equipment subject to 
exemption is provided in the Government Decr ee No. 591 of 30 November 2007 (available through 
document WT/ACC/TJK/21/Add.1). 
Exemption is provided for both domestic and foreig n investors on equal terms for import into the 
Republic of Tajikistan of industrial technological e quipment and components, intended to generate or 
increase of authorized capital of the enterprise or modernization of existing production. These exemptions from VAT and customs duties are not  associated with domestic shares or export 
performance.  Exemption from VAT and customs duties of technological equipment meets the 
requirements of Article I of the GATT 1994.  Such exemption from VAT and customs duties, of 
course, are available to all goods, regardless of country  of origin, and regardless of whether they are 
used by domestic or foreign enterprises, i.e. ther e are neither selected  nor prioritized enterprises. 
Question 8 
Paragraph 93: Please elaborate on the ma nner in which the Advisory Committee for 
Participants of Foreign Economic Activities  of the Customs Authority will consult with 
interested parties on issues pertaining to chan ges on the application of tariff quotas, tariff 
exemption and other changes on customs policies.   
- How will interested parties be identified?   
- Will there be a public notice and comment period before policy changes are 
implemented?   
- Will the Tajikistan Customs Authority publish rulings that are binding on the agency as 
well as the public?  
Answer:
 
Public Advisory Council on customs at the Custom s Service was established in order to implement 
paragraph 14 of Article 467 of the Customs Code of the Republic of Tajikistan.  The Decree on the 
Social-Advisory Committee under th e Customs Service of the Gove rnment of the Republic of 
Tajikistan, issued by the Head of the Customs Service under No. 72F of 6 May 2008, is the founding documents of the Advisory Committee and prov ides the legal framework for its operation. 
The Council is a public advisory body, called on the basis of constructive cooperation between 
customs authorities and business circles of th e republic to promote the development and 
implementation of customs in the Republic of Tajikis tan in order to protect the economic interests of 
the Republic of Tajikistan, creating optimal c onditions for business activities, rationalization of 
import-export operations, attracting foreign investme nt. In accordance with the Regulations of the 
Council, its meetings are held four times a year or upon the request of the Council members if there is 
a need for the meeting. 
In accordance with the Decree (Item 21) member s of the Committee are representatives of the 
Customs Service, representatives of other execu tive state authorities and representatives of the 
business community.  Under Item 24, any business en tity who wishes to become a member of the 
Committee, must apply in writing and request the me mbership.  The application is initially reviewed 
by deputy presidents of the Committee, who submit it with their recommendation to the President of the Consultative Committee for a final decision. WT/ACC/TJK/21 
Page 6  
 
  Rules and regulations of the current legal acts in the area of customs legislation, including changes 
and additions are published regularly in the natio nal language and the language of international 
communication (Russian) in the official publications  of the Republic of Tajikistan - the newspaper 
Jumhuriyat, "Digest of Laws of the Republic of Tajikistan" "Akhbori Majlisi Oli of the Republic of 
Tajikistan."  In addition, the texts of legal acts are published in the journal Gumruk", which is the 
official publication of the Customs Service under the Government of the Republic of Tajikistan and is 
published once a month.  Also, these standards ar e posted on the official website of the Customs 
Service under the Government of the Republic of Tajikistan (www.customs.tj).  All these sources of 
information are public and accessible to all residents. 
- Fees and charges for services rendered  
Question 9 Table 7, page 29:  We remain concerned about th e customs clearance fee, which is based on the 
value of the item cleared without regard to the provisions of Article VIII of the GATT 1994.  
- Please clarify that the fee is per declaration or invoice. 
- Please confirm that US$900 is the maximum fee paid on an import declaration or 
invoice, even if the value exceeds US$1,000,000?   
- Please indicate the percentage of customs shipments (declarations) in a representative 
period with a value of less than US$1,000, 0000.   
- Are there simplified procedures at a reduced or specific fee structure for small 
shipments? 
- Approximately what percentage of the budgetar y cost of Tajikistan's customs clearance 
operations is funded by revenues from this fee in a representative period? 
- Are there any exemptions? 
We are seeking additional information that Tajiki stan's customs fee, while nominally linked to 
the value of the shipment being processed, has minimum and maximum levels that keep it 
approximately in line with the cost of the service rendered.  
Answer:
 
In accordance with Article 348 of the Customs Code  customs fees should be limited to the amount of 
approximate cost of services rendered and should no t constitute an indirect protection for domestic 
goods and levy foreign importing goods for fiscal purposes.   
For the improvement of this Article the Resoluti on No. 137 of the Government "On amendments to 
the Resolution No. 472 of 2 December 2005" was adopted as of 3 March 2011.  
Tajikistan confirms that the fee is per declaration. After the new regulation on changing the amount s of customs fees was adopted US$450 is the 
maximum fee paid on an import declaration or in voice, even if the va lue exceeds US$1,000,000.  
In 2010, the quantity of customs shipments (declar ations) having a value of less than US$1,000, 0000 
accounted for 99.24 per cent.  Although there is a simp lified procedure for small shipments there is no 
reduced or specific fee stru cture for such shipments. 
In 2010, the charged customs fees in relation to th e State budget income accounted for 0.486 per cent.  WT/ACC/TJK/21 
 Page 7 
 
 
  In accordance with paragraph 7 of the Resolution of  the Government No. 47 2 "On approval of the 
Rates of Customs Duties for the Provision of Custom s Services" of 2 December 2005  (as revised in 
Government Resolution No. 352 of 30 June 2007) cu stoms fees are not levied in the following cases: 
- Movement of goods as humanitarian aid, as well as import of goods, free of charge 
transferred to bodies of the Republic of Tajikistan; 
- Placement of cultural values under the custom s regime for temporary import or export by 
museums, archives, libraries and other public re positories of cultural values in for the purpose 
exposition by the decision of the Govern ment of the Republic of Tajikistan; 
- Placement of goods under the customs regime for temporary import or export  for 
demonstration purposes at fairs and other similar activities by the decision of the Government 
of the Republic of Tajikistan; 
- Movement of goods by individuals for personal, family, household and other non-
entrepreneurial activity needs, within the limita tions imposed by the customs legislation of the 
Republic of Tajikistan; 
- Shipment of goods by international mail, provi ded that the value of such goods within one 
week to one consignee does not exceed the value of 150  calculation indicator; 
 Movement of goods intended for the preventi on of natural disasters and other emergencies 
and elimination of their consequences; and 
- Movement of goods across the customs border of  the Republic of Tajikistan by diplomatic, 
consular and other official representatives of fo reign states, international organizations, staff 
of these offices and organizations, as well as goods  for personal and family use of certain 
categories of foreign persons. 
The amended schedule of fees according to the Resolution No. 137 of the Government 
"On Amendments to the Resolution No. 472 of  2 December 2005" from 3 March 2011 is the 
following: 
No. Type of Service Fee US$ 
1. The customs fees for customs clearan ce of goods and transport means, the 
customs cost of which amounts to: 
- up to US$5,001 - from US$5,001 up to US$10,001 
- from US$10,001 up to US$50,001 
- from US$50,001 up to US$1,000,001 - from US$1,000,001 and up  
 
10.00 20.00 
70.00 
150.00 450.00 
2. Fees for customs escort of goods in  one or more transport means in one 
column (for 10 km)  
2.00 
3. Fees for storage of goods in customs warehouses: 
- transport means, for a unit per day 
- goods, for 1 kg per day  
0.50 
0.01 
4. Customs fees for issue of a qualifi cation certificate of a customs clearance 
specialist  
50.00 
 
We confirm that Tajikistan's customs fee while nomi nally linked to the value of the shipment being 
processed, has minimum and maximum levels which keeps it approximately in line with the cost of the service rendered. WT/ACC/TJK/21 
Page 8  
 
  Question 10 
Could Tajikistan outline what further changes to  the customs fees structure are envisaged with 
the view to ensuring compliance with Article VIII of the GATT 1994? 
Answer
: 
The Resolution of the Government No. 137  "On Amendments to the Resolution No 472 of 
2 December 2005" was adopted on 3 March 2011,  which reduces the customs fees as follows: 
No. Type of Service Fee US$ 
1. The customs fees for customs clearan ce of goods and transport means, the 
customs cost of which amounts to: 
- up to US$5,001 
- from US$5,001 up to US$10,001 - from US$10,001 up to US$50,001 
- from US$50,001 up to US$1,000,001 
- from US$1,000,001 and up  
 
10.00 
20.00 70.00 
150.00 
450.00 
2. Fees for customs escort of goods in  one or more tran sport means in one 
column (for 10 km)  
2.00 
3. Fees for storage of goods in customs warehouses: 
- transport means, for a unit per day 
- goods, for 1 kg per day  
0.50 
0.01 
4. Customs fees for issue of a qualifi cation certificate of a customs clearance 
specialist  
50.00 
 
Tajikistan believes that the revised fees reflect the costs of services rendered. 
- Application of internal taxes to imports 
Question 11 
Please insert subsection labels for the discussion of  Excise, VAT, and Other taxes in this section.  
"Other Taxes" should cover the sales tax and any other indirect taxes applied as border taxes to 
imports. 
Answer:  
Tajikistan agrees to insert s ubsection headlines as suggested. 
Question 12 
Paragraph 98 states that "the tax base for excise duty on imported goods was the customs value, 
as determined by the customs authorities, plus  import duties and any border taxes payable to 
import the goods " while the tax base for domestic goods was said to be "exclusive of VAT, sales 
or excise tax." 
What sorts of "border taxes" are included in th e imported goods taxable base?  Are these VAT, 
sales or excise taxes excluded from the taxable base of domestic goods?  WT/ACC/TJK/21 
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  Answer:  
The statement in paragraph 98 is wrong and the refere nce to "other border taxes" needs to be deleted. 
Under Article 242, paragr aph 3 of the Tax Code  the tax base for excise duty on imported goods is the 
customs value, as determined by the customs authorities in accordance with the customs legislation, 
plus any other duties and charges payable for the import the goods, excluding VAT and the excise tax. Therefore, there are no any "border taxes" that would be payable for the importation of goods.  Under paragraph 2 of Article 242, the tax base fo r domestic goods is the price paid or payable, 
excluding any VAT, excise tax or retail tax. 
Question 13 Paragraph 99 states that "Decree No. 189 of 30 March 2010 had equalized the excise tax rate for 
vodka (HS 220860) and "spirits obtained by di stilling grape wine or grape marc" (HS 220820), 
including cognac."  Table 8 of document WT/ACC/SPEC/TJK/4/Rev.1, however, still reflects a difference in excise tax applied among dist illed spirits covered by HS 2207 and HS 2208.  
These sections cover distilled alcohol, and the ex cise rate should not di scriminate by type.  
Please clarify. 
Answer:
 
There was an imprecise provision in  the Decree No. 189 of 30 March 2010, which has caused this 
problem.  The Decree will be amended accordingl y and submitted for review as soon as the amended 
legislation becomes available. 
Question 14 Paragraph 102:  VAT exemptions are allowed on  imports of agricultural technology, including 
machinery equipment and spare parts, as identi fied by the Government.  Please explain the 
criteria by which the Government of Tajiki stan determines whether imported machinery, 
technology and equipment are eligible for VAT exemptions. 
VAT exemptions are also provided on imported goods for the construction of "objects of special 
importance as determined by the Government of Tajikistan."  Please describe what qualifies as 
an object of special importance, for which cons truction goods are eligible for VAT exemption. 
Does Tajikistan base its objects of special importance on any criteria that include export potential or performance, or use of local content?   If such objects involve particular industries 
deemed critical to Tajikistan, please list the industries. 
Answer:
 
The list of agricultural equipment is establis hed by the Government Decree No. 489 of 
1 October 2007 and the Government Decision No. 591 of 30 November 2007 establishes the list of 
production and technological equipment which is im ported into Tajikistan exempted from customs 
duties and VAT. The only criterion for VAT exemption is the presence of the equipment on the list.  
There are no specific criteria for the e quipment to be included in the list. 
Objects of special importance referred to in Artic le 211 of the Tax Code are designated individually 
by the Government decree.  These objects are de fined by the Government on a case by case basis and 
concern the objects which are important from strategic point of view for the economic and social development of Tajikistan (for instance hydro-elec tric power plants, construction of hotels and WT/ACC/TJK/21 
Page 10  
 
  infrastructure for tourism, etc.).  Designation of objects of special importance is not based on any 
export potential or performance, or use of local c ontent.  Such objects do not involve any particular 
industries.  
Question 15 
Paragraph 103 describes that certain products a re subject to a sales tax rather than VAT.  
Are these the only products?  Are there others?  
Answer:
 
