WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/TJK/23 
1 November 2011 
 (11-5514) 
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 26 October 2011, is being circulated at the request of the 
Delegation of the Republic of Tajikistan.  
_______________ 
 
  WT/ACC/TJK/23 
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TABLE OF CONTENTS 
II.  ECONOMIC POLICIES .......................................................................................................... 1  
-  Investment Regime.............................................................................................................. ...... 1 
-  State Ownership, Privatization and State-trading entities .................................................... 2  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES ...................................... 5  
-  Powers of Executive, Legislative and Judicial Branches of Government ............................ 6  
IV.  POLICIES AFFECTING TRADE IN GOODS ..................................................................... 7  
-  Trading Rights ................................................................................................................ .......... 7 
A.  IMPORT REGULATIONS ...................................................................................................... 9  
-  Tariff rate quotas, tariff exemptions ....................................................................................... 9  
-  Fees and charges for services rendered ................................................................................. 10  
-  Value added tax (VAT) ......................................................................................................... .. 11 
-  Import licensing systems ...................................................................................................... .. 12 
-  Customs Valuation ............................................................................................................. ..... 13 
-  Rules of origin ............................................................................................................... .......... 14 
-  Other customs formalities ..................................................................................................... . 14 
-  Anti-dumping, countervailing duties, safeguard regimes ................................................... 14  
B.  EXPORT REGULATIONS ................................................................................................... 15  
-  Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports .............................................................................................................. .......... 15 
-  Export restri ctions ........................................................................................................... ....... 16 
C.  INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS ......................... 17  
-  Industrial policy, including subsidies .................................................................................... 17  
-  Technical barriers to trade, standards and certification ..................................................... 17  
-  Sanitary and phytosanitary measures ................................................................................... 21  
-  Free zones, special economic areas ........................................................................................ 30  
-  Transit ....................................................................................................................... ............... 30  
-  Agricultural policies.......................................................................................................... ...... 31 
V.  TRADE-RELATED INTELLECTUAL  PROPERTY REGIME ....................................... 32  
GENERAL ....................................................................................................................... ..................... 32  
-  Participation in international intellectual property agreements ........................................ 32  
SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ........................................................................................................................ ........................ 33  
-  Copyright and related rights ..................................................................................................  33 
-  Trademarks, including service marks ................................................................................... 43  
-  Geographical indications, including appellations of origin ................................................. 43  
-  Plant variety protection ...................................................................................................... .... 44 
ENFORCEMENT ................................................................................................................... ............. 45  
VI.  POLICIES AFFECTING TRADE IN SERVICES .............................................................. 46  
VIII. TRADE AGREEMENTS ....................................................................................................... 47  
  WT/ACC/TJK/23 
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 II. ECONOMIC POLICIES  
- Investment Regime Question 1 We would like to seek some further clarifications on Article 10 of the Law "On Investment".  
The Law refers to supervision of government bo dies over the investors' activities.  What are 
these government bodies and which Tajik legislat ion specifies the cases of their activities? 
Answer: 
Please note that there was a technical error in tran slation of the Law.  There is no requirement on 
supervision of the investor’s activities in the Artic le 10 of the Law.  Therefore Article 10 should be 
read as follows:  
 Article 10.  Inadmissibility of interferen ce of government bodies in investment activity   
Government bodies have no right to interfere with investment activity excep t for the cases envisaged 
by the legislation of the Republic of Tajikistan. 
The full version of the Law can be found in th e following website of the State Committee on 
Investments and State Property Management of th e Republic of Tajikistan:  http://amcu.gki.tj/eng. 
Question 2 The Tajik Land Code differentiates between pr imary and secondary land users.  Foreigners can 
have the status of secondary land users and in ca ses when they enter into joint venture with a 
domestic partner can obtain primary land use right for a limited time period.  This means there is differentiation between foreign and Tajik investo rs.  How is this consistent with Article 4 of 
the Law "On Investment" which prescribes equal t reatment of foreign and domestic investors? 
Answer: 
In accordance with the Constitution of the Republic of  Tajikistan the land is owned by the State. 
Natural and legal persons may acquire  the right to use it, which is confirmed by issuing a certificate to 
that effect by the authority responsible the land use.  The right to use the land can be limited in time or 
unlimited depending on the request by the person acquiri ng the right.  For natural persons the right to 
use the land can be unlimited in time, and in case of th e right holder's death such right is inheritable. 
Any structure (building) built on the land is owned by the holder of the right to use the land.  
The ownership of the structure can be freely transf erred without any restrictions, in which case the 
right to use the land is simultaneously transf erred to the new owner of the structure.  
Foreign person (natural or legal)  not engaged in commercial activity can lease the land for the period 
not exceeding 50 years and use without restrictions dur ing that period.  However, any foreign person 
engaged in commercial activities, registered in the Re public of Tajikistan either as entrepreneur or as 
a branch of the foreign company is deemed to be domestic person and as such is subject the regime 
identical to that applicable to Tajik nationals or Tajik legal persons.  There is no requirement for the 
foreign person to have a Tajik partner; any busin ess can be owned solely by a foreign person.  
Thus, there is no difference in treatment of fore ign and Tajik investors and no inconsistency with 
Article 4 of the Law "On Investment".  WT/ACC/TJK/23 
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 Question 3 
Article 19 of the Law "On Investment" specifies the investment preferences Tajikistan offers 
for investors.  Could Tajikistan clarify wheth er the preferences listed in the Law are offered 
both to Tajik and foreign investors? 
Answer: 
Under Article 4 of the Law "On Investment" the St ate guarantees equality of rights of foreign and 
domestic.  In addition, any discrimination based  on citizenship, nationality, language, sex, race, 
religion, place of business or country of origin of the investor or the investment is prohibited.  
Consequently, the preferences listed in the Law ar e offered both to Tajik and foreign investors. 
Question 4 
Law "On Investment":  What are the criteria su bject to which the listed preferences can be 
given?  If these criteria are met, would the preferences be given automatically, or do the 
authorities retain discretion? 
Answer: 
The Law "On Investment" provides for the possibility of preferences provided that they are prescribed 
by the Tax Code and the Customs Code.  If such pref erences are provide for in the legislations they 
are granted automatically to all investors without  any discretion by the Government or any other 
authorities. 
- State Ownership, Privatization and State-trading entities 
Question 5 
Paragraph 30 :  When submitting translated documentation, are there any certification or 
notarization requirements with respect to tr anslations?  Would documents submitted in 
Russian or English be acceptable?  
Answer: 
Yes, there are.  Under the Law "On State Registra tion of Legal Entities and Individual Entrepreneurs", 
the documents submitted for registrati on must be translated into the State language of the Republic of 
Tajikistan (Tajik) whereas translations must be notarized.  These include the following: 
- Decision of the founder to establish a legal entity; 
- Copy of a document confirming the identity of  the head of the executive body of the legal 
entity being established or identity of person au thorized by founder(s) to submit documents, 
along with the authorization, as the case may be; and 
- Copy of a document confirming the identity of fo under(s) for natural persons, or a copy of the 
extract from the appropriate foreign register for legal entities; 
In addition, the copy of the document on registration of a foreign legal entity must be legalized in the 
appropriate procedure.  The legali zation is not required if so provided by international agreements 
binding on the Republic of Tajikistan.  WT/ACC/TJK/23 
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 Question 6 
Paragraph 31 :  Tajikistan states that its 2007 Investme nt Law lifted a requirement on foreign 
enterprises to employ at least 70 per cent of their work force locally.  Is there currently any 
requirement that foreign enterprises employ any minimum percentage of their work force locally?  If so, what is the new required percentage? 
Answer: 
In accordance with Law of the Republic of Tajik istan No. 280 of 22 Febr uary 2007 "On Production 
Sharing Agreements", there is a requirement on foreign enterprises to employ at least 70 per cent of their work force locally.  However this requirement  applies only to investors who are involved in 
searching, exploration and mining in the territory of  the Republic of Tajikista n in accordance with the 
terms of the agreement on production sharing.  Th ere are no such requirements in other areas of 
business activity unless otherwise specified in the in tergovernmental treaties and agreements, signed 
by Tajikistan.  
Question 7 
Paragraph 33 :  The Report notes that "foreign investment  in priority areas had also benefited 
from additional tax relief and other benefits " beyond the VAT and custom duty exemptions 
granted for capital goods.  Could Tajikistan pl ease describe what constitutes a "priority area" 
for foreign investment? Please also descri be what these "other benefits" entail. 
Answer: 
Benefits for "foreign investment in priority ar eas" have been provided for in Law No. 554 of 
10 March 1992 "On Foreign Investments", which ce ased to be effective in 2007 when the new Law 
"On Investment" was adopted.  The current Law "On Investment" or any other legal act does not in 
any way regulate sectors for investment and does not provide for any bene fit based on investment 
sectors.  Any investor is free to decide where to invest.  The Law "On Investment" provides equal guaranties for all investors, regardless of the sector. 
Question 8 
Paragraph 35 :  Since foreign natural persons and legal entities can only "obtain primary land 
use rights without time limit, as is possible for domestic counterparts, by forming a joint 
venture with a domestic partner," doesn't this amount to a de facto  requirement that foreign 
enterprises engage in joint-ventures or have their investments limited to 50 years?  Are there 
any equity limits for the foreign partner in the joint venture?  Would a foreign-owned 
enterprise registered in Tajikistan be considered a foreign legal entity or a domestic legal 
entity?  Also, please specify what cons titutes a "specially protected area." 
Answer: 
Under the applicable Law any legal entity establishe d in Tajikistan by a foreign person alone or as a 
joint venture with local counterpart or the one ow ned wholly or partially by a foreign person is 
deemed to be a domestic legal entity.  Status of such entities is identic al to that of entities 
established/owned by Tajik persons.  Consequently, th ere is no limit for the land use by such entities.  
There are no equity limits for the foreign partner in the joint venture. WT/ACC/TJK/23 
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 Under Law No. 328 of 13 December 1996 "On Specia lly Protected Natural Territories" specially 
protected areas are defined as parts of land or water territories of specific ecological, environmental, scientific, cultural, aesthetic or health related im portance, wholly or partially, permanently or 
temporary, excluded from economic exploitation, wh ich are subject to special protection of the 
Government of Tajikistan.  
Question 9 
Paragraph 42 :  Please provide a status update with respect to restructuring or privatization 
plans for plans for "Barki Tojik," and "certain co mpanies within Tajiktransfaz."  Also, please 
provide further details as to why only "legal persons registered in Tajikistan" were able to participate in the privatization of the Rogun Hydro Power Plan, e.g., may foreign owned 
enterprises registered in Tajikistan participate, and how this and future privatization plans will 
be implemented in a non-discriminatory manner? 
Answer: 
The Individual Plan of Restructuring Barki Tojik was approved by the Resolution of the Government 
of Tajikistan No. 431 of 30 August 2011.  Currently me asures are taken for the implementation of this 
Plan. 
In accordance with the Individual Plan of Restruct uring GUP Tajikgaz, approved by the Resolution of 
the Government of Tajikistan No. 438 of 27 Augus t 2008, the following developments have taken 
place: 
- GUP Tajikgaz has been transformed into Open Joint Stock Company Tajiktransgaz; 
- 15 enterprises that were part of GUP Tajikg az have been transformed into joint stock 
companies; 
- Two enterprises involved in sale of liquefied g as, formerly part of GUP Tajikgaz have been 
sold (privatized); 
- Three companies selling locally produced natu ral gas have been detached from the GUP 
Tajikgaz; and 
- Documents necessary for the sale of state's stock in joint stock companies that were part of 
GUP Tajikgaz have been prepared. 
As it was pointed out in the answer to Question 8 above, under the applicable law any legal entity 
established in Tajikistan by a foreign person alone or  as a joint venture with local counterpart or the 
one owned wholly or partially by a foreign person is  deemed to be a domestic legal entity.  Status of 
such entities is identical to that of entities estab lished/owned by Tajik pers ons.  Consequently, any 
foreign owned enterprise registered in Tajikistan is  eligible to buy shares of the Rogun Hydro Power 
Plant.  There is no discrimination and there w ill be no discrimination between foreign owned and 
locally owned entities. 
Question 10 
Paragraph 43 :  It is stated that television or radio broadcast centres would not be subject to 
privatization "excluding those that could be pri vatized based on the Decision of the Government 
of Tajikistan."  Please explain what criteria wo uld be used to reach any future decisions and 
whether such privatizations would be undertaken in a non-discriminatory manner?   WT/ACC/TJK/23 
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 Answer:  
The particular criteria that would be used to reach  any future decisions on privatization television or 
radio broadcast centres have not been developed yet and no decisions  on privatization were made.  
The Working Party will be informed of any future decision to privatize television or radio broadcast 
centres and the underlying criteria.  Tajikistan conf irms that any such privatizations would be 
undertaken in a non-discriminatory manner. 
Question 11 
Paragraph 48 :  It is stated that "any restrictions on  exports of materials to ensure essential 
quantities of such materials to a domestic pro cessing industry would not operate to increase the 
exports of, or the protection of, such domestic  industry."  Please clarify this statement, 
including as to whether such policies are currently in place and in what legislation.  Also, please 
explain how these or any future restrictions to  this effect would be in compliance with 
WTO obligations? 
Answer: 
The text of paragraph 48 reflec ts Tajikistan's commitment to comply with Article XX of the 
GATT 1994 and in particular with item ( i).  The new Law "On Foreign Trade Activity" will regulate 
the matter of any restrictions to foreign trade in accordance with WTO rules and disciplines.  
The draft Law "On Foreign Trade Activity" has b een submitted to the WTO Secretariat for the 
Working Party review.  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
Question 12 
We would like to encourage Tajikistan to ensure prompt submission of new legislation to the 
Working Party for review.  To our knowledge , a number of laws listed as adopted since 
July 2010 in the Legislative Action Plan (Section III) have not yet been made available, such as 
the Law "On Protection of New Plant Varieties", new Insurance Law and the Law "On Free Economic Zones".  We also note our particular  interest in reviewing on-going amendments to 
the Customs Code and Tax Code. 
Answer: 
Translation of the normative legal acts listed as adopted since July 2010 in the Legislative Action Plan 
(Section III) are available through document WT/ACC/TJK/23/Add.1.  
Amendments to the Customs Code and the Tax Code  are still in the process of final development.  
As soon as they are finalized and become availabl e in English, drafts will be presented to the 
Working Party for review.  
Question 13 
Please provide translated copies of the following legislation: - Law "On Amendments to the Law of the Republic of Tajikistan "On Veterinary""; 
- Law of the Republic of Tajikistan "On Prot ection of Lactation and State control of 
Infant Nutrition"; 
- Amendments to the Law "On Quarantine of Plants"; and WT/ACC/TJK/23 
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 - Changes to the Government Resolution No . 126 with the aim of equalizing excise duty 
rates on distilled alcoholic beverages 
Please provide the translated amendments to the Customs Code that will provide for ex officio  
authority for customs officials for IPR enfo rcement as soon as they are available. 
Answer: 
Regarding providing translated copy of the Law "On Amendments to the Law of the Republic of 
Tajikistan "On Veterinary"" it should be noted that  these amendments were re flected in the new Law 
No. 674 of 29 December 2010 "On Veterinary".  Tran slation of this Law has been distributed in 
WT/ACC/TJK/21/Add.1. 
The draft amendments to the Law "On Quaranti ne of Plants" are available through document 
WT/ACC/TJK/23/Add.1. 
The Law "On Protection of Lactation and State Contro l of Infant Nutrition" has ceased to be effective 
and was replaced by Law No. 221 of 22 December 2006  "On Protection of Natural Infant Nutrition".  
Translation of this Law will be submitted for revi ew prior to the next Working Party meeting.  
Amendments to the Government Resolution No. 12 6 with the aim of equalizing excise duty rates on 
distilled alcoholic beverages and to the Customs Code  are still in the process of final development.  
As soon as they are finalized and become available in  English, drafts will be presented to the Working 
Party for review. 
- Powers of Executive, Legislative and Judicial Branches of Government 
Question 14 
Paragraph 61 :  It is stated that the Ministry of Economic Development and Trade "was assisted 
in these functions by the Customs Authority,  the National Bank and commercial banks."  
Please clarify in the text the relationship between commercial banks and the Ministry of Economy Development and Trade. 
Answer: 
This appears to be an error.  There is and ther e was no relation whatsoever between the Ministry of 
Economic Development and Trade and commercial ba nks in the development and implementation of 
economic and trade policies in Tajikistan.  Ther efore, reference to commercial banks should be 
removed and the last sentence in paragraph 61 should  read as follows:  "The Ministry was assisted in 
these functions by the Customs Authority and the National Bank." 
Question 15 
Paragraph 68 :  Please specify what "certain procedural actions" would be performed by the 
economic courts in Tajikistan in the even t of arbitration under foreign jurisdiction. 
Answer: 
These are the procedures required for deciding on recognition of the decision of arbitration under 
foreign jurisdiction and its subse quent enforcement (if recognized).  WT/ACC/TJK/23 
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 Question 16 
Paragraph 69 :  Please provide the Working Party with an update regarding Tajikistan's 
adoption of the New York Convention on the Recognition and Enforcement of Foreign Arbital 
Awards, including copies of any effective or draft implementing legislation.  
Answer: 
The ratification of the New York Convention on the Recognition and Enforcement of Foreign Arbitral 
Awards is still under consideration.  Consequent ly, there are no relevant effective or draft 
implementing legislation. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights 
Question 17 
We suggest the following commitment text:  
[xx.   The representative of Tajikistan confirmed that from the date of accession, 
Tajikistan would grant any natural or legal  person, regardless of physical presence or 
investment in Tajikistan, the right to be th e importer of record of any product allowed 
to be imported into Tajikistan, at any level of distribution, and that its laws and 
regulations relating to the right to trade in goo ds and all fees, charges or taxes levied on 
such rights would conform fully with its WTO obligations, including Articles VIII:1(a), 
XI:1, and III:2 and 4 of the GATT 1994, Arti cle III of the General Agreement on Trade 
in Services, and Article 63 of the Agreement  on Trade-Related Aspects of Intellectual 
Property Rights.  He also confirmed that full rights to import and to export would be 
granted in a non-discriminatory and non- discretionary manner from the date of 
accession, and any requirements for commercial re gistration or application for the right 
to import or to export would be for cust oms and fiscal purposes only, would not require 
investment in Tajikistan nor confer the right to distribute there, and would not 
constitute a barrier to trade.] 
Answer: 
Tajikistan believes that there is no need to ad opt such an obligation, as the new draft Law 
"On Foreign Economic Activity", contains provisions  governing the right to import.  The draft Law 
has been submitted to the WTO Secret ariat for the Working Party review. 
Question 18 
Paragraph 79 :  It is stated that non-resident foreign ex porters did not need an Identification 
Taxpayer Number (ITN) as long as the importer in  Tajikistan had an ITN.  Can registration for 
an ITN be done via correspondence (e.g. ema il), and does it require a local presence in 
Tajikistan? 
Answer: 
In accordance with the applicable regulations regi stration for ITN cannot be done via correspondence.  
The applicant must be physically present at the tax authority's office to personally submit the ITN 
application.  However, under Articles 210 and 211 of  the Civil Code any interested person may issue WT/ACC/TJK/23 
Page 8  
 
