RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/TJK/4 
29 May 2009 
 (09-2605) 
Working Party on the 
Accession of Tajikistan Original:   English 
 
 
 
ACCESSION OF TAJIKISTAN 
 
Elements of a Draft Working Party Report  
 
 
 
_______________  WT/ACC/SPEC/TJK/4 
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  TABLE OF CONTENTS 
 
I. INTRODUCTION ................................................................................................................... .1 
DOCUMENTATION PROVIDED ......................................................................................................1  
INTRODUCTORY STATEMENTS....................................................................................................1  
II. ECONOMIC POLICIES..........................................................................................................2  
- Monetary and Fiscal Policy..................................................................................................... .2 
- Foreign Exchange and Payments ............................................................................................3  
- Investment Regime.............................................................................................................. ......7  
- State Ownership and Privatization .........................................................................................9  
- Pricing Policies ............................................................................................................... .........11  
- Competition Policy............................................................................................................. .....13  
III. FRAMEWORK FOR MAKING AN D ENFORCING POLICIES ....................................14  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................17  
- Trading Rights ................................................................................................................. .......17  
A. IMPORT REGULATION......................................................................................................20  
- Ordinary cust oms duties ........................................................................................................ 20 
- Other duties and charges....................................................................................................... .21 
- Tariff rate quotas, tariff exemptions.....................................................................................22  
- Fees and charges for services rendered.................................................................................22  
- Application of internal taxes to imports ...............................................................................24  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............26  
- Customs valuation.............................................................................................................. .....28  
- Rules of origin ................................................................................................................ .........30  
- Preshipment inspection ......................................................................................................... .31 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................31  
B. EXPORT REGULATION......................................................................................................33  
- Customs tariffs, fees and charges for services rendered, application of internal 
taxes to exports............................................................................................................... .........33  
- Export rest rictions ............................................................................................................ ......34  
- Export subsidies ............................................................................................................... .......36  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................37  
- Industrial policy, including subsidies....................................................................................37  
- Technical barriers to trade, standards and certification.....................................................39  
- Sanitary and phytosanitary measures...................................................................................41  
- Trade-related investment measures ......................................................................................45  WT/ACC/SPEC/TJK/4 
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  -
 State trading entities......................................................................................................... ......45  
- Free zones, special economic areas........................................................................................46  
- Government-mandated barter and counter-trade...............................................................47  
- Government procurement......................................................................................................47  
- Transit........................................................................................................................ ..............49  
- Agricultural policies.......................................................................................................... ......49  
(a) Imports........................................................................................................................ .............49  
(b) Exports........................................................................................................................ .............50  
(c) Internal policies.............................................................................................................. .........50  
- Trade in ci vil aircraft........................................................................................................ ......50  
- Textiles Regime ................................................................................................................ .......50  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................51  
- GENERAL........................................................................................................................ .......51  
- Industrial property protection...............................................................................................51  
- Responsible agencies for policy formulation and implementation .....................................51  
- Participation in international intellectual property agreements ........................................52  
- Application of national and MFN treatment to foreign nationals......................................53  
- Fees and taxes................................................................................................................. .........53  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................54
 
- Copyright and related rights..................................................................................................5 4 
- Trademarks, including  service marks...................................................................................55  
- Geographical indications, including appellations of origin.................................................56  
- Industrial designs............................................................................................................. .......57  
- Patents........................................................................................................................ ..............57  
- Plant variety protection....................................................................................................... ...59 
- Layout designs of integrated circuits ....................................................................................59  
- Requirements on undisclosed information, including trade secrets and test data............59  
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY 
RIGHTS......................................................................................................................... ..........60  
- ENFORCEMENT...................................................................................................................6 0 
- Civil judicial procedures and remedies.................................................................................60  
- Provisional measures ........................................................................................................... ...61 
- Administrative procedures and remedies.............................................................................61  
- Special border measures........................................................................................................ .62 
- Criminal procedures............................................................................................................ ...63  WT/ACC/SPEC/TJK/4 
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  VI. POLICIES AFFECTING TRADE IN SERVICES..............................................................64  
VII. TRANSPARENCY .................................................................................................................65  
- Publication of information on trade......................................................................................65  
- Notifications.................................................................................................................. ...........66  
VIII.  TRADE AGREEMENTS .......................................................................................................66  
CONCLUSIONS .................................................................................................................... ..............67  
ANNEX 1 ........................................................................................................................ ......................68  
ANNEX 2 ........................................................................................................................ ......................71   WT/ACC/SPEC/TJK/4 
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  I. INTRODUCTION 
1. The Government of the Republic of Tajikis tan applied for accession to the World Trade 
Organization (WTO) in May 2001.  At its meeti ng on 18 July 2001, the General Council established a 
Working Party to examine the application of the Government of the Republic of Tajikistan to accede 
to the World Trade Organization under Article XI I of the Marrakesh Agreement establishing the 
WTO.  The terms of reference and the membership  of the Working Party are reproduced in document 
WT/ACC/TJK/2/Rev.[7]. 
2. The Working Party met on 18 March 2004 , 26 April 2005, 6 October 2006 and ……….. 
under the Chairmanship of H.E Mr. Clyde Kull (Estonia). 
DOCUMENTATION PROVIDED 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Tajikistan (WT/ACC/TJK/ 3), the questions submitted by Members on the 
foreign trade regime of Tajikistan, together with th e replies thereto, and other information provided by 
the authorities of Tajikistan (WT/ACC/TJK/4 to 6, WT/ACC/TJK/7 and Revisions 1, 2 and 3, 
WT/ACC/TJK/8, WT/ACC/TJK/9, WT/ACC/TJK/10 a nd Revision 1, WT/ACC/TJK/11 to 16 [...]), 
including the legislative texts and other documentation listed in Annex I. 
INTRODUCTORY STATEMENTS 
4. The representative of Tajikistan said that hi s Government was committed to Tajikistan's 
integration into the multilateral trading system a nd its accession to the WTO.   The basic principles 
and rules of the WTO had broad support in Tajikistan.   In this regard, Tajikistan had taken steps to 
reform its economic and foreign trade regime.  Ho wever, as a transition economy at a low level of 
economic development, Tajikistan so ught recognition and the status of a developing country in the 
WTO.  He welcomed the technical and financia l assistance received from Members and multilateral 
agencies in support of Tajikistan's accession to the WTO.  Further assistance was requested. 
5. Members welcomed Tajikistan's application to accede to the WTO.  The recent domestic 
reforms in Tajikistan complemented its WTO acc ession process.  Members appreciated the work 
already undertaken to achieve compliance with  WTO rules and principles, though some Members 
noted that further work was still needed.  Members highlighted the technical assistance that they had 
provided and pledged to continue their technical a nd financial support for th e accession of Tajikistan.  WT/ACC/SPEC/TJK/4 
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  6. The Working Party reviewed the economic polici es and foreign trade regime of Tajikistan and 
the possible terms of a draft Protocol of Accession to the WTO.  The views expressed by Members on 
the various aspects of Tajikistan's foreign trade regi me, and on the terms and c onditions of Tajikistan's 
accession to the WTO, are summarized below in paragraphs 7 to [..]. 
II. ECONOMIC POLICIES  
- Monetary and Fiscal Policy 7. The representative of Tajikistan said that the le gal basis for the development of Tajikistan's 
monetary system had been established over the period 1991-1998 through the promulgation of several 
laws, regulations and normative acts, such as the Laws "On the National Bank of the Republic of 
Tajikistan" (1996); "On Banks a nd Bank activities" (1993, 1995, 1998); "On Securities and Stock 
Exchanges" (1992); and the "Order of the Issue of  Permits for Opening Accounts in Foreign Currency 
by Residents in Banks Outside Tajikistan" (1997).  The monetary and credit policy had been further 
refined and developed by the Decree "On the Prin cipal Guidelines of Credit-monetary and Foreign 
Exchange Policies of the Republic of Tajikista n" (2000).  These guidelines advocated market 
economy principles and transparency. 
8. For the period 2002-2005, the objectives of mone tary and credit policy in Tajikistan included 
reducing inflation; creating conditions to stimulat e GDP growth of 5 per cent per annum; stability of 
the national currency (Somoni); strengthening the ba nking system; further development of the credit, 
foreign exchange and securities market; building up  foreign exchange reserves; and improving the 
domestic payments and settlement mechanism.   
9. The monetary system was regulated by the Nati onal Bank of Tajikistan (NBT).  The National 
Bank regulated monetary circulation through cred it controls, sterilization of sales and purchases of 
foreign exchange, variations in its gold and foreig n exchange reserves, transactions with the treasury, 
and the issue and sale of treasury bills. 
10. The banking sector in Tajikistan comprised of 13  banks, one branch or affiliate of a foreign 
bank and three credit unions.  To protect the inter ests of creditors and depositors and to provide 
stability in the functioning of the banking system, th e "General rules of regulation of bank activity", 
enacted in 1995, and put into force in 1996, set out the obligatory standards that regulated bank 
activities in Tajikistan. 
11. Reforms in the banking sector had focused on expanding the range and quality of banking 
services; improving the operation of the credit, secu rities and foreign exchange markets; creation of  WT/ACC/SPEC/TJK/4 
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  non-banking financial institutions for the provisi on of financial services; banking services and support 
for the private sector; the creation of a national payments system; accelerating settlement of accounts 
through electronic means; and building confidence in the banking sector through the enforcement of 
legislation protecting the rights of the banks' customers. 
12. Fiscal policy in Tajikistan was geared towa rds the stabilization of the economy and the 
Government's budget and its finances.  The Law "On the Fundamentals of Budgetary Structure and 
Budgetary Process" of 1997, together with the St ate budget adopted annually provided the basis for 
the formulation and execution of fiscal policy in Tajikistan.   
13. The Taxation Code of 12 Novemb er 1998 had sought to simplify tax collection mechanisms, 
remove a number of inefficient or irrational tax es and other obligatory payments, and to build an 
integrated tax system.  The Taxation Code enumerated  five types of taxes, namely - value-added tax, 
excise tax, profits tax, income tax and sales tax on certain goods.  The sales tax on cotton and 
aluminium had been introduced to increase Govern ment revenues.  Furthe r tax reforms had been 
undertaken with the Tax Code of 3 December 2004, wh ich had entered into force on 1 January 2005.   
14. On the expenditure side, the State budget for 2001 had amounted to 379.7 million Somoni or 
about 15.1 per cent of GDP.  He noted that Ta jikistan's budgetary classification of revenues and 
expenses had met international standards since 2000,  and was in accordance with the Statistics of 
State finance designed by the International Mone tary Fund (IMF).  A budget deficit of 1 per cent 
of GDP had been foreseen in 2002.  This deficit was to be covered through th e privatization of State 
property, credits from the World Bank and the As ian Development Bank, sale of securities and the 
issue of long-term bonds by th e Government of Tajikistan. 
- Foreign Exchange and Payments 
15. The representative of Tajikistan said that th e foreign exchange policy was a component of 
Tajikistan's monetary and credit policy.  The polic y was geared towards providing stability to the 
national currency, liberalizing foreign exchange  operations and further developing the foreign 
exchange market.  The National Ba nk of Tajikistan was responsible fo r development of policy and the 
regulation and organization of all foreign exchange transactions.  
16. Tajikistan had been among the last of the cons tituents of the Commonwealth of Independent 
States to introduce its own national currency, as it had depended on the currency and the monetary 
and credit policy of the Russian Federation.  An interim national currency - the "rubl" - had been 
introduced in May 1995.  The "rubl" had been repl aced by the "Somoni" which became the national WT/ACC/SPEC/TJK/4 
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  currency in October 2000.  The official excha nge rate was 3.8659 Somoni per US dollar on 
1 April 2009.   
17. He added that Tajikistan had been a Memb er of the IMF since 27 April 1993 and had 
accepted the obligations of Article VIII of the IM F Articles  of Agreement on 9 December 2004.  
Tajikistan's foreign exchange  and payments regime had been reviewed by the IMF.  He stated that the 
regime had been found to be in full compliance with IMF's Article VIII  obligations, with no 
restrictions on payments and transfers for current account transactions.   
18. The Law "On Regulation of Foreign Exchange and Foreign Exchange Control" of 1995 
governed the rights of residents and non-residents hol ding foreign exchange in Tajikistan.  According 
to Article 5 of this Law, residents that were legal entities and physical pe rsons involved in business 
activities could only open accounts in foreign banks  with the prior permission of the NBT.  
The procedures and decision criteria for issuing the permission were set out in the NBT Instruction 
"On Procedure of Issue of Permissions for Openi ng Accounts in Foreign Currency in Banks Outside 
the Republic of Tajikistan by Residents" of 16 Se ptember 1997.  Decisions were based on whether the 
applicant was able to make payments through his/her bank account in Tajikistan; or through the 
accounts of Tajik banks in foreign banks; or if opening an account in a foreign bank was a 
requirement in the terms of a contract, agreement, treaty, etc.     
19. A Member noted that the required permissions to open an account in a foreign bank could be 
a restraint on trade, and requested further informatio n regarding the rationale for this restriction and 
any plans to eliminate or ease this procedure.  In  response, the representative of Tajikistan said that 
his Government was drafting a new Law "On Fore ign Exchange Regulation and Foreign Exchange 
Control".  The new law would cancel the permit fo r the opening of accounts with foreign banks and 
replace it with a notification procedure. 
20. Residents had the right to buy and sell foreign exchange in the domestic market.  
The purchase and sale of foreign exchange in Tajikis tan took place through aut horized banks and their 
exchange offices. Instruction No. 142 of  11 October 2005, replacing Decree No. 106 of 
11 March 2000, established procedural requirements fo r cross-border transfer of foreign exchange in 
cash.  Non-cash transfers were not subject to an y procedural requirements nor were there any 
quantitative limits on the amount of foreign currency that could be imported into or withdrawn from 
Tajikistan.  As per Instruction No. 142, any pers on carrying foreign currency exceeding the equivalent 
of US$3,000 in cash across the border had to declare it to customs in writing.  Non-residents carrying 
more than US$3,000, and Tajik residents over US$10, 000, were required to obtain permission issued 
by the NBT, commercial banks or non-banking fina ncial institutions.  In lieu of such permission,  WT/ACC/SPEC/TJK/4 
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  non-residents exporting or withdrawing foreign currency could present a customs declaration 
verifying the amount of cash previously brought into Tajikistan.  Permission was the document 
confirming that the foreign currency in cash had been  obtained legally, i.e. from a bank or exchange 
office.  He added that the procedural requirements for the cross-border transfer of foreign exchange in 
cash had been implemented to prevent money launde ring and were, in his opinion, not restricting 
current account transactions.     
21. In accordance with a Joint In struction of the National Bank and the Customs Committee 
entitled the "Regulation on the Procedures to Implem ent Currency Control on Exchange Earnings in 
the Republic of Tajikistan Coming from the Export of Merchandise" of 14 August 1996, all exporters 
were obliged to transfer or repa triate all foreign exchange earnings  from exports of goods and services 
into their own foreign currency accounts held in  serving banks located in Tajikistan.  Once the 
earnings had been transferred, the exporters were  guaranteed exemption from any additional payments 
and charges and were not subject to the compulsory  sale of this foreign exchange in the domestic 
market.  Exporters could use these earnings at th eir own discretion, including for the purchase of 
imports without restrictions.  The purpose  of this requirement was to ensure  foreign exchange inflows 
to assist Tajikistan in meeting balance-of-payme nts and import-cover needs, and to allow the 
Government to fulfil any foreign debt obligations. 
22. As stipulated in Presidential Decree No. 42 4 "On Liberalization of Currency and Export 
Operations and Measures to Ensure the Complete Re turn of Currency Proceeds" of 24 February 1996, 
full advance payment was required for the export of  certain merchandise goods listed in Table 1.  
These products - the principal export items of Tajikis tan - accounted for about two thirds of all State 
exports.  The full prepayment requirement was ad ministered by the National Bank of Tajikistan and 
commercial banks.  Banks in Tajikistan issued a c onfirmation that the full pre-payment of an export 
contract had been received and, on the basis of this confirmation, customs bodies released goods for 
export.  The mandatory pre-payment requirement s ought to ensure the return of foreign currency 
proceeds from these exports and was imposed to prev ent deceptive practices and capital flight in light 
of the unstable balance-of-payments situation and r ecurrent current account deficits in Tajikistan.   
Table 1:  Export Products with 100 pe r cent Mandatory Pre-payment Requirement  
Code GN FEA Product 
0409  Natural honey 
2401 Fermented tobacco  
3301 21 Geranium oil 
3102-3105 Chemical fertilizers 
4104-4115 Hides and leather 
5201 - 5212 Cotton fibre and products thereof WT/ACC/SPEC/TJK/4 
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  Code GN FEA Product 
2616, 7101, 7112,  Ore, concentrates and scrap of precious metals, precious natural stones and their 
Articles  
7204, 7503, 7602, 78002, 7902, 8002 Scrap of ferrous and non-ferrous metals  
7601 - 7616 Aluminium and its products  
 
23. He added that Decree No. 424 of 24 Februa ry 1996, as amended by Presidential Decree 
No. 1249 of 13 July 1999, set a limited time of 120 da ys to transfer hard currency proceeds from the 
exports of goods not listed in Decree No. 424 back into Tajikistan.  Implementation of this currency 
regulation envisaged a "Passport of a transaction" dr awn up by the exporter in an authorized bank.  
Serving as currency control agents, the authorized banks charged 0.01 per cent of the contract value 
based on which a passport of a transaction was draw n up.  The procedures to fill out a passport of a 
transaction were determined in accordance with the Regulation "On the Procedure to Implement Hard 
Currency Control on Exchange Earnings in Ta jikistan coming from the Export of Merchandise" 
approved by the NBT and the Ministry of Public Re venues and Charges in August 1996.  As set out in 
the above-mentioned Regulation, a passport of a tr ansaction was the basic document containing data 
on the transaction and was drawn up by an exporter .  The exporter submitted this document to the 
bank and to the customs body clearing the commod ity.  The bank and the customs body exchanged 
information on the passport.  Once the export earnings  had been transferred to the exporter's account 
in Tajikistan, the currency regulations were me t, and the passport of a transaction expired. 
24. Some Members considered the mandatory pre- payment of exports; the transaction passport 
requirements for exporters; and the obligation to repatriate export earnings to foreign currency 
accounts in Tajikistan to be measures restricti ng current account transactions.  They encouraged 
Tajikistan to liberalize these measures and eliminate them by the date of accession. 
25. The representative of Tajikistan replied that the export transaction passport requirements had 
been eliminated in 2007 (NBT Board Decision No. 37 of 26 January 2007), and that the mandatory 
pre-payment requirement had been liberalized  in 1997 through Presidential Decree No. 823 
"On Amendment to Some Decrees of the President  of the Republic of Tajikistan on Marketing of 
Cotton Products" allowing settlements by any mean s agreed to by the buyer and seller, including 
letters of credit.  The mandatory repatriation of  export proceeds would be eliminated by the end 
of 2009.     
26. As for capital account transactions, he said that Regulation No. 51 "On the Procedures of 
Carrying Currency Transactions Related to Cap ital Movement" of 16 September 1997 governed the 
usage of foreign exchange for capita l account transactions.  Regardi ng settlement of foreign debt, he 
said that the Department of Foreign Debts in the Mi nistry of Finance had been created in the second  WT/ACC/SPEC/TJK/4 
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  quarter of 1997 to settle payments a nd debt instruments.  This Depart ment dealt with the restructuring 
and servicing of foreign debt in Tajikistan.   
27. Asked about the circumstances, including the judicial and appeal process, under which a 
foreign account could be frozen in Tajikistan, he re plied that in conformity with Regulation No. 120 
"On the Procedure of Opening and Managing Fore ign Exchange Account", a foreign account could 
only be seized on the basis of a court decision or a reso lution by an investigative agency to this effect.  
The period for which these funds were seized could not exceed the period set for processing the case.  
Decisions to seize or freeze assets could be appealed through the courts.  
- Investment Regime 
28. The representative of Tajikistan said that Law No. 260 "On Investments" of 12 May 2007 
provided the legal framework for all investments in Tajikistan.  The Foreign Investment Law, 
promulgated in 1992, had been eliminated  with the introduction of the new Law.  
29. The 2007 Investment Law guaranteed foreign and domestic investors equal rights without 
discrimination.  No requirements or conditions we re imposed on foreign investment that would not 
equally be imposed on domestic investment.  He not ed that the Law did not impose restrictions in any 
particular sector or area.  However, certain activitie s were subject to licensing pursuant to Law No. 37 
"On Licensing of Separate Types of Activity" of 17 May 2004, as amended, and Regulation No. 172 
"On the Peculiarities of Licensing Certain Types of Activities" of 3 April 2007.     
30. Asked to describe the process for commencing fore ign investments in Tajikistan, he said that 
a foreign investor could establish a legal entity in  accordance with the same le gislation applicable to 
domestic investors, i.e. the Law "On Limited Liability Companies", the Law "On Joint Stock Companies", the Law "On State Registration of Legal Entities", and the Civil Code.  The registration procedures did not differ for foreign investors, excep t for a requirement to translate foreign documents 
to the Tajik language and the payment of State duty.   
31. He noted that Tajikistan had sought to impr ove the investment climate and legislative 
framework for foreign capital.  The 2007 Investment Law had lifted a requirement on foreign enterprises to employ at least seventy per cent of their work force locally.  A "preliminary expert 
examination" of all large-scale construction and r econstruction projects with foreign participation had 
also been abolished.  Furthermore, a "scientif ic expert examination" to verify the economic 
appropriateness and technological novelty of all ne wly established enterprises would be  reassessed WT/ACC/SPEC/TJK/4 
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  with the revision of Resolution No. 136 of 4 April 1996.  In practice, these examinations had been 
discontinued since 1998.     
32. Investment incentives, in the form of tax and custom duty exemptions, were granted pursuant 
to Resolution No. 591 of 30 November 2007, the Customs Code (Article 345), the Tax Code 
(Articles 145 and 211), and Article 19 of the Investme nt Law.  Domestic and foreign investors were 
eligible for benefits on equal terms.  Profit tax for all newly established enterprises was waived for a 
period of two to five years.  The length of the ta x waiver depended on the volume of investment.  
His Government offered VAT and custom duty exem ptions to import technology and manufacturing 
equipment and spare parts to develop or to upgrade existing production or to replenish the statutory funds of the entity.  The VAT and custom duty exem ptions accorded to investors were not contingent 
on export performance or local content requirements.     
33. Legal protection was granted to foreign investor s to safeguard tax relief and other benefits 
from any future changes to the legislation.  In th is regard, VAT and custom duty exemptions had been 
granted for capital goods used directly in the pr oduction of goods, works and services by foreign 
enterprises.  Foreign investment in priority ar eas had also benefited from additional tax relief and 
other benefits.  In his view, the benefits accorded pursuant to the Foreign Investment Law were not 
WTO inconsistent and thus no atte mpt had been made to "grandfather" these benefits.         
34. Asked about the restrictions in land use and the constitutional ban on private property, the 
representative of Tajikistan said that as stipulated in  Article 13 of the Constit ution, the State was the 
exclusive owner of land in Tajikista n and it guaranteed the efficient use of the land in the interests of 
the people.  Private ownership of land was prohibi ted for both citizens of Tajikistan and foreign 
nationals.  His Government did not have any plans to change this provision of the Constitution.  
On land use, in conformity with Article 10 of th e Land Code, land users coul d be legal or physical 
persons, who could be primary or  secondary land users.  Primary  land users could have land plots for 
an unlimited, short term, or inherited life use.  Secondary land users were legal entities or physical 
persons renting land from primary users.  No restrictions precluded foreigners from becoming 
secondary land users.  In addition, Article 105 of the Land Code specified that if international 
agreements ratified by Tajikistan determined rules ot her than those stipulated by the Land Code of 
Tajikistan, then the rules of the inte rnational agreements would apply.  
35. The representative of Tajikistan added that fo reign natural persons and legal entities could 
obtain primary land use rights without time limit by forming a joint venture with a domestic partner.  
Otherwise, primary land use rights were limited to 50 years for foreigners according to Article 25 of 
the Land Code, and foreign natural or legal persons could not be la nd users with lifetime inheritance  WT/ACC/SPEC/TJK/4 
 Page 9 
 