Primary aluminium and cotton fibre are the only pr oducts subject to a sales tax rather than VAT. 
There are no other products under such a regime. 
Question 16 
According to Tajikistan's replies stated in pa ragraph 101, VAT exemptions provided for folk 
art or music instruments, newspapers and magaz ines and books, and children's clothing and 
shoes do not apply to similar imported goods.  This would constitute a violation of national 
treatment as required by Article III of the GATT 1994. Could Tajikistan clarify that it 
recognises the discriminatory nature of this provi sion? Could Tajikistan confirm its readiness to 
amend the Tax Code to ensure its consistency with the GATT? 
Answer : 
Tajikistan is aware of the inconsistence of this provision with Article III of the GATT 1994.  The Law 
on Amendments to the Tax Code No . 665 of 29 December 2010 has abolished the exemptions for folk 
art and instruments. Tajikistan will amend its Ta x Code additionally to en sure consistency with 
Article III of the GATT 1994 until the end of 2011. 
- Quantitative import restrictions, including prohibitions, quotas and licensing systems 
Question 17 
Please create in this section of the draft Wo rking Party Report document subsections on 
"Quantitative restrictions, including prohibitions  and quotas" and "Import licensing systems". 
Answer:  
Tajikistan agrees with a proposed change in the Working Party Report.  
Question 18 
Paragraph 109:  We look forward to reviewing  the amended legislation regarding import 
restrictions on alcoholic beverages.  We would a ppreciate an update on the status of the planned 
legislative amendments referred to in this par agraph.  Section D of document WT/ACC/TJK/19 
(Questionnaire on Import Licensing Procedures) discusses the operation of Tajikistan's state 
import control of ethyl alcohol.  Can Tajikist an explain why only State-owned enterprises or 
joint stock companies the controlling block of shares of which belongs to the State are eligible to 
engage in import of ethyl alcohol and to get an import licence?  WT/ACC/TJK/21 
 Page 11 
 
 
  Please clarify in the Working Party Report text  that the state-trading provisions applied to 
imports of ethyl alcohol (i.e., the basic alcohol spir it used in the production of products based on 
alcohol, such as beverages) are not applied to  imports of alcoholic beverages in general.  
Referring to document WT/ACC/TJK/19 is not sufficient for the necessary description of 
Tajikistan's import licensing requirements.  A concise but thorough description should be 
included in this section of the Report. 
Answer : 
The Law on Circulation of Ethyl Alcohol and Products Thereof and the Regulation on Licensing of 
Particular Activities will be amended to abolish im port quotas for alcohol and revise the applicable 
licensing system.  The amendments will be made  by October 2011 and subsequently provided for 
review.  Tajikistan will bring the system in comp liance with WTO rules and disciplines prior to its 
accession to the WTO.   
Currently, State-trading provisions are part of th e legislation governing import of ethyl alcohol. 
However, those provisions are not being applied in practice, as there is no single state owned 
company in Tajikistan importing ethyl alcohol.  Tajikistan will therefore abolish the mentioned 
provisions by May 2011.  Tajikistan hereby confir ms that the state-trading provisions applied to 
imports of ethyl alcohol (i.e., the basic alcohol spirit used in the production of products based on 
alcohol, such as beverages) are not applied to imports of alcoholic be verages in general.  Tajikistan 
agrees with the suggestion to include brief descrip tion of requirements in the draft Working Party 
Report. 
Question 19 
According to the legislative action plan (document WT/ACC/TJK/7/Rev.4), Tajikistan will 
amend its Law "On State Regulation of Production and Turnover of Ethyl Alcohol and Alcoholic Beverages".  Could Tajikistan expl ain the planned changes? Could Tajikistan 
confirm they will include the elimination of provisions allowing for the imposition of 
quantitative import restrictions (quotas, non-au tomatic licences) on ethyl alcohol and alcoholic 
beverages to ensure complian ce with Article XI of the GATT 1994?  In what stage of the 
legislative process are these changes?  
Answer
: 
The amendments to the Law are currently in a draf ting stage.  The adoption of the amendments is 
planned for the second half of 2011. Tajikistan in tends to abolish the quota system and the non-
automatic licenses in its amended legislation. Am endments will be submitte d for review as soon as 
they become available.  
Question 20 
Document WT/ACC/TJK/17, Question 50:  In  accordance with the Law "On Providing-
Sanitary-Epidemiological Safety of Population" , Tajikistan requires that certain products 
obtain a sanitary-epidemiological certificate when they are to be imported for the first time.  
Are similar domestic products subj ected to the same regulations? WT/ACC/TJK/21 
Page 12  
 
  Answer
: 
Yes, similar domestic products are subject to iden tical regime.  Under Article 14 of the Law on 
Providing-Sanitary-Epidemiological Safety of Population, import, trade and the use of products, both domestically produced and imported is allowed only wh en the sanitary-epidemiological certificate is 
obtained. 
Question 21 Question 51:  Could Tajikistan explain in mo re detail the regime which applies to domestic 
products in the category of radio-electro nic facilities and high-frequency devices? 
Answer
: 
Tajikistan does not manufacture goods that fall under the category of radio-electronic facilities and 
high-frequency devices.  All such products available in Tajikistan are imported.  Therefore, there is no 
specific regime applicable to domestic products in  the category of radio-electronic facilities and high-
frequency devices.  
- Customs valuation  
Question 22 
Draft Report, Paragraph 125:  Could Tajikistan please provide an updated status regarding the 
amendments mentioned in paragraph 125?  When  does Tajikistan anticipate that these 
amendments will be finalized?  
Answer:  
The amendments will be finalized in the first half of 2011 and will be presented for review as soon as 
they become available.  
As regards the definition of the term "price actually paid or payable, after the amendments it will be 
defined as follows:  
"The price actually paid or payable is the total payment made or to be made by the buyer to or 
for the benefit of the seller for the imported goods.  The payment need not necessarily take 
the form of a transfer of money.  Payment may be made by way of letters of credit or 
negotiable instruments.  Payment may be made directly or indirectly". 
Work is also underway to amend the Customs Code, to include, inter alia , the provisions of the 
Decision of 26 April 1984 of the Agreement on the e xpenditure on payment of the customs value of 
imported goods (VAL/6/Rev.1) and section 2 of the Decision of 24 September 1984 Valuation of the 
media bearing software for data-processing equipment (VAL/8). 
Question 23 
In regards to Tajikistan's Customs Valuation Questionnaire, Question 1(a)(i):  The answer to 
this question should refer to paragraphs 5 to 8 of Article 355, of the Customs Code, rather than paragraphs 5 to 7 of Article 355, of the Customs Code.  WT/ACC/TJK/21 
 Page 13 
 
 
  Answer : 
Tajikistan agrees with the comment. 
Question 24 
Question 1(a)(iii):  Article 355(7) of the Cust oms Code provides that "[w]hen the Customs 
Authority has grounds to believe that the relations hip of the transaction participants does affect 
the price of the goods, then the declarant shall be given a recommendation (in writing, if so 
requested by the declarant) to submit additional evidence of the fact that the relationship of the transaction participants does not affect the pr ice of the goods."  How much time does the 
Customs Authority provide the importer to respond?  
Answer
: 
In accordance with paragraph 1 of Article 129 of the Customs Code, customs declaration for goods 
imported into the customs territory of the Republic of  Tajikistan, shall be file d not later than 15 days 
from the date of presentation of goods to customs authorities in the place of their arrival in the 
customs territory of Tajikistan.  If 15 days are not  sufficient for declarant to gather the necessary 
documents and information, upon motivated request of  the declarant customs au thority on the basis of 
paragraph 2 of Article 129 of the Customs Code of the Republic of Tajikistan extends deadline for 
submission of customs declaration, but no more th an to a period of temporary storage of goods 
(i.e. for a period of two months). 
Question 25 
Question 1(a)(iv):  The answer to this question sh ould refer to paragraphs 8 and 9 of Article 355 
of the Customs Code, rather than paragraphs 7 and 8 of Article 355 of the Customs Code.  
Answer : 
Tajikistan agrees with the comment. 
Question 26 
Question 3:  In order to fully comply with Arti cle 5.2 of the Valuation Agreement, Article 358(6) 
of the Customs Code should specify that the prov ision applies if there are no sales of imported 
goods nor identical nor similar goods in "the country of importation."  Article 358(6) should 
state that in that case, the customs value must be  based on "the unit price at which the imported 
goods, after further processing, are sold in the greatest aggregate quantity to persons in the 
country of importation who are not related to th e persons from whom they buy such goods, due 
allowance being made for the value added by su ch processing and the deductions provided for 
in paragraph 2 to 4 of this Article." 
Answer : 
In Tajikistan's view, Article 358 covers fully th e meaning of the Article 5 of the CVA including 
Article 5.2: 
- Article 358(6) specifies the provisions when there are no sales of  imported goods nor 
identical nor similar goods; and WT/ACC/TJK/21 
Page 14  
 
  - Article 358(6) has to be read in conjunction w ith Article 358 (2) which explicitly states that 
the basis for defining the customs value of go ods is the unit price at which the imported 
goods, after further processing, are sold in the greatest aggregate quantity to persons who are 
not related to the persons from whom they buy such goods. 
Question 27 
Question 4:  Article 359 of the Customs Code implements Article 6.1 of the Valuation 
Agreement.  Please provide us with the legislation that implements Article 6.2 of the Valuation Agreement. 
Answer
: 
The customs legislation of Tajikistan does not have  provisions that implement Article 6.2 of the 
Valuation Agreement. Tajikistan is currently workin g on this issue to ensure full compliance with the 
CVA.  
Question 28 
Question 5(a):  It appears that Article 360(1)(1 ) of the Customs Code would permit recourse 
under the fall-back method to reference pricing.   Please see the WTO guidelines on reference 
pricing.  Article 360 of the Customs Code should implement Article 7 of the WTO Agreement 
and relevant Interpretative Notes. 
Answer : 
Tajikistan believes that the confusion is caused by the wrong translation of the Customs Code.  
The sentence in the Article 360(1)(1) of the Cu stoms Code should read: "Sources of information 
determined by the Government of the Republic of  Tajikistan" instead "informational reference books 
determined by the Government of the Republic of Tajikistan".  As exceptions under Article 360(4) of 
the Customs Code explicitly prove, the customs va lue of goods under the fall-back method cannot be 
defined on the basis of reference prices. 
Question 29 
Question 7:  Article 371 of the Customs Code indi cates that the conversion rate to be used is 
that in effect on "the day of registration of th e declaration by the Customs Authority."  Is "the 
day of registration of the declaration by the Customs Authority" equivalent to the time of importation? 
Answer
: 
Not necessarily.  Depending on the chosen customs procedure "the time of importation" may be later 
than "the date of the registration of the declaration" .  Nevertheless, the applic able exchange rate will 
be that effective on the day of registration. 
Question 30 
Question 8:  Article 9(2) of the Customs Code in dicates that confidential information may not be 
disclosed except in cases "established by this Code and other normative legal acts of the 
Republic of Tajikistan."  Please clarify the ci rcumstances under which confidential information 
may be disclosed.  WT/ACC/TJK/21 
 Page 15 
 