 a power of attorney and authorize any person to  act in his name, including to sign and submit 
necessary documents and to receive ITN.  Currently the draft of the new Tax Code is being developed, which is expected to provide for the possibility to obtain ITN via correspondence. 
Question 19 
Paragraph 84 :  It is stated that proposals to de-link activity licensing from import licensing 
would be "finalized over the course of 2011."   Please provide the Working Party with the 
current status and copies of any such proposals.  
Answer: 
Currently, the Government is considering a draft R esolution of the Government of the Republic of 
Tajikistan No. 172 of 3 April 2007 "On Amendments  to the Resolution of the Government of the 
Republic of Tajikistan "On the Peculiarities of  Licensing Certain Types of Activities"" which 
provides for the separation of activity licensing fr om import licensing to alcoholic beverages.  
As soon as this amendment is approved it will be presented to the Working Party for review.  
Question 20 
Paragraph 88 :  Please explain why it is necessary to pr ovide for seasonal duties on Agricultural 
products in Article 343 of the Customs Code, since it is also stated that Tajikistan has "not 
resorted to the use of any seasonal duties".   
Answer: 
Food security is one of the critical issues of the Republic of Tajikistan and seasonal duties referred to 
in Article 343 of the Customs Code provide the inst rument to regulate implementation of agricultural 
policies and import and export of relevant goods.  Tajikistan di d not use seasonal duties because 
circumstances so far did not warrant their implementation.  
Question 21 
According to the information of Tajikistan's foreign individuals and legal entities wishing to 
import as the importer of record would need to  either establish and register their commercial 
presence in Tajikistan or declare the imported goods through a customs broker.  In accordance 
with Item 3.7 of its General Annex of the Kyoto Convention on the simplification and 
harmonization of custom procedures, any person having the right to dispose of the goods on the customs territory was entitled to act as declar ant. Besides, the representative of Tajikistan 
added that there were no circumstances which requi red imports to be exclusively handled by a 
broker to be allowed entry. 
In this regard we are seeking clarification on the importation procedures of goods by foreign 
entities and individuals.  We would appreciat e detailed information as regards mandatory 
conditions that apply to foreign entities and indivi duals as to importers of record, and to clarify 
whether such a procedure is being applied in accordance with Article III of the GATT 1994.  WT/ACC/TJK/23 
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 Answer: 
Under the applicable Law the use of a customs br oker to declare goods for import or export is not 
mandatory. 
Furthermore, 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.  In the case of a conf lict between the Convention (or any other ratified 
international agreement) and any Law applicable  in Tajikistan 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 
reflected in the Article 126, paragr aph 2, subparagraph 5 of the Cust oms 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. 
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 (importer of r ecord), regardless of its legal status and without 
the need to be commercially present or registered  or in any way established in the Republic of 
Tajikistan.  There is no specific procedure for the importation of goods by foreign entities and 
individuals.  The procedure is the same for dom estic and foreign persons regardless of their 
citizenship or their country of origin (registration).  Tajikistan applies the national treatment regime to 
its full extent. 
A. IMPORT REGULATIONS - Tariff rate quotas, tariff exemptions  Question 22 
Paragraphs 91 and 106 :  Tajikistan's Customs Code exempts, from VAT and custom duties, 
"goods for target projects approved by the Gov ernment of Tajikistan, and funded by grants, 
credits or loans from individuals, foreign States or governments, or international 
organizations."  Please explain what constitutes a "target project" that is eligible for custom 
duty exemptions.  Could Tajikistan please provide examples of target projects, approved by the 
Government, that are exempt from custom duties? 
The report also notes that "agricultural technology ," as identified and listed by the Government 
of Tajikistan, is also exempt from VAT and cu stom duties.  Could Tajikistan please confirm 
that it will notify this program in it s Article 25 notifications to the WTO? 
Answer: 
In accordance with the applicable legislation of the Republic of Tajikistan target project is a project in 
respect of which there is an ag reement conditioning the use of funds provided by the creditor or 
grantor for a goal (project) specified  in such an agreement.  In su ch circumstances in addition to the 
obligation to repay the amount received (except a gran t), there is obligation to ensure the creditor or 
grantor to control the manner and purpose the funds ar e used for.  Target projects are those that have 
higher economic or social importance for the Republic of Tajikistan. WT/ACC/TJK/23 
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 The following are examples of su ch target projects/agreements: 
1. Grant agreements approved by the Decree of the Government of the Republic of Tajikistan 
No. 453 of 17 September 2008: 
 - Grant Agreement between the Republic  of Tajikistan and the World Bank 
(International Development Association)  on additional funding of communal and 
basic healthcare; 
 - Grant Agreement between the Republic  of Tajikistan and the World Bank 
(International Development Association) on th e project of external assurance of food 
security  and import of seed materials; and 
 - Grant Agreement between the Republic  of Tajikistan and the World Bank 
(International Development Association) on th e extraordinary project of assistance in 
reinstating the energy sector. 
2.  Credit agreement between the Government of the Republic of Tajikistan and the Export 
Import Bank of the People's Republic of Chin a on rehabilitation of the road Dushanbe-
Dangara, approved by the Decree of the Govern ment of Tajikistan No. 456 of 5 August 2009. 
3.  Favourable credit agreement between the Gove rnment of the Republic of Tajikistan and the 
Export Import Bank of the People's Republic of China on building the high-voltage (220KV) line Khujand-Aini, approved by the Decree of  the Government of Tajikistan No. 606 of 
23 November 2010. 
Tajikistan confirms that it will notify the program  of VAT and customs duties exemptions in its 
Article 25 notifications to the WTO. 
Question 23 Paragraph 93:  It is stated that "Tariff quo tas had never been applied in practice in the 
regulation of foreign trade in Tajikistan".  Given that is the case, would Tajikistan confirm that 
any tariff rate quotas, if introduced in the future, would be applied and administered in 
conformity with WTO rules and regulations, incl uding MFN and national treatment provisions. 
Answer: 
Tajikistan confirms that any tariff rate quotas, if  introduced in the future, would be applied and 
administered in conformity with WTO rules and regulations, including MFN and national treatment 
provisions. 
- Fees and charges for services rendered  
Question 24 
Paragraph 95 :  Could Tajikistan please explain the nature of "customs escort," and whether the 
use of a customs broker or "specialist" is mandatory?   
Answer: 
Under Article 87 of the Customs Code the customs escort is applicable to means of transport moving 
internally transited goods in order to ensure comp liance with customs legisl ation regulating internal 
transit and to ensure that the goods will be deliver ed to the final customs point, or will be exported  WT/ACC/TJK/23 
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 outside the customs territory on the way to the fi nal destination in another country.  The customs 
escort could be applied in the following situations: 
- If the declarant or holder of goods is not ab le to provide security for payment of import 
duties; 
- If, based on the risk assessment and risk ma nagement analysis, the customs escort is 
warranted for the transited goods; 
- If the person transporting the goods failed de liver any transited goods to the designated 
destination  within one year period preceding the application for internal transit and was 
penalized in the administrative procedure for such violation of customs rules; 
- In case of re-export of goods delivered to th e Republic of Tajikistan by mistake or goods 
whose circulation is prohibited in the Republic of  Tajikistan, if such goods are located away 
from the re-export border crossing; and 
- In case of goods that are subject to prohibitions and limitations in accordance with the 
applicable legislation of the Republic of Tajikistan. 
The use of a customs broker or "specialist" is not  mandatory.  Under the applicable law any person 
has the right to submit documents and goods to the Customs authorities in his/her own name and in 
his/her own behalf.  
Question 25 
Paragraph 99 :  While governments can implement fees in line with the cost of service, please 
explain why it is necessary to charge for customs documents.  
Answer:  
Paragraph 99 of WT/ACC/SPEC/TJK/5 does not refe r to any "customs documents" or charge for 
them.  Under the applicable legislation only the cu stoms clearance fee is collected as explained in 
paragraph 99.  No other fees or charges are collect ed by customs authorities in relation to import or 
export. 
- Value added tax (VAT) 
Question 26 
Paragraph 105:   Please clarify the scope of "cosmetic services" in section (v) and provide 
examples. 
Answer: 
The Tax Code does not provide defi nition of cosmetic services, but in  general cosmetic services could 
be defined as providing procedures used primarily fo r improving appearance rather than for treating 
an illness or disease.  However, in accordance with Ar ticle 2, paragraph 5 of the Tax Code terms used 
therein that are not defined in the Code itself have the meaning defined in other legal acts.  Thus in 
accordance of the General Classification of Economic  Activities of Tajikistan, approved under No. 4 
of 23 April 1999, cosmetic services (Code 9302) include the following: face massage, manicure, pedicure, makeup and other cosmetic procedures.  WT/ACC/TJK/23 
Page 12  
 