 
  rights, nor be land users in specially protected areas.  Primary land users could lease the land on 
20-year terms to domestic or foreign users alike.   
36. By 2008, foreign direct investment in Tajikista n had totalled US$770.6 million.  Most of this 
investment had come through investors from the Russian Federation (26 per cent), Kazakhstan (24 per cent), China (9.5  per cent), Cyprus (8.7 pe r cent), Azerbaijan (5.5 per cent), the United States 
(4 per cent), the United Kingdom (3.4 per cent), the Ne therlands (3 per cent), India (1.2 per cent), and 
Switzerland (1 per cent).   
- State Ownership and Privatization 
37. The representative of Tajikistan said that his c ountry had embarked upon fundamental social 
and economic reforms and a transition to a ma rket-oriented economy since independence.  
Privatization of State and municipal (communal) property had been an important objective of the 
medium-term economic strategy of his Government.  Over 10,000 assets had been privatized between 
1991 and 2007, including 419 enterprises under the aegis  of the Strategic Privatization Plan for 
2003-2007.  Information on the privatization of State assets is provided in Table 2.      
38. In accordance with the Law "On privatization of  State Property" of 16 May 1997, citizens of 
Tajikistan and foreign legal or phys ical persons could participate in the privatization of State assets on 
equal terms.  Auctions and tenders  had been organized for the sale of State assets.  Large companies - 
i.e. major companies in the energy, construction,  telecommunication and transportation sectors with  
more than 100 employees, had been privatized by te nder.  In connection with the tender, the buyer 
would typically be expected to fulfil certain terms,  notably to invest in fixed assets to expand output; 
to increase the number of employees; and to intr oduce international accounting standards in the 
enterprise.  The buyer should meet these terms w ithin a period of two years.  Once the commitments 
had been met, the winner of the tender would receive an act on the fulfilment of the agreed terms, and 
the asset would pass into ownership of the buyer.  The State Committee on Investments and State 
Property Management monitored the compliance with the commitments.  Apart from this monitoring, 
his Government retained no control and had no  role in the operations, decision-making and 
management of privatized companies.  Priv atized entities operated under the same rules and 
regulations as companies that had been privat ely-owned since their inception.        
39. The representative of Tajikistan said that all State-owned enterprises in the mining and 
chemicals sectors had been privatized.  The Governme nt did not retain any management control of the 
privatized mining and chemical enterprises, and they  did not enjoy any special privileges.  As noted WT/ACC/SPEC/TJK/4 
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  above, for the enterprises sold by tender, ownership was transferred once the terms of the contract had 
been fully met.   
40. Regarding privatization in agriculture, 91 per cen t of all State-owned agricultural enterprises 
had been privatized, covering all types of agricu ltural activity.  Only enterprises belonging to the 
Academy of Sciences involved in scientific and experimental production, State seeds and pedigree 
farms or agencies, select hybrid centers, centers a nd stations for testing new products, nurseries for 
garden plants and experimental an imals, veterinary and plant protection services had not been subject 
to privatization.  In response to a specific questi on, he said that "Rural Technical Supply", a company 
still in State ownership, leased tractors, machinery and equipment to farmers who could not afford to 
purchase the equipment themselves. 
41. Enterprises that had yet to be privatized are listed in Table 3.  As of 1 April 2009, 14 large or 
medium enterprises had not been sold.  Individual privatization plans were drawn up for the sale of 
natural monopolies and major companies.  Foreign participation in the privatization of such 
companies was still to be determined.       
42. He noted that the State retained a significant stake in the energy sect or.  The enterprise 
"Barki Tojik" was wholly State-owned and produ ced electricity and provided energy transmission 
services.  An individual restructuring plan for "Bar ki Tojik" was being considered by the Government 
but a privatization schedule for the company had yet to be drawn up.   
43. Asked about enterprises not subject to privatiza tion, he said that strategic entities were the 
exclusive property of the State and would not be privatized (Government Resolution No. 388 of 
28 August 1997).  Such entities included the education system; health facilities; national property and 
historical sites; administrative buildings; facilitie s of the armed forces, security agencies, border 
troops, customs, tax and other law-enforcement bodies; defence entities; activity therapy centres; 
correctional labour institutions; geology and geodesy services etc.   
44. A Member sought confirmation from Tajikistan that  all State-owned banks, or banks in which 
the State continued to hold an equity stake, operate d on a commercial basis.  In view of the special 
characteristics of Tajikistan's economy, the Member s noted that State-owned enterprises (including 
banks) providing financial contributi ons would be considered Governme nt actors within the scope of 
Article 1.1(a) of the WTO Agreement on Subs idies and Countervailing Measures and, for the 
purposes of applying Articles 1.2 and 2 of the Agreement, subsidies provided to State-owned 
enterprises (including State trading entiti es) would be viewed as specific if, inter alia , State-owned  WT/ACC/SPEC/TJK/4 
 Page 11 
 
 
  enterprises were the predominant recipients, or r eceived disproportionately large amounts, of such 
subsidies.   
45. In reply, the representative of Tajikistan said th at all State-owned banks and banks with State 
equity operated on a commercial basis, and that the banks did not provide any subsidies on behalf of 
the Government.   
- Pricing Policies 
46. The representative of Tajikistan said that his Government had adopted Decree No. 310 
"On Approval of the Regulation on Forming and Application of Free Prices and Tariffs" of 
4 May 1995.  Pursuant to this Decree, all pri ces had been liberalized, except for goods or services 
provided by enterprises classified as natural monopoli es.  Tajikistan did not apply any minimum price 
requirements.   
47. In accordance with Article V of the Decree Law No. 526 "On Natural Monopolies" of 
13 December 1997, the activities of natural monopolies were regulated through price controls.  Prices, 
tariffs or mark-ups were fixed taking into acc ount the costs of production of the goods, works or 
services; taxes and other payments; future inv estment needs and deductions for depreciation; 
forecasted profits; location of consumers relative to  the production facilities; State subsidies and other 
measures of State support; and the quality of the goods, works or services produced by the natural monopolies and their ability to meet consumers' demands in Tajikistan.  
48. The prices charged by natural monopolies were set by, or in consultation with, the State 
Anti-monopoly Agency (Department for Antimonopol y Policy and Development of Competition in 
the Ministry of Economic Development and Trade).  The rates for electric an d thermal energy were 
set by the Anti-monopoly Agency.  Tariffs and fa res for railways were determined within the 
framework of the CIS unified tariff policy.  The Tajik railways approved th e rates and tariffs for 
railway transportation only after agreement w ith the State Anti-monopoly Agency.  A similar 
procedure for the approval of airfares had also been established.  All works and services related to air 
transportation were included in the tariffs.  He added that airports facilities, including terminal 
services, were factored into the cost of the air ticket and were not considered separately.  The State Anti-monopoly Agency also approved the rates for the supply of natural gas to all categories of 
consumers in consultation with the State-owned enterprise Tajik Gas.  Prices for energy, natural gas, 
air and rail transportation were levied and applie d equally for both domestic and export delivery.  
The price regulations applied by natural monopoli es in Tajikistan are elaborated in Table 4. WT/ACC/SPEC/TJK/4 
Page 12  
 
  Table 4: Price Regulations
 
Natural 
Monopoly Description Type of 
Regulation Responsible 
Authorities Legislation 
"Barki Tojik" Electricity production 
and transmission 
services, thermal energy Fixed 
tariff  Department for 
Antimonopoly Policy 
and Development of 
Competition, Ministry of Economic 
Development and 
Trade; Open Stock Company 
"Barki Tojik". Resolution No. 155 of 
the Government of 
Tajikistan of 
2 April 2002. 
"Tojikgaz" Purchase, transportation 
and supply of natural gas via pipelines Fixed 
tariff Department for 
Antimonopoly Policy and Development of 
Competition, Ministry 
of Economic Development and 
Trade; 
SUE "Tojikgaz". Resolution No. 44/K of 
the State Antimonopoly Agency of 
30 December 2005. 
"Tajik Air" (formerly SUE 
"Tojikiston") Air transportation 
services - passenger and 
freight, operation of transport terminals and 
airports Fixed 
tariff Department for 
Antimonopoly Policy 
and Development of Competition, Ministry 
of Economic 
Development and Trade; 
Tajik Air. Resolution No. K/04 of 
the State Antimonopoly 
Agency of 31 January 2006. 
"Rohi Ohan" Rail transportation and 
transport terminal services Fixed 
tariff Department for 
Antimonopoly Policy and Development of 
Competition, Ministry 
of Economic Development and 
Trade; 
SUE "Rohi Ohan". Note No. 4/201 of the 
State Antimonopoly Agency of 
22 February 2006. 
Stock 
Company 
"Tojiktelekom" Telecom and 
communication services Fixed 
tariff Department for 
Antimonopoly Policy 
and Development of 
Competition, Ministry of Economic 
Development and 
Trade; 
Stock Company 
"Tojiktelecom". Decision No. 33/R of 
the State Antimonopoly 
Agency of 
28 September 2006. 
"Pochtai Tojikiston" Postal services Fixed 
tariff State Department 
"Pochtai Tojik".  
 
49. A Member noted that airports in Tajikistan were subdivisions of the State-owned national 
airline, and stressed that airport owners in Ta jikistan should establish separate and non-discriminatory 
tariffs for services, in particular for ground handling.   The price controls on air transportation services 
were also noted.  In reply, the representative of Tajikistan said that only domestic flights were now  WT/ACC/SPEC/TJK/4 
 Page 13 
 
 
  subject to price regulations.  The ownership of ai rports had been transferred to regional authorities 
(Resolution No. 43 of 26 January 200 7).  He added that further liberalization of the aviation sector 
was underway with the restructuring of Tajik Air into six independent enterprises.  
50. A Member requested a commitment from Tajikistan (i ) to apply all price and profit controls in 
a WTO-consistent fashion, taking into account the in terests of exporting WTO Members as provided for 
in Article III:9 of the GATT 1994 an d in Article VIII of the General Agreement on Trade in Services;  
(ii) to confirm that price controls would not be us ed for purposes of affording protection to domestic 
providers of goods or services; and to publish all price controls, existing or future, in official 
publications.  In response, the representative of Tajikistan said that decisions on price controls and regulations were published regularly  in newspapers and periodicals.  In his opinion, Tajikistan's 
current pricing policy was in full conformity with WTO requirements and price controls would not be 
used to protect domestic produc ers of goods or services.   
- Competition Policy 
51. The representative of Tajikistan said that the Law No. 147 "On Competition and Restriction 
of Monopoly Activity in Commodity Markets" of 10 November 2000 set out the basic legal 
framework to restrict and prevent monopolistic activ ity and unfair competition in the goods market.  
Additional legislation was bei ng drafted by the State Anti-monopoly Agency (Department for 
Antimonopoly Policy and Development of Competiti on) to address existing shortcomings and to 
advance competition policies and competition in th e markets for goods and services in Tajikistan. 
52. The activities of natural monopolies were regulat ed by the Law "On Natural Monopolies" of 
13 December 1997, Regulation No. 75 of 14 Februa ry 2001 and the internal normative acts of the 
State Anti-monopoly Agency (Procedure No. 81 "On the Regulation and Fixing of Prices (Tariffs) or their Mark-up Rates" of 24 December 2004, Provision No. 81 "On the Registry of Subjects of Natural Monopolies" of 24 December 2002 and Provision No. 76 "On Legal Investigation for Violations of 
the Law on Natural Monopolies" of November 2002). 
53. Enterprises and activities classified as natural m onopolies in Tajikistan were the Open Stock 
Company "Barki Tojik"; the State Unitary Ente rprise (SUE) "Tojikgaz"; the SUE "Tajik Air"; 
the SUE "Rohi Ohan"; the Stock Company "To jiktelekom"; the State Department "Pochtai 
Tojikiston"; and enterprises under the Ministry of Industry producing goods for military purposes.  
To protect consumers' rights, the regulation of  natural monopolies was carried out through price 
regulation (Table 4) or, in cases where demand outst ripped supply, by defining the consumers and the 
minimal level of services to be provided to them by the natural monopoly.   WT/ACC/SPEC/TJK/4 
Page 14  
 
  54. Asked to define "allowed" and "t emporary" monopolies, he stated that existing legislation did 
not define these terms.  Only "natural monopoli es" had been defined in the Law "On Natural 
Monopolies" of December 1997.   
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES  
55. The representative of Tajikistan said that th e Constitution of Tajikistan separated the 
executive, legislative and judicial powers of the Stat e.  The President of Tajikistan was the Head of 
the State and formed and headed th e executive branch of the Govern ment.  The President was elected 
for terms of seven years.  The Constitution had vested wide authority with the President.  
The President had the authority to set the broad dire ction of internal and external policies; represent 
Tajikistan domestically and abroad; establish a nd dissolve bodies of executive power; appoint and 
dismiss officials, including members of the Gove rnment, heads of admini strative bodies, heads of 
local authorities and judges.  Based on, and in pursuance of, the Constitutio n and constitutional laws, 
the President also had the authority to issue new decrees and cancel or suspend the implementation of 
acts issued by the Governmental authorities if they were not in conformity with the Constitution.  
56. The Government, as appointed by the President , consisted of the Prime Minister, the first 
deputy minister and deputy ministers, minist ers and chairpersons of State committees.  
The Government was vested with executive aut hority in Tajikistan a nd was responsible for 
administering the country by implementing the laws and decisions of the Majlisi Oli (Parliament) and the decrees or instructions of the President of Ta jikistan.  The President of Tajikistan outlined the 
principal guidelines of foreign and trade policy wh ich was then implemented by the Government 
through Ministries and other agencies under the Government.  The Ministry of Economy and Trade played a leading role in the development and implementation of economic and trade policies in 
Tajikistan.  The Ministry was assisted in these functions by the Ministry of State Revenues and 
Duties, the National Bank and commercial banks.  
57. Legislative authority in Tajikistan was exercised  by the Majlisi Oli (Parliament).  The Majlisi 
Oli consisted of two chambers - the Majlisi Milli (upper chamber) and the Majlisi Namoyandagon 
(lower chamber).  The Majlisi Milli had 33 members,  of which 25 members were elected through an 
indirect secret ballot by the deputies of oblasts, c ities and districts; and the remaining eight members 
were appointed by the President.  The Majlisi Na moyandagon consisted of 63 elected deputies.  
The term of office of representatives of the Majlis  Oli was five years.  The Majlisi Namoyandagon 
had the authority to approve programmes proposed by the Government; to ratify or reject Tajikistan's 
accession to international agreements; to set up refe rendums; to establish courts; and to approve the 
State symbols and awards.  The right to initiate legislation was given to members of the Majlisi Milli,  WT/ACC/SPEC/TJK/4 
 Page 15 
 
 
  deputies of the Majlisi Namoyandagon, the President of  Tajikistan, the Governme nt of Tajikistan, and 
on some issues to the Constitutional Court, the Supreme Court and the High Economic Court.  Bills 
were examined in the relevant committees or co mmissions before being considered in the Majlisi 
Namoyandagon where the bills could be approved or rejected.  The laws  passed by the Majlisi 
Namoyandagon and approved by the Majlisi Milli we re sent to the President for signature and 
publication within one week of their approval. 
58. The Majlis of the Gorno-Badakhshan Autonomous  Oblast (GBAO) also had the right to 
initiate certain legislation and fix rates and exemptions  of local taxes, duties and fees transferred to the 
local budget in line with Article 12 of the C onstitutional Law "On Gor no-Badakhshan Autonomous 
Oblast".  While the types and rates of local ta xes were determined in accordance with the 2004 Tax 
Code, all other trade policy issues were determined by the Central Government.  He clarified that on 
matters of legislation and enforcement of policies affecting trade and the protection of intellectual 
property rights, all promulgated la ws, regulations, resolutions, Presidential decrees and international 
legal obligations accepted  by Tajikistan, applied to the whole territory of the Republic of Tajikistan, 
including the GBAO, if not stated otherwise in the legislation.  There were no predetermined cases 
where laws and regulations were not applied in the GBAO.  He confirmed that pursuant to Article 16 
of the Constitutional Law "On Gorno-Badakhshan Autonomous Oblast", in cases of conflict between 
the laws of Tajikistan and those of the GBAO, the legislation of Tajikistan would have precedence.   
59. In accordance with Article 84 of the Constitution,  judicial power in Tajikistan was exercised 
by a system of courts which included the Constitutional Court; the Supreme Court; the High 
Economic Court; the Court of Military Justice; the Courts of the GBAO, the oblasts and Dushanbe; 
town and district courts; and the Economic Cour ts of the GBAO, the oblasts and Dushanbe.  
The Constitutional Court ruled on matters directly re lated to or defined by the Constitution and settled 
disputes between State bodies.  Decisions of the C onstitutional Court were final.  The Supreme Court 
was the highest judicial body carrying out judicial re views of the subordinate co urts on civil, criminal, 
administrative and other cases.  The High Economic Court was the highest judicial body for dispute settlement on economic and other cases under consid eration by the Economic Courts.  The High 
Economic Court also carried out judicial re views of the subordinate Economic Courts.  
60. In economic disputes, any person, including fore ign physical and legal persons, had the right 
to redress violated or disputed rights and legal interests through the submission of a claim with supporting documents.  Legal proceed ings in Economic Courts were b ased on the principle of equality 
of all parties.   WT/ACC/SPEC/TJK/4 
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  61. Asked to elaborate on the concept of "economic  disputes", whether it would include disputes 
between a private entity and the State (or a St ate-owned entity), and whether it would include 
intellectual property disputes, the representative of  Tajikistan said that Chapter 4 of the Code on 
Economic Court Proceedings of 2008 set out the juri sdiction of the Economic Courts and as economic 
disputes were defined by the parties to the dispute ra ther than by the subject matter, disputes related to 
intellectual property could, accordingly, be addressed either at the economic or the ordinary courts.  
Disputes in the Economic Courts of first instance we re considered individually except for bankruptcy 
cases which were considered collectively.  Cases were normally considered and cleared by the 
Economic Courts within two months of the claim.  Decisions of an Economic Court of first instance 
could be appealed against provided the appeal was lodged within one month of the court's decision.  
Appeals were considered within one month of th eir receipt.  The High Economic Court examined the 
legality of the decisions made by the Economic C ourt of first instance and the Appeal Courts.  
Decisions of all Economic Courts, ha ving entered into force, could be reconsidered by the Plenum of 
the High Economic Court if there was an objection raised by the Chairperson of the High Economic 
Court or the General Prosecutor. 
62. Actions of the State relating to the exercise of  governmental authority could be challenged in 
the courts.  Administrative procedures available to importers and exporters c ontesting the decisions of 
customs, tax and standards bodies in Tajikistan were regulated and governed by the Code 
"On Administrative Violations" and Chapter 7 (in pa rticular Article 46) of the Customs Code of 
December 2004, Chapter 11 (in particular Article 101.1) of the Tax Code of December 2004, and 
Article 9 of the Law "On Certification of Goods an d Services" of 1996.  Asked to describe the appeal 
process for administrative procedures, he said that appeals against customs decisions, officials and 
actions - including failure to act - could be directed  to the customs authoriti es, the prosecutor's office 
and/or to the courts.  The total time for addressing complaints could not exceed two months.      
63. The representative of Tajikistan confirmed that  upon the conclusion of Tajikistan's accession 
negotiations, the relevant texts adopted by the WTO Membership would be signed by the President or 
a member of the Government.  The accession package would then be subject to ratification by the Majlisi Oli before Tajikistan's Accession Protocol could enter into force.  The WTO Agreements, 
once ratified by Tajikistan, would become part of the domestic le gislation and WTO provisions would 
be enforceable in the Economic Courts.  In cases of conflict, the provisions of international treaties or 
agreements would supersede domestic laws.  The Ec onomic Courts could also use foreign legislation 
in some cases.  According to Article 11 of the Ec onomic Procedural Code, the Economic Courts could 
apply the laws of other countries if this was referred  to under Tajikistan's la w or in any international 
agreements of Tajikistan.  Furthe rmore, Article 12 of the Economic Procedural Code stated that if a  WT/ACC/SPEC/TJK/4 
 Page 17 
 
 
  foreign law was applied, the Economic Court de termined the law's cont ent and norms, and its 
application in accordance with the foreign law's in terpretation and application in the foreign country 
in question.   
64. If not otherwise provided for in international agreements, disputes between foreign investors 
and the State were always referred to the cour ts in Tajikistan.  In  accordance with the 2007 
Investment Law, foreign investors and domestic en tities had the right to settle disputes through a court 
of arbitration if the terms of the agreement be tween the disputing parties allowed for this.  
The agreement could be either in the underlying inv estment contract, or the disputing parties could 
subsequently reach an agreement to refer a particular  dispute to a court of arbitration.  Investment 
disputes could also, to the extent possible, be reso lved through negotiations between the parties or be 
referred to the Tajik courts or an international arbitr ation court.  If agreed to with the other parties, 
foreign investors could specify in the contract or written agreement that arbitral proceedings be held 
under foreign jurisdiction.  In such instances, the Economic Courts in Tajikistan would only perform 
certain procedural actions.  For arbitration proceedings  in Tajikistan, the court of arbitration would be 
created by the disputing parties and would consist of  three judges.  Decisions taken by the court of 
arbitration would be implemented voluntarily within  the parameters and timeframe set forth in the 
arbitration decision.  In case either of the par ties failed to observe the court's decision, the High 
Economic Court could issue a receiving order that was mandatory.  The Court of Arbitration was not a sitting court, but an ad hoc court, and to date, no Court of Arbitration had ever been established in 
Tajikistan.   
65. He added that Tajikistan was planning to a dopt the New York Convention on the Recognition 
and Enforcement of Foreign Arbitral Awards.  Th e recognition and execution of a foreign arbitration 
award could the denied - in part or in full - when  it contradicted public policy or on grounds envisaged 
in an international act recognized by Tajikista n (Article 223 of the Code on Economic Court 
Proceedings).   
IV. POLICIES AFFECTING TRADE IN GOODS  
- Trading Rights 
66. The representative of Tajikistan said that legal en tities in any form provided for in Tajikistan's 
Civil Code - whether sole proprietorships, joint ve ntures, corporations and limited liability companies 
- could be established by both domestic and fore ign nationals.  The main regulations governing 
business entity formation were outlined in Chapter 4 (Articles  48-135) of the Civil Code.  WT/ACC/SPEC/TJK/4 
Page 18  
 
  The procedure for State registration of a legal entity was set out in Article 9 of Law No. 5 "On State 
Registration of Legal Entities" of 22 April 2003.   
67. Legal entities were expected to approach th e registration body and initiate their State 
registration within one month of incorporation.  To  register, businesses submitted an application with 
supporting documents in duplicate, i.e. the constitu ent documents and decisions on the establishment 
of the legal entity; the certified legal address and location of the business; documents on the 
authorized capital of the company (where stipulat ed by legislation); information on the founder(s); 
an extract from the single State register should the founder(s) be an existing legal entity; and a receipt or copy of the payment order for the State duty.  Although registration was not automatic, the registration body would normally complete the process within ten days of receipt of the application.  
Company registration was not linked to any speci fic investment require ment beyond the minimum 
statutory fund of a Tajik company stipulated by law.  The registration requirements for domestic and 
foreign investors were the same except that enterp rises with foreign participation were required to 
translate their foreign documents into the State la nguage of Tajikistan and paid a higher State duty for 
registration - 50 times the minimum wage versus 15 times the minimum wage for a domestic 
company (Article 4 of the Law "On State Duty").  The minimum monthly wage in August 2008 was 
60 Somoni or US$17.60.   
68. Registration requirements for import and export ope rations had been eliminated with the entry 
into force of Law No. 3 of 24 February 2004, which had amended the La w "On Foreign Economic 
Activity" of 27 December 1993.  Tajikistan had repeal ed the registration requirements, in particular 
the "certificate of participant" and the applicati on for a certificate based on a "registration card", as 
part of the domestic reforms to accede to the WTO.   
69. Pursuant to these reforms, any legal or natural person - domestic or foreign - registering for 
business in Tajikistan had the unrestricted right to be  the importer or exporter of record and, in the 
case of an importer, had the unrestricted right to distribute the imports or to sell the imported goods to 
any legal or natural person with the right to distri bute them.  The importer of record was responsible 
for the payment of duties and securing any licenses needed for importation.   
70. Some Members noted that the right to be the im porter of record appeared to be contingent on 
commercial presence in Tajikistan.  In response, th e representative of Tajikistan reiterated that foreign 
individuals and legal entities wishing to import goo ds into Tajikistan would need to maintain and 
register their commercial presence in Tajikistan.    WT/ACC/SPEC/TJK/4 
 Page 19 
 