 
  Answer : 
The Law on Information No. 55 of 10 May 2002 regulates the matter of secret and confidential 
information.  This Law does not provide any specific rules for the confidentiality of information in the 
customs procedure.  It can be assumed, however, th at the confidential information may be disclosed 
upon the decision of the court or upon the request by the court or investigative authorities in 
connection with the criminal proceedings and/or investigations. 
Question 31 
Please clarify the circumstances under which the cu stoms authorities may disclose confidential 
information to central executive bodies.  
Answer : 
All circumstances under which the customs authoriti es may disclose confidential information and the 
circumstances under which the execu tive bodies may disclose confidential information to third parties 
are listed in the Article 9(2) of the Customs C ode.  The confidential information might also be 
revealed in the context of judicial proceedings. 
The Article 9(2) of the Customs Code reads as follows: 
"Customs authorities and customs officials, other persons who have access to information 
specified in Paragraph 1 of this Article by vi rtue of law or a contract, have no right to 
disclose, use for personal purposes or transfer to the third parties, including government 
agencies, information which constitutes the nati onal, commercial, banking, tax or other secret 
protected by law as well as other confidential info rmation, except for cases established by this 
Code and other normative legal acts of the Republic of Tajikistan. 
Customs authorities shall give the central ex ecutive bodies information provided to them, if 
such information is required by the said bodies fo r the execution of tasks set forth for them by 
the legislation of the Republic of Tajikistan,  in the procedure agreed upon by both the 
authorized body on customs affairs and the relevant central executive body, meeting the 
requirements of legislation of the Republic of  Tajikistan for protection of the national, 
commercial, banking, tax or other secret prot ected by law as well as other confidential 
information. Executive bodies, their officials and other pers ons who by virtue of law have access to the 
information received from the customs authorities, have no right to disclose, distribute, use for personal purposes or transfer the said  informa tion to the third parties, except for the  cases 
established by legislation of the Republic of Tajikistan." 
Question 32 Please clarify the circumstances under which th e executive bodies may disclose confidential 
information to third parties. 
Please note that according to the Valuation Ag reement, confidential information may not be 
disclosed "without the specific permission of the person or government providing such 
information, except to the extent that it may be re quired to be disclosed in the context of judicial 
proceedings."   WT/ACC/TJK/21 
Page 16  
 
  Answer
: 
All circumstances under which the customs authoriti es may disclose confidential information and the 
circumstances under which the execu tive bodies may disclose confidential information to third parties 
are listed in the Article 9(2) of the Customs C ode.  The confidential information might also be 
revealed in the context of judicial proceedings.  
Question 33 Question 9(a):  Article 45 of the Customs Code  provides for the right to appeal against a 
customs decision.  Is the appeal without penalty as required by the Valuation Agreement Article 11(1)? 
Does the importer have the right in the final inst ance to appeal to the judiciary?  Is this right 
without penalty? 
Answer
: 
The right to appeal without penalty when de termining the customs duty (Customs Valuation 
Agreement Article 11(1)) is guaranteed by the prov isions of the Article 364(1)(4) of the Customs 
Code, which specifically deals with rights of appeal in regard to a determination of customs value. 
Decisions, actions (inaction) of customs authorities or  their officials may be appealed to the customs 
authorities, prosecutors, and (or) in court.  Filing a complaint against a decision, action (inaction) of 
customs authority or its officer to the custom s authorities do not preclude the simultaneous or 
subsequent filing complaints with the same conten t to the prosecutor or the court, since such a 
procedure of appeal is provided for in Article 46 of the Customs Code of the Republic of Tajikistan, 
and it sets alternative option to appeal.  The current  legislation of the Republic of Tajikistan does not 
provide for the payment of any penalty in case of a ppeal against decisions, actions (or inaction) of 
customs authorities or their officials, regardless of  appeal to the appellate  body (higher instance of 
customs authority, prosecutor, court).  No penalty is charged for appeals.  
Question 34 
Question 9(b):  Please provide the legislation that  provides for how an importer is informed of 
his right to further appeal. 
Answer : 
Under Article 45 of the Customs Code any natu ral or legal person has the right to appeal 
administrative act and action or lack of action of th e customs authority or its official.  In addition, 
under Article 56 of the Customs Code any appeal decision can be further appealed to the higher 
instance administrative authority or to the court. 
Additionally, the Article 364(4) of the Customs C ode (rights and obligations of declarant during the 
assessment of customs value), applies directly to ri ght of appeal when defining the customs value of 
goods. 
The Law on Administrative Proceedings regulates th e matter of appeal against any administrative 
decision, act, action or lack of action of any administrative authority or its official, including the 
Customs Service and its officials.  WT/ACC/TJK/21 
 Page 17 
 
 
  Under Article 14 of the Law on Administrative Procee dings if the administrative authority denies the 
request by the applicant, in its decision it must indicate the authority to which the appeal can be 
lodged, its address and the time limit for lodging an appeal. 
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 may be lodged if  the person is of the opinion that 
by such act, action or lack of action his/her rights, freedoms 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 thro ugh the first instance authority or directly to the 
second instance authority.  An appeal may be lodge d within one month from the date the when the 
party to the proceedings became aware of the viola tion of rights, or from the date when the time limit 
for the administrative authority to act has expi red, or from the date when the decision was 
communicated to the party, depending on the circ umstances of the case.  In the case of the 
administrative penalty, an appeal may be lodged with in ten calendar days.  Within five calendar days 
of the filing date of an appeal, the first instance authority must convey all the case files to the second 
instance authority.  
The second instance authority must decide the case  within one month from the filing date of an 
appeal.  Where there is no need for additional anal ysis and verification the case must be decided not 
later than 15 calendar days from the filing date of an appeal. The second instance decision can be 
subject to the court review.   
All administrative decisions may be also appealed to court or to the prosecutor's office.  The party to 
the administrative proceedings has a right request th e court review and/or an action of the prosecutor 
at any time – before, simultaneously or after 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 hoose to request the court review and/or an action 
of the prosecutor without the need to initially l odge an appeal to the administrative authority. 
There are no specialized administrative courts in Ta jikistan.  The court review is provided by the 
commercial court, if the party to proceedings is a le gal person or by the court of general jurisdiction, 
if the party is a natural person. Court decisions in administrative matters can also be appealed to the 
higher instance court. 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 WT/ACC/TJK/21 
Page 18  
 
  taken by the prosecutor do not preclude the right of a party to the administrative proceedings to 
request the court review. 
Question 35 
Question 11(a):  Article 385 of the Customs Code indicates a number of methods for providing 
security for the payment of import duties and ch arges.  Would these methods provide for surety 
or a form of bonding system enabling release of  merchandise without the fulfilment of estimated 
duties? 
Answer
: 
Paragraph 1 of Article 36 6 of the Customs Code provides for th e conditional release of goods in case 
that the customs value cannot be determined due to the lack of documents and/or information, if the 
payment of import duties is secured.  In additio n, under paragraph 1, item 2 of Article 382, 
conditional release of goods is listed as a situation wher e the surety may be used as an instrument of 
securing the payment of import duties. 
Question 36 
Question 13:  Tajikistan states that the In terpretative Notes of the Customs Valuation 
Agreement in their entirety have not been incl uded in the current Customs Code.  However, the 
work is underway to prepare amendments to th e Customs Code that would include all the 
Interpretative Notes.  Have the amendments b een drafted?  If so, may we obtain a copy? 
Answer : 
The amendments to the Customs Code are being fina lized in order to be presented to the Government 
for approval and subsequently to the Parliament for passage.  As soon as the amendments are final 
and available in English they will be pr esented to the Working Party for Review.  
After the adoption of these amendments, all requi rements on Interpretative Note (Annex I of the 
Agreement) on customs valuation of goods will be included. After Tajikistan's accession to the WTO 
GATT with its annexes will be an integral part of the legislation of the Republic of Tajikistan. 
Question 37 
With the technical assistance of the EU "Reform and modernization of the Customs 
Department of Republic of Tajikistan" project, in collaboration with USAID, a draft of the 
amendments of the Customs code of the Republic  Tajikistan has been elaborated in July 2008 
aligning it with WTO rules, including as regards customs valuation.  When does Tajikistan plan to adopt these amendments?  
Answer
: 
Draft amendments to the Customs Code, which will include those related to customs valuation, is 
currently being reviewed by relevant ministries an d agencies; following the review the draft will be 
submitted to the Government for approval.  Tajik istan expects the adoption of the amendments by 
May 2011.   WT/ACC/TJK/21 
 Page 19 
 
 
  Question 38 
The definition of the "price actually paid or payable" as provided in Ar ticle 1 of the Customs 
Valuation Agreement is not included in the current Customs Code yet.  Could Tajikistan update 
on the status of the amendments to the Customs Code which will introduce the appropriate definition?  When does it expect to be able to submit them to the Working Party? 
Answer
: 
Amendments to the Customs Code, which include defi nition of "price actually paid or payable" in full 
compliance with the definition provided in Article 1 of the Customs Valuation Agreement have been 
prepared.  The passage of the amendments by the Parl iament is planned for the first half of 2011.   
The definition of the "price actually paid or payable" will be as follows: 
"The price actually paid or payable is the total paym ent made or to be made by the buyer to or for the 
benefit of the seller for the imported goods.  The payment need not necessarily take the form of a transfer of money.  Payment may be made by way of letters of credit or negotiable instruments.  
Payment may be made directly or indirectly".   
Question 39 
In regards to Article 353 of the Customs Code of Tajikistan:  Please explain why there is a 
provision for valuing exported goods.  
Answer:
 
Provisions for valuation of exporte d goods serve to facilitate the work of customs authorities to 
provide for accurate determinati on of customs value as the Tax legislation of Tajikistan (paragraph 2 
of Article 166) prescribes: "when exporting the goods, exemption from payment, return, 
reimbursement of domestic taxes is carried out ".  Another purpose is the collection of statistical data 
related to the balance of payments.   
- Rules of origin  
Question 40 
In the case that the customs authorities cannot determine the origin of goods presented for 
importation, is the "default" approach to assess twi ce the MFN rate of duty?  If so, will this be 
the same "default" after Tajikistan has a MFN relationship with more than 153 other countries, i.e., when very few non-MFN trading partners still remain? 
Answer:
 
The current Customs Code and the Regulation No . 450 of 25 October 2003, which regulates import 
duty rates do not provide for any circumstances that would invoke application of "twice the MFN rate 
of duty".  Consequently, there is no "default" approach  to that effect.  There will not be one after the 
accession to the WTO, either.   WT/ACC/TJK/21 
Page 20  
 
  Question 41 
In regards to Article 42  of the Customs Code of Tajikistan:  Is there a period of time within 
which the Customs Authority must issue assessments of origin?   
Answer:
 
The Customs Code grants the right for exporters , importers and other pe rsons qualified as having 
sufficient grounds, to require a preliminary determina tion of origin of goods and their classification. 
In accordance with Article 42 of the Customs Code, the request for making a preliminary decision is 
examined within the period prescribed by the La w of the Republic of Tajikistan "On Appeals of 
Citizens", where in Article 12 it is stated that:  A ppeals of citizens are considered within one month 
from the date of receipt, Appeals of citizens not requiring further study and check-up are considered 
no later than 15 days from the filing date.  In cases where for the resolution of application or 
complaint it is necessary to conduc t a special inspection, reclama tion of additional materials or 
adoption of other measures, the time limit for the resolution of application and complaints may be 
exceptionally extended by the head or deputy head of  the appropriate body, enterprise, institution or 
organization, but for no more than one month by notifying about this to the person who filed the 
application or complaint.  The total time for cons ideration of appeal may not exceed two months.  
Question 42 
In regards to Article 44 of the Customs Code of Tajikistan:  Are the decisions on annulment, 
change or revocation of preliminary decisions p ublicly available?  If so, please indicate how 
confidential information is treated. 
Please clarify when the decisions on annulment and change of preliminary decisions are 
effective. 
Answer:  
Preliminary decision can not contain confidential info rmation and is published in  the web site of the 
Customs Services. 
Under paragraph 2 of Article 44 a decision on annulment  of the preliminary decision is effective as of 
the date of issuing of the preliminary decision.  
Under paragraph 3 of Article 44, a decision on change  of the preliminary decision is effective within 
the time limit established by the decision itself; how ever not before three months elapse from the day 
of issuing of the decision on change of the preliminary decision.  
- Preshipment Inspection  
Question 43 
Paragraph 133:  The Elements Report currently states that the Law on Foreign Economic 
Activity contains a provision that would allow Ta jikistan to introduce a pre-shipment inspection 
regime in the future.  Can Tajikistan confirm if it  has plans to implement such a regime?  If so, 
please explain why such a regime is now necessary and provide an indication of how long such a 
regime would be in place.  WT/ACC/TJK/21 
 Page 21 
 