 Question 27 
Paragraph 107:  It is stated that there are "no specific criteria for the equipment to be included 
in the list" and thus obtain exemption from VA T and/or customs duties.  Please clarify what 
procedures are in place to ensure that such lists do not operate in a discriminatory manner?  
Answer: 
In accordance with the Decree of the Governme nt of the Republic of Tajikistan No. 589 of 
28 December 2006 the Ministry of Economic Deve lopment and Trade is designated as the central 
executive body responsible inter alia  for development of state policies and their implementation, 
including those related to foreign trade activities.  In addition, the Ministry of Finance and the 
Customs Service participate in developing the stat e policies related to foreign trade activities.  
Consequently, the list of equipment exempted from VAT and/or import duties is discussed, developed 
and agreed jointly by all three ministers/agencies.  The list is then presented to the Government, 
which finally approves it.  Tajikistan believes that implementing such a procedure, which excludes the 
possibility for one person to take a decision, gua ranties that exemption lists do not operate in a 
discriminatory manner.  
- Import licensing systems Question 28 
Paragraph 118 :  Could Tajikistan please provide an updated status regarding its revisions to the 
import licensing system for al cohol, as referenced in paragraph 118 of the Working Party 
Report?  
Answer: 
The necessary amendments to the a ppropriate legislation will be adopted in October 2011 and will be 
effective as of the date of accession of Tajikistan to the WTO. 
Question 29 
Paragraph 119 :  We would appreciate the opportunity to provide input on Tajikistan's "draft 
Law "On Encryption Devices"".  Please provide th e Working Party with a copy of the draft 
Law as soon as possible.  
Answer:  
The draft Law will be finalized by the end of 2011 .  It will be provided for review as soon as it 
becomes available. 
Question 30 
Paragraph 126:  We would also appreciate if Tajikistan could provide an updated status 
regarding the new legislation being developed this year, referenced in paragraph 126 of the 
Working Party Report.  Which of the laws, regulatio ns, etc. listed in Table 8 is this legislation 
intended to replace? 
Answer: 
Table 1 below provides the information required:  WT/ACC/TJK/23 
 Page 13 
 
 
 Table 1:  Status of the Licensing Related Legislation 
 Law Status 
1. Veterinary La w No. 73 of 8 December 2003 Replaced by  the Veterinary Law No. 674 of 
29 December 2010 
2.  Law No. 25 of 12 May 2001 "On the Quarantine 
of Plants"  Amended to include relevant provisions of the SPS 
Agreement-pending Government approval 
3. Law No. 49 of 8 December 2003 "On Providing 
Sanitary-Epidemiological Security of the 
Population"  Amendments being considered 
4. Law "On Quality and Safety of Foodstuffs"  Work under way to prepare draft law that would 
replace the existing one  
5. Law No. 37 "On Licensing of Separate Types of 
Activities"  Will be amended or replaced to meet WTO 
requirements 
6. Regulation No. 172 of 3 April 2007 Concerning 
Importation of Ethyl Alcohol and Alcoholic Beverages Will be amended or replaced to meet WTO 
requirements 
7. Law "On Protection of Nature" Was replaced by the Law No. 760 of 2 August 2011 
"On Protection of Environment"  
 
- Customs Valuation  
Question 31 
Paragraph 130 :  Please update the status of Tajikistan's efforts to incorporate provisions of 
Article 6.2 of the Customs Valuation Agreement in to domestic legislation, including the status 
any relevant draft or implemented legislatio n, and a target date for implementation. 
Answer: 
The draft amendments to the Customs Code that incorporate provisions of the Customs Valuation 
Agreement Article 6.2 is pending Government a pproval.  The amendments will be implemented 
subsequent to the parliamentary passage and the official publication.   
Question 32 
The response to Question 22 of document WT/ACC/TJK/21 (unless otherwise noted, all 
questions refer to WT/ACC/TJK/21)  indicates that amendments to the Customs Code will be 
finalized in the first half of 2011.  Could Tajikistan please provide a status update for these amendments? 
Answer: 
Amendments to the Customs Code are currently  pending Government approval.  Passage by the 
Parliament is expected by the end of 2011. 
Question 33 
The response to Question 28 of document WT/A CC/TJK/21 indicated that Article 360(1)(1) of 
the Customs Code should read:  "sources of info rmation determined by the government of the 
Republic of Tajikistan."  Please clarify what a re the sources of information determined by the 
government of the Republic of Tajikistan. WT/ACC/TJK/23 
Page 14  
 
 Answer: 
There is no legal act issued by the Governme nt that would specifically determine sources of 
information.  However, it is generally understood that sources of information used by the customs 
authorities include newspapers, periodical s, books, brochures, Internet, etc.  
- Rules of origin 
Question 34 Paragraph 137 :  Does Tajikistan require that all importers provide a certificate of origin in 
order to obtain MFN rates of duty?   
Answer: 
Under Article 36 of the Customs Code a certificate of  origin is required if the goods are imported to 
the Republic of Tajikistan from the country to wh ich Tajikistan has granted tariff preferences in 
compliance with the normative legal acts of the Re public of Tajikistan or international legal acts 
recognized by the Republic of Tajikistan.  Howeve r, under Article 131, which provides for the list of 
documents that must be submitted for the im portation of goods, all importers must submit inter alia  a 
certificate of origin. 
If certificate of origin of the goods is not presente d for the good which is imported from the country to 
which Tajikistan has granted tariff preferences in  compliance with the normative legal acts of the 
Republic of Tajikistan or interna tional legal acts recognized by the Republic of Tajikistan, customs 
authority may permit the clearance of the goods (rel ease for free circulation) with the condition of 
levying customs duty on an MFN basis.   
If imported goods are originated from the country to which Tajikistan has not granted tariff 
preferences in compliance with the normative legal acts of the Republic of Tajikistan or international 
legal acts recognized by the Republic of Tajikistan, cer tificate of origin of the goods is not required. 
- Other customs formalities 
Question 35 Does Tajikistan require consular certification or no tarization of documents by consular officials 
in the country of export to be provided to cust oms officials at the time of importation into 
Tajikistan? 
Answer: 
Tajikistan does not require consular certification or notarization of doc uments by consular officials in 
the country of export to be provided to customs offi cials at the time of importation into Tajikistan. 
- Anti-dumping, countervailing duties, safeguard regimes 
Question 36 
We note from paragraphs 144 to 146 on pages 45 to  46 of the Report, Tajikistan has so far never 
applied anti-dumping, countervailing or safeguard measures.  However, it has indicated that 
new detailed provisions on trade remedies would be  drafted in full conformity with the relevant 
WTO rules.  We would therefore ask Tajikistan to ensure that any future implementation of  WT/ACC/TJK/23 
 Page 15 
 
 
 trade remedies is in full conformity with Ar ticle XII and the Explanatory Notes of the 
Marrakesh Agreement Establishing the World Trade Organization, GATT 1994, the 
Anti-dumping Agreement, the SCM Agreement and the Safeguards Agreement, and that each 
and every WTO Member stands separately and equally in any of these proceedings. 
Answer: 
Tajikistan hereby confirms that its relevant legislation and any future implementation of trade 
remedies will be in full conformity with Article  XII and the Explanatory Notes of the Marrakesh 
Agreement Establishing the World Trade Organization, the GATT 1994, the Anti-dumping Agreement, the SCM Agreement and the Safe guards Agreement, and that each and every 
WTO Member stands separately and equally in any of these proceedings. 
Question 37 The Report indicates that "Tajikistan defined subsidies in accordance with the 
WTO Agreement on Subsidies and Countervailing Measures, and the countervailing measures 
regime corresponded substantially  to the relevant GATT/WTO provisions."  We thank the 
Government of Tajikistan for its hard work on full conformity with the related provisions of the 
SCM Agreement. 
It is also stated that "Article 10 of the La w 'On Customs Tariff' provided for the use of 
countervailing measures if the production and export of goods imported into the customs 
territory of Tajikistan had directly or indirectly b een subsidized, and if such exports inflicted or 
threatened to inflict losses on domestic producers of similar goods, or hindered the establishment or expansion of production of si milar goods in Tajikistan."  Could Tajikistan 
elaborate further on what exactly is meant here by the terms "directly" and "indirectly"?  
And, furthermore, could it please explain the relationship between "losses" under Article 10 of 
the Law 'On Customs Tariff' a nd "adverse effects" and "serious prejudice" under Articles 5 
and 6 of the SCM Agreement? 
Answer: 
The Law "On Customs Tariff" has been abolished on 9 December 2004.  Tajikistan has developed 
draft Law "On Foreign Trade Activity", which will re gulate all foreign trade related matters, included 
trade remedies in compliance with relevant WTO Agreements.  The draft Law "On Foreign Trade 
Activity" has been submitted to the WTO Secr etariat for the Working Party review.   
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 38 
Paragraph 151 :  It is stated that export duties are "presently not applied to any goods."  
Given that this is the case, why does Article 182.2 of the Customs Code prohibit export duties 
only on "processed goods"? WT/ACC/TJK/23 
Page 16  
 
 Answer: 
The Customs Code does not establish the rate of impor t or export duties, it just regulates the rules of 
their establishment.  Duties themselves are establishe d and regulated by other legal acts (Resolution 
"On Customs Tariff").  Although export duties are currently not applied to any goods the Customs 
Code provides the rules for their implementation s hould they be introduced in the future (since the 
application of export duties are not prohib ited by the applicable regulations).  
Article 182.1 of the Customs Code should be read in conjunction with other provisions of Chapter 21 
(Processing of Goods in the Customs Territory, Articl es 173 to 186).  These provisions refer to goods 
processed (reprocessed) in the customs territory of the Republic of Tajikistan, i.e. goods initially 
imported duty free into Tajikistan from another count ry, processed (reprocessed) in Tajikistan within 
the specified period of time and subsequently export ed.  These are essentially foreign goods that were 
subject to processing (reprocessing).  Such goods re tain the status of foreign goods during the 
processing since they have never been imported, i.e. import duties have never been paid.  On the other 
hand, goods that are subject to export duties are essentially domestic goods, and countries that 
implement export duties do so in order to protect their natural resources and/or economic interests of 
their economic subjects.  Foreign goods are not and should not be subject to export duties. 
The purpose of Article 182.1 of the Customs Code is to protect any holder of goods which is engaged 
in processing (reprocessing) of the goods in Tajikis tan from any additional expenses or damages in 
case of the introduction of export duties. 
- Export restrictions 
Question 39 
We welcome Tajikistan's indication that it could eliminate requiremen t non-automatic licences 
for ferrous and non-ferrous scrap.  We would like to ask Tajikistan to include in its legislation 
action plan the repealing of the relevant presidential decree.  
Answer: 
Tajikistan accepts the suggestion and will include th e repealing of the relevant legislation in the 
legislative action plan. 
Question 40 
Could Tajikistan provide updated information on the export duties and/or ban currently in 
place?  Background: it was recently reported in the news that Tajikistan plans to introduce 
export duty on cotton (reported on 8 April 2011) and that it banned wool and skin exports (reported on 29 April 2011). 
Answer: 
There is no export duty on cotton and there are no plan s to introduce it.  Export prohibition of wool 
and skin (raw hide) has been temporarily introduced  and will be abolished at the time of accession to 
the WTO.    WT/ACC/TJK/23 
 Page 17 
 
 
 C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidies Question 41 Paragraph 174:  Tajikistan has stated that it would submit a draft subsidies notification in 
April 2011; however, the notification has not ye t been submitted.  Please indicate when the 
Working Party can expect to see this document.  We will not be able to finalize this section 
without the notification. 
Answer: 
Tajikistan will submit the notification prior to the next Working Party meeting. 
- Technical barriers to trade,  standards and certification 
Question 42 
The response to Question 72 of WT/ACC/TJK/21 states that "Poultry meat with dark 
pigmentation indicates infectious disease".  We  do not understand that statement.  If "dark 
pigmentation" refers to bruising, the bruised po rtion or entire carcass would be condemned by 
the Food Safety Inspection Service of the United States prior to export.  If "dark pigmentation" 
refers to "dark meat" (e.g. legs and thighs), there is no scientific evidence that dark meat poses 
any food safety issue beyond that of white meat (i.e. breast meat).  Please provide the scientific 
basis of that statement.  Please provide the regulations or policies that define "dark pigmentation". 
Answer: 
Tajikistan will amend its legislati on to remove prohibition of importation of poultry meat with dark 
pigmentation before the accession to WTO. 
Question 43 
Paragraphs 176 and 179:   Tajikistan has stated it is developing "a new draft Law 
"On Conformity Assessment"" and "Implementin g (normative legal) acts for the new Law 
"On Technical Regulating"".  We would appreci ate the opportunity to provide input on any 
completed or draft legislation or acts, and request  that Tajikistan provide drafts of these Laws 
for Working Party review, if possible.  What is Tajikistan's timeline for establishing the 
compliance of the Law "On Technical Regulating" with the TBT Agreement? 
Answer: 
The new Law "On Conformity Assessment" has b een passed by the Parliament under No. 759 on 
2 August 2011.  Translation of the Law will be subm itted for review prior to the next Working Party 
meeting. 
Amendments to the Law "On Technical Regulating"  have been passed by the Parliament under 
No. 726 of 28 June 2011.  The translation of  the amended Law is available through document 
WT/ACC/TJK/23/Add.1. 
Tajikistan believes that both of the above la ws are compliant with the TBT Agreement. WT/ACC/TJK/23 
Page 18  
 