 
  71. The representative of Tajikistan said that lega l entities or natural persons resident in 
Tajikistan and engaged in import, export or any entrepreneurial activity needed an Identification 
Taxpayer Number (ITN) issued by the Ministry of  State Revenues and Taxes.  The ITN was issued 
for tax collection purposes only.  Articles  45-46 of the Tax Code of 3 December 2004 set out the 
procedures to obtain an ITN.  The ITN was issued against submission of the application form, a copy 
of the verified State registration certificate, and documents confirming the est ablishment of the legal 
entity, or passports (for natural persons).  The pro cedures were the same for all legal entities or natural 
persons, domestic or foreign.  He added that non-resident foreign exporters did not need an ITN as 
long as the importer in Tajikistan had an ITN. 
72. Regarding customs brokers, he said that specialists  on customs clearance had to be registered 
and listed in the Register of Customs Brokers.  The registration criteria, requirements and process 
were outlined in Chapter 15 (Articles  140-141) of  the Customs Code.  Indi viduals with the necessary 
competence certificate and qualifications were include d in the register for free.  Legal entities had to 
submit a written application, with supporting doc uments, to the relevant customs authority for 
registration in the Register.  Applications were  processed within 15 days, and successful applicants 
were issued a certificate of registration.  
73. The representative of Tajikistan noted that a bout forty five activities (Table 5 (a)) were 
subject to licensing pursuant to Law No. 37 "On Licensing of Separate Types of Activity" of 17 May 2004 and Regulation No. 172 "On the Peculi arities of Licensing Certain Types of Activities" 
of 3 April 2007 (replacing Regula tion No. 337 of 1 September 2005).  As the activities were defined 
broadly, and mostly related to the production of goo ds and services, the licence would also entitle the 
holder to engage in importing or exporting, if  relevant, as no distinction was made between 
production, distribution or commerce.  The procedur es and the authorities respons ible for the issue of 
the licenses varied according to the activity.  Th e fees for processing and issuing activity licenses, 
including those on imports and exports, were set out in Regulation No. 172.  Imported products 
subject to activity licensing are listed in Table 5(b).   
74. In addition to Law No. 37 and Regulation No . 172, trade in pharmaceuticals and medical 
goods were governed by Resolution No. 204 "On the Rules of Import and Export of Medicines, 
Medical Products, Narcotics, Psychotropic Substan ces and Precursors Applicable in Medicine" of 
2 April 2009.  An activity licence for pharmaceuticals issued by the Ministry of Health was required 
to allow the holder to engage in importation and ex portation of medicines and medical products.  Only 
legal persons could be issued the licence.  The ma nufacturer and the medical product needed to be 
registered in Tajikistan to obtain the activity licence.   The procedures were the same for domestic and WT/ACC/SPEC/TJK/4 
Page 20  
 
  foreign enterprises.  A list of the documents require d to obtain registration of medical products was 
provided in document WT/ACC/TJK/15 Annex IV.  Pharmaceuticals were assessed on the basis of 
their effectiveness, safety and quality.  The licen ce for pharmaceutical activities required the State 
registration of the legal entity, the ITN,  the re cruitment and training of the necessary experts, the 
facilities and equipment to engage  in medical activities, and the supporting documents specified in 
Regulation No. 172.  The time and supporting documen ts required to register medical products varied 
with the type of product and could take two to six months from the date of application.  The product 
registration was valid for five year periods and coul d be extended.  Any quantity of the product could 
be imported once the registration procedures had been completed and the activity licence had been issued.  Pharmaceuticals and medical equipment could also be imported without registration in 
emergency situations.   He added that the licen sing procedures for the importation and exportation of 
biologically active substances were the same as that  for medicines.  Importation of chemical agents 
and biological preparations had to be accompanied by a "certificate of conformity" issued by the producer.  Manufacturers and suppliers of these produ cts had to guarantee output through submission 
of normative and technical documents to the Commission of Chemical Security.     
75. Trade and circulation of precious metals and stones were regulated by Resolution No. 215 
"On Procedures of Purchase and Sale, Export and Import of Precious Metals, Precious Stones and 
Raw Stock, Goods Containing Precious and Nonf errous Metals" of 6 May 2006 and Resolution 
No. 172.  Activity licenses delivered by the Minist ry of Energy and Industry were required for 
recuperating, processing and the sale of scrap and w aste of ferrous and non-fe rrous metals; refining 
precious metals; and recuperating precious stones. The Ministry of Finance issued the licenses for the purchase and wholesale and retail trade of jeweller y and other goods made of precious metals and 
stones and related scrap.   
A. IMPORT REGULATION - Ordinary customs duties 
76. The representative of Tajikistan said that the Customs Code of 3 December 2004, entering 
into force on 1 January 2005, had replaced Law No . 744 "On Customs Tariff" of 14 May 1999 as the 
legal basis for the formulation and application of  custom duties.  In accordance with Regulation 
No. 44 of 5 February 2003, the tariff nomenclature u sed by Tajikistan was the eleven digit Euro Asian 
Economic Community (EAEC) Commodity Nomenc lature of Foreign Economic Activities.  
The EAEC classification was based on, and conf ormed with, the Harmonized System (HS) 2002 
description and coding of commodities.  He stated  that Tajikistan did not intend to discriminate  WT/ACC/SPEC/TJK/4 
 Page 21 
 
 
  among "like" products in its bound rates even tho ugh Tajikistan's nomenclature contained tariff line 
descriptions based on geographical names.   
77. Tajikistan applied import duties on a most favour ed nation (MFN) basis at rates determined 
by the Majlisi Oli.  The practice of levying import du ties at twice the MFN rate when the country of 
origin of the imported commodity was not identif ied, or for commodities imported from countries 
with whom trade and political relations did not prov ide for the application of MFN duties, had been 
discontinued pursuant to Resolution No. 450 "O n Customs Tariff" of 25 October 2003.   
78. Tajikistan applied ad valorem , specific and compound duties.  Ad valorem  import duties were 
currently applied in tariff bands of 0, 2.5, 5, 10  and 15 per cent.  These rates, set out in Resolution 
No. 450, had superseded and replaced a unified tariff of 5 per cent applied provisionally as per Decree 
No. 187 of 30 April 2002.  Non ad valorem  duties applied by Tajikistan were set out in Annex I of 
Resolution No. 450.  He added that Tajikistan was modernizing its customs services and in this 
regard, a website was being set up by the Ministry  of Public Revenues and Charges.  The website 
would post relevant information on the existing customs and tariff policies of Tajikistan.   
79. Seasonal duties could be applied for the regula tion of imports and exports.  In accordance 
with Article 343 of the Customs Code, seasonal duties could be applied in lieu of, and by suspending, 
the application of the existing customs duties.  S easonal duties could not be levied for more than 
six months in a year.  Tajikistan had no plan s to apply seasonal duties to industrial goods.  
Agricultural products on which seasonal duties could be applied would be indicated in Tajikistan's 
tariff offers and the application period would be notifie d in advance.  He stated that Tajikistan had so 
far not resorted to the use of any seasonal duties.   
[Tajikistan's submitted its initial goods  offer submitted in February 2004.  The latest revised offer of 
March 2009 is available for consultation (see noti ce in document WT/ACC/SPEC/TJK/1/Rev.3).  The 
Customs Tariff of October 2003 is availa ble for referen ce (see notice in document 
WT/ACC/TJK/3/Add.1). ] 
- Other duties and charges 
80. The representative of Tajikistan said that Tajikis tan did not levy any other duties or charges 
within the meaning of Article II.1(b) of the GATT 1994.   WT/ACC/SPEC/TJK/4 
Page 22  
 
  - Tariff rate quotas, tariff exemptions 
81. The representative of Tajikistan said that Artic le 345 of the Customs Code exempted from 
custom duties (i) domestic or foreign currenc y and securities, except for numismatic purposes; 
(ii) precious metals (gold, silver, platinum, pa lladium, rhodium, iridium, ruthenium and osmium) 
imported by the National Bank of Tajikistan and these precious metals and precious stones (processed 
or rough diamonds, sapphires, emeralds, rubies, alex andrite, pearls and spenels) imported by an 
authorized State financial body on behalf of the St ate depositary of values; (iii) goods as humanitarian 
aid transferred free of charge to State agencies of Tajikistan; (iv) medicines, agricultural equipment 
and components, as identified and listed by the G overnment; (v) goods for target projects, approved 
by the Government of Tajikistan, and funded by gr ants, credits or loans from individuals, foreign 
States or governments, or international organizati ons; (vi) goods for the construction of objects of 
special importance for the social and economic de velopment of Tajikistan.  The list of goods was 
determined by the client and ge neral contractor, and approved by a special Resolution of the 
Government and involved no discrimination agains t imports or goods produced domestically by 
foreign-owned firms; and (vii) manufacturing or  technological equipment and essential components, 
used directly in the production of goods, work s and services by newly established, refitted or 
renovated enterprises in accordance with procedures of  the Government of Tajikistan.  Goods subject 
to excise tax were not covered by this exception.   Personal property impor ted into Tajikistan by 
foreign employees was also not exempt from duties.  He added that custom duties would be collected, 
as applicable, in case of the liquati on of an enterprise, or the non-usage or sale of the equipment by 
the enterprise within four years of import.   
82. On tariff quotas, he said that the 2004 Customs Code had revoked provisions in the Law 
No. 744 "On Customs Tariff" envisaging the use of tariff quotas.  Tariff quotas had never been applied in practice in the regulation of foreign trade in Tajikistan.  
83. The representative of Tajikistan confirmed that any changes in the application of tariff quotas 
and tariff exemptions would be undertaken in a tran sparent and consultative manner.  The Ministry of 
Public Revenues and Charges was responsible for implementing customs policies, and would inform 
and consult with interested parties on these issu es.  The Ministry had established an Advisory 
Committee for Participants of Foreign Ec onomic Activities for this purpose.   
- Fees and charges for services rendered 
84. The representative of Tajikistan said that Article  348.2 of the Customs Code stipulated that 
"customs fees shall be limited to the cost of th e services provided and should not provide an indirect  WT/ACC/SPEC/TJK/4 
 Page 23 
 
 
  protection for domestic products or taxation of imports for fiscal purposes".  Article 347 of the Code 
enumerated customs fees in the form of (i) fees for customs clearance; (ii) fees for customs escort; 
(iii) fees for the storage of goods in customs wa rehouses according to the requirements outlined in 
Chapter 25 (Articles  215-233) of the Code; and (iv) fees for the issue of a qualification or competence certificate for specialists on customs cl earance.  Customs brokers were required to follow 
a one month course and pass a qualification exam to obtain a certificate of competence delivered 
pursuant to Article 147 of the Customs Code.  In r esponse to a specific questi on, he added that the 
customs escort fee was applied in certain high-risk cases or for failure to provide financial guarantees.  The escort requirement was being phased out and no longer applied to goods tr ansported by vehicles 
with TIR carnets or goods transported by railway. 
85. The representative of Tajikistan said that an ad valorem  fee of 0.15 per cent of the customs 
value for the customs clearance of goods and ve hicles, established pursuant to the 1995 Customs 
Code, had been replaced by a customs clearance ch arge levied in accordan ce with Resolution No. 472 
"On Approval of the Rates of Customs Fees for Rendering Customs Services" of 2 December 2005.  
The fees and charges effective as of 1 January 2006 ar e enumerated in Table 6.  He noted that State 
duties, applied at rates set out in Article 4 of th e Law "On State Duty" of 28 February 2004, were 
charged for legal actions or for the issue of documents  by authorized bodies.  State duties were levied 
for claims and court applications, notary services, State registration of marriages and divorces, documents pertaining to citizenship, legal actions by  the Ministry of Justice etc.  These duties were 
not specifically levied on customs documents, appli cations for import or export licenses, or for any 
other import or export related activity.   
Table 6:  Customs Fees
 
No. Type of Service Fee US$ 
1. The customs fees for customs clearance of goods and 
transport means, the customs cost of which amounts to: 
- up to US$5,001 - from US$5,001 up to US$10,001 
- from US$10,001 up to US$50,001 
- from US$50,001 up to US$100,001 - from US$100,001 up to US$500,001 
- from US$500,001 up to US$1000,001 
- from US$1000,001 and up  
 
10 20 
70 
150 400 
800 
900 
2. Fees for customs escort of goods and transport means 
(for 10 km) 3 
3. Fees for storage of goods in customs warehouses: 
- transport means, for a unit per day 
- goods, for 1 kg per day  
1 
0.01 
4. Customs fees for issue of a qualification certificate of a 
customs clearance specialist  
50 
 WT/ACC/SPEC/TJK/4 
Page 24  
 
  86. Some Members noted that Tajikistan had abolished the 0.15 per cent ad valorem  customs 
clearance fee and replaced it with a new fee structur e that was nevertheless based on the value of the 
item cleared and not on the administrative cost of cu stoms clearance.  Tajikistan was asked to justify 
the new fee structure and explain how it accorded  with the principle of Article VIII of the 
GATT 1994.  In reply, the representative of Tajikistan said that the current fee structure was similar to the structure applied in other countries.     
- Application of internal taxes to imports  
87. The representative of Tajikistan said that intern al taxes were applied in accordance with the 
Tax Code of 3 December 2004.  Imports and domes tically produced goods were subject to excise 
taxes and Value Added Tax (VAT).  The excise duty regime was based on Resolution No. 153 of 
31 March 2003.  Effective 1 May 2003, identical dut y rates were levied on domestically-produced and 
imported goods.  The tax rates and goods subject to excise duties are lis ted in Table 7.  Exports were 
exempt from excise duties.  Ethyl alcohol used in the production of alcoholic solutions was eligible 
for an excise offset when used fo r scientific research and analysis or for medical purposes in hospitals 
and pharmacies pursuant to Article 215 of the 1998 Ta x Code.  The offset equalled the amount of 
excise duties paid.  
88. Some Members noted that Tajikistan levied diffe rent excise tax rates on brown spirits relative 
to other distilled spirits and requested a justificati on for such differential treatment of similar ("like") 
products.  The representative of Tajik istan considered brown spirits di stinct from other distilled spirits 
in terms of the production processes, costs and consum ption patterns.  The Members did not share this 
view.   
89. The representative of Tajikistan said that goods an d services were subject to VAT, levied at a 
single rate of 20 per cent.  The tax base for imports was the customs value inclusive of customs duties, 
excise tax (if applicable), and customs service charges levied at the border.  VAT was applied on an 
MFN basis to imports from all trading partners.  Expor ts to all destinations were zero-rated to avoid 
double taxation of Tajik exports.  He was not aware of any State applying VAT to goods exported to 
Tajikistan. 
90. VAT exemptions on the supply of goods and services were provided in accordance with 
Article 211 of the 2004 Tax Code for (i) the sale, transfer and rent of real estate, except for hotel 
accommodation, holiday homes and newly constructe d homes less than two years old; (ii) the 
provision of financial leasing services; (iii) fore ign or national currency and securities, except for 
numismatic purposes; (iv) religious services and r ituals by religious organizations; (v) medical  WT/ACC/SPEC/TJK/4 
 Page 25 
 
 
  services, except cosmetic services, provided by persons with State licenses or permission to engage in 
this activity; (vi) educational services, specifically  preschool training and education; general basic and 
intermediate education; elementary, intermed iate, higher professional, graduate professional 
education; and additional and speci al education, by persons with State licenses or permission to 
engage in these activities; (vii) humanitarian aid; (viii) the supply of goods, works and services by penitentiary agencies or State enterprises involve d in the penitentiary system of Tajikistan; 
(ix) newspapers, magazines, art literature, childre n's literature, scientific books, technical books and 
textbooks (except erotic and specialized advertiz ing publications); (x) children's goods such as 
clothing, shoes, head dresses, hosiery and so cks, as per a list fixed by the Government; 
(xi) specialized goods used by the handicapped; and (xii) sanatorium resort services provided by 
institutions approved by the Government.  The VAT exemptions applied regardless of the nationality 
of the provider.   
91. Imports exempt from VAT included (i) foreign and national currency and securities, except 
for numismatic purposes; (ii) precious metals, gems  and stones (gold, silv er, platinum, palladium, 
diamonds, sapphires, emeralds, rubies, pearls, spenel s and alexandrites) imported by the Ministry of 
Finance and the National Bank of Tajikistan; ( iii) goods as humanitarian aid transferred on a 
non-repayable basis to charitable organizations or to  State agencies of Tajikistan; (iv) industrial or 
technological equipment and components, used di rectly in the production of goods, works and 
services by foreign enterprises.  VAT would be coll ected in case of liquation of an enterprise or 
non-usage of the equipment within four years of im port; (v) agricultural technology, i.e. machinery, 
equipment and spare parts, as identified by the G overnment; (vi) goods for target projects approved 
by the Government of Tajikistan, and funded by gr ants, credits or loans from individuals, foreign 
States or governments, or international organizati ons; (vii) goods for the construction of "objects of 
special importance" as determined by the Governme nt of Tajikistan; (viii) raw materials, energy 
resources and equipment imported by the Tajik Aluminium Plant for the production of primary 
aluminium.  The volume and type of exempted inputs was determined by the Government; and 
(ix) specialized goods used by the handicapped.  He  confirmed that all internal and external sales of 
these products, regardless of origin or destina tion, were exempt from VAT in accordance with 
Article 211.3 of the 2004 Tax Code. 
92. The representative of Tajikistan added that domestically produced primary aluminium and 
cotton fibre were exempt from VAT, but subject to a sales tax levied in accordance with Chapter 43 
(Articles 311-317) of the 2004 Tax Code and Law No . 664 of 12 November 1998.  The tax amounted 
to 10 per cent on cotton fibre and 3 per cent on prim ary aluminium sold in the domestic market or 
exported.  Imported primary aluminium and cotton fibre were not exempt from VAT.   WT/ACC/SPEC/TJK/4 
Page 26  
 
  93. Some Members stated that Tajikistan should br ing its VAT regime into conformity with 
Article III:2 of the GATT 1994 by abolishing the sal es tax and by applying the same rate of VAT to 
domestic production of primary aluminium and co tton fibre as applied to imports of primary 
aluminium and cotton fibre.  Appropriate WTO conf ormity should be achieved without undue delay.  
In reply, the representative of Tajikistan confirmed Ta jikistan's willingness to abolish the sales tax.  In 
January 2008, his Government had approved a Plan of Action to simplify import and export 
procedures, and amend the Tax Code (incl uding replacing the sales tax with VAT). 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
94. The representative of Tajikistan provided information on non-tariff measures applied on 
imported goods notably on foodstuff and food additives; narcotics; medical goods; poisonous 
substances; ethyl alcohol and alcoholic bevera ges; radio-electronic facilities and high-frequency 
devices; cryptographic devices; uranium and other radioactive chemical elements; explosives; and 
arms, ammunition, equipment and accessories for military purposes (Table 8). 
95. Concerning restrictions on alcohol, he noted  that Resolution No. 131 "On Approving of 
Regulations Related to State Regulation of Produc tion and Turnover of Ethyl Alcohol and Alcoholic 
Beverages" of 7 April 1999 allowed the impositi on of import quotas on ethyl alcohol and alcoholic 
beverages.  However, this legal provision had never been used.  Production and trade in ethyl alcohol 
and alcoholic beverages was regul ated through licensing.  Only licensed enterprises would be 
considered legitimate producers of alcohol and thus  eligible to obtain import or export licences for 
ethyl alcohol and alcoholic beverages.  In the p ast, licenses had been issued  by the State Unitary 
Enterprise "Khurokvori Food and Processing Industry Corporation".  The licensing authority had subsequently been transferred to the Ministry of  Energy and Industry.  Tajikistan had introduced 
import restrictions on ethyl alcohol - an important  ingredient in domestic production of alcoholic 
beverages - as a more liberal impor t regime operated in the past had led to considerable unregulated 
production of low-quality goods.  He stressed that the restrictions on the production and trade in 
alcohol had been introduced to safeguard human  health and as such could be justified under 
Article XX(b) of the GATT 1994. 
96. Some Members noted that Tajik legislati on allowed the imposition of quantitative import 
restrictions on alcohol, and that Tajikistan was seeki ng to maintain trade restri ctions with reference to 
the GATT Article XX(b).  However, import quotas were inconsistent with Article XI of the 
GATT 1994 and Article 4 of the Agreement on Agri culture, the measures imposed by Tajikistan 
appeared to be more trade-restrictive than necess ary, and Tajikistan had provided no evidence that 
comparable restrictions were being applied to domes tic production of such goods.  Health concerns in  WT/ACC/SPEC/TJK/4 
 Page 27 
 
 
  relation to these products should be addressed in ot her ways, in particular through measures to 
regulate consumption. 
97. The representative of Tajikistan reiterated that despite the legal provisions, no formal import 
quotas had been established on alcohol so far.  Leg itimate producers were allowed to import the ethyl 
alcohol needed for their own production without limitation.  The level of alcohol imports had 
fluctuated over the years in line with movements in domestic consumption.  However, while import 
licensing was mainly maintained on health grounds a nd linked to transit restrictions in neighbouring 
countries, he acknowledged that the import restric tions on alcoholic beverages had also served to 
maintain a proportion of the market for domestic production. 
98. Concerning the application of non-tariff measu res on other import items, the representative of 
Tajikistan said that a "Government permit" was n eeded pursuant to Government Resolution No. 111 
of 19 February 1997 for the importation of (i) ur anium and other radioact ive substances, nuclear 
technologies, appliances, equipment or plants and other sources of radiation including radioactive 
waste; (ii) gunpowder, explosives and related waste; (iii) drugs and psychotropic or toxic substances; 
(iv) military equipment, arms and munitions, spar e parts, works and services (including engineering 
or documentation for military production), military  uniforms and related items for military use; 
and (v) cryptographic devices, in cluding cryptographic equipment, spare parts and cryptographic 
software.  Responding to concerns that a broa d import licensing requirement for cryptographic 
equipment could jeopardize trade in everyday t echnology goods, he confirmed that Tajikistan's 
licensing requirement had been introduced for natio nal security reasons and th erefore did not extend 
to everyday consumer products containing encrypti on equipment and software such as cell phones and 
laptop computers.  Pursuant to Regulation No. 371 of 1 August 1994, the State Service for the Control 
and Regulation in the Area of Communication and Information Technologies under the Ministry of Transport and Communication administered the importation of radio-electronic facilities and 
high-frequency devices.  Item 9 of the Regulati on determined the goods requiring permission or 
licenses for importation into Tajikistan.  As indicated  in Table 8, importation of many types of goods 
required a permit or licence issued by the Governme nt.  In such cases, the applicant would first 
approach the line ministry in charge of regulating the good(s) in question.  The Ministry would then 
present the request to the Government for decision. 
99. Importation and exportation of medicines and medical products was regulated in accordance 
with Resolution No. 245 of 5 June 2002, Law No. 37 "On Licensing Certain Types of Activities" of 17 May 2004, and the amended Regul ation No. 172 "On the Peculiariti es of Licensing Certain Types 
of Activities" of 3 April 2007.  Resolution No. 46 5 "On approval of Regulation on the Procedure of WT/ACC/SPEC/TJK/4 
Page 28  
 
  Issue of Licenses in the Sphere of Legal Turnove r of Drugs, Psychotropic Substances and Precursors" 
had been abrogated with the introduction of ac tivity licensing pursuant to Regulation No. 337 on 
1 September 2005.  Similarly, Resolution No. 453 of 27 October 1999 re gulating importation and 
exportation of tobacco products had been revoked as domestic production of tobacco had become 
subject to activity licensing.  He also confirmed that Resolution No. 62 of 20 February 1998 stipulating the need to obtain authorization from the Ministry of Agriculture to import silkworms, 
seeds, and agricultural and d ecorative herbaceous crops had not been applied since 1998. 
100. A Member sought clarification whether Tajikis tan applied automatic import licensing within 
the meaning of Articles  1 and 2 of the Agreem ent on Import Licensing Procedures, in which case all 
legal and natural persons seeking to import the affect ed products would be equally eligible to apply 
for and obtain the licenses; licence applications c ould be submitted on any working day prior to the 
customs clearance of the goods; appropriately comple ted applications would be  approved in all cases 
within a period not exceeding ten working days; a nd no reasons existed to refuse a licence, and no 
circumstances existed under which a licence could be refused. 
101. In reply, the representative of Tajikistan said that Tajikistan's import licensing requirements 
were non-automatic, except for the importation of medical goods, which were subject to automatic 
licensing.  He added that Tajikistan intended to de velop its licensing system in accordance with the 
Agreement on Import Licensing Procedures.  Licence applications were not rejected for minor documentation errors according to current practice, but  the existing practice would be codified in new 
legislation.  This work would also address the transp arency and notification aspects of the Agreement.  
The import licensing questionnaire would be subm itted once the new licensing system had been 
adopted. 
- Customs valuation 
102. The representative of Tajikistan said that th e Customs Code of 3 December 2004, in force 
since 1 January 2005, had abrogated the previous le gislation on customs valuation, in particular the 
Law "On Customs Tariff" of 14 May 1999.  He c onsidered the customs valuation system under the 
2004 Customs Code to be in compliance with th e WTO Agreement on Implem entation of Article VII 
of the GATT 1994 (Customs Valuation Agreement) .  In particular, Chapter 42 of the Code 
"On Specification of Customs Value of Goods" had b een developed in line with the provisions of the 
Agreement and the revised Kyoto Convention on simplification and harmonization of customs 
procedures.  The hierarchy of valuation methods and the conditions under which these could be used 
corresponded to the provisions of the WTO Agreemen t.  Normative and legal acts to implement the 
Customs Code were in the process of being appr oved by the relevant Ministries and Government  WT/ACC/SPEC/TJK/4 
 Page 29 
 
 
  agencies.  A (draft normative act) Regulation "O n methods of applying Customs Valuation", would 
incorporate the text of the Interpretative No tes of the Customs Valuation Agreement.   
103. The principal valuation method in Tajikistan was the transaction value.  In line with 
Article 355 (Item 2) of the Customs Code, the tran saction value incorporated the expenses borne in 
the delivery of goods into the customs territory of  Tajikistan, including costs for transportation, 
transhipment, loading or unloading; insurance; e xpenses borne by the purchaser for items such as 
packing and packaging material, broker fees and commissi ons, containers etc. if considered part of the 
goods being valued; raw materials and other inputs (works, services) directly or indirectly bartered by 
the buyer or importer to the seller for the production or sale of the imported goods; royalties and licence fees payable directly or indirectly by the purchaser or importer as a condition for sale, if such 
royalties and fees had not been included in the price, actually paid or payable; and profits accrued by 
the seller from any further resale, transfer or us e of the goods in Tajikistan.  He considered 
Article 355 to be fully consistent with Article 8 of the Customs Valuation Agreement and noted that 
the Customs Body had adopted rules and procedures for the information to be included in customs 
declarations and adjustments to the transaction value.   In response to a specific question, he added that 
Tajik enterprises were in the process of implem enting the generally accepted accounting principles 
pursuant to Government Resolution No. 465 of 3 Oc tober 2006.  He expected the process to be 
completed by 2010.    
104. Some Members requested further information on the conformity of the customs valuation 
legislation with the provisions of the Customs Valuation Agreement, in particular with its 
Articles 1.2(a) and (b); 2; 5 (including 5.1(a) and 5.2); 7; and 10.  Some Members reiterated their 
interest in Tajikistan submitting a comp leted Customs Valuation Questionnaire. 
105. In reply, the representative of Tajikistan said th at the Customs Code reflected these respective 
provisions of the WTO Agreement in its Articles  3 54 to 360.  He confirmed that the Customs Code 
prohibited the use of valuation practices such as minimum import values and reference prices, and 
that the Code used terminology identical to, and c onsistent with, the Agreement.  The protection of 
confidential information obtained by Customs Bodies was provided for in Article 9 of the Customs Code.  Tajikistan fulfilled the transparency and publ ication requirements outlined in Article 12 of the 
Agreement through Government Regulation No. 456 (Item 14) of 5 October 2001, wherein normative 
legal acts were published in official publications (e xcept for acts that contained State or other secrets 
protected by law).  Normative legal acts, judicial  decisions and administrative rulings of general 
application would come into force only upon their publication.  This requirement also applied to 
normative acts on customs valuation. WT/ACC/SPEC/TJK/4 
Page 30  
 