 
  Answer:  
The procedure for compulsory pre-shipment inspec tion in Tajikistan has not yet been applied.  
Tajikistan confirms that, if pre-shipment inspection requirements were to be introduced in the future, 
these requirements would be temporary, and will co mply with the WTO Agreement on PSI and other 
WTO agreements. 
Tajikistan is not interested in pre-shipment inspect ion, however, if administered in the future the 
enterprises for pre-shipment inspection, acting on beha lf of the RT will comply with the provisions of 
the WTO Agreement, including the Agreement on Import Licensing Procedures, Customs Valuation, 
Technical Barriers to Trade, Agreement on San itary and Phytosanitary Measures, Agreement on 
Agriculture, as well as rules concerning th e origin of goods and the GATT 1994.   
Tajikistan will determine by legislation that the fees and charges of pre-shipment companies will 
comply with Article VIII of the GATT 1994, as well as  the fact that  in requirements and procedures 
of such facilities transparency and confidentia lity will be maintained in accordance with the 
requirements of the WTO Agreement, including Ar ticle X of the GATT 1994.  Decisions taken by 
such firms may be in the same way and under the same procedures challenged by importers, as well as 
administrative decisions taken by the Republic of Tajikistan. 
- Anti-dumping, countervailing duties, safeguard regimes  
Question 44 Paragraphs 135-139:  The representative of Tajiki stan stated that a new law on trade remedies 
is being drafted and will be submitted to the Wo rking Party when completed.  Please provide an 
update on the progress of the draft law and ro ughly when the draft is scheduled to be 
completed. 
Answer:
 
The draft of the new Law on Foreign Trade, which will include provisions on trade remedies, will be 
finalized in the second half of 2011.  It will be presented for review as soon as it becomes available. 
B. EXPORT REGULATIONS 
Question 45 Document WT/ACC/TJK/17, Question 67:  Could Ta jikistan clarify whether the export licences 
required for ferrous and non-ferrous scrap are automatic or non-auto matic? If they are 
non-automatic, how does Tajikistan explain the co nsistency of this measure with Article XI of 
the GATT 1994? 
Answer
: 
The export licences required for ferrous and non-fe rrous scrap are non-automatic.  Tajikistan will 
consider repealing of the decree of the preside nt which introduces export licences for ferrous and 
non-ferrous scrap.  WT/ACC/TJK/21 
Page 22  
 
  - Export restrictions  
Question 46 Document WT/ACC/SPEC/TJK/4/Rev.1, paragr aph 151:  Approximately what portion of 
Tajikistan's exports are accounted for by the commodities listed in Table 11? 
Answer:
 
The total value of foreign trade in Tajikista n in 2010 (exports and imports) amounted to 
US$3,853.1 million.  The value exports from Tajikistan amounted to US$1,195.3 million, 
i.e. 31 per cent of the total value of trade. 
The detailed information on exports of goods listed in Table 11 of the Elements of a Working Party 
Report (WT/ACC/SPEC/TJK/4/Rev.1) in 20 10 is provided in Table 1 below:  
Table 1:  Value of Exports of Goods List ed in Table 11 (WT/ACC/SPEC/TJK/4/Rev.1)  
Tariff 
Nomenclature Goods Description Value in Mln 
US$  % 
 Total exports from Tajikistan 1,195.3  
1404 Materials of phytogenous origin (lint)  0.005 0.0004 
24 Tobacco and industrial tobacco substitutes 0.08 0.01 
26 Ores and ashes 23.8 2.0 
2801 Fluorine, chlorine, bromine, iodine 0.0001 - 
2805 Rare-earth metals 0.03 0.002 
2815 Sodium Hydrate, etc. 0.001 0.0001 
30 Pharmaceutical pr oduction 0.3 0.02 
3602, 3603 Explosives 1.1 0.1 
4101, 4102, 4103 Raw hides and skins 3.6 0.3 
50 Silk 12.8 1.1 
51 Fleece, fine and co arse wool 0.2 0.02 
52 Cotton 201.0 16.8 
71 Natural and cultivated pearls, precious and semiprecious 
stones, precious metals, clad metals and different goods 
from them 33.4 2.3 
72-73 Ferrous metals and products thereof 4.5 0.4 
7404 Copper waste - - 
7503 Nickel waste - - 
76 Aluminium products 12.0 1.0 
7802 Lead waste - - 
8544 Isolated wires, cables and ot her isolated electric wires with 
connecting parts or without them 0.1 0.01 
Total  293 24.2 
 
Question 47 Paragraph 154 states that it is no longer mandato ry to use the Commodity  Exchange to auction 
certain goods for export.  Is it still required to register export contracts made outside the 
supervision and participation of the exchange?  WT/ACC/TJK/21 
 Page 23 
 
 
  Answer:  
The requirement to register export contracts made outside the supervision and participation of the 
exchange has been abolished by the Government Decree No. 126 of 5 March 2008. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies 
Question 48 
Paragraph 159:  The representative of Tajikistan  noted that any VAT refunds on goods would 
not exceed the amount actually paid at the time of  importation.  Does Tajikistan have a system 
in place to ensure the amount of VAT refunds  do not exceed the amount initially paid?  
Please refer to the appropriate legisl ation establishing such a system.  
Answer:  
Currently, Tajikistan does not carry out any export fi nancing, export subsidies or measures to assist 
exports.  Any export financing or the use of measures to assist the export if applied in the future will 
comply with  the commitments of Tajikistan to th e WTO, in particular Annex 1 (paragraphs (g) and 
(h)) of the Agreement on Subsid ies and Countervailing Measures. 
There is the system in place to  ensure that the amount of VAT refunds do not exceed the amount 
initially paid.  
Under Article 215 of the Tax Code, any tax payer has the right to submit the documents confirming 
the exportation of goods to the Tax Office and request the refund of VAT previously paid.  
The request should be filed not later than 180 days from the day of export. The refund of VAT will be 
granted based on the supporting documents (sales cont ract/invoice, export declaration, bill of lading 
with the Customs remark confirming the export of goods, bank statement). The amount of refund is 
equal to the amount of VAT initially paid. 
Question 49 
Paragraph 166:  Tajikistan said that a draft s ubsidies notification would be submitted in due 
course.  When does Tajikistan plan to draft this  notification?  Could Tajikistan please confirm 
it will include in its notification the subsidi es it provides for the coal, mining and chemical 
industries, including VAT rebates, tariff rebates and customs duty exemptions?  
Answer:  
Tajikistan hereby confirms that it will include in its  notification the subsidies it provides for the coal, 
mining and chemical industries, including VAT rebates,  tariff rebates and customs duty exemptions, if 
any at the time submission.  The notification will be made in April 2011. WT/ACC/TJK/21 
Page 24  
 
  - Technical barriers to trade, standards and certification 
Question 50 
Paragraph 171:  Tajikistan states that it has de veloped a website to disseminate information and 
publish notices of proposed standards, certific ation requirements and conformity assessment 
procedures.  The URL provided (www.stadart.tj) do es not seem to work.  Can Tajikistan please 
provide a working link?  
Answer:
 
The web address provided was misspelled, and Tajikis tan would like to apologize for this.  The URL 
should be the following: www.standard.tj (with 'd' instead of 't').  Tajikistan apologizes for any 
inconvenience. 
Question 51 
Paragraph 178:  Tajikistan states that ne w draft Law "On Standardization" was being 
developed that would include a specific provision  to make all existing standards voluntary. 
We do not see this listed on the Legislative Action  Plan.  Can Tajikistan please provide us with a 
copy of this draft law? 
Answer:  
The new Law on Standardization has been passed by  the Parliament (No. 668 of 29 December 2010) 
and came into effect. The translation of  the Law is available through document 
WT/ACC/TJK/21/Add.1. 
With the entrance into force of the new Law on Technical Regulations on 1 January 2010 standards 
become voluntary. However, in practice many of th em were transformed into technical regulations, 
which are compulsory, with the result that t housands of goods still require certification. 
Question 52 
With the entrance into force of the new Law on Technical Regulations on 1 January 2010 
standards become voluntary. However, in pr actice many of them were transformed into 
technical regulations, which are compulsory, wi th the result that thousands of goods still 
require certification.   
Paragraph 172:  Could Tajikistan clarify whet her the List of Goods Subject to Mandatory 
Certification in Table 12 based on the Resolution No. 486 "On the List of Products 
(Works, Services) Subject to the Mandatory Certif ication" of 1 October 2008 reflect the current 
situation?  What is the justification for cont inuing to require certification for such a broad 
range of products?  
Answer : 
Resolution No. 486 "On the List of Products (Works, Services) Subject to the Mandatory 
Certification" of 1 October 2008 has been amende d by the Resolution No. 450 of 2 September 2010 
and the range of products subject to mandatory certif ication has been reduced.  For details please see 
Annex 1.   WT/ACC/TJK/21 
 Page 25 
 
 
  Question 53 
Could Tajikistan outline its plans to further re duce the range of products subject to mandatory 
certification? 
Answer : 
Tajikistan plans to further reduce the range of products subject to mandatory certification in 
accordance with the newly adopted legislation that  regulates the matter of technical regulations, 
standards and conformity assessment. 
In accordance with the Government Regulation No. 54 of 12 February 2010, the system of technical 
regulations, standards, conformity assessmen t and metrology is to be reformed.  
During the first stage (2010-2012), the relevant le gislation has to be amended.  The new Law on 
Technical Regulation is in effect since 1 January 2010; new Law on Standardization has been adopted 
on 29 December 2010; new Law on Conformity Assessment  is in its final stage of preparation and 
will be adopted by mid-2011. 
During the second stage the reform of the institutions will take place in order to avoid any conflict of 
interests that exists now. The functions of accred itation, conformity assessme nt and developing of 
technical regulations and standards will di vided and entrusted to separate entities.  
In addition, Article 24 of the Law on Technical Regulating (No. 522 of 19 May 2009), which came 
into effect on 1 January 2010, provides for a trans itory regime during which all the current legal 
documents containing mandatory requirements (sta ndards, sanitary regulatio ns, building regulations, 
etc.) will be either converted to t echnical regulations or abolished. 
In accordance with Article 24: 
- Current legal documents issued by the executiv e bodies of state authority of the Republic of 
Tajikistan (standards, sanitary re gulations, building regulations, etc.), containing mandatory 
requirements for products, their development pr ocess, production, operation (use), keeping, 
transportation, marketing and utilization, perfo rmance of works and rendering of services,  
effective at the date the Law comes into effect, will continue to be mandatory only in the part 
that corresponds to the goals, described in Article 5 of the Law. These legal technical 
documents, which acquire status of temporary t echnical regulations as of the date this Law 
takes effect, shall remain in legal force until a doption of the appropriate technical regulations; 
- The authorized state body will prepare and  the Government will approve by the of the list of 
legal documents i.e. temporary technical regula tions, which comply with the goals specified 
in Article 5 of this Law;  
- Appropriate technical regulations that would replace all current compulsory legal documents 
(temporary technical regulations) will be adopted within 7 years from the date the Law came 
into effect; and 
- At the end of the seven-year period all tempor ary technical regulations, any other legal acts 
containing mandatory requirements and their s ubsequent modifications shall cease to be 
effective.  WT/ACC/TJK/21 
Page 26  
 