 Question 44 
Paragraph 185:  Please list Tajikistan's internat ional agreements with countries and institutions 
regarding standards, technical regulations, conf ormity assessment and accreditation and briefly 
describe their provisions.  In particular, indica te those that provide for the acceptance of the 
results of the procedures of other countries' conf ormity assessment bodies.  Please indicate how 
Tajikistan's technical regulating regime accredits domestic and foreign conformity assessment 
bodies.  
Answer: 
Tajikistan has concluded ten intern ational agreements regarding st andards, technical regulations, 
conformity assessment and accreditation procedures.  Table 2 below provides the exhaustive list of 
those agreements and displays their key features: 
Table 2:  List of TBT Related International Agreements 
No. Agreement Key Features 
1. Agreement on Carrying out the Coordinated 
Policy on Standardization, Metrology and Certification of CIS Countries The Parties agreed to carry out coordinated policy aimed 
at harmonization of technical regulations, standardization, metrology and conformity assessment 
(certification) with regard to the following: 
‐ Harmonization of requirements of newly introduced 
inter-state standards with international, regional and 
advanced national standards; 
‐ Mutual recognition of accredite d testing, verification, 
calibration and gauging labora tories (centres), bodies 
responsible for certification,  certificates for products 
and quality assurance systems; and 
‐ International cooperation in harmonization of 
technical regulations, standardization, metrology and 
conformity assessment (cer tification) related areas. 
2. Agreement on the Basis of Harmonization of 
Technical Regulations of the Eurasian 
Economic Community (EurAsEC) Countries The Parties have agreed: 
‐ To apply EurAsEC technical regulations with a view 
of harmonizing the legislation of the member states 
related to technical regulating, protection of life and health of citizens, environment protection, preventing 
from actions misleading consumers and removing 
unnecessary restrictions in mutual trade; and 
‐ To ensure the circulation of products compliant with 
EurAsEC technical regulations within the territories of 
their states without any additional requirements for products and conformity assessment procedures, 
except for state supervision. 
International and regional standards and national technical regulations can be used, fully or partially as a 
basis for developing EurAsEC technical regulations.   WT/ACC/TJK/23 
 Page 19 
 
 
 No. Agreement Key Features 
3. Agreement between the Government of the 
Republic of Tajikistan and the Republic of 
Belarus on Cooperation in Standardization, Metrology and Certifi cation Related Areas The Parties agreed to: 
‐ Mutually recognize state standardization, 
measurement assurance, certification and accreditation systems and ensure harmonization of 
these systems during their development; and 
‐ To recognize state certifica tion bodies of the other 
Party, certificates and ma rks of conformity on 
mutually-delivered products manufactured in either of 
the Parties and certificates issued by certification bodies accredited in national certification systems. 
4. Agreement between the Government of the 
Republic of Tajikistan and the Cabinet of 
Ministers of Ukraine on Cooperation in Standardization, Metrology and Certification 
Related Areas The Parties agreed to: 
‐ Mutually recognize the existing state systems related 
to standardization, measurement assurance and certification; and 
‐ Recognize the accred ited certification bodies, testing 
laboratories and centres of the other Party, the certificates issued by th em and conformity marks 
applied to mutually-delivered products. 
5. Agreement between the Government of the 
Republic of Tajikistan and the Government of Turkmenistan on Cooperation in 
Standardization, Metrology, Certification and 
Accreditation Related Areas. The Parties agreed to develop and strengthen their 
cooperation through: 
‐ Harmonization of existing national systems of 
standardization, measurement assurance, certification 
and accreditation with similar international systems;  
‐ Recognition of test reports, certificates of conformity 
and conformity marks applied to mutually delivered 
products; and 
‐ Accreditation of measuring, testing, verification and 
calibration laboratories and certification bodies on 
mutually agreed terms.  
6. Protocol on Cooperation between 
Tajikstandart Agency and the Standards 
Institute of Turkey. The Parties: 
‐ Agreed to, upon the request the other Party, to provide 
assistance and coordinate requirements related to 
certification of testing laboratories; and 
‐ Confirmed compliance of their national certification 
systems and testing labo ratories according with 
standards EN 45000 and international standards 
(including ISO/IEC 17025). 
7. Agreement between the Government of the 
Republic of Tajikistan and the Government of 
the Republic of Azerbaijan Parties agreed to mutually recognize, in a consistent 
manner: 
‐ Bodies responsible for accreditation of measurement, 
calibration and testing laboratories and centres, as well as laboratories and centres accredited by them 
carrying out verification, measurement, testing and 
calibration of measuring devices, as well as reports 
and certifications issued by them; and 
‐ Certification bodies of the ot her Party, certificates and 
marks of conformity applied to mutually-delivered 
products manufactured in these countries, issued by 
certification bodies accredited by National Certification Systems. 
8. Agreement between the Government of the 
Republic of Tajikistan and the Republic of 
Armenia The Parties agreed to recognize the accredited 
certification bodies, calibration and testing laboratories 
(centres), certificates and ma rks of conformity of the 
other Party applied to mutually-delivered products in a 
consistent manner determined by relevant bodies of the 
Parties. WT/ACC/TJK/23 
Page 20  
 
 No. Agreement Key Features 
9. Memorandum of Understanding between the 
Tajikstandart Agency and the National 
Agency on Standards of Islamic Republic of Afghanistan The Parties agreed to facilitate and accelerate 
cooperation in the following areas: 
‐ Implementation of joint activities associated with 
harmonization in the regulation of bilateral delivery of 
goods and the procedure of their certification; 
‐ Recognition of testing, certification of conformity and 
the conformity mark applied to goods of either Party; 
and 
‐ Recognition of measurements, tests, accreditation of 
laboratories and certification bodies taking into 
account relevant bilateral conditions. 
10. Memorandum of Understanding between the 
Ministry of Economic Development and Trade of the Republic of Tajikistan and the 
Institute of Standards and Industrial 
Researches of the Islamic Republic of Iran The parties agreed to: 
- Apply and develop standardization, metrology and 
certification systems taking into consideration the 
world market requirements compliant with 
international rules and standards; 
- Adopt the existing national standards as well as ISO 
international standards; 
- Carry out coordinated standardization, metrology and 
certification related policies taking into account 
mutual interests in the following areas: 
 - Adoption of common rules applicable to 
standardization, and 
- Ensuring maintenance and use of 
interstate, international, regional and 
national standards of other countries and 
providing them to each of the parties. 
 
Question 45 
We suggest the following commitments to be pla ced in the indicated locations in the Working 
Party text: 
[181bis.  The representative of Tajikistan confirmed that upon request of a WTO 
Member, Tajikistan would consult with that Member on any issue related to the preparation, adoption, or application of sta ndards, technical regulations or conformity 
assessment procedures which might have a ne gative impact on international trade.  
The Working Party took note of these commitments.]  
187bis.  The representative of Tajikistan further confirmed that, from the date of 
accession, Tajikistan would use relevant guides or recommendations, developed in accordance with the Decision of the Commi ttee on Principles for the Development of 
International Standards, Guides and Recommen dations with relation to Articles 2, 5 
and Annex 3 of the Agreement, as the basi s for conformity assessment procedures in 
accordance with Article 5.4 of the TBT Agreem ent.  In addition, pursuant to Article 6.1 
of the TBT Agreement, Tajikistan would a ccept, whenever possible, the results of 
conformity assessment procedures in oth er Members, even when those procedures 
differed from its own, provided Tajikistan wa s satisfied that those procedures offered an 
assurance of conformity with applicable tec hnical regulations or standards equivalent to 
its own procedures.  To this end, Tajikist an would amend its laws and regulations to 
ensure that, from the date of accession, its conformity assessment procedures reflected 
options for achieving confidence in the tec hnical competence of bodies located in the 
territory of other WTO Members to perfor m conformity assessment and have their 
results accepted by Tajik authorities.  Such options would include:  the conclusion of an  WT/ACC/TJK/23 
 Page 21 
 
 
 agreement with a conformity assessment body  in another Member (e.g., accreditation 
bodies; certification bodies, laboratories); acceptance of the results of conformity 
assessment procedures within international product testing and certification systems of 
which Tajikistan is a participant; the acceptance and non-discriminatory consideration of applications for accreditation from co nformity assessment bodies located in other 
WTO Members and the acceptance of conformi ty assessment results from conformity 
assessment bodies recognized by Tajikistan ; and other means of recognition of 
equivalent procedures.  The Working Party took note of these commitments.]   
[188bis.  The representative of Tajikistan confirmed that, from the date of accession, 
Tajikistan would not use standards, techni cal regulations or conformity assessment 
procedures in a manner that would be restrict ive to international trade, prohibitive to 
imports, and discriminatory of individual ex porters and suppliers, and that Tajikistan 
would ensure that standards and technical regulations apply equally and in a non-discriminatory fashion to domestic products and to pr oducts imported from WTO 
Members, CIS countries and non-CIS countries alike.  In addition, from the date of 
accession, Tajikistan would prepare, adop t, and apply standards and technical 
regulations and conformity assessment pr ocedures only in conformity with the 
TBT Agreement.  The Working Party took note of these commitments.] 
Answer: 
Tajikistan accepts the commitment language as suggested. 
Question 46 
Law "On Standardization": Article 11.3, "Dev elopment and Approval of State Standards", 
mentions that payment for the draft standard shal l, apart from delivery costs, be equal for both 
foreign natural persons and legal entities a nd natural persons and legal entities of the 
Republic of Tajikistan".  A Member believes that draft standards should be provided free of cost to the public. 
Answer: 
Tajikistan believes that the TBT Agreement does not prohibit charging the fee for draft standards and 
that provision of Article 11.3 precisely reflects Item M of the Code of Good Practice for the Preparation, Adoption and Application of  Standards (Annex 3 to TBT Agreement). 
- Sanitary and phytosanitary measures  
Question 47 
Could Tajikistan inform of its intention to introduce in full the MRLs or tolerances for 
chemical-commodity combinations, based on  the Codex Alimentarius recommendations?  
What are the timeframes set up by Tajikistan  to progressively implement the Codex limits? 
Answer: 
The process of introduction of MRLs tolerances based on Codex Alimentarius has already begun 
regarding radiation and pesticides. Tajikista n intends to finalize the process by 2013.  WT/ACC/TJK/23 
Page 22  
 
 Question 48 
Could Tajikistan explain the structure and in ter-agency cooperation in the area of pest 
management? 
Answer: 
The State Agency for Plant Protection and Agricult ural Chemization has been established within the 
Ministry of Agriculture.  The Agency has its regi onal branches.  The Agen cy cooperates with the 
State Unitary Enterprise "Fight Against Locusts", which provides annual report for the Agency on the 
monitoring of locusts spread and areas of thei r oviposition.  Based on such reports and with 
participation of relevant scientific institutions the Agency develops shor t term and long term 
forecasts.  In addition, experts from relevant scien tific institution participate in identification of 
decease causative agents and pests and developing means to fight them.  
Question 49 
Tajikistan explained that the determination on  how much weed seed will cause a shipment of 
grain to be rejected is made based on IPPC standards.  Which are these IPPC standards used? 
Answer: 
Under Article 11 of the Law "On Plant Quarantine" importation of the material subject to quarantine 
control, including grain, contaminated by weed is prohibited.  Therefore, there is no minimum 
quantity of weed that would be acceptable.  Any quan tity of weed detected in the shipment of grain 
would cause the import of shipment to be prohibited and the grain in question to be returned or destroyed.  
Question 50 
We welcome Tajikistan's membership of the IPPC as of April 2010.  What is the timeframe for 
aligning its import policies for plants and plant products with IPPC recommendations? 
Answer: 
In the effort to align its import policies for plan ts and plant products with IPPC recommendations 
Tajikistan has prepared amendments to the Law "O n Plant Quarantine", which is expected to be 
adopted until the end of 2011.  By the end of 201 2 necessary sublegal acts (implementing regulations) 
will be developed and the process of bringing the practices in line with IPPC recommendations will 
be finalized. 
Question 51 
What sources of information does Tajikistan u se when assessing the epizootical status of a 
country as a key criterion to approve or deny import permits? 
Answer: 
Tajikistan uses OIE periodical publications as a key criterion when assessing the epizootical status of 
a country to approve or deny import permits.   WT/ACC/TJK/23 
 Page 23 
 