  106. The right to appeal was provided for in Ch apter 7 of the Customs Code "On appealing 
Decisions, Actions (Inaction) of the Customs Author ity and Customs".  The Code permitted the right 
of administrative appeal, without penalty, of any decision taken by the Customs Bodies, and the final 
right of appeal to a judicial authority as required in  Article 11 of the Agreement.  Article 46 (Item 1) 
of the Customs Code stated that "decisions, actions (inaction) of customs agencies or their officials 
may be appealed in customs agenci es, prosecutor's office and/or in court."  Large scale customs fraud 
was punishable by imprisonment of five to ten year s with or without confiscation of property pursuant 
to Article 289 of the Criminal Code.  
107. Concerning the conditional release of goods in cases where the final determination of customs 
value was delayed, he said that Article 366 of th e Code allowed for the withdrawal of goods from 
customs control, assuming a sufficient guarantee in th e form of a surety, deposit or other appropriate 
instrument was posted to cover the ultimate liability.   
108. He noted that the Customs Code would be am ended to provide a precise definition of the 
"price actually paid or payable".  As for the In terpretative Notes (Annex I of the Agreement), he 
considered these incorporated in the exis ting legislation on customs valuation.   
- Rules of origin 
109. The representative of Tajikistan said that rules of  origin were determined and regulated by 
Chapter 6 of the Customs Code.  The principles and me thods used in the determination of origin were 
based on existing international practice.  The requ irements of the Special Attachment "K" of the 
International Convention on simplification and ha rmonization of customs procedures (revised Kyoto 
Convention), in particular the provisions on "Rul es on determining the origin of goods", had been 
taken into consideration in developing th e relevant provisions of the Customs Code. 
110. Tajikistan's rules of origin were based on the w holly obtained and substantial transformation  
criteria; i.e. change of tariff heading or ad valorem  criterion.  Change of (four  digit) tariff heading was 
the principal method to determine substantial tran sformation.  Article 31.4 of the Customs Code 
referred to additional criteria, i.e. processing methods or ad valorem  criteria, but this provision had 
not been developed further.  Origin could be conferred to a group of countries, a customs union, a region or a part of a country.  The European Co mmunity was considered a single entity for origin 
purposes.  The rules of origin also applied wit hout exception to goods originating from free economic 
zones and free warehouses.  WT/ACC/SPEC/TJK/4 
 Page 31 
 
 
  111. In compliance with international agreements  and Article 36.1 of the Customs Code, a 
document confirming the country of origin had to be  submitted together with the customs declaration 
upon importation of goods in cases where Tajikistan accorded tariff preferences.  A certificate of 
origin could be issued by the authorities in the c ountry of exportation or by non-governmental bodies 
such as Chambers of Commerce.  The customs bodies were authorized to demand a document 
confirming the country of origin of goods in cases wh en the declared information on the country of 
origin was suspected to be inadequate, would affect  the application of customs duties or taxes, or 
circumvent prohibitions and restrictions established in  compliance with the legislation of Tajikistan.  
The Chambers of Commerce in Tajikistan could assist  in obtaining or verifying such a document.  
112. He stated that the requirements of Article 2(h) and Annex II, paragraph 3(d) of the 
WTO Agreement on Rules of Origin were met in Articles  42-44 of the Customs Code.  The Code 
provided an exporter, importer or any person with a justifiable cause, a right to request a preliminary 
assessment of the origin of goods and their classification.   
113. In response to a query, he acknowledged that the origin of goods produced in spaceships was 
not specifically covered in the revised Kyoto Conve ntion.  However, in accordance with Article 30 
(Item 10) of the Customs Code, goods produced in  spaceships were considered "products of higher 
technologies received as cosmic objects in open space" and origin was attributed to the country where 
the spaceship had been registered, owned or leased. 
- Preshipment inspection 
114. The representative of Tajikistan said that manda tory pre-shipment inspection had not been 
applied in Tajikistan so far.  However, La w No. 3 of 24 February 2004, amending the Law 
"On Foreign Economic Activity" of 27 December 1993, contained a provision that would allow the 
Government of Tajikistan to introduce a pre- shipment inspection regime in the future. 
- Anti-dumping, countervailing duties, safeguard regimes 
115. The representative of Tajikistan said that Law No. 744 "On Customs Tariff" of 14 May 1999 
had provided the legislative basis for contingent tr ade remedies in Tajikista n but this law had been 
revoked by Law No. 66 of 9 December 2004.  Ar ticle 344 of the 2004 Customs Code provided the 
general framework for anti-dumping, countervaili ng duties and safeguard measures, but detailed 
provisions to initiate, implement and enforce continge nt trade remedies were yet to be developed.  
A new law on trade remedies was in preparation a nd would be submitted to the Working Party once 
the draft had been completed.   WT/ACC/SPEC/TJK/4 
Page 32  
 
  116. Article 9 of the Law "On Customs Tariff" prov ided for the application of antidumping duties 
when goods were imported into the customs territory of Tajikistan at a price lower than their "normal 
price in the country of export at the moment of export"; 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 similar goods in Tajikistan.  He said th at the expression "hinders to start or expand 
production" in the Tajik legislation was akin to  the expression "material retardation of the 
establishment of domestic industry" in Article VI.1 of the GATT 1994 and the WTO Agreement on 
Implementation of Article VI of the GATT 1994.  In  his view, the antidumping regime in Tajikistan 
corresponded substantially to the norms and stan dards of the relevant GATT/WTO provisions.  
However, antidumping actions had no t been initiated in Tajikistan to  date, and he confirmed that 
measures would not be applied until further detaile d procedural provisions had been adopted and 
implemented in full conformity with the rules and disciplines of the WTO. 
117. Article 10 of the Law "On Customs Tariff" provi ded for the use of countervailing measures if 
the production and export of goods, imported into the customs territory of Tajikistan, had directly or 
indirectly been subsidized, and if such exports in flicted or threatened to inflict losses on domestic 
producers of similar goods, or hindered the establishm ent or expansion of pr oduction of similar goods 
in Tajikistan.  In his view, 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 provision s.  Countervailing duties had so far never been 
applied in Tajikistan.  He added that new de tailed provisions on counter vailing measures would be 
drafted in full conformity with the relevant WTO rules.   
118. Article 8 of the Law "On Customs Tariff" provi ded for the use of safeguards measures in the 
form of special duties.  Safeguards were applied as a protective measure if goods were imported into 
the customs territory of Tajikistan in quantities and under such conditions that inflicted or threatened 
to inflict losses to domestic producers of similar or directly competing goods; or as a reciprocal or 
retaliatory measure against discriminatory or other actions taken by other States or their unions that 
hindered the interests of Tajikistan.  Actions that hi ndered the interests of Tajikistan could include the 
unilateral and unjustified use of special safeguard s, antidumping, countervailing or other measures 
affecting the foreign trade of Tajikistan negatively.  He added that reciprocal or retaliatory measures 
would only be applied when authorized unde r the WTO Dispute Settlement Understanding.  
Tajikistan applied no safeguard measures at present.  In his view, the safeguards regime corresponded 
substantially to the relevant GATT/WTO provision s.  New detailed provisions on safeguards would 
be drafted to ensure full compliance.  He confirme d that safeguard measures would only be applied in 
full conformity with Article XIX of the GA TT 1994 and the WTO Agreement on Safeguards.    WT/ACC/SPEC/TJK/4 
 Page 33 
 
 
  119. Article 11 of the Law "On Customs Tariff" set  out the procedures for the application of 
contingent trade remedies.  The use of safeguard s, antidumping, and countervailing measures had to 
be preceded by an investigation conducted by th e Ministry of Public Revenues and Charges.  
The investigation could be initiated by the Ministry  on its own initiative, or through the initiative of 
other public or State managed bodies in Tajikistan.  Investigations had to be based on quantitatively 
measurable data.  The Government of Tajikistan wo uld determine the relevant  contingent duty rates 
based on the dumping margins and injury established by the investigations.  
120. The Euro-Asian Economic Community (EAEC), which included Tajikistan, envisaged a 
coordinated policy and common treatment in the app lication of trade remedies.  In accordance with 
the EAEC Protocol of 17 February 2000 and D ecision No. 117 of the Interstate Council of 
27 April 2003, EAEC member-States were work ing to develop common mechanisms for the 
application of safeguard, anti-dumping and counter vailing measures applicable to trade between 
themselves.  He confirmed that such mechanisms, once adopted, would be notified to the WTO.  
He added that the mechanisms for the application of contingent trade remedies would use standard 
terminology and be in compliance with international standards. 
121. A Member noted that Tajikistan was treated as a non-market economy in its domestic 
legislation for anti-dumping purposes.  Should Tajikis tan be considered a non-market economy at the 
time of its accession, WTO Members should be able to apply alternative calculation methodologies 
(e.g. prices in a surrogate market economy) in trade remedy proceedings.    
122. The representative of Tajikistan confirmed that  Tajikistan would not apply any anti-dumping, 
countervailing or safeguard measures until it had notif ied and implemented laws  in conformity with 
the WTO Agreements on the Implementation of Article VI of the GATT 1994, on Subsidies and 
Countervailing Measures, and on Safegu ards.  He confirmed that any new legislation would be in full 
conformity with the relevant WTO provisions upon accession.   
B. EXPORT REGULATION  
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
123. The representative of Tajikistan said that Ta jikistan had never levied any export duties 
although Law No. 744 "On Customs Tariff" (abolis hed by Law No. 66 of 9 December 2004) had 
provided a legal basis for such measures.  Article 182.2 of the Customs Code specifically prohibited WT/ACC/SPEC/TJK/4 
Page 34  
 
  the application of export duties on processed goods.  Tajikistan did not levy export duties on any 
product at present. 
124. Tajikistan levied fees and charges enumerated in Table 6 for the customs clearance of exports.  
In addition, the Chambers of Commerce charged a fe e for issuing a certificate of origin to accompany 
consignments of exported goods.  He  added that since January 2009, this fee (of 0.1 per cent) now 
amounted to a cost-based fixed charge of 175 Somoni (around US$45).   
- Export restrictions 
125. The representative of Tajikistan provided information on non-tariff measures applied on 
exported goods, notably on foodstuff, animal and vegetable products; narcotics; alcohol and ethyl 
alcohol; medical goods; ferrous and non-ferrous scrap; wo rks of historic, scientific or cultural value; 
chemical agents, fertilizers and ozone depleting su bstances; uranium and other radioactive chemical 
elements; hunting trophies; monetary valuables;  cryptographic devices; explosives; arms and 
ammunition; and military armaments, equipm ent, documents and accessories (Table 9).  
He confirmed that Tajikistan had no Government-mandated export bans.   
126. The exportation of ferrous and non-ferrous scr ap was regulated pursuant to Resolution 
No. 172 of 3 April 2007 (see Section on "Trading Right s").  Export licenses were required to combat 
illicit trade in metal scrap.  Exports of alcoholic beve rages and ethyl alcohol were subject to licensing 
by SUE "Khurokvori" and the Ministry of Energy and Industry and maintained as a public health measure. Restrictions on the export of tobacco  products pursuant to Resolution No. 453 of 
27 October 1999 had been abolished.     
127. As stipulated in Resolution No. 111 of 19 February 1997, prior authorization of the 
Government was needed for the export of (i) ur anium and other radioact ive substances, nuclear 
technologies, appliances, equipment or plants and other sources of radiation including radioactive 
waste; (ii) gunpowder, explosives and related waste; (iii) drugs and psychotropi c or toxic substances; 
(iv) military equipment, arms and munitions, spar e parts, works and services (including engineering 
or documentation for military production), military  uniforms and related items for military use; 
(v) cryptographic devices, including cryptographi c equipment, spare parts and cryptographic 
software; (vi) mineralogy and pa laeontology materials, informati on regarding mineral resources and 
oilfields in Tajikistan, including  charts, maps and drawings; (vii)  works of art, collectables and 
antiques, of significant artistic, historical, scientif ic and cultural value; a nd (viii) endangered wild 
animals and birds.  WT/ACC/SPEC/TJK/4 
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  128. In accordance with Decree No. 237 "On Measures to Improve the Promotion of Domestically 
Produced Goods in Foreign Markets" of 8 June  2001, certain commodities were sold through the 
Tajik Universal Commodity Exchange (Table 10).  The Commodity Exchange was a limited liability 
company with a stake held by the Ministry of Ec onomic Development and Trade.  The commodities 
were either exported directly through auctions at  the Exchange or, if a sales contract had been 
negotiated outside the Exchange, the exporter was required to register the contract with the 
Commodity Exchange, which issued a document acknowledging the transaction.   
Table 10:  Commodities Sold Through the Tajik Universal Commodity Exchange  
CCFEA Goods Description 
1404 Materials of phytogenous origin (lint)  
24 Tobacco and industri al tobacco substitutes 
26 Ores and ashes 
2801 Fluorine, chlorine, bromine, iodine 
2805 Rare-earth metals 
2815 Sodium Hydrate, etc. 
30 Pharmaceutical production 
3602, 3603 Explosives 
4101, 4102, 4103 Raw hides and skins 
50 Silk 
51 Fleece, fine and coarse wool 
52 Cotton 
71 Natural and cultivated pearls, precious and semiprecious stones, precious metals, clad 
metals and different goods from them 
72-73 Ferrous metals and goods from them 
7404 Copper waste 
7503 Nickel waste 
76 Aluminium goods 
7802 Lead waste 
8544 Isolated wires, cables and other isolated electric wires with connecting parts or without 
them 
 
129. Auctions at the Commodity Exchange were  conducted on certain days of the week.  
Commodities and raw materials could be auctioned for sale as exports by local and foreign producers.  
A broker or seller participating in the auction submitted an application with accompanying data, 
including the commodity description, quantity and any conditions for the sale requested by the seller.  
The commodity was sold to the highest bidder and a contract to this effect was concluded after the 
auction.  The strike prices were influenced by trends in world market prices.  For export sales 
conducted outside the Commodity Exchange, the customs authorities would not release the goods 
without the contract acknowledged by the Commod ity Exchange.  The Commodity Exchange would 
compare the contract price with prices realized at  its auctions.  No acknowledgement would be issued 
if the contract price was significantly lower,  and the sale would accord ingly be blocked.   WT/ACC/SPEC/TJK/4 
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  130. Some Members considered the mandatory sale of certain goods for export through the Tajik 
Universal Commodity Exchange an export restri ction not conforming with Article XI of the 
GATT 1994 in the sense that the measure precluded the possibility of an export contract being agreed 
without an auction being held.  In addition, Tajikis tan required the mandatory registration of contracts 
with the Commodity Exchange and a permit for cust oms clearance of exported goods contingent on 
the sale taking place at the auction price.  Tajikis tan was requested to eliminate these requirements by 
the date of accession as less restrictive and burdensom e means were available to monitor and control 
capital outflows.   
131. The representative of Tajikistan replied that th e goods listed in Table 10 were sold through 
the Commodity Exchange but that such sales were  no longer mandatory as Government Resolution 
No. 126 of 5 March 2008 had revoked Resolution No. 23 7.  However, contracts concluded outside the 
Tajikistan Universal Commodity Exchange remained subject to Government control, and sales could 
be blocked if the contract price was much lowe r than the auction price.  His Government was 
considering less trade restrictive mechanisms  to control the outflow of capital.   
132. As noted in the section "Foreign Exchange and Payments", 100 per cent pre-payment was 
mandatory for the export of certain products (Table  1).  The pre-payment requirement was distinct 
and administratively separate from the export of cer tain goods through the Commodity Exchange.   
133. In conformity with Government Resolutio n No. 547 "On Some Measures to Improve 
Insurance Activities" of 31 December 1998, cargo shipped by St ate entities in Tajikistan was subject 
to mandatory insurance.  Insurance payments did not exceed 0.2 per cent of the value of the exported 
cargo.  The State Unitary Enterprise  Insurance Company "Tojiksarmoyaguzor" under the Ministry of Finance was exclusively responsible for the insura nce of cargo exported by State entities.  Private 
companies engaged in exportation were not required to obtain such insurance.   
- Export subsidies 
134. The representative of Tajikistan said that Ta jikistan did not operate any export financing, 
export subsidy or export promotion measures at present.  Duty drawback on imported merchandise 
was regulated by Chapter 48 (Articles  396-398) of the Customs Code.   
135. Asked about the refund of VAT and excise tax es on exports and Tajikistan's conformity with 
Annex 1 (Items (g) and (h)) of the Agreement on Subsidies and Countervailing Measures, the 
representative of Tajikistan said that VAT and exci se tax paid at the time of importation for goods 
subsequently re-exported or incorporated in expor ted goods could be refunde d to the amount of VAT  WT/ACC/SPEC/TJK/4 
 Page 37 
 
 
  and excise duty paid.  He confirmed that the ref und would not exceed the amount actually paid at the 
time of importation.   
136. The representative of Tajikistan confirmed th at Tajikistan did not apply any prohibited 
subsidies within the meaning of Article 3 of th e Agreement of Subsidies and Countervailing Measures 
and Article XVI of the GATT 1994, and that Tajikis tan had no plans to introduce any such subsidies 
in the future.  He further confirmed that Tajikistan would administer any subsidy programmes in place 
or established after accession, at all levels of G overnment, in conformity with the WTO Agreement.  
Any export financing or export promotion measures in troduced in the future would not be operated in 
a manner inconsistent with Tajikistan's WTO commitments. 
C. INTERNAL POLICIES AFFECTIN G FOREIGN TRADE IN GOODS  
- Industrial policy, including subsidies 137. The representative of Tajikistan said that the i ndustrial policy of Tajikistan was not geared 
towards the protection of specific economic activities.  His Government did not subsidize exports either directly or indirectly.  He confirmed that  Tajikistan did not provide  any indirect subsidies 
within the meaning of Article 1.1(a)(1)(iv) of the Agreement on Subsidies and Countervailing 
Measures (ASCM).   
138. His Government provided limited support for in dustrial development.  Articles 145 and 211 
of the 2004 Tax Code and Article 345 of the 2004 Customs Code included provisions for tax and 
custom duty exemptions.  These incentives were no t provided on the basis of mandatory export 
performance and were therefore, in his opinion, not pr ohibited subsidies as set out in Article 3.1(a) of 
the Agreement on Subsidies and Countervailing Measures.   
139. The Ministry of Energy and Industry provide d support to the coal industry and for the 
exploration and extraction of oil and natural g as.  The budgetary allocation for the geological 
prospecting of oil and gas and for the coal indus try had amounted to 363,800 Somoni in 2002, and 
417,300 Somoni had been earmarked to be disbursed in 2003.  Of this, 150,000 Somoni had been to 
support the loss-making coal industry and to promote fuel independence.  He stressed that these 
subsidies were not contingent on local content or export performance requirements.   
140. The State budget, through the Ministry of Energy and Industry, allocated US$120,000 
annually to the State Unitary Enterprise "Zarya Vost oka" to maintain the temporarily idle facilities at 
this enterprise.  In addition, general subsidies to the mining and chemical industry had amounted to 
202,000 Somoni in the 2003 budget.  These funds  were allocated to the mining enterprises Таkobskii WT/ACC/SPEC/TJK/4 
Page 38  
 