  Question 54 
How will Tajikistan ensure that the procedure for obtaining the certificates does not in itself act 
as a barrier to the trade?  Are there plans in pl ace to simplify and streamline this procedure?  
Answer
: 
Yes, there are plans to reform the system of qua lity infrastructure and consequently to simplify and 
streamline this procedure.  A new law on Conf ormity Assessment, which will include all WTO 
relevant provisions with regard to obtaini ng certificates will be a dopted by June 2011. 
- Sanitary and phytosanitary measures 
Question 55 
Paragraph 185:  Regarding plant quarantine in spection measures, what standards are utilized 
by Tajikistan to regulate pesticide residues in imported food?  Typically, residues in imported 
food are subject to Maximum Residue Limits, kno wn as MRLs or tolerances, for chemical – 
commodity combinations, as determined by ri sk assessments.  Codex Alimentarius also 
maintains a list of internationally recognized pe sticide MRLs.  How does Tajikistan anticipate 
regulating pesticide MRLs in imported food?  
Answer:  
There are no specific standards prescribed to regulate pesticide residues in imported food.  However, 
Tajikistan became the full-fledged member of Codex Alimentarius in February  2009.  Consequently, 
from the time of accession Tajikistan started to introd uce Codex Alimentarius standards in its system. 
Tajikistan will continue to implement those rul es, based on the risk assessment and the list of 
internationally recognized pesticide MRLs.  
Question 56 
Paragraph 186:  Can Tajikistan verify that forest ry issues (lumber, logs, wood chips and plants 
of a forestry nature) are administrated by the "Agency on Protection of Environment and 
Forestry" and not by the "National Quarantine Service"?   
- What is the relationship between these two agencies? 
- Does one agency have the lead on imports a nd international issues? Please elaborate on 
these two agencies' functions, their authoriti es, and their areas of coverage or concern. 
- Are any  agencies responsible for phytosani tary matters? If so, what areas do they 
cover? 
Answer:  
The Committee for Protection of the Environment is  responsible for protection and rational use of 
natural resources, including plants of forestry nature , while they are part of the natural environment 
("alive").  Phytosanitary and the Quarantine Serv ice, on the other hand, is responsible for the 
quarantine control and laboratory analysis of imported and exported plants and goods of plant origin, 
including lumber, logs and wood chips. Both agen cies are related to natural resources: the Committee 
for Protection of the Environment participates in  implementation of the single policy related to 
protection of the environment and forestry, wherea s the Phytosanitary and the Quarantine Service is 
the executive authority, which provides the st ate phytosanitary and quarantine control.   WT/ACC/TJK/21 
 Page 27 
 
 
  Phytosanitary and the Quarantine Se rvice is the lead agency respons ible for the control of imported 
and exported goods of plant origin and any other matte r related to international trade in such goods.  
There are no other agencies that would be responsible for phytosanitary matters. 
Question 57 
Paragraph 187:  Please provide copies of the le gislation and amendments mentioned in this 
paragraph.   
Answer:  
The translations of the following legislation ar e available through document WT/ACC/TJK/21/Add.1: 
- The Law on Quality of Food Products; 
- The Law on Plant Quarantine; 
- The Law on Providing Sanitary-Epidemiological Safety of the Population; and 
- The Veterinary Law. 
Question 58 
In document WT/ACC/TJK/17, Question 85, Tajikistan stated that "Manufacturing date, 
packaging date and the shelf-life date" must be included on the label.  Can Tajikistan provide 
us with a copy of the Law on Quality and Safety of Food Products, No. 54 of May 2002.  
Also, can Tajikistan please explain why both ma nufacturing date and packing date must be 
specified? 
Answer : 
The translation of the Law on Quality and Safety  of Food Products No. 54 of 10 May 2002 is 
available through document WT/ACC/TJK/21/Add.1. The only purpose for the requirement to include 
both manufacturing date and packing date on the labe l is to provide the fullest possible information 
for the consumer. 
Question 59 
In document WT/ACC/TJK/17, Question 86, Tajiki stan states that "the Law does not provide 
for any specific mandatory requi rements for food quality, such  as… weed seed."  Will an 
inspector make the determination on how much w eed seed will cause a shipment of grain to be 
rejected?  Or is there some published or unpubl ished standard that is referenced during an 
inspection?  
Answer : 
There is no rule or requirement related to the weed seed.  Determination on how much weed seed will 
cause a shipment of grain to be reject ed is made based on IPPC standards. 
Question 60 In document WT/ACC/TJK/17, Question 91, does Ta jikistan plan to align import policies for 
plants and plant products with the recommendations set forth by the IPPC? WT/ACC/TJK/21 
Page 28  
 
  Answer
: 
Tajikistan has become a member of the IPPC  on 24 April 2010 and is implementing all its 
recommendations. 
Question 61 
In document WT/ACC/TJK/17, Question 93, does the State Veterinary Service have a 
documented methodology for conducting a pest risk  analysis (PRA) and is it available to the 
public?  Are completed PRA's published and available to the public? 
Answer : 
The State Veterinary Service does not have a documented methodology for conducting a pest risk 
analysis (PRA) that would be available to the pub lic.  Completed PRA's are not published and are not 
available to the public. 
Question 62 
In document WT/ACC/TJK/17, we thank Tajikist an for providing a list of plant quarantine 
pests/diseases in its answer to Question 101.  Is the enclosed pest list a complete list of all 
quarantine pests, or an abridged list?  Is the list published somewhere or otherwise available to 
the public? 
Answer:  
This is the list of most common pests/deceases in the Central Asia. Any changes to the list will be 
available on the website of the State Ph ytosanitary and Plant Quarantine Service 
www.fitosanitariya.tj/ru.  In the meantime, the complete  lists are available to any interested party at 
any border crossing.  
Question 63 In document WT/ACC/TJK/17, Question 96, regarding  avian influenza, Tajikistan states that as 
an OIE member, Tajikistan follows OIE gu idance.  OIE provides recommendations for 
importation from countries on the basis of the status of a country, zone or compartment.  
Does Tajikistan limit prohibitions on the basis of a zone or a compartment? 
Answer:
 
Tajikistan also follows OIE recommendations for im portation from countries on the basis of the status 
of a country, zone or compartment. In addition, un der Article 6 of the new Veterinary Law No. 674 of 
29 December 2010 when assessing hazards to life a nd health of animals and humans and in the 
process of developing and adopting sanitary and phytosanitary measures the competent authority must take into account inter alia  the level of prevalence of specific diseases, the existence of decease-free 
areas and areas of low disease prevalence. Therefor e, any sanitary measure,  including prohibitions, is 
not based on the status of the country only, but also on the status of specific areas. 
Translation of the Veterinary Law is available through document WT/ACC/TJK/21/Add.1.  WT/ACC/TJK/21 
 Page 29 
 
 
  Question 64 
In document WT/ACC/TJK/17, Question 99, Tajiki stan states that "the key criteria used to 
approve or deny import permits for animals and animal product are the epizootic status of the 
exporting country and the presence/absence of di seases in the exporting country."  We agree 
that the epidemiological status of a country is  a key criterion to approve or deny import 
permits.  However, some diseases are not contagiou s (e.g., vector-borne diseases), or are present 
sporadically.  A limited presence of disease in one part of the country would not indicate risk 
from animals in another part of the country.   
Does Tajikistan have mechanisms in place to consider adjusting either the time limits or 
geographic limits listed above if additional, explanatory epidemiological information is 
available? 
Answer : 
Yes, it does.  In accordance with the new Veterina ry Law any veterinary-sanitary measures must be 
developed and implemented by taking into account inter alia  the information available on the 
prevalence of specific deceases, the existence of decease-free areas and areas with low occurrence of 
a decease. 
Question 65 
In document WT/ACC/TJK/17,  Question 101, Tajikistan states that fumigation is allowed.  - What specific fumigants are allowed (for e xample, Methyl Bromide, Phosphine, etc.)? 
- What treatment schedules are used? - Are treatment schedules published so that  importers know what the options are? 
- Are these treatment schedules available to the public? 
- Besides fumigation, are there other acceptabl e treatments, such as cold treatments, 
irradiation, etc.? 
Answer
: 
Tajikistan applies fumigation using the fumigant "K atfos" (active substance: aluminium phosphide). 
Treatments are done upon request of the owners of plants or if the imported plant is suspected of 
being infested.  The treatment schedule therefore does not exist as such and is therefore not published.   
In addition, Tajikistan recognizes other acceptable trea tments, such as cold treatments and irradiation; 
however these treatments are not applied in Tajikistan. 
Question 66 
In document WT/ACC/TJK/17, Question 110, Tajiki stan states: "In case of the conflict with 
any existing piece of legislation, ratified international agreements and other documents, 
including IPPC and Codex Alimentarius, preva il." Is there a list of ratified international 
agreements and other documents, and if so where is  this list maintained?  Is it available to the 
public?  Please provide a copy of this list. WT/ACC/TJK/21 
Page 30  
 
  Answer
: 
All the ratified international agreements are regi stered by the Ministry of Foreign Affairs. 
The Register of Ratified International Agreements  is maintained by the Ministry of Justice. 
All ratified international agreemen ts are published after the ratification and are publicly available. 
The list of Ratified International Agreemen ts will be submitted in a later stage. 
Veterinary Service and the Phytosanitary and Plan t Quarantine Service provide relevant information 
on their websites www.tva.tj and www.f itosanitariya.tj/ru, respectively. 
Question 67 
In document WT/ACC/TJK/17, Question 128, Tajikistan states that the importer must provide 
a certificate of conformity issued in the country of origin.  Is a certificate from the central 
competent authority of the ex porting country acceptable? 
Answer : 
Under Item 19 of the Resolution on the Proc edure of Certifying Food Products and Other 
Commodities Imported-Exported beyond the Republic  of Tajikistan No. 97 of 16 March 1999, the 
foreign certificate will be accepted if so provided by the agreement on mutual recognition of 
certification results.  However, the newly adopted Law on Veterinary provides for the principle of 
equivalence in the Article 9.  
Question 68 
In document WT/ACC/TJK/17, Question 128, Ta jikistan states "In accordance with the 
applicable regulations, the process of certification is limited to seven days, and in the case of 
perishable goods, to two days."   
- Does this statement apply to phytosanitary cert ificates for plants and plant products?  If 
so, then a phytosanitary certificate may be  expired before a consignment arrives, 
depending on the method of transportation, such as a maritime container. 
- Does Tajikistan mean that the process of certification is limited to seven days (or two 
days in the case of perishable goods) prior to the consignment being shipped or 
departing from the country of origin? 
Answer : 
The answer to Question 128 refers to the process  of assessment of conformity with mandatory 
requirements (certification of goods). This is the pr ocess in which it has to be determined that the 
goods intended to be imported m eet the mandatory requirements, which is a precondition for 
importation. The process of conformity assessment (cer tification) is limited in time – seven days or 
two days  (in the case of perishable goods). The time pe riod is calculated from the moment the goods 
appear at the border. The time limit does not refer to validity of the phytosanitary certificate.    WT/ACC/TJK/21 
 Page 31 
 
 
  Question 69 
In regards to Annex 1 ( Veterinary-Sanitary Re quirements:  For Importation of Meat and Meat 
Products into the Republic of Tajikistan), Tajiki stan states that meat and meat products subject 
to defrosting in the course of the storage period  shall not be permitted to be imported into 
Tajikistan.  Can Tajikistan please explain how th is demonstrates consistency with international 
standards? We recommend that the ban should only  apply to frozen products where defrosting 
could pose a food safety hazard, such as prolonged storage. 
Tajikistan also states that meat and meat prod ucts with salmonella or other activators of 
bacterial infections shall not be permitted to be  imported. Again, can Tajikistan please explain 
how this demonstrates consistency with intern ational standards? We recommend amending the 
regulation to apply to Ready-To-Eat products  that may not be thermally treated before 
consumption. 
Answer:  
Tajikistan accepts the above recommendations and commits to amend its requirements accordingly. 
Question 70 
In regards to Annex 2, can Tajikistan please expl ain why poultry meat must be officially free of 
"African porcine fever"? Can Tajikistan please ex plain how this is OIE-consistent?  Until the 
tie between the virus and poultry has been accepte d by the OIE, we feel this is not a valid 
requirement. 
Answer:  
This was a mistake.  There is no such requirement in Tajikistan for the importation of the poultry 
meat.  Tajikistan apologizes for the misunderstanding.  
Question 71 
Tajikistan states that poultry with salmonella at the surface of carcasses is not permitted for 
importation.  We feel this is an unrealistic re quirement for raw poultry.  Can Tajikistan please 
provide results of the risk assessment and risk analysis on achievability? 
Answer:  
There are no results of the risk assessment and risk  analysis on achievability that could be provided. 
Question 72 
Can Tajikistan explain why poultry meat with dark pigmentation is considered a food safety 
issue and listed as a criterion for excluding importation? 
Answer:  
Poultry meat with dark pigmentation indicates inf ectious disease.  A pathological-anatomical change 
of the poultry meat structure with manifestation of dark pigmentation is the issue of food safety and is 
the basis for prohibition of such products.  However, Tajikistan is ready to reconsider this criterion.  WT/ACC/TJK/21 
Page 32  
 