 
 Question 52 
Does Tajikistan use methyl bromide as a fumigat ion agent?  If no, since when has Tajikistan 
prohibited its use and application? 
Answer: 
Tajikistan does not use methyl bromide as a fumigation agent since 2000. 
Question 53 What kind of information do the Veterinary  Service and the Phytosanitary and Plant 
Quarantine Service put on their respective websites? 
Answer: 
On the website the Phytosanitary and Plant Quaran tine Service (www.ftosanitariya.tj) copies of all 
normative legal acts that regulate importation or exportation of goods subject to phytosanitary control 
are available.  Veterinary Service does not have its own website; however re levant information and 
copies of all normative legal acts that regulate importation or exportation of goods subject to 
veterinary control are available at the website of the Association of Veterinaries of Tajikistan 
(www.tva.tj).  
Question 54 Tajikistan has indicated its willingness to recons ider banning the import of poultry meat with 
dark pigmentation.  When does Tajikistan envi sage removing this ban? Does Tajikistan know 
the disease responsible for such dark pigmentation? 
Answer: 
The ban of import of poultry meat with dark pi gmentation will be abolished by the before the 
accession to the WTO. 
Question 55 
Could Tajikistan update on the state of adopti on of amendments to the Law "On Quality and 
Safety of Foodstuffs", Amendments to the Law "On Plant Quarantine" and the Law "On Plant Protection"? 
Answer: 
Amendments to the Law "On Quality and Safety of Foodstuffs" are still work in progress. 
Amendments to the Law "On Plant Quarantine" a nd the new Law "On Plant Protection" have been 
developed and are pending Government approval.  
Question 56 
According to paragraph 195, the representative of Tajikistan stated that "the new Plant 
Quarantine Law had been adopted to comply with WTO requirements."  We would appreciate 
more details from Tajikistan of the quarantine requirements and procedures for imported plant 
products and live plants, including the applicat ion procedures for import  permits, the enquiry WT/ACC/TJK/23 
Page 24  
 
 system for quarantine requirements, and the re lated regulations and procedures for on-arrival 
inspection and post-entry quarantine. 
Answer: 
Paragraph 195 refers to the Law No. 498 "On Pl ant Quarantine" of 26 March 2009, which was 
distributed in document WT/ACC/TJK/21/Add.1.  This Law prescribes requirements for import and 
export of quarantine materials.  In the meantime  amendments to the Law "On Plant Quarantine" 
intended to bring into compliance with WTO require ments have been developed, which are pending 
Government approval.  The translation of the draft Law "On Amendments to the Law "On Plant 
Quarantine"" is available through document WT/ACC/TJK/23/Add.1. 
Implementing regulations necessary to bring practices into compliance with IPPC requirements, 
which will contain procedural requirements for import live plants and products of plant origin, will be 
developed by the end of 2012 based on the amended Law and IPPC recommendations.  
Question 57 
We are seeking additional information concerning legislation requirements on: - state control and supervision of safety and quality of veterinary drugs and animal feeds; 
- state registration procedure of veterinary drugs and animal feeds; and 
- payment order and fees for state registratio n of veterinary drugs and animal feeds. 
Answer: 
The key Laws that regulate state control and superv ision of safety and quality of veterinary drugs and 
animal feed include Veterinary Law, Law "On Me dicaments and Pharmaceutical Activities" and the 
Law "On Certification of Specific Activities". 
State registration of veterinary drugs and anim al feeds is performed in accordance with the 
Government Decree on the System of Certification of Veterinary Drugs and Zoo-hygienic remedies, 
Objects of Zoo-hygienic Use and Feedstuffs and F eedstuff Supplements in the Republic of Tajikistan. 
The following is required for the registration: 
- Application in writing containing the request to the Center for State Control of Veterinary 
Drugs (CSCVD) to examine and register (re-register) a veterinary drug or a feedstuff; 
- Information on experimental analysis with the r esults of applicant's own research that must 
contain detailed description of the applied research methods; 
- Results of experimental check of the effectiven ess of the veterinary drug signed by veterinary 
specialists and duly stamped; 
- Draft instructions (temporary instructio ns) for the use of a veterinary drug; 
- Draft technical requirements for the test batch (for domestic products) or draft quality 
requirements with control methods  (for imported products); and 
- Specimens from three batches of  the medicine in a ready for sale package in a quantity that 
will allow three full quality tests (in accordance with draft quality requirements) and standard 
samples.  WT/ACC/TJK/23 
 Page 25 
 
 
 Documents needed for the registration of ve terinary biological drugs are the following: 
- Application in writing containing the request to the Center for State Control of Veterinary 
Drugs (CSCVD) to examine and register (or re-register) a drug; 
- Information on experimental analysis with the r esults of applicant's own research that must 
contain detailed description of the applied rese arch methods (with indication of sensitivity), 
research quantities and results; 
- Results of panel tests of two to three laboratory test samples of a drug; 
- Draft program of examination of manufacturing and control strains; 
- Strains of microorganisms used to prepare the drug with detailed information specific for such 
a strain; 
- Draft instructions (temporary instructions) for the use of a drug (technical requirements for 
the test batch) for domestic products, or methods of control for imported drugs; 
- Report on stability based on which shelf lif e of the drug would be determined; and 
- Specimens from three batches of  the medicine in a ready for sale package in a quantity that 
will allow three full quality tests (in accordance with draft quality requirements) and standard 
samples. 
All documents must be submitted in two copies. The procedure for the state registration of veteri nary dugs and feedstuffs includes the following 
stages: 
1. Submission of the application for the registration to the State Veterinary Service of the 
Republic of Tajikistan; 
2. Review of the application by the State Veterinary Service; 
3. The State Veterinary Service refers the exam ination of documents and the veterinary drug 
and/or feedstuff to the Center for State Veterinary Control; 
4. Payment of fees by the applicant for th e review of documents and examination; 
5. Examination by the Center for State Veterinary Control; 
6. Submission of results of the examination by the Center for State Veterinary Control to the 
State Veterinary Service; and 
7. State Veterinary Service registers the drug/feed stuff and issues the certificate to that effect to 
the applicant. 
The applicable fees are listed in Tables 3 and 4 below. 
Table 3:  Schedule of Fees for Services Related to Examination and Testing of Veterinary Biological 
Preparations and Drugs Subject to registration or Re-registration in the Republic of Tajikistan 
Denomination Registration 
US$ Re-registration 
US$ 
Biological preparations 400 500 200 250 
Dugs 300 350 150 175 
Vitamins 300 350 150 175 
Washing preparations against 
parasites 300 450 151 225 
Anti-parasitic and 
antivermicular drugs 300 450 150 225 
Deratization agents 300 250 150 125 
Cleansing agents 100 150 50 75 
Zoo veterinary goods 100 150 50 75 
 WT/ACC/TJK/23 
Page 26  
 
 Table 4:  Fees for State Registration of Veterinary Drugs 
Service Fee (in Somoni) 
For domestic 
applicant For applicant from 
CIS countries For foreign 
applicant 
Registration of veterinary drugs 11.38 113.79 227.5 
Re-registration of veterinary drugs 6.82 68.27 113.7 
Issuance of the copy of  the certificate of the 
state registration (re-regist ration) of veterinary 
drugs  45.51 45.51 45.51 
Please note that the exchange rate is US$1 = 4.8 Somoni. 
Question 58 
We request clarification from Tajikistan concerning the state registration policies and 
procedures for new food products, materials a nd articles manufactured locally or imported and 
its consistency with the GATT 1994 provisions including those contained in the SPS Agreement. 
Answer: 
According to Article 14 of the Law No. 49 of 8 December 2003 "On Sanitary and Epidemiological 
Safety", manufacturing, application (use) and circul ation of foodstuffs, food additives, food related 
raw materials, as well as materials and products that  may come in contact with such products, are 
allowed if it was determined that they comply w ith sanitary norms and regul ations, and appropriate 
certificate issued to that effect. 
Products that do not meet sanitary norms and regula tions and pose a threat to human health will be 
removed from the production or sale without delay, based on a decision of a state authorized body. 
The procedure for state registration of new food product s or materials is regulated by Article 10 of the 
Law No. 54 of 10 May 2002 "On the Quality and Safety  of Foodstuffs".  The registration involves the 
following: 
- Examination of documents submitted by the manuf acturer or supplier, which confirm their 
compliance with regulatory requirements, conditions of production or supply, as well as the results of their tests if required; 
- Introduction of food, materials and products a nd their manufacturers and/or suppliers in the 
State Register of Food Materials and Produc ts, which are allowed for manufacturing, 
importation and sale in the Republic of Tajikistan; and 
- Issuing the applicant a certificate of state registration of food, materials and products, which 
allow manufacture, importation and circulati on of food, materials and products in the 
Republic of Tajikistan. 
The state registration of food, materials and produc ts and the introduction of the State Register is 
performed by the authorized body on state sanitary  and epidemiological inspection in conjunction 
with the authorized body for state veterinary supervision. 
The state registration of several types of food, ma terials, and products unde r one name or multiple 
registration of the same type of food, materials, and products is not allowed. 
Identical registration procedures are applicable to  both locally manufactured and imported foodstuffs, 
materials and products.  WT/ACC/TJK/23 
 Page 27 
 
 
 Question 59 
We request additional information on the norm ative legal base for circulation and mandatory 
labeling of genetically modified products for today. 
Answer: 
There are no laws and regulations effective currently  in Tajikistan that woul d regulate circulation and 
mandatory labeling for genetically modified products.  
Question 60 
In Chapter 5, Article 29, number 4 of the Veterina ry Law:  Tajikistan requires that each animal 
shall, from the date of its birth, have indi vidual personal passport, which will accompany it up 
to the moment of its death (sla ughter).  This is not a reasonable requirement; passports should 
be limited to special circumstances (e.g., horses).  Tajikistan should allow flexibility and allow 
animals to be identified in other systematic mean s including tattoo, micro-chip, ear tags, etc.   
Answer: 
Tajikistan admits that the Veterinary Law,  although developed ta king into account OIE 
recommendations, failed to provide for more flexible sy stem of animal identification.  Tajikistan will 
amend the Veterinary Law to allow for other mean s, including tattoo, micro-chip, ear tags, etc. 
Question 61 
Law "On Quality and Safety of Food", Article 2:   Please verify whether every product requires 
a quality certificate as well as a safety certificate.  If that is not the case, please provide a list of 
all commodities that require regulatory document ation.  This requirement appears to be 
extremely onerous and would encourage the u se of smuggling and/or bribery to avoid 
enforcement without any public health benefits .  Would Tajikistan also provide a list of 
commodities for which there are specific grading requirements?  
Answer: 
Under the current Law "On Certification of Goods and Services" foodstuffs are subject to mandatory 
certification in accordance with the list issued by the Government, which is available at the website of 
Tajikstandart (www.standard.tj).  However, this  system is undergoing reform.  The new Law 
"On Conformity Assessment" has been adopted, wh ich will come into effect on 1 January 2013, 
which will abolish the Law "On Certification of  Goods and Services".  Based on the new Law 
"On Conformity Assessment" the system will be brought  in line with best international practices. 
Tajikistan will keep the Working Party posted of any changes.   
Under the Law "On Providing Sanitary Epidemiol ogical Safety of the Population" foodstuffs are 
subject to epidemiological examin ation in accordance with list issued  by the Ministry of Health.  
This list is currently being devel oped and once adopted will be available at the website of the Ministry 
of Health (www.health.tj).  WT/ACC/TJK/23 
Page 28  
 
 Question 62 
In Article 2, there are no references to pathogens,  mycotoxins, or contaminants with respect to 
foods.  Further there are no references to legislat ion that identifies the maximum residue levels 
for these chemicals in food.  Please identify any to lerances that are not harmonized with those of 
the Codex Alimentarius or the World Organization for Animal Health (OIE). 
Answer: 
The list of pathogens, mycotoxins, or contaminants  and maximum residue levels for these chemicals 
in food is in the process of development.  Thus far the list of microbiological, chemical-toxicological 
and radioactive indicators for meat and meat produc ts, poultry meat, eggs and products thereof has 
been developed.  Translation of this list will be  submitted for review prior the next Working Party 
meeting.  The rest will be submitted for review as soon as it becomes available. 
Question 63 
Article 4 on "Sales Ability of Food Products, Ma terials and Items" states that food with no 
established expiration dates is not eligible for sale .  Does this include fresh fruit and vegetables?  
For standards on date marking for pre-package d foods, we recommend referring to the General 
Standard for the Labelling of Pre-packaged Foods (CODEX STAN 1-1985). 
Answer: 
No it does not.  Tajikistan thanks for the r ecommendation and will take CODEX STAN 1-1985 into 
consideration when developing its practices rega rding on date marking for pre-packaged foods. 
Question 64 
Article 10 on State registration of Food Pro ducts, Materials and Items states, "New food 
products, materials and items produced and manufactured in Republic of Tajikistan, food 
products, materials and items imported in the Repub lic of Tajikistan for the first time shall be 
subject to state registration."  How does Tajiki stan define "new food"?  Furthermore, in 
Article 10, what does an "approval of their compliance standards" mean?  Will this registration be automatic?  In addition, the article states th at "State registration of numerous kinds of food 
products, materials and items under the same titl e is unexceptional."  Can Tajikistan further 
clarify that statement? 
Answer: 
The Law does not provide a definition of "new food".  However, it is understood to mean food or food 
products that is produced or impor ted in Tajikistan for the first ti me.  "Approval of their compliance 
standards" means assessment of conformity of th e new food product with the requirements of any 
mandatory standards.  The registration is not automatic.  
The last comment in the question refers to an issue caused by a translati on error.  The correct 
translation should read as follows: "State regist ration of more than one kind of food products, 
materials and items under the same name shall be prohibited".  Tajikistan apologizes for the error. 
Question 65 
In the last paragraph of Article 12, it states, "I n the event if such breaches are committed by the 
manufacturer, he must instantly suspend producti on of food products, materials and items, and  WT/ACC/TJK/23 
 Page 29 
 
 
 report to state inspection and control authorit ies of the respective location."  Does this 
paragraph apply to imports or does it  apply to domestic products only? 
Answer: 
This paragraph applies to domes tic products/manufacturers only. 
Question 66 
Paragraph 5 of Article 16 states, "Draft technica l documents and test samples of new products 
made of food stock of animal origin shall be subject to veterinary and sanitary appraisal."  
What is considered to be a new animal product?  
Answer: 
"New animal product", is a product made of raw ma terial of animal origin that is produced or 
imported in Tajikistan for the first time. 
Question 67 
Article 17 on "Quality and Safety Requi rements of Food Products…" states that 
"In manufacturing food stock it is acceptabl e to use fodder supplements, animal growth 
stimulators, including hormones, pharmaceutica ls, pesticides, agrichemicals" and it also 
mentions "In manufacturing baby food, dietary f ood it is unacceptable to use food stock, made 
with fodder supplements, animal growth stimul ators (including hormones), certain types of 
pharmaceuticals, pesticides, agrichemicals and other substances harmful to human health."  
Can Tajikistan define the difference?  If a subs tance is declared safe for human consumption, 
why is there a distinction between what is allowed in food and baby food? 
Answer: 
The first provision allows for the use fodder supplements, animal growth stimulators, including 
hormones, pharmaceuticals, pesticides, agrichemicals that have been subject to state registration.  
The second provision refers to food intended for children and adults requiring special care and 
explicitly prohibit use of  certa in types of pharmaceuticals, pesticides, agrichemicals and other 
substances that are proven to be harmful to  human health if found in such foods. 
Question 68 Paragraph 7 of Article 17 states, "Prior to marketing a new food product for sales and 
consumption, the manufacturer must submit a rel evant authority on standardization, metrology 
and certification a set of approved technical regulat ory documents to be integrated in the state 
register after having coordinated it with all mi nistries and agencies."  Would Tajikistan specify 
what these documents are and the scientifi c standards used to make approvals? 
Answer: 
It can be international standards, which are approved as national standards and included to the 
register, as well as new state standards for new types of food. WT/ACC/TJK/23 
Page 30  
 