  GOK Joint Stock Company (8,600 Somoni), АО Аnzobskii GOK Joint Stock Company 
(19,500 Somoni), Аdrasmanskii Joint Stock Company (85,600 Somoni), and Jamast State Unitary 
Enterprise (85,600 Somoni).  The Tajikkhimprom Joint Stock Company, a chemical enterprise, 
received a subsidy of 2,700 Somoni though the chemical industry as a whole was not presently 
subsidized through the State budget.  He confirmed th at the funds allocated to the mining enterprises 
were not contingent on local content or export performance requirements.   
141. The subsidies approved by the Ministry of Ener gy and Industry were allocated directly to 
each enterprise through the Central Treasury under the Ministry of Finance.  For enterprises involved 
in exploration or exploitation of mineral resources, the amount of funds transferred was adjusted to 
account for the taxes due on royalties and bonuses.   
142. Tajikistan did not operate any micro-credit or preferential loan schemes for any industrial 
sector at present.  However, his Government had provided a VAT exemption (amounting to 
US$51,345 in 2002) for the financ ial rehabilitation of the Tajik Aluminium Plant on the import of 
basic raw materials, energy and equipment used by the plant.  Tariff rebates on electricity and 
customs duties had also been provided.   
143. Noting the statement by the representative of Tajikistan that Tajikistan was not providing 
subsidies of the kind defined in Article 1.1(a)(1)(i v) of the ASCM, a Member requested confirmation 
that Tajikistan would not provide any such WTO-in consistent indirect subsidies in the future.  
The Member also sought confirmation that Tajikista n would not invoke any of the provisions of 
Articles 27, 28 or 29 of the ASCM.  Tajikistan was also requested to submit a subsidy notification 
covering all types of programmes pursuant to Article  25 of the Agreement.  The Member also noted 
that, although the relevant provisions of the ASCM would normally apply in proceedings under 
parts II, III and V of the Agreement, the importing Member might have to resort to alternative methodologies in cases where special difficulties would arise as the prevailing terms and conditions in 
Tajikistan would not be availabl e as appropriate benchmarks.   
144. In reply, the representative of Tajikistan c onfirmed that Tajikistan would not provide any 
indirect subsidies inconsistent with the ASCM from the date of accession.  Tajikistan did not intend to 
invoke any of the provisions of Articles 27, 28 and 29 of the Agreement.  A draft subsidies 
notification would be submitted in due course.    WT/ACC/SPEC/TJK/4 
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  - Technical barriers to trade, standards and certification 
145. The representative of Tajikistan said that standard s and technical regulations were applied in 
accordance with the Law "On Standardization" of 14 December 1996; the Law "On Certification of 
Products and Services" of 13 December 1996; the Law "On Provision of Unified Measurements" of 15 May 1997; the Law "On the Protection of Consumer Rights" of 15 May 1997; and Resolution No. 97 "On Protection of Consumer Market of th e Republic of Tajikistan against Poor Quality 
Products" of 16 March 1999.  A draft Law "On Tec hnical Regulations" (reviewed by the Working 
Party) had subsequently been reworked into a new Law "On Technical Regulating" (adopted by the 
Parliament).  As indicated in the checklist (docum ent WT/ACC/TJK/8), the Law had been prepared to 
bring the standards and certification regime of Taji kistan in conformity with the provisions of the 
WTO Agreement on Technical Barriers to Trade (TBT Agreement).  With the adoption of the new 
Law, several laws and legal acts would be harmonized or amended, including the Law 
"On Standardization", the Law  "On Certificati on of Products and Services", the Law "On the 
Protection of Consumer Rights" and Resoluti on No. 97.  The Law "On Provision of Unified 
Measurements" would be replaced by a new Law.   
146. Standards and certification requirements were appl ied to provide for the safety or quality of 
goods, work and services; to protect the environment, health, life, property, and labour conditions; to 
protect consumers' interests and rights; to ensure  the unity of measurements; and for defence and 
national security considerations.  Referring to Artic le 2.2 of the TBT Agreement, he added that the 
draft Law included a provision stipulating that techni cal regulations would be applied only to protect 
human life and health; to prevent deceptive practi ces or actions that would mislead consumers; to 
protect the environment; and to protect animal or plant life or health.   
147. At present, the Agency on Standardization, Metrology, Certificati on and Trade Inspection 
("Tajikstandart") was responsible for the preparation,  adoption and application of standards, technical 
regulations and conformity assessment procedures.  Tajikstandart had been designated as Tajikistan's 
enquiry point and the agency responsible for notif ications, publications and all other transparency-
related provisions stipulated in the TBT Agreemen t.  However, until the enquiry point was fully 
operational the WTO Division in the Ministry of Economy and Trade would serve this function.  
He added that the journal "Standart y va Siphat", circulated on a quarterly basis, published notices of 
proposed technical regulations and conformity assess ment procedures.  Tajikstandart had developed a 
website (www.stadart.tj) to disseminate inform ation and publish notices of proposed standards, 
certification requirements and conformity assessment procedures.   WT/ACC/SPEC/TJK/4 
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  148. In compliance with Resolution No. 97 "On Protec tion of Consumer Market of the Republic of 
Tajikistan against Poor Quality Products" of 16 March 1999 (as amended by  Government Regulation 
No. 486 of 1 October 2008), Tajikstandart had deve loped a "Nomenclature of Products and Services 
(Works) Subject to Mandatory Certification" an d procedures had been approved to certify food and 
other products brought in and out of Tajikista n.  This nomenclature had subsequently been 
harmonized with other CIS countries.  Tajikstandart  issued "certificates of compliance" for the 
purpose of consumer protection and product safety, but did not apply quality controls or technical 
standards in issuing such certific ates.  He confirmed the existen ce of a list of goods subject to 
mandatory certification, noting that the list app lied equally to imported and domestically-produced 
goods and that the products listed had be en reduced through Regulation No. 486.   
149. At present Tajikistan applied international standards (ISO), its own national standards 
(STRT), interstate CIS standards (G ОSТ), interstate CIS standards harmonized with IS О (GОSТ 
ISО), and the standards of other countries with which bilateral agreements had been concluded, such 
as Belarus and Ukraine.  More than 20,500 standa rds had been established in Tajikistan; mainly 
interstate standards (19,500), State standards of  Tajikistan (around 350), as well as standards based on 
bilateral agreements.   
150. Tajikstandart represented Tajikistan in in ternational and regional standardization 
organizations.  Tajikistan had signed the CIS Agr eement on coordinated policy in Standardization, 
Metrology and Certification of 13 March 1992, as we ll as the Protocol of 20 June 2000 on changes 
and amendments to this Agreement.  Tajikista n was a member of the CIS Interstate Council on 
Standardization, Metrology and Certifi cation.  Interstate CIS standards (G ОSТ) were developed by an 
Intergovernmental Council comprising representa tives of the States-members, and approved and 
registered in compliance with the 1992 CIS Agr eement, as amended in 2000.  Article 1 of this 
Agreement envisaged the harmonization of the new GOST requirements with in ternational, regional 
and leading national standards.  The level of su ch harmonization had reached 35 per cent by 2009.  
In response to specific questions, he confirmed th at the signatories to the CIS Agreement were not 
required to adopt CIS standards as technical regulations , and that interested parties were accorded the 
opportunity to comment on draft standards.   
151. The representative of Tajikistan said that his G overnment had signed bilateral agreements on 
cooperation in standardization, metrology and cer tification with the Governments of Armenia, 
Azerbaijan, Belarus, Iran, Turkey and Ukraine.  He  stated that if an international agreement signed 
and ratified by Tajikistan stipulated rules other than those contained in its national legislation, then the 
rules of the international agreement would prevail.    WT/ACC/SPEC/TJK/4 
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  152. Asked about Tajikistan's accepta nce of conformity assessment procedures in the absence of 
mutual recognition agreements, he said that Article  30 (Item 2) of the [draft Law] provided for the 
recognition of the results of conformity assessment and conformity marks in accordance with 
procedures established by the Government of Tajikistan.   
153. Fees for certification were based on Document RD 50-002-2002 of the Ministry of Economy 
and Trade on "Standards of labour output ratio and order of work payment on verification and 
calibration of medium of measurement, standard ization and certification of products, services and 
accreditation of testing units".  He added that Ta jikistan no longer differentiated between domestic 
and imported products in levying fees for standa rds, certification and conformity assessment.  
He stated that all fees for certification would be  brought into compliance with the national treatment 
principle upon accession.  The [draft] Law "On Tec hnical Regulation" stipulated the principle of 
equal treatment.  Fees for certification were charge d on an MFN basis.  Recognition procedures were 
applied instead of certification procedures in cases wh ere mutual recognition agreements existed.   
154. Responding to specific questions on the draft Law "On Technical Regulations", the 
representative of Tajikistan added that the functions of "Tajikstandart" related to standardization and 
technical regulation would be separated with the entry into force of the new Law.  A national 
standardization body would be created, charged with  the development of standards.  The body with 
adhere to the Code of Good Practice.  Draft standa rds would be developed by ministries and technical 
committees and submitted to the standardization bod y for approval.  An "Authorized Body for 
Technical Regulation" would be established with in the Ministry of Economic Development and 
Trade.  The authorized body would be responsible  for policy development and implementation issues 
in the area of technical regulation.  The authori zed body would cooperate closely with the national 
standardization body, in particular with its t echnical committees.  Procedures providing for the 
recognition of conformity assessment results perfo rmed outside of Tajikistan would be established 
after the adoption of the Law "On Technical Regula tions".  The journal "Standard va Sifat" would 
continue to publish notifications on proposed sta ndards, technical regulations, and conformity 
assessment procedures on a regular basis in complia nce with the TBT Agreement.  The TBT Enquiry 
point would be established by the time of WTO accession.   
- Sanitary and phytosanitary measures 
155. The representative of Tajikistan said that Artic le 12 of the Law "On Government Regulation 
of Foreign Trade Activity" of 3 September 1999 stip ulated that imported goods had to comply with 
the established technical, pharmacological, sanitary , veterinary, phytosanitary and ecological 
standards and requirements of Tajikistan.   WT/ACC/SPEC/TJK/4 
Page 42  
 
  156. Tajikistan was a Member of the World Organiza tion of Animal Health (OIE), the CIS and 
Euro Asian Economic Community Intergovernmental  Veterinary Council, and was considering 
joining the European Organization for the Protection and Quarantine of Plants.  Tajikistan was taking 
steps to join the International Plant Protection Convention (IPPC) and the WHO Codex Alimentarius 
Commission.   Tajikistan applied FAO standards for "Saf e and/or Harmless Fodders and Fodders 
Additives" and cooperated with F AO on veterinary matters.  His G overnment intended to harmonize 
Tajikistan's legislation on food safety,  animal and plant health with in ternational standards.  Tajikistan 
would only use standards different from those of  the OIE, IPPC and the Codex Alimentarius 
Commission pursuant to the objectives and conditions s tipulated in Article 2, paragraphs 1 and 2 of 
the WTO Agreement on the Application of Sanitary  and Phytosanitary Measures (SPS Agreement).  
157. The Ministry of Health was responsible for human health and food safety.  Human health 
regulations were based on the Law No. 419 "On Pr otection of Health of the Population" of 
15 May 1997.  As for sanitary measures, the Mi nistry of Health had been setting medical and 
biological norms or certifications on hygiene for certain imported consumer goods, including foodstuffs, medications, chemicals, raw materials a nd minerals in accordance with the Law "On State 
Sanitary Inspection" of 20 July 1994.  This  law had been revoked and replaced by Law No. 49 
"On Provision of Sanitary - Epidemiological Securi ty of the Population" of 8 December 2003, which 
regulated the sanitary inspection of imports in Ar ticles 14, 15, 39-41.  He noted that Tajikistan 
performed independent risk assessments in the area of food safety.   
158. New food products, materials and articles manufac tured locally or imported into Tajikistan 
for the first time were subject to State registration pursuant to Article 10 of Law No. 54 "On the Quality and Safety of Food Pr oducts" of 10 May 2002.  The regi stration was performed by the 
authorized State bodies on sanitary-epidemiological c ontrol and veterinary control in accordance with 
Government regulations.  State registration involved the examination of documentation, including test 
results (as necessary), provided by the manufacturer or supplier.  Certificates of registration were 
issued for items included in the registry.  The cer tificate entitled the holder to manufacture, import or 
distribute the item throughout the territory of Tajikistan.   Each item had to be registered separately.  
The procedures were the same for imported and domestic products.   
159. The Veterinary Department under the Ministry of Agriculture was responsible for measures 
related to animal health.  Veterinary Law No. 73 of 8 December 2003 (as amended in 2005 and 2006) 
regulated veterinary services and related measures,  entitlements or responsibilities of animal owners, 
quarantine procedures and other institutional or le gal issues related to the veterinary services.  
Tajikistan was a Member of the OIE and, in his vi ew, its legislation in this area complied with the  WT/ACC/SPEC/TJK/4 
 Page 43 
 
 
  SPS Agreement and other interna tional rules and disciplines (Vet erinary and Sanitary Codes, 
Paris 2000 and 2003).   
160. Animal products were subject to mandatory veterinary inspection at the border crossing 
points pursuant to the Veterinary Law.  Import perm its for animals and animal products were issued 
by the Veterinary Inspection under the Ministry of Agriculture (Table 11).  The Veterinary Inspection 
verified the veterinary status of the exporting country as determined by OIE reports, recommendations 
and other available information.  Refusals to issue a permit could be appealed to the superior body of 
the State veterinary inspection or to the courts.  The bodies responsible for border control were guided 
by the International Convention on Coordination of Border Cargo Control Terms of 21 October 1982.   
Table 11:  List of Goods Subject to Veterinary Certificate  
CC FEA Commodity Description Type of Certificate 
01 Live animals Veterinary certificate No. 5 a 
14 Vegetal products for animals Veterinary certificate No. 5 b 
05 Pedigree materials (sperm, embryos, incubative 
materials, caviar, etc.) Veterinary certificate No. 5 c 
04, 01 Milk and dairy products Veterinary certificate No. 5 d 
02, 01 Meat and meat products, including meat of livestock 
and wild animals Veterinary certificate No. 5 e 
05 Animal stocks  Veterinary certificate No. 5 f 
 
161. The Service of the State Inspectorate on Ph ytosanitary and Plants Quarantine under the 
Ministry of Agriculture was the agency responsib le for controls and measures related to plant 
quarantine, effected pursuant to Law No. 25 "On Plant Quarantine" of 12 May 2001 (replaced by Law 
No. 498 "On Plant Quarantine" of 26 March 2009).  He said that the new Plant Quarantine Law was 
adopted to comply with WTO requirements.   Asked about Tajikistan's phytosanitary certification 
system and border plant quarantine inspection meas ures for transiting commodities, the representative 
of Tajikistan said that a list of quarantine objects had been established.  Phytosanitary certificates 
were issued when examinations confirmed the ab sence of objects requiring quarantine.  For goods in 
transit, the examination covered the transport mean s as well as exterior examination of the cargo.   
162. Tajik institutions responsible for control, in spection and approval procedures in accordance 
with Annex C of the SPS Agreement were the Agency  of Standardization, Metrology, Certification 
and Trade Inspection (Tajikstandart); the Sa nitary and Epidemiologic Inspectorate (for 
pharmaceutical and medical products); the Agency  on Protection of Environment and Forestry; 
Veterinary Inspectorate; and th e Quarantine Inspectorate.   WT/ACC/SPEC/TJK/4 
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  163. As per the checklist submitted by Tajikistan in  document WT/ACC/TJK/9, his Government 
did not intend to introduce any new standards, an imal health and food safety regulations, which did 
not comply with the SPS Agreement.  Provisions a nd basic principles of the SPS Agreement which at 
present were not specifically or fully covered by domestic legislation in Tajikistan included 
(i) the transparency requirements  and the establishment of a single enquiry point (Article 7 and 
Annex B of the SPS Agreement); (ii) regulations to be  based on science (Articles  2.2, 3.3 and 5.2 of 
the SPS Agreement); (iii) equivalence (Article 4 of the SPS Agreement); (iv) risk assessment 
(Article 5.1, 5.2 and 5.3 of the SPS Agreement) ; and (v) provisions concerning regional conditions 
(Article 6 and Annex A of the SPS Agreement).  Tajikistan intended to am end the laws "On the 
Quality and Safety of Food Products", "On Pl ant Quarantine", "On Ensuring of Sanitary-
Epidemiological Control of the Population" and th e Veterinary Law.  In response to a specific 
question on the incorporation of Article 6 of the SPS  Agreement in Tajikistan's legislation, he noted 
that Article 6 of the Law "On Plant Quarantine" captu red the principle of regional conditions and pest 
and disease free areas (or low prevalence of pests and diseases).  
164. Work was underway to address the notificatio n and transparency obligations of the 
SPS Agreement.  Although the line ministries were not legally obliged to disseminate draft SPS 
legislation, some ministries and departments pr esented drafts through websites, bulletins and 
periodicals or in round-table discussions.  His Government was setting up a single enquiry point, which interested parties could approach for in formation on specific measures.  As an interim 
arrangement, the WTO Division of the Ministry of Economic Development and Trade served as an 
information centre for SPS issues.   
165. A Member urged Tajikistan to establish laws or  procedures providing for prior publication of 
proposed SPS measures, notification to the WT O, and reasonable timeframes for comments from 
Members.  A Member noted that Tajikistan was banning imports of products treated with 
biostimulators, antibiotics and hormones, and that si milar bans had been found  inconsistent with the 
SPS Agreement.  Tajikistan was requested to re move this ban upon accession unless it was able to 
demonstrate the compliance of this measure with WTO Agreements.   
166. The representative of Tajikistan replied that th e import ban on biostimulators, antibiotics and 
hormones remained in force and no plans had been dr awn up to abolish it.  The ban was, in his view, 
based on the Terrestrial Animal Health Code of the OIE.    WT/ACC/SPEC/TJK/4 
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  - Trade-related investment measures  
167. The representative of Tajikistan said that his Government did not apply any investment 
measures that did not comply with the rules and disciplines of the WTO Agreement on Trade-Related 
Investment Measures.   
- State trading entities 
168. The representative of Tajikistan said that the Ministry of Economic Development and Trade 
was responsible for State trading entities and practi ces in Tajikistan.  In accordance with Regulation 
No. 77 of 17 February 2001, the Ministry approv ed the list of State enterprises and joint stock 
companies engaged in commercial activities.  In hi s opinion, the management of State enterprises in 
Tajikistan was in conformity with Article XVII of the GATT 1994 and the Understanding on the 
Interpretation of Article XVII of the GATT 1994.   
169. In response to specific questions, he identified eight enterprises trading on behalf of the 
Government or possessing privileges not available to ot her firms or enterprises, i.e. the State Unitary 
Enterprise (SUE) "Tojikgaz" (natural gas); the Op en Stock Company "Barki Tojik" (electricity and 
thermal energy); "Tajiknefteproduct" (importatio n of oil products); the State Unitary Aviation 
Enterprise "Tojik Air"; the SUE "Rohi Ohan" (railroa d transport and terminal services); TadAZ - the 
Tajik Aluminium Plant; the stock company "Tojiktel ecom"; and the SUE "Khurokvori" (Table 3(c)).  
Asked to confirm that these were the only enterpri ses granted an "exclusive or special privilege" in 
purchases or sales involving imports or exports, the representative of Tajikistan said that Tojik Air, 
Rohi Ohan and Tojiktelecom in his opinion did not  qualify as State trading enterprises according to 
Article XVII of the GATT 1994.   
170. He acknowledged that the K hurokvori Food and Processing  Industry Corporation met the 
definition of a State trading enterprise.  Khurokvori had been created in July 1997 pursuant to Government Regulation No. 48.  Khurokvori was Stat e-owned and reported to the Ministry of Energy 
and Industry.  Khurokvori c onsisted of enterprises, associations, organizations, and farms in the food 
processing industry, regardless of the form of ow nership, and had been created to coordinate 
activities, protect rights and to represent the co mmon interests of its constituents.  The specific 
functions and responsibilities of Khurokvori were s tipulated in the Charter of the State Unitary 
Enterprise.  The enterprise carried out marke ting, investment, financial activities, product 
development, technical services and foreign econo mic activities.  Khurokvori regulated certain 
aspects of the production, turnover, sales, exports and imports of ethyl alcohol and alcohol products on behalf of the Ministry of Energy and Industry, but was no longer authorized to issue licences for WT/ACC/SPEC/TJK/4 
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  production and import of alcoholic products.  Mo reover, Khurokvori no longer regulated the 
production and trade in tobacco goods, as these ac tivities were now subject to licensing by the 
Ministry of Energy and Industry.   
171. The representative of Tajikistan confirmed that State-trading Enterprises (including 
State-owned and State-controlled enterprises, enterp rises with special or exclusive privileges, and 
unitary enterprises) in Tajikistan would make any purchases or sales, which were not for the 
Government's own use or consumption, solely in accordance with commercial considerations, 
including price, quality, availability, marketability, transportation and other conditions of purchase or 
sale.  He further confirmed that these State tradi ng enterprises would afford the enterprises of other 
Members adequate opportunity, in accordance with  customary business practice, to compete for 
participation in purchases from or sales to Tajikistan' s State enterprises.  He also confirmed that any 
restrictions on exports of materials to ensure es sential quantities of such materials to a domestic 
processing industry would not operate to increase the exports of, or the protection of, such domestic industry.   
172. A Member considered that, in view of the special characteristics of Tajikistan's economy, 
when State owned enterprises (including banks) were  providing financial contributions, they were 
doing so as Government actors within the scope of Article 1.1(a) of the ASCM.  In addition, for 
purposes of applying Articles 1.2 and 2 of the ASCM , subsidies provided to State-owned enterprises 
(including State trading entities) would be viewed as specific if, inter alia , State-owned enterprises 
were the predominant recipients of such subsidies or State-owned enterprises received 
disproportionately large amounts of such subsidies. 
- Free zones, special economic areas 
173. The representative of Tajikistan said that work was underway to develop the necessary 
infrastructure and legal framework for free zones or free economic zones in Tajikistan.  The Law 
"On Free Economic Zones" had been adopted in  2004 and the Government Regulation No. 227 
"On the Establishing of Free Zones "Pyanj" and "Sug d"" had been promulgated on 2 May 2008.     
174. Free zones or free economic zones were defined as a detached territory within the territory of 
Tajikistan, the perimeter of which was considered the customs border of Tajikistan.  Provisions of 
Tajikistan's customs legislation were not applied in the territory of a fre e zone, but bans or restrictions 
on specific economic activities could be imposed with in free zones in line with national interests.  
Production and any other commercial operation, except fo r retail trade, was permitted in free zones.    WT/ACC/SPEC/TJK/4 
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  175. Goods imported or exported from such zones were  not subject to customs duties and internal 
taxes.  However, pursuant to Article 270.1 of th e Customs Code, goods produced in free zones or free 
economic zones would be subject to normal tariffs,  taxes and other customs requirements if sold 
elsewhere in Tajikistan.  He confirmed that WTO provisions would apply within the territory of any 
free economic zones established in Tajikistan, and th at importers and exporters in these zones would 
have recourse to administrative and judicial appeals on the same basis as elsewhere in Tajikistan.  
Asked to confirm that the right of firms to estab lish and operate in free zones or special economic 
areas did not depend on export performance, trade ba lancing or local content requirements, he said 
that regulations were being drafte d to define the conditions for firm s to establish and operate in the 
free economic zones.   
176. According to the Customs Code, licenses a nd customs charges for establishing a customs 
warehouse, a duty-free shop, a free warehouse and a temporary warehouse had been eliminated.  
However, registration requirements  applied to legal persons in th eir capacity as owners of warehouses 
of temporary storage, customs warehouses, duty -free shops and customs brokers (representatives).  
No fees were charged for the registration.  Howeve r, as set out in Article 384.1 of the Customs Code, 
if necessary, activities could only be undertaken upon payment of a security deposit or a guarantee.   
- Government-mandated barter and counter-trade  
177. The representative of Tajikistan said that Tajikis tan did not engage in Government-mandated 
counter-trade or barter.  He noted that the Tajik Aluminium Plant bartered primary aluminium for raw 
materials and production equipment and that the volume of this trade was determined by the Ministry 
of Economy and Trade and his Government.  He c onfirmed that the Tajik Aluminium Plant was not 
subject to any import substitution or export performance requirements.   
- Government procurement 
178. The representative of Tajikistan said that Law No. 511 "On government procurement of 
goods, works and services" of 12 December 1997 regulated government procurement procedures and 
practices.  Enhancing participation and competition among domestic and foreign suppliers was one of 
the main objectives of the existing government procur ement legislation.  The Law stipulated equal 
opportunities for domestic and foreig n suppliers to participate in gove rnment procurement, but also 
allowed procurement to be reserved for domestic su ppliers in certain circumstances.  A preferential 
margin of 20 per cent was allowed in the proc urement of goods, and 10 per cent for works 
(Article 18).  The preference margin for works w as only available provided domestic labour was used, 
and the local content of materials and other in puts was minimum 30 per cent.  A 10 per cent WT/ACC/SPEC/TJK/4 
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  preferential margin could also be applied to domes tic suppliers of consulta ncy services provided that 
minimum 70 per cent of the permanent staff was recruited locally.  He added that a new Law 
"On State procurement of goods, works and servi ces" was in preparation.  The new Law would 
remove the restrictions in existing legislati on on the participation of foreign suppliers.   
179. Tajikistan had established a State procuremen t agency under the Ministry of Economy and 
Trade, responsible for government procurement since 2001.  The State procurement agency 
performed its activities in accordance with domestic  law, and the recommendations, norms, legal 
documents or standards of UNCITRAL (UN Commi ssion on International Trade Law), the World 
Bank, and the International Development Association. 
180. The procedures for government procurement were  initiated by a Government body or entity 
submitting a request, including the nomenclature and pr ocurement conditions, to the authorized State 
procurement agency.  The authorized agency, join tly with the concerned Government ministries, 
would then set up a tender commission and invite the participation of interested parties in a tender 
through the mass media, i.e. national television a nd radio, and printed media.  Open competitive 
bidding was the main method used for tenders.  A minimum of three participants was required for a 
quorum.  The same quorum was envisaged for procurement in a two-stage bidding method.  The 
authorized State procurement agency also used a lternative procurement methods such as requests for 
proposals, requests for quotations and single source  procurement.  The procurement method chosen 
depended on factors and criteria such as the size and volume of the procurement contract, its duration, 
the type of product or service involved and the characte ristics of the market concerned.  At the end of 
the period stated in the tender invitation, the Tender Commission would open the sealed bids, and 
announce the preliminary result and winning bid.  The State procurement agency, jointly with the concerned Government ministries, would examine the qualifications of the declared winner and 
decide whether to award the tender.  An agre ement and a Tender Commission protocol would be 
prepared for signature.  One copy of each documen t was sent to the State procurement agency for 
safe-keeping; the Ministry of Finance for the paym ent of dues; and the concerned Government entities 
and winning bidder for the implementation of the pr ocurement order.  He noted that government 
procurement was increasingly effected through tenders (Table 12). 
Table 12:  Government Procurement Tenders
 