  Question 73 
In regards to Annex 4, can it be assumed that a certificate from the central competent authority 
of the exporting country is acceptable? 
Answer:
 
Yes, a certificate from the central competent authority  of the exporting country is acceptable, as long 
as there is a bilateral agreement on mutual recognition of results of conformity assessment between 
Tajikistan and the exporting country. 
Question 74 
Paragraph 184 and document WT/ACC/TJK/17,  Annex 1 and 2:  We consider that Tajikistan's 
import requirements for meat and poultry pr oducts are not always in line with the 
recommendations of the OIE.  Is Tajikistan co nsidering any revision of these requirements to 
ensure alignment with OIE? 
Answer : 
The new Veterinary Law No. 674 of 29 December 2010 has been adopted, which provides for 
development and adoption of veterinary-sanitary m easures taking into consideration scientific data, 
international standards, instructions and recommendations, based on the risk assessment and 
implementation of methodology developed by in ternational organizations, including OIE.  
For more details please see the translation of th e Veterinary Law No. 674 of 29 December 2010 which 
is available through document WT/ACC/TJK/21/Add.1.  
Question 75 
Concerning importation of meat and meat products, could Tajikistan consider revision of 
certification of the export meat establishments by  the central veterinary level in the exporting 
country if sufficient guaranties a re provided by the local services? 
Answer : 
In accordance with Article 9 of the new Veterinary  Law, in case of importation of meat and meat 
products in Tajikistan the competent authority of  Tajikistan accepts the certificates issued to the 
export meat establishments by local services of  exporting country if the exporters objectively 
demonstrate to the competent authority of Tajik istan that veterinary-sanitary measures of the 
exporting country achieve the appropriate level of  veterinary protection existing in Tajikistan. 
Question 76 
Could Tajikistan clarify its requirement that meat  shall not be permitted to be imported into 
the country if contains preserving agents?  What kind of preserving agents are meant? 
Answer : 
Tajikistan is currently considering amendments to th e appropriate legislation in order to eliminate the 
prohibition of importation of meat that contains  preserving agents.  The Working Party will be 
informed of any developments in due course.   WT/ACC/TJK/21 
 Page 33 
 
 
  Question 77 
We consider that the following requirement migh t be in contradiction with the explanation 
Tajikistan provided under Question 131 in docu ment WT/ACC/TJK/17: "Shipment of meat 
and meat products into the Republic of Tajikistan 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."  
Does Tajikistan plan to repeal this re quirement upon its accession to the WTO? 
Answer : 
Yes, Tajikistan plans to reconsider this  requirement upon its accession to the WTO. 
Question 78 
There seems to be a misunderstanding in the import requirements for poultry meat: 
"African porcine fever - within the preceding three years in the territory of a country". 
Answer : 
This is an error.  The list of requirements for import of poultry meat should not have included the 
absence of African porcine fever.   The error will be corrected. 
Question 79 Could Tajikistan submit its microbiological, chemical-toxicological and radiological indicators 
for poultry and red meat? 
Answer
: 
At this point the list is being developed by the Cent ral Veterinary Authority of Tajikistan.  It will be 
presented to the Working Party as soon as it becomes available. 
Question 80 Paragraph 188:  Concerning the mechanisms for private sector review and public sector 
approval before adoption into law of new food safety measures, we are pleased to recognize 
improvement in terms of transparency. 
Paragraph 180:  Could Tajikistan clarify when it became an OIE member? 
Answer
: 
Tajikistan is a member of OIE since April 1993. 
Question 81 
Paragraph 187 and document WT/ACC/TJK/7/Rev. 4, Section III.8:  We welcome the efforts 
made by Tajikistan in aligning its legislatio n with the SPS requirements.  Could Tajikistan 
update on the status of the legislative reform process? WT/ACC/TJK/21 
Page 34  
 
  Answer
: 
The new Veterinary Law was adopted on 29 December  2010.  The amendments to the Law on Quality 
and Safety of Foodstuffs are planned for the first half of 2011.  The List of Quarantine Plants was 
adopted on 2 October 2010.  Amendments to the law on Plant Quarantine are planned for the second 
half of 2011.  The Law on Plant Protection w ill be adopted in the first half of 2011. 
Question 82 Could Tajikistan inform on progress in intro ducing equivalence provisions concerning import 
permits in line with Article 4 of the SPS Agreement? 
Answer
: 
The new Veterinary Law No. 674 of 29 December 2010 has been adopted, which introduced 
equivalence provisions compliant with Article 4 of the SPS Agreement.  According to Article 9 of the 
Law, the veterinary-sanitary measures of other c ountries are deemed equivalent where the competent 
state authority determines that measures applied in another country provide protection of life and 
health of animals and humans at the level identical or higher than that applicable in the Republic of 
Tajikistan.  The decision on recognition of equivalency must be published.   
For more details please see the translation of th e Veterinary Law No. 674 of 29 December 2010 which 
is available through document WT/ACC/TJK/21/Add.1. 
In addition, other SPS relevant legislation will be amended to meet requirements of Article 4 of the 
SPS Agreement.  The amendments will be subm itted for review as they become available. 
- Free zones, special economic areas 
Question 83 
Paragraph 194:  The Working Party Report not es that "bans or restrictions on specific 
economic activities could be imposed within free zones in line with national interests." Please 
explain what is meant by Tajikistan's "national interests," i.e., national security, or economic interests?  Will the new Law "On Free Economic Zo nes" provide details on the bases on which 
such bans or restrictions could be imposed? 
Answer:
 
In accordance with the Law on Free Economic Z ones No. 700, dated 25 March 2011 any activity not 
prohibited by the legislation of the Republic of Ta jikistan may be performed in free economic zones. 
The Government will have the power to establish th e priorities and the list prohibited activities.   
In addition, current provisions on free economi c zones approved by the Resolution of Majlisi 
Namoyandagon of Tajikistan (lower chamber of the parliament) for FEZ "Sughd" No. 1146 of 
29 October 2008, FEZ "Pyang" No. 1147 of 29 Oc tober 2008 and FEZ "Ishko shim" and "Dangara" 
No.1545 of 20 January 2010 identify th e following specific prohibited activities: 
- Production, processing, storage, sale of narcotics drugs, psychotropic substances and 
precursors;  
- Production, processing, storage, disinfection, sale of hazardous and radioactive materials;   WT/ACC/TJK/21 
 Page 35 
 
 
  - Economic and commercial activities related to se curity and national defence, as well as 
production, processing, storage and sale of we apons, ammunition, explosives, narcotics and 
psychotropic substances;  
- Import on territory of FEZ of narcotic drugs , psychotropic substances, weapons, ammunition 
and other goods, sale and transportation of which in the Republic of Tajikistan is restricted; 
and 
- Treatment of aggressive forms of mental illness and infectious diseases.  
The above mentioned activities are banned under the country's national security policies.  
Question 84 
Paragraph 196:  The new Law "On Free Econom ic Zones" will allow certain benefits for 
operators within a zone, including tax and import duty relief, and more.  Could Tajikistan 
please confirm that it will include these programs in its subsidies notification? 
Answer:  
Tajikistan confirms that these programs will be  included in the subsidy notifications. 
- Government procurement 
Question 85 
Please provide information on the "governme nt entities" covered by the Law No. 511 
"On Government Procurement of Goods, Works and Services" of 12 December 1997.  
Is coverage limited to government agencies or are unitary enterprises and state-owned firms  also covered? 
What will be the coverage in this regard of the new Law "On State Procurement of Goods, 
Works and Services?" 
Answer:
 
The Law No. 511 "On Government Procurem ent of Goods, Works and Services" of 
12 December 1997 has been abolished and replaced by the new Law No. 168 of 3 March 2006, which 
was drafted taking fully into account the UNCITRAL model law.  Under Article 9 of the current Law 
the following organizations can be "buying organi zations-participants in government procurement": 
- Budget funded organizations, state authorities, state enterprises; 
- Utility organizations funded by the local budget; - Local authorities; - Funds having specific purpose that are established using the state assets; - Joint stock companies and joint enterprises wher e the state has more than 50% of stock or 
founding capital; and 
- State owned banks performing internal procurement. WT/ACC/TJK/21 
Page 36  
 
  V. TRADE RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL Question 86 Could Tajikistan provide an update on the on-goi ng preparation of relevant proposals bringing 
Tajikistan patent legislation into compliance with the TRIPS Agreement, particularly 
Articles 30 and 31(f) and 31(l)(i)-(iii)? 
Answer
: 
Under Article 30 of the TRIPS Agreement, Members may provide limited exceptions to the exclusive 
rights conferred by a patent, provided that such exceptions do not unreasonably conflict with a normal 
exploitation of the patent and do not unreasonably prejudice the legitimate interests of the patent 
owner, taking account of the legitimate interests of third parties.  
In accordance with Article 31 of the Law on Inven tions, the following actions are not deemed to 
constitute an infringement of the patent holder's exclusive right: 
- Use of the devices incorporating inventions pr otected by patents or petty patents in the 
construction or operation of (land, air, water) vehicles of other countries if such vehicles 
entered the territory of the Republic of Tajik istan on a temporary basis or by accident and 
such devices are used for the need s of a vehicle.  No such acti on shall be deemed to constitute 
an infringement of the patent owner's exclusiv e rights, provided that the vehicles concerned 
are owned by natural persons or legal entities of countries granting reciprocal rights to vehicle 
owners of the Republic of Tajikistan; 
- Scientific research or experiments involving devices incorporating inventions; 
- Use of the devices incorporating inventions, in force majeure circumstances (natural disasters, 
catastrophes, major accidents) with subsequent  payment of commensurate compensation to 
the patent owner; 
- Use of the devices incorporating an invention for needs without aiming to derive any income; - One-time production of medicines in pharmacies on a doctor's prescription; and 
- Use of the devices incorporating inventions prot ected by titles of protection if such devices 
were put to commercial use on a lawful basis in  accordance with the rights granted by a patent 
owner. 
Therefore, Tajikistan believes that the provision of Article 30 of the TRIPS Agreement is fully 
reflected in the Article 31 of the Law on Inventions. 
The amendments to the Law on Inventions that w ould fully reflect provisions of Article 31(f) and 
31 (l (i)(iii) of the TRIPS Agreement will be adopted in October of 2011.   WT/ACC/TJK/21 
 Page 37 
 
 
  - SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights  
Question 87 
Paragraph 275 of the Elements Report states th at Article 80 of the Criminal Procedure Code 
allows only for "goods with no value and that can' t be used" to be destr oyed or transferred, and 
that " the representative of Tajikistan acknowl edged the underlying inconsistencies and said 
that Tajikistan would amend its legislation to implement Article 61 of the TRIPS Agreement."  Please indicate what efforts have been made to  update this element of the Criminal Procedure 
Code. 
The Legislative Action Plan indicates that the Law of the Republic of Tajikistan No. 162 
"On Amendments to the Law of the Republic of Tajikistan "On Copyright and Related 
Rights"" was adopted on 3 March 2006 and is now in force.  We look forward to receiving a 
copy of the adopted law now in force. 
Answer:
 
Amendments to the legislation to bring it into compliance with Article 61 of the TRIPS Agreement 
have been finalized and will be ready to be placed in the appropriate approval procedure.  As soon as 
the draft is approved it will be submitted for review. 
Question 88 
The Legislative Action Plan indicates that Am endments to the Law No. 573 "On Copyright and 
Related Rights" were adopted on 3 December 2009 and are now in force.  We look forward to 
receiving a copy of the amendments now in force. 
Answer : 
The Law on Copyrights and Related Rights, which incl udes amendments that came into effect in 2006 
and 2009, is available through document WT/ACC/TJK/21/Add.1. 
- Trademarks, including service marks Question 89 With regard to the Law "On Trademarks and Serv ice Marks", we consider that the definition 
of a trademark is very limited.  Could Tajikistan explain if the list in Article 7 is an exhaustive list?  
Answer
: 
Tajikistan respectfully disagrees and does not find th e definition of a trademark limited.  Article 7 
provides that verbal, figurative, three-dimensional an d other designations or their combinations can be 
registered as a trademark.  According to the Rul es for Filing and Consideration of the Application for 
Registration of Trademark and Service mark, appr oved by the Decree No. 7 of the Minister of WT/ACC/TJK/21 
Page 38  
 