 Question 69 
Paragraph 5 of Chapter 21 states, "In the event if officials of state standardization, certification 
and metrology agency involved in state sanitary a nd epidemiology surveillan ce, state veterinary 
inspection and state plant quarantine inspection have reasonable doubt about safety of such 
food products, materials and items, above officials shall decide on temporary terminating 
import execution of such food products, material s and items over to the Republic of Tajikistan." 
- Should one shipment of a project not meet Taji kistan's safety criteria, will the order to 
deny entry into Tajikistan apply only to th e cargo of concern, all cargoes handled by the 
same exporter, or all simila r cargoes (for example, peanut butter) even though they 
come from different suppliers in different locations?  
- How does the importer (or exporter) challe nge a determination to deny entry of a 
product into Tajikistan? 
Answer: 
The order to deny entry into Tajikistan applies only to the cargo of concern. 
The importer (or exporter) has the right to appeal the decision to deny entry of a product into 
Tajikistan in the proceedings prescribed for lodgi ng appeal against any administrative decision.  
For details on appeal procedure please see answ er to Question 34 in document WT/ACC/TJK/21. 
Please note that the new Law that would regulate food safety, which will bring the food safety system 
in line with best international practices, is being developed.  The Working Party will be informed of 
any new developments. 
- Free zones, special economic areas 
Question 70 
Paragraphs 209-210:  The Report states that goods imported or exported from Tajikistan's free 
economic zones were not subject to customs duti es and internal taxes.  However, the goods 
would be subject to normal tariffs, taxes and ot her customs requirements "if sold elsewhere in 
Tajikistan."  The Report also notes that Ta jikistan's new Law "On Free Economic Zones" 
provides import duty relief "for goods imported  that were used for export or consumption 
within the zone."  Could Tajikistan please clar ify whether only some or all of the benefits 
provided within the free economic zones are ea rned only with respect to goods that are 
consumed within the zone or ultimately exported? 
Answer: 
Tajikistan confirms that all the benefits provided within the free economic zones are applicable only 
to goods that are consumed within  the zone or ultimately exported. 
- Transit 
Question 71 
Paragraph 219 :  Please describe the provisions of the "Agreement on Unified Transit 
Conditions via Territories of Customs Union Member States" of 22 January 1998 and explain to 
what extent, if any, Tajikistan's participatio n in this agreement impacts its legislation or 
practices in the area of Trade in Transit.   WT/ACC/TJK/23 
 Page 31 
 
 
 Answer: 
In accordance with Article 10 of the Constitution of the Republic of Tajikistan ratified international 
agreements are integral part of the internal lega l system and as such are directly implemented.  
In addition, in case of the conflict of laws ratifie d international agreements take precedence over any 
domestic laws/regulations.  Consequently, provi sions of the "Agreement on Unified Transit 
Conditions via Territories of Customs Union Member States" of 22 January 1998 are directly 
implemented.  The Agreement provides for princi ples of free transit of goods and facilitation of 
international transport of goods regardless of  means of transport through harmonization and 
unification of customs procedures, thus removing obstacles and creating fa vourable conditions for 
transit and trade.  Tajikistan believes in free trans it and trade in accordance with international law and 
implements in good faith all of the above principles in its legislation and practices.  
- Agricultural policies 
Question 72 We request more information on the current govern mental agricultural policy, its principles, 
strategy and priorities for the future developmen t, specifically related to foreign trade in 
agricultural products. 
Answer: 
The current agricultural policy of the Government of the Republic of Tajikistan is directed on 
improvement of well-being of the pe ople, development of a rural area and provision of food safety of 
the country.  The strategy of agricultural policy is  a successful transformation of agricultural sector of 
the country to more effective, highly profitable sector of economy providing growth of a national 
economy and development of mutually advantageous international trade. 
In development of international trade in agricultura l products the Republic of Tajikistan adheres to the 
following main principles: trade without discriminati on; a national treatment principle; transparency 
on trade. 
The major strategy of the Government of the Repub lic of Tajikistan in development of foreign trade 
in agricultural products is:  
- creation of a favorable investment climate and a business environment by harmonization of 
legislative base of the state with th e international normative legal acts;  
- membership in the international organizations; - simplification of export-import procedures; and - development of the infrastructure providing development of foreign trade and scientific 
capacity. 
Priority directions of the Government of the Re public of Tajikistan for th e future development of 
foreign trade in agricultural products are: deve lopment of cotton growing, fruit-and-vegetable 
complex, animal industry, poultry farming and sectors of industrial processing of agricultural products. WT/ACC/TJK/23 
Page 32  
 
 V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
GENERAL - Participation in international intellectual property agreements Question 73 Paragraph 233:   We suggest the following text alternative: 
 [Tajikistan was a Party to the Universal Copyright Convention since 1992.  It had 
acceded to the Berne Convention for the Prot ection of Literary and Artistic Works in 
March 2000; the Rome Convention on the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Or ganizations in May 2008; and the WIPO 
Copyright Treaty in April 2009.  Tajikistan deposited its instrument of accession to the 
WIPO Performances and Phonograms Treaty on 24 May 2011 and the treaty will enter 
into force on 24 August 2011.  The Division for Copyright and Related Rights was considering and preparing the accession of Tajikistan to the Convention for the 
Protection of the Interests of Producers of  Phonograms from Illegal Broadcasting of 
their Phonograms (the Geneva Convention); and the Convention Relating to the 
Distribution of Programme-Carrying Signal s Transmitted by Satellite (the Satellite 
Convention).] 
Answer: 
Tajikistan accepts the suggestion.  However, due to the fact of Tajikistan's accession to WIPO 
Performances and Phonograms Treaty , Tajikistan suggests the following text which would reflect the 
current situation: 
 [Tajikistan was a Party to the Universal Copy right Convention since 1992.  It had acceded to 
the Berne Convention for the Protection of L iterary and Artistic Works in March 2000; the 
Rome Convention on the Protection of the Rights of Performers, Producers of Phonograms and Broadcasting Organizations in May 2008; a nd the WIPO Copyright Treaty in April 2009: 
and the WIPO Performances and Phonograms Treaty on August 2011.  Tajikistan is 
considering and preparing documents for the accessi on of Tajikistan to the Convention for the 
Protection of the Interests of Producers of Phonograms from Illegal Broadcasting of their 
Phonograms (the Geneva Convention); and the Convention Relating to the Distribution of 
Programme-Carrying Signals Transmitted by  Satellite (the Satellite Convention).] 
Question 74 
Concerning the response to Question 86 of WT/ACC/TJK/17:   We note that much scientific 
research has a commercial objective: 
Question 86:  We note that much scienti fic research has a commercial objective.  
Does Tajikistan consider scientific research in volving an invention to be in line with 
Article 30 of the TRIPS Agreement?  Please explain.  We look forward to the opportunity to review revisions to the law on  inventions, as well as the law covering 
protection of undisclosed information.  WT/ACC/TJK/23 
 Page 33 
 
 
 Answer: 
Tajikistan agrees that much scientific research has a commercial objective in developed countries 
where scientific research is predominantly priv ately funded with the prospect of subsequent 
commercialization of the results of such research. Tajikistan, on the other hand, is a developing 
economy where the commercially inspired research al most does not exist.  The exception provided in 
the Law "On Inventions" is solely intended to help development of scientific research in Tajikistan.  
Tajikistan, therefore, believes that provision of Artic le 31 of the Law "On Inventions" is in line with 
Article 30 of the TRIPS Agreement.  
Amendments to the Law "On Inventions" and provisions covering protection of undisclosed 
information are being prepared and will be submitte d for review as soon as they become available. 
SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES FOR THE 
ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS 
- Copyright and related rights Question 75 Paragraph 240:   We suggest the following text alternative:  
[The representative of Tajikistan said that Law No. 726 of 13 November 1998 
"On Copyright and Related Rights", as amended in 2003, 2006 and 2009, governed copyright protection in Tajikistan.  Tajikistan had been a member of the Berne Convention since 2000, the Rome Convention since 2008 and the WIPO Copyright Treaty since 2009.  Tajikistan depo sited its instrument of accession to the 
WIPO Performances and Phonograms Treaty on 24 May 2011 and the treaty will enter 
into force on 24 August 2011.] 
Answer: 
Tajikistan accepts the suggestion.  However, due to the fact that its accession to the WIPO 
Performances and Phonograms Treaty has become ef fective in the meantime, Tajikistan proposes the 
following text, which would reflect the current situation: 
 "The representative of Tajikistan said that  Law No. 726 of 13 November 1998 "On Copyright 
and Related Rights", as amended in 2003, 2006 and 2009, governed copyright protection in 
Tajikistan. Tajikistan had been a member  of the Berne Convention since 2000, the 
Rome Convention since 2008, the WIPO Copyright Treaty since 2009 and the WIPO Performances and Phonograms Treaty since 24 August 2011." 
Question 76 
Paragraph 241:   We suggest the following text alternative:  
[In accordance with Articles 5 and 6 of th e Law "On Copyright and Related Rights", 
protection was extended to "scientific, literary  and artistic works that were the product 
of creative work, regardless of the purpose,  the merit and the manner of expression 
thereof".  Copyright protection was provided to authors of oral works (speeches, 
reports, etc.); literary works (scientific, e ducational, including computer programmes of 
both source text and objective code); dramatic and dramatic-musical works; choreographic works and pantomimes; musica l works; audio-visual works; works of WT/ACC/TJK/23 
Page 34  
 
 figurative art (painting, sculpture, ornamental arts and crafts, etc.); works of 
architecture; photographic works; maps ; derived works, and collections.] 
Answer: 
Tajikistan accepts the suggestion. 
Question 77 
Paragraph 242:   This paragraph notes that works, who se term of protection of 25 years had 
expired before the entry into force of the new Law in 1998 had become public property and also that a work would only be protected if it had not fallen into the public domain.  How would this 
impact a foreign work or phonogram that had been created in 1968, more than 25 years before 
1998?  To be clear, if a work was still protected in  its country of origin when Tajikistan adhered 
to Berne/amended its term, but was not protected in Tajikistan because the term of copyright 
had expired in Tajikistan, would that work be protected in Tajikistan?  
Answer: 
The Law "On Copyright and Related Rights" has been amended in 2009 to comply with 
Berne Convention and to address the issue of retroac tive protection.  Paragra ph 2 of Article 4 provides 
for protection of foreign authors' works whose term of protection did not become public domain in the 
country of origin  as a result of expiration of term of validity of a copyright in such a country.  
This provision complies with Article 18.1 of the Berne Convention and Article 70.2 of the 
TRIPS Agreement.  In the example above, a foreign work or phonogram that had been created in 1968 
will be protected in Tajikistan. 
Question 78 
Thank you very much for providing a copy of the Law of the Republic of Tajikistan "On the 
Copyright Law and Related Rights", as amende d in 2006 and 2009.  We have reviewed the Law 
and have the following questions: 
 Article 3, Definitions: 
 Definitions 4, 6, and 7, Record/Reproduction of a Work/Phonogram:  Article 9 of the 
Berne Convention provides the author the ex clusive right of authorizing reproduction in 
any manner or form , and Article 14 of the TRIPS Agreement provides that producers of 
phonograms the right to authorize or prohibit the direct or indirect  reproduction of their 
phonograms.  The definition in Tajikistan's law limits the reproduction right to reproductions in any material  form or on any material media, including permanent or 
temporary storage in machine-readable form/computer devices.  The definition of 
"record" is limited to fixing of so unds or depictions of images "in any material form."  
Tajikistan's definitions seem more limited th an those required by the Berne Convention 
and the TRIPS Agreement.  Please explain what is covered by the definition in 
Article 3(4), (6) and (7).   
Answer: 
Definitions 4, 6 and 7 may indeed appear as more limited than those required by the 
Berne Convention and the TRIPS Agreement.  Tajik istan believes that wording in these definitions 
also include immaterial manners and forms (perma nent or temporary storage in machine-readable 
form, as well as input in internal or external co mputers, permanent or temporary storage in the  WT/ACC/TJK/23 
 Page 35 
 
 
 computer memory or other computer devices) and thus comply with Article 9 of the 
Berne Convention and Article 14 of the TRIPS Agreement.  
Question 79 
Definition 11, Execution:  This may just be a translation issue.  What is meant by execution?  
Do you mean performance?  It is included in th e definition section, but does not appear in the 
law, except in definition 19, so it is unclea r why it is a defined term.  Please explain. 
Answer: 
It is a translation issue, indeed.  The proper transl ation should have been "performance", which in turn 
appears in the law in a number of places. 
Question 80 
Definition 12, Performer: A "show" producer is  considered a performer.  Can you please 
provide examples of a "show" producer? 
Answer: 
This also appears to be a translation issue.  The proper translation should have been director 
(of production or show). 
Question 81 Definition 15 and 16, Over-the Air Transmission and Transmission of On-Air Broadcasting or 
Cable Casting:  Definition 15 includes "cable cast ing," but excludes "cable TV."  What is cable 
casting?  Cable casting and broadcasting are used  throughout the law but are never defined.  
Does broadcasting refer to wireless communi cations and cable casting refer to wired 
communications? 
Answer: 
Again, this appears to be a translation issue. 
Definition 15 defines wireless broadcasting (transmission). Definition 16 defines broadcasting by a wireless or wire broadcasting organiza tion, which is defined 
as the transmission performed by such an organizati on itself or, upon its request and on its expense, 
by another organization.   
Indeed, broadcasting refers to wireless commun ications and cable casting refers to wired 
communications. 
Question 82 
Definition 17, Demonstration of a Creation:  Does demonstration mean the same thing as 
performance?  Does it mean the same thing as the display of a work?  Please explain what a 
demonstration of a creation is.  What does the phrase "without consequence" mean?  Does it 
have the same meaning as "without  sequence" or "out of sequence"? WT/ACC/TJK/23 
Page 36  
 