Indicator 2006 2007 2008 
Tenders conducted 2,390 3,309 3,355 
Total government proc urement agreements 
concluded (thousand Somoni) 110,713 199,556 282,815 
  WT/ACC/SPEC/TJK/4 
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  181. The representative of Tajikistan confirme d Tajikistan's willingness to accede to the 
Agreement on Government Procurement.  Tajikis tan was willing to become an observer to the 
Agreement upon accession, and submit an application fo r membership with a coverage offer within 
one year after accession to the WTO.  
- Transit 
182. The representative of Tajikistan said that goods co uld transit through the customs territory of 
Tajikistan freely and without restriction, except fo r goods, works or services specified in Resolution 
No. 111 "On Measures to Improve Foreign Economi c Activities in the Republic of Tajikistan" of 
19 February 1997.  In accordance with this resolution,  transit was restricted for  (i) uranium and other 
radioactive substances, nuclear technologies, applia nces, equipment or plants and other sources of 
radiation including radioactive waste; (ii) gunpowde r, explosives and related waste; (iii) drugs and 
psychotropic or toxic substances; (iv) military equi pment, arms and munitions, spare parts, military 
works and services, including engineering or documentation for military production, military 
uniforms and related items for military use; (v ) cryptographic devices, including cryptographic 
equipment, spare parts and cryptographic software ; (vi) mineralogy and palaeontology materials, 
information on mineral resources and oilfields in Tajikistan, including charts, maps and drawings; 
(vii) works of art, collectables and antiques of si gnificant artistic, historical, scientific and cultural 
value; and (viii) endangered wild animals and birds.  
183. Within the framework of the customs unions  to which Tajikistan was a signatory, the 
"Agreement on Unified Transit Conditions via Te rritories of Customs Union Member-States" of 
22 January 1998 had entered into force on 4 January 1999.  The objective of this Agreement was to 
unify customs legislation, customs processing, transit controls; to eliminate barriers and restrictions on transit; and to facilitate trans it trade in the member States. 
184. Transit trade was significant in Tajikistan give n its geographical location.  His Government 
had been a member of the Economic Cooperation Or ganization (ECO) Transit Trade Agreement since 
April 1996.  Tajikistan fulfilled its international commitments on transit as an ECO member.  
The ECO Transit Trade Agreement covered transportation by road, rail, sea and air. 
- Agricultural policies 
(a) Imports 
185. The representative of Tajikistan said that the im port of agricultural goods did not differ in any 
respect from the import of non-agricultural goods.  Ag ricultural products were not subject to special WT/ACC/SPEC/TJK/4 
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  duties.  Imports of plants, animals, and products thereof, were subject to sanitary and phytosanitary 
requirements in accordance with existing legislation.   
186. He confirmed that Tajikistan did not apply an y of the measures prohibited under Article 4.2 
of the WTO Agreement on Agriculture, such as qua ntitative import restrictions, variable import 
levies, minimum import prices, discretionary import licensing, non-tariff measures maintained through State trading enterprises, voluntary export re straints, and similar border measures other than 
ordinary customs duties.   
(b) Exports 
187. The representative of Tajikistan said that exports  of agricultural products were governed by 
the same general rules, disciplines and procedures applied to non-agricultural exports.  Tajikistan 
provided no direct export subsidies for agricultura l products.  Export credits and export guarantee 
schemes were also currently not in use.   
188. Some Members welcomed Tajikistan's inten tion to bind export subsidies at zero upon 
accession.   
  (c) Internal policies 
189. The representative of Tajikistan provided in formation on domestic support and export 
subsidies in agriculture during 2001-2003 in document WT/ACC/SPEC/TJK/3, and for the period 
2003-2005 in documents WT/ACC/SPEC/TJK/3/Revisi ons 1 and 2.  During 2003-2005, Tajikistan 
provided "green box" support averaging Somoni 25.3 million (US$8.3 million) per year, mainly on 
infrastructural services and public stockholding of wh eat (in 2005).  Tajikistan also reported measures 
with reference to Article 6.2 of the Agreement on Ag riculture, primarily in the form of foreign-funded 
non-repayable investment grants.  All "amber box" support fell below the 10 per cent de minimis 
threshold during the reporting period.   
- Trade in civil aircraft 
[to be completed] 
- Textiles Regime 
190. The representative of Tajikistan said that Ta jikistan had signed a Textile Trade Agreement 
with the European Community in July 1993, subsequently extended until 31 December 2003.   WT/ACC/SPEC/TJK/4 
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  Tajikistan had been accorded the status of a standard  beneficiary country in the European Union, and 
enjoyed a 15 per cent reduction in the MFN ta riffs on textile exports to this market. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL - Industrial property protection 
191. The representative of Tajikistan said that Article 40 of the Constitution established the 
principle of intellectual property protection.  Tajikistan aimed at achieving world standards in 
intellectual property rights (IPR) protection by impr oving and developing its legislation; establishing 
competent bodies and executive authorities to enhance implementati on and enforcement; 
strengthening judicial procedures and the court system; and increasing public awareness of intellectual property protection.   
192. Detailed information on the implementation of the WTO Agreement on Trade Related 
Intellectual Property Rights (TRIPS Agreement)  was provided in document WT/ACC/TJK/10 and 
Revision 1.  The Legislative Action Plan (WT/ ACC/TJK/7 and its Revisions) also highlighted 
legislation enacted or pending to bring Tajikis tan's legislation into conformity with the 
TRIPS Agreement.   
- Responsible agencies for policy formulation and implementation 
193. The representative of Tajikistan said that the ag encies responsible for IPR policy formulation 
and implementation were (i) the National Centre  for Patents and Information (NCPI) under the 
Ministry of Economic Development and Trade, inter alia responsible for the protection of inventions, 
industrial designs, trademarks, service marks and appella tions of origin; (ii) the Division of Copyright 
and Related Rights under the Ministry of Culture; (iii) the State Commission on Plant Varieties within the Ministry of Agriculture, responsible for protection of plant varieties; (iv) the Department for Anti-monopoly Policy and Development of Comp etition within the Ministry of Economic 
Development and Trade, responsible for implemen ting Tajikistan's competition policy legislation, 
including provisions prohibiting unauthorized use of trademarks, trade packaging and undisclosed 
business information; (v) the Customs Service (speci al border measures); and (vi) other Government 
agencies and organizations such as the Supreme Ec onomic Court and the Ministry of Interior.   WT/ACC/SPEC/TJK/4 
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  - Participation in international intellectual property agreements 
194. The representative of Tajikistan said that Ta jikistan had acceded to the World Intellectual 
Property Organization (WIPO) in January 1994.  On industrial property pr otection, Tajikistan had 
ratified and implemented the Convention Establis hing the WIPO; the Paris Convention for the 
Protection of Industrial Property; the Madrid Agre ement Concerning the International Registration of 
Marks; the Nice Agreement Concerning the Interna tional Classification of Goods and Services for the 
Purposes of the Registration of Marks; the Lo carno Agreement Establishing an International 
Classification for Industrial Designs; the Patent  Cooperation Treaty; the Strasbourg Agreement 
Concerning the International Patent Classificati on; the Budapest Treaty on the International 
Recognition of the Deposit of Micro-organisms for th e Purposes of Patent Procedure; and the Nairobi 
Treaty on the Protection of the Olympic Symbol.   
195. Tajikistan was a member of the Universal Copy right Convention.  Tajikistan had acceded to 
the Berne Convention for the Protection of Litera ry and Artistic Works in March 2000, the Rome 
Convention on the Protection of the Rights of Perfo rmers, Producers of Phonograms and Broadcasting 
Organizations in May 2008 and the WIPO Copyright Treaty in April 2009.  The Division for 
Copyright and Related Rights was considering a nd preparing Tajikistan's accession to the WIPO 
Performances and Phonograms Treaty; the Convention for the Protection of the Interests of Producers 
of Phonograms from Illegal Broadcasting of thei r Phonograms (the Geneva Convention); and the 
Convention Relating to the Distribution of Progra mme-Carrying Signals Transmitted by Satellite (the 
Satellite Convention).   
196. Tajikistan was represented in the International Union for the Protection of New Varieties of 
Plants (UPOV).  His Government had submitted an application to join the UPOV Agreement in 2003.  
The UPOV Secretariat was reviewing this application.   
197. Within the framework of the Commonwealth  of Independent States, the following 
Agreements had entered into force in Tajikista n - the  Agreement "On Measures for Industrial 
Property Protection and on Creation of the Inte rstate Council on Industrial Property Protection 
Matters" of 12 March 1993; the Agreement "On C ooperation on Suppression of Infringements in the 
Field of Intellectual Property" of 6 March 1998; th e Agreement "On Measures to Prevent the Use of 
False Trademarks and Geographical Indications" of  4 July 1998; and the Agreement "On Mutual 
Security of Interstate Secrets in the Field of Indus trial Property" of 4 June 1999.  Tajikistan had also 
signed and ratified the Euro Asian Patent Conventio n in 1995.  This Convention had established an 
inter-state system of invention protection on the b asis of common patents.  The common patents were  WT/ACC/SPEC/TJK/4 
 Page 53 
 
 
  valid throughout the contracting States, i.e. Arme nia, Azerbaijan, Belarus, Kazakhstan, Kyrgyz 
Republic, Moldova, the Russian Federati on, Tajikistan and Turkmenistan.   
198. On a bilateral level, Tajikistan had made  intellectual property commitments under the 
United States - Tajikistan Trade Agreement of 1993.  The National Centre for Patents and Information 
within the Ministry of Economic Development a nd Trade had signed a mutual cooperation agreement 
with the Russian Agency on Patents and Tradem arks (ROSPATENT).  The Division on Copyright 
and Related Rights also had bilateral agreements with the copyright organi zations of Kazakhstan, 
Kyrgyz Republic, Moldova, the Russian Federation and Uzbekistan.   
- Application of national and MF N treatment to foreign nationals 
199. The representative of Tajikistan said that Tajikis tan's intellectual propert y rights legislation 
provided MFN treatment to all foreign nationals.  National treatment was also provided with some 
qualifications or exceptions as long as this would not contradict the provisions of other international 
agreements to which Tajikistan was a signatory.  The exception to national treatment concerned a 
differential fee structure for foreign and domestic nati onals.  He noted that Tajik  nationals not resident 
in Tajikistan, or foreign legal entities which did not  have permanent establishments in Tajikistan, had 
to register patents or trademarks through patent attorneys accredited with the NCPI.   
- Fees and taxes 
200. The representative of Tajikistan said that a temporary measure, set out in Decree No. 533 
"On Regulations of State Patent Fees" of 28 November 1994, had established different fees - and 
different methods for tabulating the fees - for foreig n nationals and citizens of Tajikistan.  Fees were 
charged for legal procedures and a pplications to grant and renew i ndustrial property protection, to 
register licence agreements, and to lodge appeals with  the Appeal Board of the NCPI.  Fees were also 
charged for copyright and related rights.  The f ees and charges are enumerated in Table 13.   
201. He added that Tajikistan would eliminate the di scriminatory and differential fee structure.  
Asked to update the Working Party on the elimin ation of the discriminatory and differential fee 
structure, he said that Tajikistan planned to adopt a system that would differentiate on the basis of per 
capita income (UN calculations).  Citizens of count ries with per capita income of less than US$3,000 
would be entitled to a preferential fee (regardless of the nationality of the applicant).  The new system 
would be implemented through a Government Resolution.   WT/ACC/SPEC/TJK/4 
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  - SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AND MAINTENA NCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Copyright and related rights 
202. The representative of Tajikistan said that  the Law No. 726 "On Copyright and Related 
Rights" of 13 November 1998, as amended, governed  copyright protection in Tajikistan.  Tajikistan 
had been a member of the Berne Convention si nce 2000, the Rome Convention since 2008 and the 
WIPO Copyright Treaty since 2009.   
203. In accordance with Articles 5 and 6 of the 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 (s peeches, reports, etc.), literary works (scientific, 
educational, including computer programmes of bo th source text and objective code), audiovisual 
works, derived works, etc.   
204. As provided for in Articles 17 and 42 of the Law, the term of copyright protection in 
Tajikistan was the lifetime of the author and 50 year s after his/her death.  Other related rights were 
protected for 50 years from the first fixation or pe rformance.  Copyrighted works first published up to 
30 years after the author's death were accorded protection for 50 years following the authorized 
publication.  The term of protection under the previ ous copyright legislation (Article 493 of the Tajik 
Civil Code of 1965) had been 25 years.  Works, whose terms of protection of 25 years had expired 
before the entry into force of the new Law in November 1998, had become public property.  However, if a work was still under protection as of 13 November 1998, then its term of protection had 
been increased to 50 years.  This retroactivity pr inciple, in accordance with Articles 14.6 and 70.2 of 
the TRIPS Agreement, had also been extended to sound recordings, i.e. the rights of performers and 
producers of phonograms, with amendments to the Law "On Copyright and Related Rights" 
introduced in 2009.   
205. Although copyright and related rights were transfer able, in full or in part, and on an exclusive 
or non-exclusive basis, the royalties or minimum (b ut not maximum) remuneration payable to right 
holders were subject to Government regulation (G overnment Decrees No. 252 of 1 July 1999; No. 37 
of 4 February 2002; and No. 351 of 1 August 2006).  In practice, the remuneration was fixed by the 
contracting parties by mutual agreement with due co nsideration given to the type, difficulty, volume 
and significance of the work as well as the qualifications of the author.    WT/ACC/SPEC/TJK/4 
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  206. The principle of national treatment was respected and provided for in Articles 4 and 30 of the 
Law "On Copyright and Related Rights" (as amended in Law No. 162 of March 2006).  He stated that 
Tajikistan provided copyright protection in full conf ormity with Article 3 of the TRIPS Agreement.  
207. Asked about the points of attachment for the protection of foreign sound recordings and 
whether Tajikistan would join the Geneva Phonogr ams Convention, the representative of Tajikistan 
said that Articles 30 and 42 of the Copyright Law protected the rights of foreign performers and 
phonogram producers.  Tajikistan had also acceded to the Rome Convention, and thus accorded full 
protection to phonogram producers.  With regard  to providing producers of sound recordings an 
exclusive right to public performance and transmission in either analog or digital format, he noted that 
Article 35 of the Law gave phonogram producers remuneration rights and a right to public 
performance.  The Law had been amended in 2006 to provide for transmission rights of public 
performances in digital medium (a dditions to Articles 34 and 35).   
- Trademarks, including service marks 
208. The representative of Tajikistan said that trad emarks were protected in accordance with the 
Law No. 234 "On Trademarks and Service Marks" of 5 March 2007.  The provisions of the 2007 Law 
were in conformity with the provisions of the TRIPS Agreement, including with respect to 
Articles 15.5, 16.2, 19.1 and 21 of the Agreement.   
209. Trademarks and service marks were defined as "designations, capable of individualization 
(distinguishing the) goods, works and services of legal entities or natura l persons engaged in 
commercial activities" .  As provided for in Article 18 of the La w, the ten year term of protection for 
trademarks was renewable, upon request by the right holder during the last year of the term, for additional periods of ten years.   
210. Article 20 of the Law provided for the public ation of information on registration.  
The opportunity to object to the registration of a trademark was given to third parties only after 
publication of the registered trademark in the Official Gazette (Article 33).   
211. Well known marks were protected according to Ar ticles 23 and 24 of the Law.  Procedures 
for the registration of a well known mark were stipulated in "Rules for the Recognition of a 
Trademark as Well Known in Tajikistan", adopted by the Ministry of Economic Development and 
Trade in July 2007.  Whether a mark was well known was determined by (i) territory of use, 
(ii) period of use, (iii) resources spent on advertis ing, and (iv) recognition of the mark.  Specialized 
organizations would conduct sociological surveys to determine the latter.  Tajikistan protected WT/ACC/SPEC/TJK/4 
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  trademarks and well known marks without registrati on in accordance with the Madrid Agreement by 
decision of the Appellate Council of the Pate nt Agency.  Articles 33 and 34 of the Law 
"On Trademarks and Service Marks" set criteria for the termination of protection for a well known 
mark.   
212. Article 34 of the Law allowed for the cancellati on of registered trademarks upon submission 
of a petition, and a court decision to that effect, on the grounds of non-use for an uninterrupted period 
of three years from the date of registration, or for a period of five years prior to the submission of the 
court petition.  Other grounds for the cancellation of registered trademarks included the expiry of the 
term of protection; liquidation of the owner of th e trademark; a trademark being recognized as invalid; 
and a trademark owner having volunta ry surrendered the trademark.   
213. He recognized that Article 21 of the TRIPS Ag reement explicitly prohibited the compulsory 
licensing of trademarks and confirmed that no provisions permitted the compulsory licensing of a 
trademark in Tajikistan.  The Law granted the owner of a trademark the right to transfer (Article 30) 
or assignment (Article 31), while not conditioning the ri ght to transfer on the transfer of business.   
- Geographical indications, including appellations of origin 
214. The representative of Tajikistan said that geogra phical indications were protected pursuant to 
Law No. 236 "On Geographical Indications" of 5 March 2007.  Registrations of appellations of origin 
had previously been undertaken on the basis of te mporary regulations "On Appellation of Origin and 
Grant of the Right to Use It" of February 1995.   
215. An appellation of origin was defined as "a desi gnation which is or contains a contemporary or 
historical name of a country, settlement, location or other geographical object (or a derivative from 
such designation) and which has become known as a r esult of its use in respect of a good the specific 
quality and features of which are essentially or ex clusively defined by natural conditions and/or 
human factors specific to a given geographical object."  Legal protection of appellations of origin was 
provided on the basis of registration or by virtue of  inclusion in international treaties that Tajikistan 
had ratified.   
216. In accordance with Article 22.2(b) of the TRIPS Agreement, the legal means provided to 
interested parties to prevent misleading use of a ge ographical indication, or any use that constituted an 
act of unfair competition within the meaning of Article 10 bis of the Paris Convention, was provided 
for through the Law "On Trademarks and Service Marks" (Article 8), the Law "On Geographical 
Indications" (Article 16), and Article 7 the Law "On competition and restriction of monopoly activity  WT/ACC/SPEC/TJK/4 
 Page 57 
 
 
  in the commodity markets" of 10 November 2000.  The Competition Law gave interested parties an 
opportunity to file petitions with the Department  for Anti-Monopoly Policies and Development of 
Competition, which would consider the infringements of  the Law and take decisions within the limits 
of its competence (set by Article 20 of the Competition Law).   
217. He added that additional protection of geogr aphical indications for wines and spirits, 
as stipulated in Article 23 of the TRIPS Agreement, was not provided for in th e present legislation.  
Geographical indications for wines and spirits we re currently protected only in accordance with 
general practice.  Asked whether a prior-in-time trademark would have priority over a conflicting 
later-in-time geographical indication, the represen tative of Tajikistan said that the Law did not 
provide for priority of a geographical indication (a ppellation or origin) over a prior-in-time trademark, 
nor did the Law provide for a prior-in-time register ed trademark to co-exist with a later-in-time 
geographical indication.   
- Industrial designs 
218. The representative of Tajikistan said th at Law No. 16 "On Industrial Designs" of 
28 February 2004 formed the legislative basis for the protection of industrial designs, replacing a 
temporary Regulation "On Invention, Utility Models  and Industrial Designs" of 1994.  Tajikistan 
provided protection for an industrial design represen ting "novelty and originality" (Article 5, 
paragraph 2).  The initial term of protection was for ten years, with the possibility of extension for a 
period of not more than five years (Article 6, pa ragraph 4).  The protection of textile designs, as 
stipulated in Article 25.2 of the TRIPS Agreem ent, was provided in Article 6.7 of the Law 
"On Copyright and Related Rights".   
- Patents 
219. The representative of Tajikistan said that Law No. 17 "On Inventions" of 28 February 2004 
governed patent protection in Tajikis tan.  The Law was, in his view, in conformity with the provisions 
of the TRIPS Agreement, having replaced a tempor ary Regulation "On Inventions, Utility Models and 
Industrial Designs" of 1994.   
220. In accordance with Article 6 of the Law "On I nventions", patent prot ection was provided for 
inventions considered new, involving an inventive step, and industrially applicable.  The commercial 
exploitation of proposals or solutions contrary to public interests or principles of humanity and 
morality were not recognized as patentable subject matter under the Law "On Inventions".  Scientific 
theories and mathematical methods; methods of or ganization and the management of the economy; WT/ACC/SPEC/TJK/4 
Page 58  
 
  conventional signs, schedules and rules; algorithms and computer programmes; rules and methods for 
performing mental acts; lay-out designs of construc tions, buildings etc.; and proposals solely related 
to aesthetics and the external appearance of manufact ured products were not recognized as inventions 
and were thus also excluded from patent protection.   
221. Patent protection was granted for a period of twenty years from the date of filing of the 
application with the NCPI.  If a petty patent was converted into a patent, the 20 year term of 
protection applied from the date of filing the appl ication for a petty patent.  As provided for in 
Article 26 of the Law, the rights conferred on the pa tent or petty patent holder included the exclusive 
right to manufacture, use, import, sell and in an y other way put to commercial use the patented 
product or process.  The patent also gave the holde r the right to prohibit the use of the patented 
inventions by other persons, except in cases where such use, in accordance with the Law, did not 
constitute an infringement of the patent owner's ex clusive right.  Pursuant to Article 30 of the Law 
"On Inventions", the exclusive right of the holder di d not preclude the use of a patented invention for 
non-commercial purposes (scientific research, emergenc y situations, exhaustion of rights, etc.).  
These exceptions did not, in his opinion, unreasonably conflict with a normal e xploitation of a patent 
and did not unreasonably prejudice the legitimate inte rests of the patent owner, taking account of the 
legitimate interests of third parties.   
222. On compulsory licensing, he said that Article 28 of the Law "On Inventions" provided for the 
issue of compulsory licenses in compliance with Ar ticle 31(a) through (l) of the TRIPS Agreement.  
Compulsory licenses could be issued for reasons of unjustifiable non-use or insufficient use during a 
minimum period of five years, and after efforts to  obtain a licence on reasonable terms had failed; in 
case of national emergency or similar situations; and in the circumstances foreseen in Article 31(l) of the TRIPS Agreement.  Compulsory licenses were non-exclusive and non-assignable.  The decision of 
a court to issue a compulsory licence was communica ted to all parties concer ned.  Importation would 
be considered "use" of a patent in Tajikista n.  Disputes concerning application of the Law 
"On Inventions" and its provisions related to co mpulsory licensing, were resolved in court 
(Article 37).  He added that the Law would be am ended to ensure full compliance with Article 31(f) 
of the TRIPS Agreement, i.e. use to be author ized predominantly for the supply of the domestic 
market.   
223. As for process patents, he said that Article 5 of the Law "On Inventions" in his opinion 
fulfilled the requirements of Article 34.1(a) of th e TRIPS Agreement regarding reversing the burden 
of proof to the defendant.    WT/ACC/SPEC/TJK/4 
 Page 59 
 
 
  - Plant variety protection 
224. The representative of Tajikistan said that the La w "On Protection of Plant Varieties" granted 
patents for the protection of plant varieties and an imal breeds.  Patents were obtained by filing an 
application with the State Commission on Plant Varieties under the Ministry of Agriculture.  Law No. 119 "On Selection Achievements of Agricultu ral Crops" of 4 November 1995, as amended in 
2002 and 2004, and its implementing regulations (R egulation of the State Commission "On Sort Tests 
of Agricultural Crops and Protection of Plants", Law No. 25 "On Quarantine of Plants" of 
19 May 2001, and the Regulation "On the Service of  the State Phytosanitary and the Quarantine of 
Plants" approved by Governmental Resolution No. 372 of 1 August 2008) also provided the legislative basis for protection of plant varieties.   Amendments introduced to the Law "On Selection 
Achievements of Agricultural Crops" had incor porated comments from UPOV experts and had - in 
his opinion - brought the Law into conformity w ith the provisions of Article 27.3(b) of the 
TRIPS Agreement.  He added that the Laws "O n Protection of Plant Varieties" and "On Seed 
Farming" had been amended on 5 January 2008.   
- Layout designs of integrated circuits 
225. The representative of Tajikistan said that Part 3, Article 1126 of the Civil Code referred to 
layout designs of integrated circuits as "protected  objects".  However, rather than according protection 
through the Law "On Inventions", Tajikistan had introduced a separate Law No. 218 "On the Legal 
Protection of Electronic Integrated Circuits" of 22 December 2006.   
- Requirements on undisclosed information,  including trade secrets and test data 
226. The representative of Tajikistan said that Articles 152-154 of the Civil Code protected 
undisclosed information.  In addition, Article 7 of Law No. 147 "On Competition and Restriction of 
Monopoly Activity in Commodity Markets" of 10 N ovember 2000 also restrict ed the acquisition, use 
and disclosure of scientific, technical, industrial or commercial information, including commercial 
secrets, without the consent of the owner.  Howe ver, Article 7 of Law No. 147 did not apply to 
Government entities, including entities responsible for approval of pharmaceutical or agricultural 
chemical products.  Protection in these instances wa s provided in accordance with Article 152 of the 
Civil Code, which required Government entities to protect commercial secrets.   
227. The Pharmacology Centre at the State Me dication Examination Centre, under procedures 
approved by the Ministry of Health, was res ponsible for keeping all tests and other data  related to the 
marketing of pharmaceutical products in Tajikistan.  Pursuant to Government Resolution No. 391 of WT/ACC/SPEC/TJK/4 
Page 60  
 