  Economic Development and Trade of 25 February 20 08, "other designations" referred to in Article 7 
of the Law also include, but are not limited, to sound and light. 
The list is by no means exhaustive.  On the contrary , it provides for very broad possibility to register 
almost anything as a trademark. 
Law No. 234 "On Trademarks and Service Mark s" dated 5 March 2007 (Articles 1 and 11 – 
application of trademark registration). 
Question 90 
Could Tajikistan explain why application for reg istration trademark is limited to a person who 
is engaged in entrepreneurial acti vity?  Why is this necessary? 
Answer
: 
The assumption is that persons who produce goods and render services have a need to register a mark 
that would correspond to their goods and services.  There is no trademark or a service mark without the goods, services and trade.  Therefore, only the persons, both natural and le gal in entrepreneurial 
activity, i.e. persons who produce goods and render ser vices or are engaged in trade should have the 
right to register a trademark or a service mark.  
In addition, such a limitation aims at prevention of cases of trademark registration for profiteering 
purposes (kind of a "typosquatting"), by persons not  producing goods or not rendering services, which 
may lead to occurrence of obstacles in using of si milar trademarks on the market, and complications 
in examination of trademark applications due to ove rload of the registers of registered trademarks 
with "inoperative" trademarks. 
- Geographical indications, including appellations of origin 
Question 91 
In regards to Law No. 236 "On Geographical Indicati ons", Section 2, last sen tence in Article 6:  
Tajikistan states that "the registration of an appe llation of origin shall be valid indefinitely."  
What happens if the conditions underpinning the grant of an appellation of origin change, for example, if the term becomes generic? 
Answer
: 
The meaning of paragraph 6 of Artic le 6 should be read in conjunction with paragraph 1 of the same 
Article, which states that the "legal protection of an  appellation of origin in the Republic of Tajikistan 
shall originate from its state registration in accordan ce with the procedure prescribed by this Law or 
by virtue of international legal acts re cognized by the Republic of Tajikistan".  
The paragraph 6 should be understood to mean that th e legal protection of the appellation of origin is 
indefinite for as long as the requirements for prot ection under the Law and international documents 
binding on Tajikistan are met.  In addition, unde r Article 19 of the Law, legal protection of an 
appellation of origin will be terminated "upon di sappearance of the conditions characteristic to a 
particular geographical object and impossibility of producing a good with the features indicated in the 
Register".  WT/ACC/TJK/21 
 Page 39 
 
 
  Therefore, if the conditions underpinning the grant of an appellation of origin change to the extent that 
the requirements for protection/registration are not fulfilled any more, the registration/protection will 
cease. 
Question 92 
In Section 3, Article 8, 4th paragraph from the bottom:  Can Tajikistan please clarify the 
following:  "an application shall be accompanied by a document certifying the applicant's right 
in the appellation of origin applied for in the country of origin of the good"?   
Answer : 
This paragraph regulates the situation where the applicant requests registration of the foreign 
appellation of origin in Tajikistan, in which case such applicant must present a document confirming 
his right to such a foreign appellation of origin.  Having in mind that different  countries have different 
systems of protection of appellation of origin a nd different documents confirming the rights, this 
paragraph does not name a document, but rather uses  the descriptive term "a document certifying the 
applicant's right".  
Question 93 
In Section 3, Article 9, 1st paragraph:  Please clarify and explain the difference and what is 
involved in "a formal examination and an examination of the claimed designation". 
Answer : 
Formal examination is examination of complete ness of the applicati on and supporting documents. 
Under Article 9, paragraph 7 of the Law, in the c ourse of the formal examination, the presence of the 
necessary documents and their conformity with the established requirements is checked. If the 
application and supporting documents are found to be complete and to meet prescribed requirements, 
the application is accepted for further examination (substantive examination).  Examination of the 
claimed designation, as described in paragraphs 10 and 11 of Article 9,  is actually a substantive 
examination, which involves examination whether requirements for protection of the appellation of 
origin set forth in the Law and international le gal acts binding in Tajikistan have been met. 
Question 94 Does Tajikistan have a system for third party opposition in case there is a dispute over a 
trademark or geographical indication? 
Answer
: 
Tajikistan does not have the system for third party opposition in case there is a dispute over a 
geographical indication during the process of registration of the geographical indication.  There is no 
"publication for opposition" stage of the pro cess. However, under Article 18 of the Law on 
Geographical Indications registered appellation of origin can be challenged by any person who has 
reason to believe that the appellation of origin was registered in contravention of requirements set by 
the Law.  The registration can be challenged at any time during the entire length of its validity term by 
lodging the appeal to the Appeals Board. WT/ACC/TJK/21 
Page 40  
 
  Question 95 
With regard to the Law "On Geographical Indica tions", there seem to be no definition of 
geographical indications in the law.  Could Tajikistan clarify? 
Answer
: 
Tajikistan respectfully disagrees.  Article 1 of the Law on Geographical Indications (Basic Terms) 
defines geographical indication as a "general term fo r designation of an appellation of origin and an 
indication of source".  
Furthermore, the same Article also provides defin itions of appellation of or igin and indication of 
source, notably the following: 
- Appellation of origin shall mean a designati on which is or contains a contemporary or 
historical name of a country, a settlement, a location or other geographical object (or a 
derivative from such designation) and which has become known as a result of its use in 
respect of a good the specific quality and featur es of which are essentially or exclusively 
defined by natural conditions and (or) human factors specific to a given geographical object; 
and  
- Indication of source shall mean a designation dir ectly or indirectly indicating the true place of 
origin or of manufacture of a good. 
Question 96 
Could Tajikistan explain whether its Law allo ws the registration of foreign geographical 
indications in Tajikistan? 
Answer : 
Yes, the Law on Geographical Indications allows fo r allow the registration of foreign geographical 
indications in Tajikistan.  Under Article 8 of the Law, "in the event that a geographical object, the 
name of which is applied for as an appellation of origin, is situated outside the territory of the 
Republic of Tajikistan, an application shall be accompanied by a document certifying the applicant's 
right in the appellation of origin applied fo r in the country of origin of the good". 
Question 97 Could Tajikistan clarify Article 3?  Why does it refer to topologies of integrated circuits? 
Answer
: 
This is an error in translation; it should have referr ed to geographical indications.  The original text of 
the Law refers to geographical indications.  Tajikistan apologizes. 
Question 98 
Could Tajikistan clarify if Article 8 requires pr oving that there is a link between the good for 
which the geographical indication protection is required and the indicated place of origin of the good?  WT/ACC/TJK/21 
 Page 41 
 
 
  Answer : 
Article 8 requires the applicant to provide the following information: - Claimed designation; 
- Indication of goods for which the registration a nd grant of the right to use the appellation of 
origin or the grant of the right to use the a ppellation of origin already registered is sought; 
- Indication of the place of origin of the g ood (borders of the geographical object); and 
- Description of the special properties of the good 
Therefore, Article 8 does not require applicant to pr ove that there is a link between the good for which 
the geographical indication protection is requi red and the indicated place of its origin. 
Question 99 
Article 12 imposes a 10 year limitation of the geographical indication registration validity. 
Could Tajikistan explain the need for it?   
Answer
: 
Under paragraph 4 of Article 6, "the registration of an appellation of origin shall be valid 
indefinitely". Therefore, there is no limit to th e validity of registration and this provision does not 
differ from the appropriate EU legislation. 
Article 12 refers to validity of a certificate.  It does not impose any limitation to validity of the 
registration itself, but rather to validity of a certific ate, which is issued to the user of a geographical 
indication, granting him the right to use it.  It is th e certificate that is valid for a period of 10 years, 
which can be extended for another 10 year period. If, at the end of the 10 year period the characteristic 
of the product correspond to those stated in th e Register, the registration will be renewed.  
Question 100 Could Tajikistan clarify, what is the rationale behind Article 15? 
Answer
: 
Paragraph 1 of Article 15 grants the right to a Tajik  legal and natural persons to register geographical 
indication related to the territory of Tajikistan in a foreign country.  Paragraph 2 requires that such an 
indication must be first registered in Tajikistan. It is believed that the best and most efficient way to 
assess whether a product really has specific features due  to geographical and natural characteristics or 
human factors of Tajikistan or its region.  On th e other hand, prior registration in Tajikistan is 
intended to simplify any other registration in a foreign country.  
Question 101 
Could Tajikistan explain if Article 18 provides for an opposition procedure during the 
registration procedure?  On what grounds would "invalidating" an already existing 
geographical indication be considered?  What is the rationale behind the procedure described in 
this Article?  WT/ACC/TJK/21 
Page 42  
 
  Answer:
 
Under Article 18 only the grant of legal protection to the appellation of origin and issuance of a 
certificate for the right to use the appellation of orig in may be challenged at any time during the entire 
length of their validity.  Consequently, Article 18 does not provide for an opposition procedure during 
the registration proceedings. 
Article 18 provides the possibility to invalidate a registered appellation of origin, which was 
registered in contravention of the provisions of the Law on Geographical Indications, i.e. if it was 
registered although the requirements established by the Law have not been fulfilled.  Any interested 
person is entitled to apply to the Appeals Board and/or the court and request the review of the 
decision to register an appellation of origin.  If succe ssful in such a claim, i.e. if it was proved that the 
right was granted in contravention of the Law on Geographical Indications, the decision to grant a 
legal protection to an appellation of origin and the certificate are invalidated based on a decision 
issued by the Appeal Board or based on the final and enforceable decision of the court.  Such a system 
provides the control mechanism of the registration of  appellation of origin and provides the tool for 
any person whose rights may have been infringe d by the registration to protect them.  
The grounds for invalidation of the registered geographical indication are provided for in Article 19, 
under which: 
- Legal protection of an appella tion of origin is terminated: 
- Upon disappearance of the conditions char acteristic to a particular geographical 
object and impossibility of producing a good with the features indicated in the Register; and  
- Upon loss by a foreign natural person or legal entity of the right to the given 
appellation of origin in the country of origin of the corresponding goods. 
- The certificate is terminated: 
- Upon the loss by the good of its special prope rties indicated in the Register in respect 
of the given appellation of origin; 
- Upon termination of the legal prot ection of the appellation of origin; 
- Upon the liquidation of the legal entity – the holder of the certificate; and - Upon a voluntary cancelation legalized by the Authorized State Body on the basis of 
a request of the certificate holder to terminate the certificate. 
- Patents 
Question 102 
We look forward to reviewing amendments to  the Law "On Inventions" and other relevant 
legislation that would ensure implementation of all related provisions of the TRIPS Agreement concerning patents, especially Articles 30, 31 and 39 of the TRIPS Agreement.  
Answer:
 