 Answer: 
The proper meaning would be "display".  Mo re precise translation would read as follows: 
"17)  display of a creation (work) – display of an original or a copy of the creation directly or 
on a screen using film, slide, television image or any other technical means, as well as display of separate images of  the audiovisual creation out of sequence;". 
Question 83 Definition 19, Public Demonstration (performa nce):  Does this definition only include 
broadcasting?  Does it cover live performances or cable casting? 
Answer: 
Definition 19 refers to any demonstration (p erformance) and includes broadcasting (wireless 
transmission), live performance and cable casting (wire transmission). 
 Question 84 
Definition 20, Public Presentation of Audiovisu al Work:  What does "out of consequence" 
mean?  Does it mean "out of sequence"? 
Answer: 
Yes, the meaning is "out of sequence".  Tajikistan apologizes for translation error. 
Question 85 
Definition 24 and 25, Communicate to the Public by Cable and Communicate to the Public for 
Interactive Use:  It appears that definition 24  covers wired transmissions.  How does this relate 
to definition 16? 
Answer: 
Definition 24 covers any wired transmission of wo rks, phonograms, performances or programs to the 
public (without interactivity).  Definition 25 cove rs transmission where the public can access the 
works, phonograms, performances or programs from any location and at any time on their own choice.  Definition 16 is narrower and defin es only transmission performed by broadcasting 
organization. 
Question 86 Which definition covers wireless transmissions/ communications?  Does definition 25 include 
both wired and wireless communications if the pub lic can access them from any location and at 
any time of their own choice?   
In addition, definition 24 lists "works, phon ograms, performances or programs of broadcasting 
or cable distribution organizations," while definition 25 lists works or objects of related rights.  
Does the variance in the language mean that diffe rent types of works/objects of related rights 
are protected in the different definitions?  WT/ACC/TJK/23 
 Page 37 
 
 
 Answer: 
As noted above in answer to Question 81, definiti on 15 covers wireless transmission.  Definition 25 
covers both wireless and wire transmission; the key is that the public can access them from any 
location and at any time of their own choice.  Th e variance in the language does not mean different 
protection.  Both definitions cover the same rights; however the list in defin ition 24 is more detailed, 
whereas list in definition 25 is more general. 
Question 87 
Article 4:  Article 3 of Berne requires that protection be afforded to all authors who are 
nationals of Berne countries for published and unpublished works, authors who are not nationals of Berne countries for works first or  simultaneously published in a Berne country 
(not necessarily in Tajikistan) and authors with  a habitual residence in a Berne country, and 
Article 4 of the Berne Convention provides protection for audiovisual authors who have 
headquarters or habitual residence in a Berne co untry and authors of architecture constructed 
or located in a Berne country. Are all these au thors' works protected under Article 4(3) of the 
Tajik law?   
In addition, the final, bold-faced paragraph appe ars to deny protection to foreign authors who 
were protected in the country of origin of th e work, but not in Tajikistan because it had a 
shorter term, at the time that Tajikistan amended its law.  This may just be a translation problem and use of the word "and" instead of "or." 
Article 18 of Berne requires that protection app lies to all works that are not in the public 
domain in the country of origin when Bern e comes into force in the adhering country.  
In paragraph 242 of document WT/ACC/SPEC/TJ K/5, you say that works, whose term of 
protection of 25 years had expired before the entry into force of the new Law in 1998 had 
become public property and also that a work would only be protected if it had not fallen into the 
public domain.  How would this impact a foreign  work or phonogram that had been created in 
1968, more than 25 years before 1998?  To be clear, if  a work was still protected in its country of 
origin when Tajikistan adhered to Berne/amende d its term, but was not protected in Tajikistan 
because the term of copyright had expired in Tajikistan, would that work be protected in 
Tajikistan under the final paragraph of Article 4? 
Answer: 
Yes, provision of Article 4, paragraph 1, sub- paragraph 3 of the Law "On Copyright and Related 
Rights" provides protection to all authors' works referred to in Articles 3 and 4 of the 
Berne Convention.  
Concerning paragraph 2 (final, bold-faced paragra ph), please see the answer to Question 77 above.  
There is indeed a confusion with the use of the wo rd "and" and "or."  Tajikistan will ensure that the 
appropriate wording is used in the original langua ge of the Law "On Copyright and Related Rights". 
Question 88 
Article 7(4):  What is a work of folklore that is not covered by copyright? Answer: 
The work of folklore that is not covered by copyri ght is the work of traditi onal folk art whose author 
is not identifiable. WT/ACC/TJK/23 
Page 38  
 
 Question 89 
Article 8:  What is meant by the word "subjects?"  Do you mean "owners?" 
Answer: 
Yes, the meaning of "subject" is right holder or owner. 
Question 90 
Article 11:  How do composite books and compos ite works differ from "collections" as defined 
in Article 6(12)?  Encyclopaedias are used as examples of both types of works.   
In addition, the first paragraph of Article 11 gr ants copyright to the author of the collective 
work, but then the third paragraph grants rights  of exploitation to the publisher.  Does the 
publisher or the author of the composite work have  the rights of exploitation to that composite 
work? 
Answer: 
There is no difference, they are the same.  Artic le 6 lists objects of the copyright, which include 
inter alia  collections (encyclopaedias, anthologies, databases) and other composite works, whereas 
Article 11 regulates the copyright of the author of composite books and  other composite works. 
Third paragraph of Article 11 should be understood to mean that in addition to the author publisher of 
the composite work also has the right of exploitation.   
Question 91 
Article 16:  What is the difference between Article 16(6) and Article 16(7)? As noted above in 
definitions 15 and 16, broadcasting and cable casting are not defined.  Does Article 16(6) cover wireless communications and Article 16(7) cover wired communications?   
Article 14 of the Berne Convention provides that authors enjoy the exclusive right of 
authorizing the cinematographic adaptation of  their works.  Does Article 16(9) include 
audiovisual adaptations? 
Answer: 
Article 16(6) refers to wireless communication whereas Article 16(7) refers to wire communication.  
Yes, Article  16(9) includes audiovisual adaptations. 
Question 92 
Article 18:  How does the second paragraph affect foreign works that were created before 
Tajikistan adhered to the Berne Convention?  Would those works be protected for life of the 
author plus 50 years or would they be in the public domain?   
The first sentence in the third paragraph notes th at works fallen into the public domain can be 
used freely without any payment.  However, the second sentence in the third paragraph states 
that "the copyright … shall be observed," and the fourth paragraph provides that the 
government shall have the right to set the royalty for use of public domain works.  
These provisions appear to conflict with each oth er, and we would like a further explanation.    WT/ACC/TJK/23 
 Page 39 
 
 
 Answer: 
As it was pointed in answer to Question 77 a bove, the Law "On Copyright and Related Rights" 
provides protection of foreign authors' works whose term of protection did not become public domain in the country of origin  as a result of expiration of term of validity of a copyright in such a country at 
the time Tajikistan adhered to the Berne Convention. 
The first sentence in the third paragraph of Artic le 18 notes on works copyright terms of which had 
been expired.  The second sentence of this para graph notes on non-property rights of the author 
(right on name, authorship, and reputation protectio n and etc.)  The fourth paragraph of Article 18 
provides for the right to set remuneration for work s passed to government property to support author 
organizations and those who collect author royalty for authors.  It has to be noted that this provision 
has never been used. 
Question 93 
Article 19:  The first paragraph of this excepti on appears overly broad.  This exception should 
be further limited to only permit one copy for the makers' personal use.  As it now reads, an 
unlimited number of copies for personal use ca n be made, which would conflict with the 
authors' exclusive right of reproduction under Article 9 of the Berne Convention. 
Article 19(5) excepts reproductions communicate d to the public for interactive use from the 
"Personal Purposes" exception. How would a repro duction communicated to the public be for 
personal use? 
Answer: 
Tajikistan believes that Article 19 complies with Ar ticle 9(2) of the Berne Convention and Article 13 
of the TRIPS Agreement.  The words "...exclusively  for the purposes of personal use …" (this is the 
correct translation from the original language of La w) limit the use and the number of copies, i.e. does 
not allow for unlimited number of copies.  
Article 19(5) excludes copying of such works fo r personal use, copying of even one copy of 
interactive works is effectively prohibited.    
Question 94 Article 20:  We would like further explanation regarding Article 20(6) as this exception appears 
quite broad.  Would it cover works that the auth or had made available in the same format in 
which it was reproduced pursuant to this exception? 
Answer: 
Tajikistan believes that exception referred to in Artic le 20(6) does not appear quite broad.  It provides 
the possibility to reproduce not for profit any legall y published work using Braille alphabet or any 
other system suitable for use by blind persons.  Th e good cause in such a case s hould prevail.  On the 
other hand, the same provision does not extend the excep tion to the works originally created in such a 
format, which are protected like any other author's works.  WT/ACC/TJK/23 
Page 40  
 
 Question 95 
Article 30:  These are similar comments to  the comments to Article 4, above.  
The TRIPS Agreement require that foreign performers, phonograms and broadcasting organizations be protected.  Are all their creations protected under the penultimate paragraph of Article 30?  
In addition, the final, bold-faced paragraph appe ars to deny protection to foreign creators who 
were protected in the country of origin of the work, but not protected in Tajikistan because 
Tajikistan had a shorter term.  This may just be a translation problem and use of the word 
"and" instead of "or."  To be clear, if a perf ormance or phonogram or broadcast was protected 
in its country of origin when Tajikistan adhered  to the Berne Convention, but was not protected 
in Tajikistan because the term of copyright ha d expired in Tajikistan, would that work be 
protected in Tajikistan under the final paragraph of Article 30? 
In addition, the terms broadcasting and cable ca sting are used throughout, but as discussed 
above, those terms are not defined.  Do you me an wireless transmissions/communications when 
you say broadcasting and wired transmissions/ communications when you say cable casting? 
Answer: 
Creations of all foreign performers, phonograms a nd broadcasting organizations are protected under 
penultimate paragraph of Article 30.  As for the final paragraph of Ar ticle 30, please see the answer to 
Question 77 above. 
Yes, the meaning of broadcasting is wireless tran smissions/communications and the meaning of cable 
casting is wired transmissions/communications.  Tajikis tan apologizes for the inconsistent translation.  
Question 96 Article 34:  As discussed above, broadcasting an d cable casting are not defined.  Do you mean 
wireless and wired communications? 
Answer: 
Yes, the meaning is wireless and wired communications. 
Question 97 Article 36:  What is a "Broadcasting Organiz ation?"  Broadcasting organizations have the 
exclusive right to authorize the simultaneous broadcasting of their programs under Article 36(1), but do they have the right to authorize the wireless rebroadcasting and communication to the public as required by Arti cle 14 of the TRIPS Agreement?  Where is this 
right granted? 
The final paragraph refers to "paragraph 4 of th e second part of this Article."  What is 
paragraph 4 of the second part of Article 36?   
Answer: 
"Broadcasting Organization" means radio and TV station or any other organization involved in 
transmission of sound and/or pictures by wireless  means.  The right to authorize the wireless 
rebroadcasting and communication to the public is granted in item 1 of paragraph 2 of Article 36.  WT/ACC/TJK/23 
 Page 41 
 
 
 "Paragraph 4 of the second part of Article 36" is actually item 4 of paragraph 2 of Article 36, and 
namely the following: "4) reproduction of the recording of the program;". 
Question 98 
Article 37:  What is a "Cable Casting Or ganization?"  The final paragraph refers to 
"paragraph 4 of the second part of this Article. "  What is paragraph 4 of the second part of 
Article 37?  
Answer: 
"Broadcasting Organization" means radio and TV station or any other organization involved in 
transmission of sound and/or pictures by wireless means.  
"Paragraph 4 of the second part of this Article" is actually item 4 of paragr aph 2 of Article 37, and 
namely the following: "4) reproduction of recorded programs;". 
Question 99 
Article 39:  The first paragraph of this excepti on appears overly broad.  This exception should 
be further limited to permit only copying for th e makers' personal use.  This paragraph appears 
to provide a levy for the private copying of  audiovisual works and for phonograms.  
The remuneration is split among authors, p erformers and phonogram producers.  Why don't 
audiovisual producers receive a share of this remuneration (Article 13 defines the authors of audiovisual works and does not incl ude the producers as an author)? 
Answer: 
Article 39 sets a special fee on producers and impor ters of equipment's and materials with which 
recording of audiovisual works or sound recording are reproduced.  
Special fee (or remuneration) can be levied on pr oducers and importers of those equipment's and 
materials with which audiovisual works and phonograms protected by rights are reproduced. 
Objects of these fees are produced and imported equipment and materials intended for home 
reproduction and home sound recording. 
The provision of paragra ph 4 of Article 39 refers inter alia  to person who manufactured the 
phonogram (manufacturer) not the producer of the c ontent.  Tajikistan apologizes for the imprecise 
translation.  As far as Article 13 is concerned right holders enumerated there are those who had 
creative contribution to creation of the audiovisual work. 
Question 100 
Article 40:  Cable casting is not defined. 
Answer: 
This is a translation issue.  Cable casti ng is actually wired transmission/communication. 
Question 101 
Article 41:  Broadcasting and cable casting are not defined. WT/ACC/TJK/23 
Page 42  
 