  October 2002, the State Laboratories on Standardiza tion, Certification and Licensing of Veterinary 
Drugs had also been set up for the marketing of  pharmaceutical products using new chemicals and 
protection from unfair commercial use.   
228. Asked whether Tajik legislation would be amended to ensure co mpliance with Article 39.2 of 
the TRIPS Agreement, he said that Article 153 of the Civil Code would be amended and the 
expression "there is free legitimate access to it"  wo uld be replaced by "absence of free access to it on 
a legal basis".  He added that neither the Civil C ode nor the Law "On Competition and Restriction of 
Monopoly Activity in Commodity Markets" required his Government to preclude reliance by a second applicant for registration of a pharmaceutical or drug on the basis of marketing data submitted 
by the first applicant for marketing approval.   
229. As for Tajikistan's compliance with Article 39.3 of the Agreement, he said that the use of 
undisclosed test and other data, without the owner's consent, was deemed a form of unfair competition 
pursuant to Article 7 of Law No. 147 and was cont rary to Article 16 of the Law "On Inventions", 
which stipulated that all materials submitted in th e course of the application process were confidential 
prior to publication, and could not be disseminated to third parties.  Furthermore, Article 153 of the 
Civil Code protected official and commercial secr ets of real or potential commercial value.  
Article 278 of the Criminal Code provided for liability for unauthorized dissemination to third parties.   
- MEASURES TO CONTROL ABUSE OF INTELLECTUAL PROPERTY RIGHTS 
230. The representative of Tajikistan said that th e abuse of intellectual property rights was 
controlled by means of compulsory licensing and the right to prohibit unfair competition in Tajikistan.  
Provisions of the temporary Regulations "On I nventions, Utility Model and Industrial Designs" 
(Article 10), Law "On Inventions" (Article 28), Law "On Trademarks and Service Marks" (Article 24) 
and the Law "On Competition and Restriction of  Monopoly Activity in Commodity Markets" 
provided recourse to measures in cases of abuse of IPR protection.   
- ENFORCEMENT 
- Civil judicial procedures and remedies 
231. The representative of Tajikistan said that civil judicial procedures and remedies were 
provided for in Articles 11, 12, 15, 152 and 171 of the Civil Code.  Part III of the Civil Code included 
further provisions for the protection and enforcemen t of intellectual property.  Provisions regarding 
the collection of evidence were contained in the Ci vil Procedure Code (Articles 33, 39, 40 and 41) and 
the Criminal Procedure Code (Articles 63 and 80).    WT/ACC/SPEC/TJK/4 
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  232. In response to queries on the seizure or destru ction of infringed goods and damages awarded 
for IPR violations in civil cases, the representative of  Tajikistan said that Article 15 of the Civil Code 
provided for the complete indemnification of the losses of the intellectual property right holder in 
cases of infringement.  Destruction of the infringe d goods, and the materials or equipment used in 
their production, was carried out in accordance with  Article 847 of the Administrative Violations 
Code and Article 80 of the Criminal Procedure Code .  Furthermore, in accordance with Article 48 of 
the Law "On Copyright and Related Rights", right holders were conferred the right to demand from 
the infringer the payment of compensation in the am ount established by the court or the surrender, in 
place of the payment of damages, of revenue de rived by the infringer from the infringement.  
The Law also provided for the cessation of acts infri nging or liable to infri nge the rights of the 
copyright holder.  Counterfeited goods or works seize d in Tajikistan could, upon request, be handed 
over to the copyright holder or destroyed.  Comp ensation for losses was provided for in Article 32 of 
the Law "On Trademarks and Service Marks".  Artic le 156 of the Criminal C ode defined "significant 
damage" with regard to infringement of patents or copyright and related rights as damage exceeding 
1,000 calculation units (i.e. more than 25,000 Somoni in 2009).   
233. He added that it was necessary to create patent courts in Tajikistan as presently all 
patent-related disputes were considered by the Boar d of Appeals in the NCPI, and in some cases, the 
Supreme Economic Court of Tajikistan.   
- Provisional measures 
234. The representative of Tajikistan said that provisional measures for the protection of 
intellectual property were available pursuant to the Civil Procedure Code (Articles 33, 38, 41 and 
142-147) and the Economic Procedure Code (Article s 54, 71 and 72).  However, existing provisions 
did not grant judges the authority to order injunctions inaudita altera parte , and the Codes would be 
amended to provide indemnificati on to the defending party for harm caused by unjustified provisional 
measures.   
- Administrative procedures and remedies 
235. The representative of Tajikistan said that Tajik istan's legislation envisaged administrative 
procedures and remedies if the nature of the infri ngement or violation of intellectual property rights 
did not constitute a criminal offence under existing laws.  Administrative decisions or orders could be 
appealed in courts according to Article 11 of the Civil Code.  District (municipal) courts were 
authorized to examine such cases.   WT/ACC/SPEC/TJK/4 
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  236. Violations of copyright and related rights were subject to administrative fines and the 
confiscation of such works or goods in accordance with Articles 375-381 and 847 of the 
Administrative Violations Code of 31 December 200 8.  Fines were imposed not less than two months 
from the date of infringement, and ranged from 3 to 300 calculation units.  The fines ranged from 
5 to 400 calculation units for repeat offences.  Deta iled administrative procedures were set out in the 
legislation to determine and verify the violatio n of rights, to take the necessary administrative 
decisions and, if necessary, to prepare the case for court.  The Ministry of Internal Affairs 
(Department to Combat Against Infringements of Intellectual Property Rights) and the Prosecutor's 
Office were responsible for implementing administra tive measures and penalties.  Final decisions on 
administrative fines were taken by the district (municipal) judicial courts.     
237. Administrative remedies were also available pursuant to Articles 9 and 16 of the Law 
"On Competition and Restriction of Monopoly Activity in Commodity Markets" for the unauthorized 
use of trademarks and illegal use of undisclosed inform ation, etc.  However, fines were not applied on 
the basis of this Law as the Civil Code, the Code of Administrative Violations and the Criminal Code 
were more relevant for matters of intellectual property protection.   
- Special border measures 
238. The representative of Tajikistan said that the Customs Code contained provisions on special 
border measures.  In addition, provisions governing the protection of intellectual property rights were 
reflected in Government Resolution No. 185 "On Ad opting the Decision on Rules of Customs Control 
Over the Movement of Goods Containing Objects of  Intellectual Property", in "Provision on order of 
customs control related to goods containing intellectua l property objects", and in other legislative acts.   
239. A new regulation to implement the CIS Heads of State Decision "On Rules for Customs 
Control of Transfer across the Customs Border of Goods Containing Intellectual Property Objects" 
was being developed.  Item 10 of the CIS Heads of State Decision entitled custom bodies to suspend 
or withdraw the release of goods that contained in tellectual property if evidence indicated that the 
goods were counterfeit.  Decisions on the merits of a case were referred to the judicial authorities in 
Tajikistan.  Provisions for the suspension of release of counterfeit or pirated goods were also provided 
for in Chapter 54 of the Customs Code and Section V(5.7) of the "Rules of customs control over 
goods containing objects of intellectual property".  He  considered these provisions to be in conformity 
with Article 55 of the TRIPS Agreement.  Chapter 54 of the Code also applied to the exportation of 
fake or pirated goods from Tajikistan.  These special  border measures applied to the transit movement 
of counterfeit or pirated goods, except in respect to goods transiting in interna tional postal shipments.  
Pursuant to Article 444 of the Customs Code, pr ovisions for the suspension of release were not  WT/ACC/SPEC/TJK/4 
 Page 63 
 
 
  applied to goods with objects of intellectual prope rty carried through the border by physical persons, 
or sent in international postal shipments in "insi gnificant quantities", if such goods were intended for 
personal use and non-commercial activities. Asked to provide more precision to the term 
"insignificant quantities", he referred to Governme nt Resolution No. 544 which allowed simplified 
customs formalities for goods imported for personal use within a value limit of US$1,000 and weight 
limit of 50 kilograms.  The value limit amounted to 150 calculation units for goods shipped via 
international mail.   
240. An application for invoking special border meas ures had to be accompanied by an appropriate 
collateral.  The procedure by which a right holde r submitted collateral to custom bodies in Tajikistan 
was outlined in the CIS Heads of State Decision.   He added that the collateral or financial 
commitment guaranteed the refund of costs incu rred by the customs body and compensation, if 
necessary, to the importer.  Provisions to establish th e amount of the collateral and the refund of costs 
incurred by a custom body were in preparation.   
241. In accordance with Item 8 of the CIS Heads of  State Decision and Article 442 of the Customs 
Code, an applicant or declarant could take samp les and photos for an expert examination of the 
suspected counterfeit or pirated goods.  Article 442  of the Code developed further the procedures 
relating to the right of inspection and information.   The Customs body could provide the right holder 
with information he/she might need to prove the violation of his/her rights such as the address and 
other details of the consignor, expor ter or importer, as well as data on the quantity of goods suspended 
or withdrawn from release by Customs.   
242. The existing legislation did not establish conditions for the customs authorities to act 
ex officio  nor for public officials to be held liable when acting in bad faith.   
- Criminal procedures 
243. The representative of Tajikistan said that the Crimin al Code (Articles 156, 275, 277, 278, 294, 
298, and 301) established criminal penalties for th e wilful infringement of copyright and patents 
(Article 156), trademarks (Article  275), unauthorized acquisition or di sclosure of commercial or bank 
secrets (Articles 277 and 278), unfair competition and the deception of consumers (Article 294), and 
the unauthorized access or acquisition of (undisclo sed) computer information (Articles 298 and 301).  
The level of counterfeit activity subject to criminal  prosecution had been defined by Article 156 of the 
Criminal Code, and had been set as damages exc eeding 1,000 calculation units (i.e. more than 
25,000 Somoni in 2009).   WT/ACC/SPEC/TJK/4 
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  244. In accordance with Article 122 of the Criminal Procedures Code, criminal investigations and 
cases were pursued by the Office of the Public Prosecutor.  The Prosecutor's Office had processed 
55 criminal cases in 2003 and 135 cases in 2004.  Pe nalties, as set out in the Criminal Code, ranged 
from 200 to 1,500 calculation units and/or imprisonment for up to five years for copyright, patent or 
other industrial property infringements.  For re peat offences, and following the exhaustion of 
available administrative remedies, criminal penalti es for the illegal use of trademarks ranged from 
1 to 2,000 calculation units and/or imprisonment for up to six months, or disciplinary works for up to 
two years.   
VI. POLICIES AFFECTING TRADE IN SERVICES 
[Tajikistan submitted an initial offer on specific  commitments in services in February 2004 
(WT/ACC/SPEC/TJK/2).  The latest revised offer is dated March 2009 
(WT/ACC/SPEC/TJK/2/Rev.3). ] 
245. The representative of Tajikistan said that servi ces accounted for about 42 per cent of GDP.  
Trade in services had increased ten-fold over the last decade from US$50.2 million in 1998 to 
US$504.2 million in 2008.  Services incidental to mining and transportation services were the 
principal service sectors in Tajikistan.  Tourism, education, communications and construction services 
were also important.  Information, based on the format of WT/ACC/5, was provided in Annex 7 of 
document WT/ACC/TJK/3.   
246. As a transition economy the State's role in th e provision of services had evolved, and been 
reduced over time, in tandem with an increasing ro le of the private sector.  The Ministries and 
Government bodies responsible for services trade in Tajikistan included the Ministry of Economy and 
Trade; the Ministry of Finance; the Ministry of Transport and Communication; the Ministry of Energy; the Ministry of Health; the Ministry of Edu cation; the Ministry of Justice; the Ministry of 
Culture; the Ministry of Agriculture; the Ministry of Industry; the Ministry of Water Resources; the 
Ministry of Labour and Social Protection; the Nati onal Bank of Tajikistan; the State Unitary Tourism 
Enterprise "Sayoh"; and the Government Committee on Architecture and Construction.   
247. Tajikistan's services regime imposed few limita tions on market access and national treatment.  
A requirement for foreign enterprises to hire at l east 70 per cent of their work force locally, imposed 
by Article 27 of the Foreign Investment Law of 10 March 1992, did not apply to domestic enterprises.  
248. Concerning legal services, he said that foreign legal entities had the right to set up affiliates 
and representative offices in Tajikistan in accord ance with the Civil Code.  As per the Law  WT/ACC/SPEC/TJK/4 
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  "On Advocacy" of 4 November 1995, Tajikistan recogni zed, on a mutual basis, the rights of foreign 
lawyers to provide legal services on its territory withou t the right or requirement to open legal offices.  
Consistent with the existing legislation, foreign la wyers were allowed to apply and obtain a licence to 
practice in Tajikistan on the same basis as local candidates, if he/she had a diploma of higher 
education in law from Tajikistan, or a diploma fro m other CIS countries acknowledged by Tajikistan.  
Article 210 of the Economic-Procedur al Code governed the participation of foreign lawyers in 
non-judicial proceedings, such as arbitration or me diation, and provided fore ign persons or entities 
with equal rights in such proceedings.   
249. With regard to financial services, and specifically to the licensing requirements for banking 
services applied by the National Bank of Tajikista n, he confirmed that the same standards and 
requirements were applied to fo reign and domestic banks.  A specialized agency on securities had 
been created under the Ministry of Finance for th e further development of a securities market in 
Tajikistan.  A National Real Estate Exchange had also been created.  The Law "On Securities and 
Stock Exchanges" regulated securities transactions.  However, a secondary market in securities was 
still at its formative stage.   
250. Article 51 of the Civil Code and the Law "On In surance" governed the provision of insurance 
services.  Licenses to participat e in insurance activities were issued by the State Insurance 
Inspectorate under the Ministry of Finance.  Foreig n nationals or legal entities could establish limited 
liability or joint stock insurance companies, with foreign investment limited to 49 per cent of the 
statutory funds of the company.   
VII. TRANSPARENCY 
- Publication of information on trade 
251. The representative of Tajikistan said that Law No. 54 "On Normative Legal Acts" of 
8 December 2003 provided for the publication of nor mative legal acts, except for acts containing State 
or other secrets protected by law.  Judicial decisions were not covered by the Law.  Article 6 of the 
Law defined normative legal acts as official documents  with instructions of general application, 
amending or repealing regulations adopted by the State, authorized  officials or through referendum.  
Pursuant to Articles 53 and 54 of the Law, norma tive legal acts were published in three official 
publications ("Akhbori Majlisi Oli", the newspaper "Jumhuriyat", and the Code of Laws of the 
Republic of Tajikistan) within fifteen days of  being signed into law by the President.  
These provisions were, in his view, in full complianc e with Article X of the GATT.  The legal acts 
came into force only upon publication.  On issues of importance and of gene ral public interest, the WT/ACC/SPEC/TJK/4 
Page 66  
 
  publication of draft acts was envisaged in the mass me dia for public discussion.  Article 45 of the Law 
"On Normative Legal Acts" would be amended to ma ndate agencies to publish draft legislation for 
comment.  In practice, interested parties were gi ven one month to forward comments.  Suggestions 
and comments received from the public were consid ered in the revision of these draft laws.   
252. In accordance with Regulation No. 456 of 5 October 2001, all normative legal acts of 
Ministries and State agencies were published, ex cept for acts containing State or other secrets 
protected by Law.  The legal acts were published in  official publications and would come into force 
only upon publication.  He confirmed that this re quirement also covered the normative acts of custom 
bodies in Tajikistan.  Legal normative acts regulati ng the activities of Tajikistan's tax and customs 
bodies were published in the weekly publications "Boju Hiroch" and "Vestnik".  The press service of 
the Ministry of Public Revenues also provided in formation on tax and customs matters to the mass 
media.   
- Notifications 
[to be completed] 
VIII. TRADE AGREEMENTS  
253. The representative of Tajikistan said that Tajikis tan had signed bilateral agreements for MFN 
treatment with Afghanistan, Austria, Hungary, Viet  Nam, Kuwait, Pakistan, Romania, Syria, the 
Slovak Republic, India, Islamic Republic of Ira n, Peoples Republic of China, United States of 
America, Turkey, and the Czech Republic.  Preferen tial treatment could be accorded to States which 
had a Free Trade Agreement or a Customs Union with Tajikistan, or which as developing or 
least-developed countries received preferences in accordance with the Ge neralized System of 
Preferences (GSP).  The list of beneficiaries of the GSP scheme of Tajikistan was revised by his Government at least once every five years.  Pr esently, Tajikistan accorded  duty-free treatment to 
goods exported by the least-developed countries in accordance with Resolution No. 450 "On Customs 
Tariff" of 25 October 2003.   
254. As provided for in the Ashgabat Agreement on "General Conditions and Mechanism of 
Support for Development of Pr oduction Cooperation of Enterprises and Branches of CIS 
member-States", the parties to this Agreement had un dertaken to cooperate on the custom clearance of 
goods and not to apply import and export duties, ta xes, excise taxes and quantitative restrictions on 
goods, delivered by way of cooperation, within the fra mework of this Agreement.  Pursuant to this 
Agreement, Tajikistan had approve d the procedures for the transfer of goods through its custom  WT/ACC/SPEC/TJK/4 
 Page 67 
 
 
  borders through Regulation No. 28 of 12 January 1996.  Bilateral Agreements on Cooperation in 
production had been signed with the Governme nts of the Russian Federation and Moldova.  
The Ministry of Energy and Industry had also signed Cooperation Agreements with the Ministries of 
Industry of Belarus, the Kyrgyz Republic and Ukraine.   
255. He stated that Tajikistan had not considered  the creation of a single agricultural market 
among the CIS member States.  However, this issu e had been discussed within the Organization of 
Central Asian Cooperation (OCAC).  A draft text on the "Creation of  a Food Market Consortium" had 
been agreed at the working group level, and wa s under active consideration by the OCAC member 
States.   
256. Tajikistan was a member of the Euro-Asian Economic Community.  The Treaty establishing 
the Euro-Asian Economic Community had been signed on 10 October 2000.  The other member 
States of this Community were the Russian Fe deration, Kazakhstan, the Kyrgyz Republic and 
Belarus.  Commodities imported from the member-s tates of the Euro Asian Economic Community 
were granted certain preferential tariffs and duty exemptions.  Work was underway to create a single 
domestic market, single customs territory and single customs tariffs; to harmonize economic and trade 
regulation; and to abolish customs control over the internal borders of the member States.  
A coordinated policy on the application of trade remedies was also envisaged.   
257. Responding to concerns that the establishment of  a free trade area or customs union within the 
meaning of Article XXIV of the GATT 1994 and the Uruguay Round Understanding on that 
Article required a plan and schedule for the eliminat ion of duties on substantially all trade and other 
regulations of commerce between the constituent par ties, the representative of Tajikistan noted that 
the Treaty envisaged the adoption of documents conf irming the staging of the integration between the 
member States of the Eurasian Community.   
CONCLUSIONS 
[to be completed] WT/ACC/SPEC/TJK/4 
Page 68  
 
  ANNEX 1 
Laws, Regulations and Other Information Pr ovided to the Working Party by Tajikistan
 
- "Tax Code" of the Republic of Tajikistan of 3 December 2004; 
- Law No. 133 "On Introducing Amendments into the Law of the Republic of Tajikistan "On 
Banks and Bank Activity"" of 28 December 2005; 
- Protocol No. 51 "On Procedure for Issuing Perm ission for Residents for Opening of Accounts 
in Foreign Currency in Banks Outside of the Republic of Tajikistan"  of 16 September 1997; 
- Decree No. 113 "On Putting into Effect the La w of the Republic of Tajikistan on Foreign 
Exchange Regulation and Control" of 4 November 1995; 
- Decree No. 1249 "On Liberalization of Currenc y and Export Operations and Measures to 
Ensure Complete Return of the Currency Proceeds to the Republic of Tajikistan" of 
13 July 1999; 
- Instruction No. 142 "On Order of Import into th e Republic of Tajikistan and Export from the 
Republic of Tajikistan of Foreign Currency in Cash and Securities in Foreign Currency" of 
11 October 2005; 
- Instruction Regulation "On the Procedure to  Implement Currency Control on Exchange 
Earnings in the Republic of Tajikistan Co ming from the Export of Merchandise" of 
14 August 1996; 
- Regulation No. 51 of the Republic of Tajik istan on "Procedure of Carrying Currency 
Transactions Related to Capital Movement" of 16 September 1997; 
- Law No. 555 "On Foreign Investment in the Republic of Tajikistan" of 10 March 1992; 
- Law No. 260 "On Investments" of 12 May 2007; 
- Law No. 10 "On State Enterprises" of 28 February 2004; 
- Charter of the State Unitary Enterprise "Khurokvori"; 
- Resolution No. 310 "On Approval of the Re gulation on Procedure of Formation and 
Application of Free Prices and Tariffs" of 4 May 1995; 
- Decree No. 526 "On Natural Monopolies of 13 December 1997; 
- Extract from the Law "On Competition and the Restricting of Monopoly Activities in 
Commodity Markets" of 10 November 2000; 
- Law No. 54 of the Republic of Tajikistan on "Normative Legal Acts of the Republic of 
Tajikistan" of 8 December 2003; 
- Resolution No. 456 "On Approval of Regulati on on the Procedure of State Record and 
Registration of Normative-Legal Acts of th e Republic of Tajikistan" of 5 October 2001; 
- Chapter 4 (Articles  48-135) of the "Civil  Code" of the Republic of Tajikistan; 
- Chapter 4 of the Code "On Economic Court Proceedings"; 
- Chapter 13 (Articles 142 - 147) of the Code "Of Civil Procedures"; 
- Article 156 of the Criminal Code No. 575 of 21 May 1998; 
- Law No. 3 of the Republic of Tajikistan on "E xternal Economic Activity in the Republic of 
Tajikistan" of 27 December 1993; 
- Law No. 3 "On Introducing Amendments and A dditions into the Law of the Republic of 
Tajikistan "On Foreign-Economic Activity of the Republic of Tajikistan"" of 
28 February 2004; 
- Law No. 822 of the Republic of Tajikistan on the "State Regulation of External Trade 
Activities" of 3 September 1999; 
- Law No. 5 "On State Registration of Legal Entity" of 22 April 2003; 
- Law of the Republic of Tajikistan on "State Duty" of 28 February 2004; 
- "Customs Code" of the Republic of Tajikistan of 3 December 2004; 
- Resolution No. 472 "On Approval of Rates of Customs Fees for Customs Services Rendered" 
of 2 December 2005; 
- Resolution No. 450 "On the Customs Tariff" of 25 October 2003;  WT/ACC/SPEC/TJK/4 
 Page 69 
 
 
  - Extract from the Customs Code and Resoluti on of the Majlisi Oli of the Republic of 
Tajikistan on the Customs Code of the Republic  of Tajikistan No. 199 of 4 November 1995; 
- Law No. 744 "On Customs Tariffs" of 14 May 1999; 
- Tax Code (Section VII.) - Value Added Tax; 
- Resolution No. 126 "On Excise Tax Rate for Sp ecific Goods Produced in the Republic of 
Tajikistan and Imported into the Territory of th e Republic of Tajikistan" of 2 April 2005; 
- Resolution No. 111 "On Measures for Improveme nt of Foreign Economic Activity in the 
Republic of Tajikistan" of 19 February 1997;  
- Information on production a nd consumption of tobacco and alcohol during 2002-2005; 
- Law No. 37 "On Licensing of Separate Types of Activity" of 17 May 2004; 
- Resolution No. 172 "On the Approval of the Regul ations "On the Peculiarities of Licensing 
Certain Types of Activities" of 3 April 2007; 
- Regulation No. 337 "On Specifics of Licensi ng of Certain Types of Activities" of 
1 September 2005; 
- Regulation No. 245 "On Approval of Order of Import and Export of Medicine and Medical 
Products in the Republic of Ta jikistan" of 5 June 2002; 
- Resolution No. 215 "On Rules for Purchase and Sa le, Export and Import of Precious Metals, 
Precious Stones and Raw Materials Containi ng Precious and Non-ferrous Metals" of 
6 May 2000; 
- Protocol "On Applying Special Preventive, Antidumping and Mitigating Measures in Trade 
Amongst State-Parties to the Customs Union" of 17 February 2000; 
- Government Decree No. 237 "On the Enhanc ement of Promotion of Domestically 
Manufactured Goods in Internati onal Markets" of 8 June 2001; 
- Draft Law "On the Technical Regulation";  
- Law No. 72 "On Consumers' Rights Protection" of 9 December 2004; 
- Law No. 25 "On the Quarantine of Plants" of 12 May 2001;  
- Law No. 118 "On Selection Achievement of Ag ricultural Crops" of 4 November 1995; 
- Law No. 73 "On Veterinary Practices" of 8 December 2003; 
- Law No. 117 "On Introducing Amendments into the Law of the Republic of Tajikistan "On 
Veterinary Medicine"" of 26 December 2005; 
- Law No. 49 "On Provision of Sanitary-Epidemiological Security of the Population" of 
8 December 2003; 
- Law No. 355 "On Seeds-Growing" of 5 January 2008; 
- Resolution No. 97 "On the Procedure of Ce rtifying Food Products and Other Commodities 
Imported - Exported Beyond the Republic of Tajikistan" of 16 March 1999; 
- Law No. 522 "On Free Economic Zones in the Re public of Tajikistan" of 29 April 2004; 
- Law No. 511 "On Government Procuremen t of Goods, Works and Services" of 
12 December 1997; 
- Regulation No. 159 "On Accedence of the Re public of Tajikistan to the International 
Convention on Protection of Interests of Actor-Performers, Producers of Phonograms and Broadcasting Organizations" of 11 November 2005; 
- Law No. 726 "On Copyright and Relate d Rights" of 13 November 1998; 
- Law No. 162 "On Introducing Am endments and Additions into the Law of the Republic of 
Tajikistan "On Copyright and A llied Rights"" of 3 March 2006; 
- Article 158(2) of the Law No. 913 "On Sale, Re nt or Other Illegal Use of the Copies of 
Works or Phonograms for commercial purposes" of 11 December 1999; 
- Law No. 456 "On Trade and Service Marks" of 23 December 1991; 
- Draft Law "On Trademarks and Service Marks"; 
- Draft Law "On Geographical Indications"; 
- Draft  Law "On Industrial Designs";  
- Draft Law "On the Legal Protection of the Topologies of Integrated Circuits"; 
- Draft Law "On Inventions" of 24 December 2003; WT/ACC/SPEC/TJK/4 
Page 70  
 
  - Temporary Provision of the Republic of Tajik istan "On Inventions, Utility and Industrial 
Designs" of 1994; 
- Regulation No. 251 of the Republic of Ta jikistan on "Minimal Amount of Royalties for 
Publication of Works of Science, Literature, Art and Implementation of Orders for Creation 
of Dramatic, Musical and Musical Dramatic a nd Literary Works for Public Performance or 
for the Right of First Public Execution of Unpublished Works" of 1 July 1999; 
- Resolution No. 252 of the Republic of Tajik istan on "Minimal Rates of Royalty for 
Performance of Literature and Art Works, Reproduction of Works in Sound (mechanical) 
Recording and Distribution of Copies of Sound Recordings and Audiovisual Works and Reproduction of Works of Fine Art and Rep lication of Decorative Applied Artworks 
Industrially" of 1 July 1999; 
- Resolution No. 37 of the Republic of Tajikistan on "Minimal Rates of Royalty for Art and 
Graphic and Photographic Works fo r Press" of 4 February 2002;  
- Resolution No. 533 "On Approval of Temporary Regulation On State Patent Fees" of 
28 November 1994; 
- Part III Section V of the Civil Code "On Intellectual Property";  
- Government Resolution No. 185 "On Approval of the Decision on the Rules for Customs 
Control on the Transfer of Goods Containing Intellectual Property Objects across the Customs Border" of 30 April 2002;  
- Law No. 170 "On Audit of the Republic of  Tajikistan" of 3 March 2006; and 
- Law No. 172 "On Geodesy and Cartography" of 3 March 2006.  
   WT/ACC/SPEC/TJK/4
 Page 71ANNEX 2 
 