Amendments to the Patent Law to bring it in line with Articles 30 and 31 of the TRIPS Agreement are 
being prepared.  As soon as they are finalized they  will be presented for review.  Article 39 relates to 
protection of undisclosed information and therefore Ta jikistan is of the opinion that this matter should 
not be regulated by the Patent Law.  However, Tajikistan plans to amend the laws that regulate  WT/ACC/TJK/21 
 Page 43 
 
 
  medicines and medical products and agro-chemical products in order to meet requirements of 
Article 39 of the TRIPS Agreement. These amendments  will also be submitted for review as soon as 
they become available. 
- ENFORCEMENT 
Question 103 
In regards to Question 153 of document  WT/ACC/TJK/17:  Can Tajikistan please clarify what 
a "calculation indicator" is and whether the pena lties for infringement adequate to compensate 
the right holder for infringement in connection with Article 45 of the TRIPS Agreement? 
Answer:  
Under the Law on Calculation Indicator No. 350 of 5 January 2008 the "calculation indicator" is a 
unit used for the calculation of taxes, duties and ot her charges and penalties, payable in accordance 
with the laws of the Republic of Tajikistan.  It  is adjusted annually, taking into consideration the 
anticipated inflation, by the Law on the State Budget a nd is applied in the course of the relevant year.  
In accordance with Article 31 of the Law on the St ate Budget for 2011 the calculation indicator for 
taxes duties and other charges is 40 Somoni and for penalties 35 Somoni (US$9 and US$8 
respectively). Consequently, the calculation i ndicator used in 2011 for the calculation of 
administrative penalties in accordan ce with the Code of Administra tive Violations, including those 
related to violation of intellectual property rights, is 35 Somoni (US$8). 
Question 104 
The penalties for administrative violations do not appear to have provisions for disposing of 
infringing goods and the materials and implem ents used to create them as required by 
Article 46.  Can Tajikistan please identify provisions that implement Article 46? 
Answer : 
The penalties under the Code of Administrative Violations are administrative penalties and their 
purpose is not to compensate the right holder for th e infringement of right, but rather to penalize the 
infringer.  Therefore, Tajikistan is of the opinion  that the penalties under the Code of Administrative 
Violations are not in any way related to Article  45 of the TRIPS Agreement, which regulates the 
matter of compensation of damages (a civil remedy).  
The confiscation and destruction of implements and infringing goods is addressed in Article 45 of the 
Code of Administrative Violations. These provisions regulate the matter in general, for all offences 
under the Code, including the offenses in respect of intellectual property rights (Chapter 22 of the 
Code).  Article 45 reads as follows: 
"Article 45. Confiscation of an Object Being an Instrument for Committing a Violation or a Direct 
Object of Administrative Violation 
1. Confiscation of an object being an instrument for committing a violation or a direct object of 
an administrative violation shall mean the unpaid mandatory conversion of this object into the 
state ownership. Confiscation of such an object shall be ordered by the judge only. Only an 
object owned by a violator shall be subject to  confiscation, unless otherwise provided for in 
legislative acts of the Republic of Tajikistan. WT/ACC/TJK/21 
Page 44  
 
  2. Confiscation shall be adequate to the nature of an administrative violation.  
3. It shall not be deemed confiscation th e removal from illegal possession of a person who 
committed an administrative violation of th e following instruments used to commit an 
administrative violation  or direct object of an administrative violation: 
- Those, in accordance with the legislation of the Republic of Tajikistan, has to be returned to 
its legal owner; 
- Those being excluded from circulation or those being on other grounds in the illegal 
possession of a person, who committed an administrative violation and on that ground being subject to conversion into the state ownership or destruction.  
4. An object being an instrument for committing an administrative violation and its direct object, 
which does not belong to a violator, but is the prope rty of the third parties, shall be subject to 
confiscation only when it is proved that in the process of their acquisition the third party was 
aware of an administrative violation.  
5. Procedure of applying a confiscation and the list of objects not subject to confiscation shall be 
established by this Code and other normative a nd legal acts of the Republic of Tajikistan." 
Question 105 
In regards to Question 154 of document WT/ACC/TJK/17:  Please provide the amended 
relevant legislation so that we may verify it implements the relevant provisions of the TRIPS Agreement. 
Answer:
 
Amendments to the relevant legislation are being pr epared.  As soon as they are finalized they will be 
submitted to the Working Party for review. 
Question 106 
In regards to Question 159  of document WT/ACC/TJK/17:  Can Tajikistan please provide a 
copy of paragraph 5.1 of the Regulation on th e Procedure of Customs Control Related to Goods 
Containing Objects of Intellectual Property No. 223 of 19 July 2006 so that we may verify its implementation of Article 58 of the TRIPS Ag reement relating to ex officio authority? 
Answer:
 
The translation of the Regulation on the Procedur e of Customs Control Related to Goods Containing 
Objects of Intellectual Property No. 223 of 19 July 2006 is available through document 
WT/ACC/TJK/21/Add.1. 
Question 107 
Questions 159-160:  Could Tajikistan clarify its plans to amend its customs legislation to 
provide for an ex officio authority fo r customs officials for IPR enforcement? 
Answer : 
The amendments to the Customs Code that will pr ovide for an ex officio authority for customs 
officials for IPR enforcement are being prepared for a doption, which will take place in the first half of 
2011.  The amendments will be presented to the Wo rking Party as soon as they become available.  WT/ACC/TJK/21 
 Page 45 
 
 
  VI. POLICIES AFFECTING TRADE IN SERVICES 
Question 108 In Tajikistan's fourth revised services off er (WT/ACC/SPEC/TJK/2/Rev. 4, Offer on Specific 
Commitments in Services) the obligation of fo reign companies to hire 70 per cent of their 
workforce locally has been scheduled only for accounting, auditing and bookkeeping services. 
According to paragraph 278, the Foreign Investment Law of 10 March 1992 imposes this 
requirement to foreign companies in general.  Co uld Tajikistan inform how and when it intends 
to amend the Foreign Investment Law to withdraw  this restriction?  If the Law has already 
been amended, could Tajikistan make available a copy of these amendments?  
Answer
: 
The Law on Foreign Investments of 10 March 1992 has been repealed and replaced by the new Law 
on Investments No. 260 of 12 May 2007.  The new Law does not provide for an obligation to hire 70 per cent or any other percentage of their workforc e locally.  For more details, please see translation 
of the Law on Investment which is ava ilable through document WT/ACC/TJK/21/Add.1. 
Question 109 
Please provide a copy of the following legislation:  
- Instruction No. 337-f "On the Manner of Cont rol of Goods Containing Objects of IPRs" 
of October 10, 2005; 
- Regulation on the Procedure of Customs Co ntrol Related to Goods Containing Objects 
of Intellectual Property No. 223 of July 19, 2006; and 
- CIS Heads of State Decision "On Rules for Customs Control of Transfer Across the 
Customs Border of Goods Containing Intellectual Property Objects."   
Answer:
 
Instruction No. 337-f of 10 October 2005 and the Re gulation No. 223 of 19 July 2006 is actually the 
same document.  Instruction No. 337-f was issued by the Customs Service.  Under the legal system of 
Tajikistan sublegal acts, including the instructions of  the Customs Service must be registered by the 
Ministry of Justice in order to take effect.  Accordingly, Instruction No. 337-f "On the Manner of 
Control of Goods Containing Objects of IPRs" of 10 October 2005 was registered by the Ministry of Justice under No. 223 of 19 July 2006, when it took effect.  Tajikistan apologizes for any confusion 
and inconvenience.  The translation of the Inst ruction No. 337-f of 10 October 2005 is available 
through document WT/ACC/TJK/21/Add.1. 
Translation of CIS Heads of State Decision "On Ru les for Customs Control of Transfer across the 
Customs Border of Goods Containing Intellectual Property Objects" is available through document 
WT/ACC/TJK/21/Add.1. 
  
  WT/ACC/TJK/21 
Page 46 ANNEX I 
Table:  List of Goods subject to mandatory certification  
HS Code Description Goods subject to mandatory 
certification 
02 Meat and edible meat offal Whole group 
03 Fish and crustaceans, mollusks and ot her aquatic inverteb rates Whole group 
04 Dairy produce; birds' eggs; natural honey; edible products of        animal origin, not elsewhere specified or 
included. Whole group 
05 Edible products of animal origin not elsewhere specified or included. Whole group 
06  Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage Whole group 
07 Edible vegetables and certain roots and tubers Whole group 
08 Edible fruit and nuts; peel of citrus fruit or melons Whole group 
09 Coffee, tea, mate and spices Whole group 
10 Cereals Whole group 
11 Products of the milling industry; malt; starches; inulin; wheat gluten Whole group 
12 Oil seeds and oleaginous fruits; miscellaneous grains, s eeds and fruit; industrial or medicinal plants; straw and 
fodder Whole group 
13 Lac; gums, resins and other vegetable saps and extracts Whole group 
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, 15 06-1517, 1520, 1521 
16 Edible products of meat, fish or and crustaceans,  mollusks and other aquatic invertebrates Whole group 
17 Sugars and sugar confectionery Whole group 
18 Cocoa and cocoa preparations Whole group 
19 Preparations of cereals, fl our, starch or milk; pastry cooks' products Whole group 
20 Prepared of vegetables, fruit, nuts or other parts of plants Whole group 
21 Other food products Whole group 
22 Beverages, spirits and vinegar Whole group 
23 Residues and waste from the food industries; prepared animal fodder 2301-2106, 2308 
24 Tobacco and manufactured t obacco substitutes Whole group 
25 Salt, sulphur, soils and stone, plastering materials, lime and cement  2501-2510, 2513, 2515-2517, 2520-
2524 except 2508 30 0000 and 
2508 40 0000 
27 Mineral gasoline, oil and sub products, bituminous substances, natural wax 2701, 2704, 2707 10 1000 270720, 
2708-2715, except: 2704 00 9000 2708, 2713 11 0000, 2713 12 0000 
30 Pharmaceutical products Whole group 
31 Fertilizers Whole group  
   WT/ACC/TJK/21
 Page 47HS Code Description Goods subject to mandatory 
certification 
32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and 
varnishes; putty and other mastics; inks Whole group 
33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations Whole group 
34 Soap, organic surface- active agents, washing preparations , lubricating prepar ations, artificial waxes, prepared 
waxes, polishing or scouring preparations, candles an d 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; pyrophori c alloys; certain combustible preparations 3605000000 
38 Miscellaneous chemical products 3808, 3809 91 0000, 3809 93 0000, 
3811, 3814-3816, 3819-3822,  3824 40 0000, 3824 50 1000, 
3824 90 4000, 3824 90 700, except:  
3816 00 0000 
39 Plastics and articles thereof Whole group 
40 Rubber and articles thereof 4008-4011, 4013, 4014, 4015110000, 
4016910000 
41 Raw hides and skins (other than furskins) and leather 4101, 4102, 4103901000 
43 Furskins and artificial fur; manufactures thereof Whole group 
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 Whole group 
52 Cotton Whole group 
54 Man- made filaments 5407,5408 
55 Man- made staple fibers 5512-5516 
56 Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof 5601,5607 
57 Carpets and other textile floor coverings Whole group 
58 special woven fabrics; tufted textile fabrics; lace;  tapestries; trimmings; embr oidery 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 Whole group 
61 Articles of apparel and clothing accesso ries, knitted or crocheted Whole group 
62 Articles of apparel and clothing accessori es, not knitted or crocheted Whole group 
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  
  WT/ACC/TJK/21 
Page 48 HS Code Description Goods subject to mandatory 
certification 
68 Articles of stone, plaster, cement, asbestos, mica or similar materials 6801-6803, 6805-6811, 6813 
69 Ceramic products 6901-6908, 6910-6912, 6914, except:  
6901 00 0000 6902 00 0000 
70 Glass and glassware 7003-7005, 7007, 7009-7014, 7019, 
702000 
71 Natural or cultured pearls, precious or semi- precious st ones, 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 Whole group 
76 Aluminium and articles thereof 7604-7616 
82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal 8201-8203, 8206, 8208, 8212-8215 
84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof 8405, 8409, 8413-8415, 8418, 
8421-8423, 8432, 8433, 8437, 8438, 8443, 8445-8447, 8450, 8452, 8467, 
8469, 8470-8473, 8476, 8477, 8479, 
8481, 8483, 8484 except: 8479 89 970 9 
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 ther eof 8708, 8712 , 8714, 8715 
90 Optical, photographic, cinematographic, measuring, ch ecking, 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; artic les of bedding and similar furnishing (for example, 
mattresses, quilts,  cushions, pouffes and pillows) fitted wi th springs or stuffed or internally fitted with any 
material; lamps and  lighting fittings not elsewhere specified or included; lighting signal boards, lightboards with the name or title or address  and similar; collapsible building constructions  Whole group 
95 Toys, games and sport equipment,  parts an d accessories thereof 9603 100000, 96032100 00, 9616, 
9617 
96 Other prepared products 9603100000, 9603210000, 9616, 
9617 
Note:  Under the Decree No. 486 of 1 October 2008, as amended by the Decree No. 450 of 2 September 2010. 
 
__________