 Answer: 
This is a translation issue.  Broadcasting is actually wireless transmission/communication. 
Question 102 
Article 41(2) is a very broad, so we would like a further explanation about what is covered.  
Could an entire performance/phonogram be copi ed?  Could someone make more than one copy 
(e.g., could a teacher make a copy of an enti re phonogram for each student in her class)? 
The permission to reproduce an entire phonogr am for personal purposes, enumerated in the 
second paragraph of Article 41, appears quite  broad, so we would like an explanation 
describing what reproductions are permitted.  For example, are such reproductions limited to 
reproductions of lawfully obtained phonograms?  Are the number of copies that can be made 
limited and must the copies be for the makers' personal use or can they be for someone else's 
personal use? 
Answer: 
Tajikistan believes that Article 41(2)  is not broad.  This provision allows making only one copy of 
performance/phonogram and using it strictly in the class.   Teacher is not allowed to make a copy of an 
entire phonogram for each student in her class. 
Paragraph 2 refers to re producing legally obtained phonogram excl usively for personal use.  It is 
understood that it is only one copy and the personal use of the maker and not someone else's personal 
use. 
Question 103 
Article 7 of the Berne Convention:  Where is the term of protection for audiovisual works set 
forth?  The Berne convention requires a term of 50 years after the author makes the work 
available to the public, or failing that, 50 ye ars from when the work was created. 
Answer: 
Article 17 of the Law provides term of protection for copyrights including audiovisual works (referred 
to in Article 6, paragraph 6, part 1). 
Question 104 Article 11 bis of the Berne Convention:  Authors shall enjoy the exclusive right of broadcasting, 
wireless communication, wired communication, rebroadcasting by an organization other than the original one, public communication by louds peaker or another means of transmitting the 
broadcast of the work.  Where is each right enumerated in Article 11 bis provided in the Tajik 
Law? 
Answer: 
Authors' exclusive rights of broadcasting, wireless communication, wired communication, 
rebroadcasting, public communication or another means of transmitting the broadcast of the work are enumerated in Article 16, paragraph 1, items 6 a nd 7 of the Law "On Copyright and Related Rights".  WT/ACC/TJK/23 
 Page 43 
 
 
 - Trademarks, including service marks 
Question 105 Paragraph 250:   Has the GOT subsequently amended its provision to provide protection for 
unregistered well-known marks? 
Answer: 
According to Part 1, Article 23 of the Law of the Republic of Tajikistan "On Trademarks and Service 
Marks" at the request of a natural person or a legal en tity, a trademark, protected in the territory of the 
Republic of Tajikistan on the basis of its registration;  a trademark, protected in the territory of the 
Republic of Tajikistan without registration by virtue  of an international treaty of the Republic of 
Tajikistan, and also a designation, used as a tradem ark but having no legal protection in the territory 
of the Republic of Tajikistan may be recognized to be well-known trademar ks in the Republic of 
Tajikistan if such trademarks or d esignation, as a result of their intensive use at the date, indicated in 
the application, became widely known in the Republic of Tajikistan among corresponding consumers 
in respect of the goods of that person. 
The provisions of the legislation of the Republic of  Tajikistan, concerning pr otection of unregistered 
well-known trademarks, comply with Article 16 of the TRIPS Agreement and Article 6 bis of the 
Paris Convention. 
Question 106 
We thank Tajikistan for its written explanations of the measures in its Law "On Trademarks 
and Service Marks" which limits the right to  register a trademark to persons engaged in 
entrepreneurial activity.  While we understand th e concerns of Tajikistan which lead to the 
introduction of this limitation, we believe that  it is not consistent with the TRIPS Agreement 
requirements as it is discriminatory.  Accord ing to Article 19 of the TRIPS Agreement, a 
trademark registration may be cancelled only after an uninterrupted period of at least 
three years of non-use.  We invite Tajikistan to further clarify. 
Answer: 
Tajikistan believes that the names "trademark" and "service mark" themselves imply the existence of 
trade and rendering of services, i.e. commercial activ ity related to the mark and that consequently 
there is no trademark without trade and no service mark without providing of services.  Thus provision of the Law does not appear to be di scriminatory.  Nevertheless , Tajikistan is ready to 
amend its Law "On Trademarks and Service Marks"  and abolish the provision which limits the right 
to register a trademark to persons engaged in entrepreneurial activity. 
- Geographical indications, including appellations of origin Question 107 The definition of geographical indications as in cluded in Article 1 of the Law "On Geographical 
Indications" does not reflect the definition of geographical indication in Article 22.1 of the 
TRIPS Agreement and therefore appears not to be compliant with the TRIPS Agreement.  
Furthermore, the definition of appellation of or igin as included in the answer to Question 90 
does not seem to reflect the definition used by the Lisbon Agreement.  Could Tajikistan provide 
further clarification? WT/ACC/TJK/23 
Page 44  
 
 Answer: 
Tajikistan will amend its Law "On Geographical Indications" to incl ude definitions of geographical 
indication and the appellation of origin provided in  the TRIPS Agreement and the Lisbon Agreement, 
respectively.  
Question 108 
In its answer concerning Article 8 of the Law "On Geographical Indications", Tajikistan states 
that Article 8 "does not require the applicant to prove that there is a link between the good for which the geographical indication protection is required and the indicated place of origin".  This seem to contradict Article 22.1 of the TRIPS Agreement which clearly requires that the "characteristic of the good is essentially a ttributable to its geographical origin".  
Could Tajikistan please explain?  
Answer: 
Article 8 of the Law "On Geographical Indicati ons" regulates the content of the application, 
attachments and the procedure for its filing. It do es not regulate, however, the procedure of deciding 
of the merit of the case.  Therefore, under Article  8 the applicant does not have to prove the link. 
However, along with the application the applicant must submit "a statement issued by a competent 
authority to confirm that the applicant produces good s the special properties of which are determined 
by the natural conditions and/or human factors specif ic to such geographical object" if a geographical 
object is situated in the territory of the Republic of  Tajikistan.  If the geographical object is situated 
outside the territory of the Republic of Tajikis tan, an application should be accompanied by a 
document certifying the applicant's right to the appellation of origin in the country of origin.  
- Plant variety protection Question 109 The representative of Tajikistan mentions that "the new Law "On Protection of Plant 
Varieties" was compliant with the UPOV Convention and Article 27.3(b) of the 
TRIPS Agreement", and, later, that "Tajikista n was seeking to join the UPOV Convention.  
The application had been submitted in 2003 and was still pending." 
We should be grateful if Tajikistan could please clarify whether the new law will protect the 
new plant varieties rights of natural persons or legal persons of all WTO Members, and not just those of the UPOV Member States.  Moreover, if it is the case that the new law cannot protect 
the plant varieties rights of all WTO Members, we request that Tajikistan commit, before its 
accession to WTO, to amending the above-mention ed law to conform to the TRIPS Agreement. 
Answer: 
The new Law "On Protection of Plant Varieties" a pplies equally to all nati onal and foreign persons, 
irrespective of their country of origin and/or citi zenship.  Consequently, it provides equal protection to 
plant varieties originating from any country, not only to those originating from UPOV member states. 
For details please see translation of the Law "On Protection of Plant Varieties", available through 
document WT/ACC/TJK/23/Add.1.    WT/ACC/TJK/23 
 Page 45 
 
 
 ENFORCEMENT 
Question 110 Concerning the response to Question 103 of document WT/ACC/TJK/17:  Please provide an 
example of how the calculation indicator is used  when establishing penalties for violations of 
IP rights. 
The response to Question 104 of document WT/ACC/TJK/17 stated that the "penalties under 
the Code of Administrative Violations are admi nistrative penalties and their purpose is not to 
compensate the right holder for the infringement of  right, but rather to penalize the infringer."  
Given that is the case, please indicate where in Tajikistan's laws are provisions that establish 
penalties for infringement adequate to comp ensate the right holder for infringement, as 
established under Article 45 of the TRIPS Agreement. 
Answer: 
Compensation of damages, including damages caused by infringement of intellectual property rights 
is regulated by the Civil Code (Articles 11, 12, 15 and 1137).  Translations of these Articles of the 
Civil Code have been distributed in document WT/ACC/TJK/17/Add.1. 
Question 111 We would like to know if Section X ("Final Prov isions") of Instruction No. 337(f) "Provisions 
on the Procedure of the Customs Control A pplicable to Goods Containing Objects of 
Intellectual Property" dated 19 July 2006 addresses Article 58(c) of the TRIPS Agreement with 
respect to shielding customs officials from liability when their actions are in good faith? 
We recommend that the Republic of Tajikistan's anticipated amendment (to the Customs Code, 
Chapter 54) providing for ex officio  authority also include an exemption shielding customs 
officials from liability when their actions are in good faith, in accordance with Article 58(c) of 
the TRIPS Agreement. 
Answer: 
Yes, Article 10.2 of the Instruction No. 337(f) of 19 July 2006 reflects provisions of Article 58(c) of 
the TRIPS Agreement and provides protection of cu stoms officials from liability when their actions 
are in good faith.  The appropriate provision will be included in the amendments to the Customs Code 
providing for ex officio  authority for customs officials. 
Question 112 
We do not have sufficient information to determ ine whether there is a provision for remedies as 
provided in Article 59 of the TRIPS Agreement .  We would like to know if Section IX 
("Disposal of Seized Goods") of Instruction No. 337(f) "Provisions on the Procedure of the 
Customs Control Applicable to Goods Containing Objects of Intellectual Property" dated 19 July 2006 provides for remedies pursuant to  Article 59 of the TRIPS Agreement.   
We recommend that the Republic of Tajikistan amend its Customs Code Chapter 54 to provide 
for remedies in compliance with Article 59 of the TRIPS Agreement. WT/ACC/TJK/23 
Page 46  
 
 Answer: 
Under Tajikistan's legal system any confiscation an d subsequent destruction of someone's property 
must be ordered by the court.  No other author ity currently has the right to confiscate property. 
Tajikistan will take the recommendation into accoun t when developing appropr iate amendments to 
the legislation. 
VI. POLICIES AFFECTING TRADE IN SERVICES Question 113 We request Tajikistan to provide a list of services-related activities subject to activity licensing. 
Answer: 
Indeed, some of the services in the republic of Ta jikistan are subject to activity licensing.  Activity 
licensing is regulated by the Law No. 37 of 17 May 2004 "On Licensing of Specific Activities" and 
the Government Decree No. 172 of 3 April 2007 "On Specifics of Licensing of Certain Activities".  Translations of these documents have been di stributed in documents WT/ACC/TJK/13/Add.1 and 
WT/ACC/TJK/15/Add.2. 
Question 114 
We are seeking additional information on justification of the necessity of preservation of 
limitations in financial services sector, reflected in Tajikistan's revised offer of Commitments on 
Trade in Services in document WT/ACC/SPEC/TJK/2/Rev.5 of 15 April 2011. 
Answer: 
Tajikistan wishes to discuss this issue during b ilateral negotiation on market access on services. 
Question 115 
Has the GATS Enquiry Point been already designated by Tajikistan? Answer: 
Yes, the GATS Enquiry Point has been designated.  WTO Affair Division within the Ministry of 
Economic Development and Trade is the GATS Enquiry Point.  
Question 116 
In what way will Tajikistan provide transparency in the regulation of insurance services? Answer: 
Transparency  in the regulation of insurance services is and will be provided in the same manner like 
in any other area.  Under the Law "On Normative Legal Acts" any legal act, including those regulating insurance services, cannot take effect be fore its official publication.  Legal acts and 
amendments thereof are regularly published in the national language (Ta jik) and the language of 
international communication (Russian ) in the official publications of the Republic of Tajikistan - the 
newspaper Jumhuriyat, and the Digest of Laws (A khbori Majlisi Oli) of the Re public of Tajikistan.   WT/ACC/TJK/23 
 Page 47 
 
 
 In addition, the information is posted on the offi cial website of the Ministry of Finance and 
(www.minfin.tj).  All these sources of information ar e public and accessible to all interested parties. 
Question 117 
Could Tajikistan provide more detailed inform ation regarding current market access regime 
for its banking sector? 
Answer: 
Tajikistan wishes to discuss this issue during b ilateral negotiation on market access on services. 
VIII. TRADE AGREEMENTS 
Question 118 We request detailed information regarding reaso ns why having the bilateral FTA with us, 
Tajikistan continues imposing customs duties on imports from us.  What measures and when is 
Tajikistan planning to undertake in order to  solve this outstanding issue and make the 
agreement duly operational? 
Answer: 
As this Member may recall, the FTA provides for th e list of goods that will be excluded from the duty 
free regime.  The list has to be agreed upon by the contracting parties and the FTA will become 
effective once the list of exclusions is agreed.  This Member should al so be well aware that 
negotiations on the list of exclusi ons are still ongoing.  As soon as t hose negotiations are finalized and 
the list of exclusions established, Tajikistan will start implementing the free trade agreement without 
any delay.  However, Tajikistan is of the opinion that  this matter is bilateral rather than multilateral, 
and that therefore it should be treated and negotiated as such. 
Question 119 We request Tajikistan to explain their visi on regarding the most prospective for FTA 
developments for the coming years, including but not limited to the fact that the draft text of 
"Creation of a Food Market Consortium" is being now discussed by the OCAC members.  
What consultations in this regard has Tajikistan held? 
Answer: 
The Organization of Central As ian Cooperation (OCAC) establishe d in 1991, after a number of 
reorganizations and renaming, was subsequently merged into Eurasian Economic Community 
(EurAsEC) and de facto  ceased to exist in 2006.  
Tajikistan is a EurAsEC member and participates in  its activities, including those related to FTAs. 
However, Tajikistan's priority is firs t and foremost joining to the WTO.  
__________