Table 2:  Privatization of State-Owned Enterprises 
 
(a)  Information on Privatization of State Property by Sector  
 
 1991 1992 - 
1999 2000 2001 2002 2003 2004 2005 2006 2007 Total 
Industry  1 88 34 11 62 21 27 90 89 30 453 
Construction 2 119 22 27 53 22 22 75 110 15 467 
Transport and communications 0 47 15 16 49 26 41 79 81 20 374 
Trade 9 1,403 107 71 84 78 60 42 42 19 1,915 
Public catering 8 479 35 17 38 16 31 36 7 5 672 
Consumer services 17 1,745 94 76 104 60 57 50 49 40 2,292 
Public health 0 89 18 9 9 14 20 29 15 3 206 
Social sector 0 263 40 36 38 31 50 41 18 11 528 
Agriculture 0 444 81 49 91 69 162 182 308 440 1,826 
Assets under construction/ 
incomplete construction  1 111 19 3 0 0 0 5 7 2 148 
Other 1 560 181 102 102 84 66 41 78 72 1,287 
TOTAL  39 5,348 646 417 630 421 536 670 804 657 10,168 
 
(b)  General Information on Privatization of State Property  
 
 1991 - 
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
(May) Total 
State Property Units 
Privatized 6,027 417 633 421 536 670 804 657 537 43 10,748 
Of which:  Small Enterprises 
Privatized 5,733 345 467 374 423 521 643 536 400 37 9,485 
Of which:  Medium-size and Large Enterprises 
Privatized 294 72 163 47 113 149 161 121 137 6 1,263 
  
  WT/ACC/SPEC/TJK/4 
Page 72 (c)  Information on Privatized Enterprises by Sector  
in Accordance with the Strategic Privatization Plan (2003-2007)  
 
Sector Total 
Industry 124 
Construction 93 
Transport and communications 75 
Trade 96 
Public utilities 7 
Consumer services 5 
Public health 1 
Agriculture 14 
Other 4 
Total  419 
 
  
   WT/ACC/SPEC/TJK/4
 Page 73Table 3: Enterprises not yet Privatized  
 
(a)  List of Medium and Large Enterprises Not Privatized as of 1 April 2009  
 
No. Name Region Area Section Communal Property State Share 
(per cent) Collective 
Share Year 
1. JV "Bunafsha" Khatlon Nurek city industry No 100   
2. JV "Transformatorniy zavod" Khatlon Kurgan-tube city industry No 100   
3. JV "RMZ" DRS Bahdat city industry No 100   
4. JV "Shurobskoye SHSU" Sogd Isfara city industry No    
5. JV "Proletarskiy RMZ" Sogd J. Rasulov dist. industry No    
6. JV "Obyorii Dangara" Khatlon Dangara city industry No 100   
7. JV "Matbuot" Dushanbe Dushanbe city culture No 100   
8. JV "Kokinhoi Kulob" Khatlon Kulob city industry No 100   
9. JV "Charog" Sogd Isfara city industry No 100   
10. JV "Angisht" Sogd Isfara city industry No 100   
11. JV "Gidrosohtmon" Khatlon Farhor dist. industry No 100   
12. JV "MNA-27" Khatlon Hamadoni dist. transport No 100   
13. JV "Hotel Khujand" Sogd Chkalovsk city service  51   
14. JV "Madad" DRS Vahdat city trade  100   
 
(b)  Information on the Enterprises not Privatized Accord ing to the Strategic Privatization Plan by Sector (2009)  
 
Sector Total 
Industry 11 
Construction - 
Transport and communications 1 
Trade 1 
Public catering - 
Utility enterprises - 
Consumer services 1 
Public health - 
Social sector - 
Agriculture - 
Other - 
Total  14 
  
  WT/ACC/SPEC/TJK/4 
Page 74 (c)  Information on Privatization of Enterprises Trading on Behalf  
of the Government or Granted Privileges not available to other firms  
 
No. Name Privatization schedule Notes 
1. State Unitary Company TAJIKGAS To be determined. Individual restructuring plan has been approved by Resolution No. 438 of 
the Government of the Republic of Tajikistan (27 August 2008).  Currently in accordance with the indi vidual restructuring plan and the 
Resolution of the Government of Tajikistan No. 81 of 2 February 2009, 
State Unitary Enterprise "Tajikgaz" ha s been transformed into Open Joint  
Stock Company "Tajiktransgaz". 
2. OJSC BARKI TOJIK To be determined. Individual restructuring plan is being prepared. 
3. OJSC NAFTRASON 
(former TAJIKNEFTEPRODUCT) To be determined. Removed from the Strategic Plan in accordance with Resolution of the 
Government of Tajikistan No. 232 of 3 May 2008. 
4. State Unitary Air Company TAJIK AIR 
(former State Unitary Air Company 
TOJIKISTON To be determined. Individual restructuring plan has been approved by Resolution No. 175 of 
the Government of the Republic of Tajikistan (3 April 2007).  Currently, 
in accordance with Resolu tion of the Government of  Tajikistan No. 491 of 
1 October 2009, State Unitary Aviation Enterprise "Tajik Air" has been divided into six independent enterprises:  State Unitary Enterprise 
"International Airport Dushanbe", State Unitary Enterprise "International 
Airport Hodjent", State Unitary Enterprise "International Airport Kurgan-tyube", State Unitary Enterprise "International Airport Kulyab".  In 2009 
in  accordance with the individual restructuring plan, it is envisioned to 
transform five enterprises into joint stock companies (State Unitary Aviation Enterprise "Tajik Air", State Unitary Enterprise "International 
Airport Dushanbe" , State Unitary Enterprise "International Airport 
Hodjent",  State Unitary Enterprise "International Airport Kurgan-tyube", 
State Unitary Enterprise "International Airport Kulyab"). 
5. State Unitary Company ROKHI OUKHANI 
TOJIKISTON To be determined. Individual restructuring plan is under preparation. 
6. TADAZ To be determined. Individual restructuring plan is under preparation. 
7. State Unitary Company KHOUROKVORI To be determined. Individual restructuring plan is under preparation. 
8. JSC TOJIKTELECOM In 2009, individual privatization draft 
plan for the JSC TOJIKTELECOM 
should be prepared in  accordance with the 
individual restructuring plan. Individual restructuring plan has been approved by Resolution No. 71 of 
the Government of the Republic of Tajikistan (3 January 2006).  
   WT/ACC/SPEC/TJK/4
 Page 75Table 5(a):  Goods and Services Subject to Activity Licensing  
 
Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve electronic digital signatures 
and data protection Head Office for Protection of  State Secrets under the 
Government of the Republic of Tajikistan and its regional bodies in Gorno-Badakhshan Autonomous 
Oblast, in Soghd and Khatlon Oblasts Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production of print media materials protected from forgery (including certified securities) and circulation of the above products Ministry of Finance of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of pawnbroker's offices Ministry of Finance of the Repu blic of Tajikistan Resolution on the Approval of the Regulati on on the Key 
Elements of Licensing Certain Activities. 
Audit activities Ministry of Finance of the Republic of Tajikistan - audit 
of broker's boards, non-budgetary funds,  investment companies, insurance companies and general audit; 
National Bank of Tajikistan - audit of banking 
organizations Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Valuation activities State Committee for Investments and State Property 
Management of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve installation, repairs and 
maintenance of  fire safety  facilities for buildings and 
constructions Ministry of Internal Affairs of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve selling of non-military and duty weapons, their major components and related 
ammunition Ministry of Internal Affairs of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve maintenance and repairs of 
lifting devices, operation of explosion-hazardous and 
chemically hazardous industrial facilities Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve expert examination of industrial safely Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production, storage, 
distribution  and transportation of  industrial 
explosives; production and distribution of pyrotechnic items Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
  WT/ACC/SPEC/TJK/4 
Page 76 Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities in energy sector Ministry of Energy and Industry of the Republic of 
Tajikistan; 
Agency for Construction and Architecture under the Government of the Republic of Tajikistan  - works to 
assemble, adjust and repair power facilities Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Construction activities Agency for Construction and Architecture under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Geodesy and cartography activities Agency for Land Management, Geodesy and 
Cartography under the Government of the Republic of 
Tajikistan; 
Agency for Construction and Architecture under the Government of the Republic of Tajikistan - construction 
works Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Mine-surveying activities Head Office for State Surveillance of Safe Industrial 
Operations and Mines Inspectorate under the Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities in hydrometeorology and related sectors 
including proactive management of hydro-
meteorological and geophysical processes and 
phenomena Ministry of Agriculture and Conservation of Nature of 
the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve coll ection, use, transportation 
and disposal of hazardous waste Office for State Surveillance of Environmental 
Management and Conservation of Nature Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Pharmaceutical activities; production of means of disinfection, desinsection and deratization Unit for State Surveillan ce of Pharmaceutical and 
Medical Activities (having the status of Service) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve maintenance of medical 
equipment and dealing with agents of infectious 
diseases Ministry of Health of the Republic of Tajikistan Re solution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve gathering of medical plants 
and procurement of crude drugs Unit for State Surveillan ce of Pharmaceutical and 
Medical Activities (having the status of Service) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Private medical practice Unit for Stat e Surveillance of Pharmaceutical and 
Medical Activities (having the status of Service) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
   WT/ACC/SPEC/TJK/4
 Page 77Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve cultivation of drug-
containing plants for research, development of new 
narcotic drugs and psychotropic substances; activities, which involve legal circulation of narcotic drugs, 
psychotropic substances and precursors Unit for State Surveillan ce of Pharmaceutical and 
Medical Activities (having th e status of Service) -  
activities, which involve legal circulation of narcotic drugs, psychotropic substances and precursors used in 
health sector; 
Drug Control Agency under the President of the Republic of Tajikistan - activities, which involve legal 
circulation of precursors Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve the use of ionizing radiation 
(generating) sources and radioactive agents Academy of Sciences of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Land transport operations State Office for Surveillance and Regulation in 
Transport Sector Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Air transport operations State Office for Surveillance and Regulation in 
Transport Sector Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve setting up and management 
of pari-mutuels and gambling establishments Ministry of Finance of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Touring activities Committee for Youth Affairs, Sports and Tourism under 
the Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of patent solicitors Ministry of Economic Development and Trade of the 
Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve processing and 
disposal/selling of ferrous and nonferrous metal scrap 
and waste Ministry of Energy and Industry of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities related to employment of nationals of the Republic of Tajikistan outside the Republic of Tajikistan and of foreign nationals within the Republic 
of Tajikistan Ministry of Internal Affairs of the Republic of 
Tajikistan (Resolution No. 518 of the Government of the Republic of Tajikistan, 1 October 2007) Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Private veterinary practice Office for State Veterinary Surveilla nce Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production, imports, and exports of tobacco goods Ministry of Energy and Industry of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Proctor activities Ministry of Justice of the Republic of Tajiki stan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities in education sector Ministry of Education of the Repub lic of Tajikistan Resolution on the Approval of the Regulation  on the Key 
Elements of Licensing Certain Activities.  
  WT/ACC/SPEC/TJK/4 
Page 78 Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve circulation of precious 
metals and precious stones Ministry of Energy and Industry of the Republic of 
Tajikistan - processing of scrap and waste of precious 
metals for end products; affinage of precious metals; recuperation of precious stones; 
Ministry of Finance of the Republic of Tajikistan - 
buying-up from public of jewellery and other items made of precious metals and precious stones and related 
scrap for distributive industries Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve TV and radio broadcasting 
and production of artworks on audio-visual media Committee for TV and Radio Broadcasting under the 
Government of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve purchase, sale, use and disposal of ozone layer depleting substances and goods 
containing the ones; all operations related to 
installation, maintenance and repairs of equipment in which ozone layer depleting substances are used Office for State Surveillance of  Environmental 
Management and Conservation of Nature Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of non-governmental pension funds Ministry of Finance of  the Republic of Tajikistan Resolution on the Approval of th e Regulation on the Key 
Elements of Licensing Certain Activities. 
Broker activities Ministry of Finance of the Republic of Tajiki stan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Insurance activities Ministry of Finance of the Republic of Taji kistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of professional securities market players Ministry of Finance of the Republic of Tajikistan Resolution on the Approv al of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities of lending organizations (including non-banking organizations) National Bank of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve production and circulation of 
ethanol, alcohol and  spirituous items Ministry of Energy and Industry of the Republic of 
Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities in telecommunications State Office for Surveillance and Regulation in 
Telecommunications and IT Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
   WT/ACC/SPEC/TJK/4
 Page 79Licensed Activity Authorized Govern ment Agency Legislative Framework 
Activities, which involve the use of mineral resources Go vernment of the Republic of Tajikistan (executive 
licensing authority - Head Ge ological Office under the 
Government of the Republic of Tajikistan - geological prospecting, valuation and exploration works and 
collection of mineralogical, paleontological and 
geological materials; Ministry of Energy and Industry of the Republic of 
Tajikistan - extraction of oil, gas and coal;  the use of 
minerals and non-minerals including waste of rock constituents and their processing); 
Ministry of Energy and Industry of the Republic of 
Tajikistan - the use of widespread mineral resources Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve the use of endangered 
species of flora and fauna entered on the Red List of 
the Republic of Tajikistan Office for State Surveillance of Environmental 
Management and Conservation of Nature Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities. 
Activities, which involve works and services in the use of  nuclear energy Academy of Sciences of the Republic of Tajikistan Resolution on the Approval of the Regulation on the Key 
Elements of Licensing Certain Activities.  
  WT/ACC/SPEC/TJK/4 
Page 80 Table 5(b):  Imported Goods subject to Activity Licensing  
 
Code Description Issuing Authority Licensing Procedure 
1302 11 000 0 Opium Ministry of Health Additional documents: 
 - Opinion of appropriate authorities of the interior 
about the possibility of storing narcotic and 
psychotropic substances in the facilities for implementation of the proposed activity; 
- Statement from authorities of the interior about 
clean record of persons having access to narcotic and psychotropic substances; 
- Statement from the narcology service with regard 
to persons having access to narcotic and psychotropic substances; 
- Order of the head of the institution about 
appointment of persons ha ving access to narcotic 
and psychotropic substances; 
- Copies of diplomas of persons having access to 
narcotic and psychotropic substances; and 
- In case of proposed cultivation of drug-containing 
plants for scientific purposes as well as development of new narcotic and psychotropic 
substances a positive expert report from the 
Academy of Sciences of th e Republic of Tajikistan 
about expedience of conducting that particular 
activity is required. 
220300 Malt beer 
2204 Grape wines, natural wines, including fortified; stum, except for 
mentioned in merchandise position 2009 (including wine materials) 
2205 Vermouths and natural wines, other wines with vegetation and 
aromatic substances 
2206 00 Other fermented drinks (for example, cider, pear cider, and honey 
drink); mixes from fermented drinks, and mixes from fermented 
drinks and soft drinks not listed somewhere else; 
2207 Ethyl non-denatured alcohol with ethyl concentration of no less 
than 80% or more; ethyl alcohol and other denatured alcohols of 
any concentration; Ministry of Agriculture No additional documents except for those indicated in 
the Regulation No. 172 of 3 April 2007.  
A licensing fee in the amount of 76 minimal wages for 
each year of the licence period is charged for issuance of 
a licence to organization engaged in production and 
turnover of ethyl alcohol, alcoholic beverages and spirit-
based goods irrespective of forms of ownership.  A licensing fee in the amount of 12 minimal wages for 
each year of the licence period is charged for issuance of 
a licence to organizations (irr espective of organizational  
   WT/ACC/SPEC/TJK/4
 Page 81Code Description Issuing Authority Licensing Procedure 
2207 10 000 0 Ethyl non-denatured alcohol with ethyl concentration of no less 
than 80% or more 
2207 20 000 0 Ethyl alcohol, other denatured alcohols of any concentration 
2208 Ethyl non-denatured alcohol with ethyl concentration of no less 
than 80%; alcohol liqueurs, liqueurs, and other alcoholic drinks  and legal form) and individual entrepreneurs engaged in 
retail trade of alcoholic beverages and spirit-based 
goods. 
2939 91 110 0 unrefined cocaine 
2939 11 000 0 concentrates from poppy straws; buprenorphine (INN), codeine, 
dihydrocodeine (INN), ethylmorphine, ethorphine (INN), heroin, 
hydrocodone (INN), hydromorphone (INN), morphine, 
nicomorphine (INN), oxycodone (INN), oxymorphone (INN), folcodine (INN), tebacone (INN), and tebaine; salts of these 
compounds; 
2939 91 cocaine, ecgonine, levometamphethamine, metamphethamine 
(INN), metamphethamine racemate; salts, esters, and other derivative substances; cocaine and its salts; 
2922 14 000 0 dextropropoxiphene (INN) and it salts 
2922 31 000 0 amphepramone (INN), met аdone (INN), and normetadone (INN); 
salts of these compounds; 
2922 44 000 0 Tilidine (INN) and its salts 
2926 30 000 0 phenoproporex (INN) and its salts; metadone (INN) -an interim 
product (4-cyano-2-dimethylamino-4.4-diphenylbutane); 
2933 33 000 0 alfentanil (INN), anileridine (INN), bezitramide (INN), 
bromazepam (INN), diphenoxine (INN), diphenoxilate (INN), 
dipipanone (INN), fentanyl (INN), ketobemidone (INN), methylphenidate (INN), pentazocine (INN), pethidine (INN), 
pethidine (INN) - an interim A product, phencyclidine (INN) 
(PCP), phenoperidine (INN), pipradrol (INN), piritramide (INN),  propirame (INN), and trimeperid ine (INN); salts of these 
compounds; 
2933 11 100 0 propiphenazone (INN) 
2915 24 000 0 acetic anhydride 
2922 43 000 0 anthranyl acid and its salts 
2914 11 000 0 Acetone 
2924 29 others: (acetylanthranyl acid) 
2924 29 100 0 lidocaine (INN) 
2924 29 300 0 paracetamol (INN) 
2932 91 000 0 Isosafrole 
2939 63 000 0 lysergic acid and its salts Ministry of Health Additional documents: 
 
- Opinion of appropriate authorities of the interior 
about the possibility of storing narcotic and psychotropic substances in the facilities for 
implementation of the proposed activity; 
- Statement from authorities of the interior about 
clean record of persons having access to narcotic 
and psychotropic substances; 
- Statement from the narcology service with regard 
to persons having access to narcotic and 
psychotropic substances; 
- Order of the head of the institution about 
appointment of persons ha ving access to narcotic 
and psychotropic substances; 
- Copies of diplomas of persons having access to 
narcotic and psychotropic substances; and 
- In case of proposed cultivation of drug-containing 
plants for scientific purposes as well as 
development of new narcotic and psychotropic 
substances a positive expert report from the Academy of Sciences of th e Republic of Tajikistan 
about expedience of conducting that particular 
activity is required.  
  WT/ACC/SPEC/TJK/4 
Page 82 Code Description Issuing Authority Licensing Procedure 
2932 92 000 0 1-(1.3-benzodioxole-5-il) propane-2-on 
2914 12 000 0 butanone (methyl ethyl ketone) 
2933 32 000 0 piperidine and its salts 
2932 93 000 0 Piperonal 
2841 61 000 0 potassium permanganate 
2939 42 000 0 pseudoephedrine (INN) and its salts 
2932 94 000 0 Safrole 
2807 00 100 0 sulphuric acid 
2806 10 100 0 hydrogen chloride (hydrochloric acid) 
2902 30 Toluol 
2916 34 000 0 phenylacetic acid and its salts 
2914 31 000 0 phenylaceton e (phenylpropane-2-on) 
2939 41 000 0 ephedrine and its salts 
2939 61 000 0 ergometrine (INN) and its salts 
2939 62 000 0 ergotamine (INN) and its salts 
2909 11 000 0 Diethyl ether   
 
 
 
  WT/ACC/SPEC/TJK/4 
 Page 83 
 
 
  Table 7:  Excise Rates effective 1 May 2003  
 
Merchandise Codes in 
Accordance with 
Merchandise 
Nomenclature for 
Euroasian Economic 
Community (EurAzES) 
Foreign Economic 
Activities Merchandise Excise Rate in % of Value 
or in Euro per Product Unit 
GROUP 22 
220300 Malt beer Euro 0.05 per litre 
2204 Grape wines, natural wines, including fortified; 
stum, except for mentioned in merchandise position 2009; 
Except for: Euro 0.07 per litre 
2204 10 110 0  Champagne Euro 0.50 per litre 
2204 10 190 0 Other champagne Euro 0.50 per litre 
2204 10 910 0  Asti Spumante Euro 0.20 per litre 
2204 10 990 0 Other Euro 0.20 per litre 
2205 Vermouths and natural grapes wines, other 
wines with addition of vegetable and aromatic extracts; Euro 0.07 per litre 
2207 Ethyl non-denatured alcohol with alcohol 
concentration of no less than 80%; ethyl 
alcohol and other denatured alcohols of any concentration; Euro 0.50 per litre 
2208 Ethyl non-denatured alcohol with alcohol 
concentration of no less than 80%; alcohol liqueurs, liqueurs, and other alcoholic drinks; 
Except for: Euro 0.30 per litre 
220820120 0 Cognac Euro 1.20 per litre 
220860 Vodka Euro 0.56 per litre 
220890 Others: Euro 0.56 per litre 
 Tajik vodka "Arak"  
GROUP 24 
2401 Tobacco raw materi als and tobacco waste; 
Except for:  0 
From 2401 Tobacco raw mate rials and fermented tobacco 
waste; Euro 0.09 per kg 
2402 Cigars, cigars with cut ends, cigarillos (thin 
cigars), and cigarettes from tobacco or its 
substitutes; Euro 0.60 per 1,000 pieces 
240220 Filter-tipped cigarettes containing  tobacco; Euro 0.75 per 1,000 pieces 
240220 Cigarettes without filter containing  tobacco; Euro 0.34 per 1,000 pieces 
2403 Other industrially produced tobacco, 
"homogenized" or "restored"; tobacco extracts 
and essence; 10% 
GROUP 27 
270900 Raw oil and raw oil products generated from 
bituminous minerals: 0 
2710 Oil and raw oil materials generated from 
bituminous minerals, excluding raw materials; 
products not named anywhere containing 70% or oil products generated from bituminous 
minerals, which are the main compounds: 
Except for: Euro 40 per ton WT/ACC/SPEC/TJK/4 
Page 84  
 
  Merchandise Codes in 
Accordance with 
Merchandise 
Nomenclature for 
Euroasian Economic 
Community (EurAzES) 
Foreign Economic 
Activities Merchandise Excise Rate in % of Value 
or in Euro per Product Unit 
 Motor gasoline:  
2710 11 310 0 aviation gasoline Euro 50 per 1,000 litres 
2710 11 410 0 with octane level lower than 95 Euro 50 per 1,000 litres 
2710 11 450 0 with octane level 95 or higher, but no higher 
than 98 Euro 50 per 1,000 litres 
2710 11 490 0 with octane level 98 or higher Euro 50 per 1,000 litres 
2710 11 510 0 with octane level lower than 98 Euro 50 per 1,000 litres 
2710 11 590 0 with octane level 98 or higher Euro 50 per 1,000 litres 
2710 11 700 0 jet engine fuel Euro 50 per 1,000 litres 
2710 11 900 0 light distillates other Euro 50 per 1,000 litres 
 Medium distillates: 
Kerosene:  
2710 19 210 0 jet engine fuel Euro 20 per 1,000 kilos 
2710 19 250 0 Other Euro 20 per 1,000 kilos 
2710 19 290 0 Others Euro 20 per 1,000 kilos 
 Heavy distillates: 
Gas-oil (diesel fuel):  
2710 19 310 0 For specific processing processes Euro 6.6 per 1,000 kilos 
2710 19 350 0 For chemical transformation in processes 
except for mentioned in 2710 19 310 0 Euro 6.6 per 1,000 kilos 
2710 19 410 0 With sulphur content of no more than 0.05% Euro 6.6 per 1,000 kilos 
2710 19 450 0 With sulphur content of more than 0.05% and 
no more than 0.2% Euro 6.6 per 1,000 kilos 
2710 19 490 0 With sulphur content of more than 0.2% Euro 6.6 per 1,000 kilos 
 Liquid fuels (black oil fuel):  
2710 19 510 0 For specific processing processes 0 
2710 19 550 0 For chemical conversion in processes, except 
for mentioned in  2710 19 510 0 0 
2710 19 610 0 With sulphur content of no more than 1% 0 
2710 19 630 0 With sulphur content of more than 1% but no 
more than 2% 0 
2710 19 650 0 With sulphur content of more than 2% but no 
more than 2.8% 0 
2710 19 690 0 With sulphur content of more than 2.8% 0 
GROUP 40 - RUBBER AND GOODS 
4011 Tires, pneumatic rubber, new: 
 Except for: 10% 
401130 For use in aviation 0 
401140 For motorcycles 0 
401150 000 0 For bicycles 0 
 Others with protector with herring-bone pattern 
or analogous protectors; 0 
401199 000 0 Other: 0 
4012 Tires, pneumatic rubber new, restored or used; 
tires, solid or semi-pneumatic; interchangeable 
tire protectors and rubber rim strips; Except for: 10%  WT/ACC/SPEC/TJK/4 
 Page 85 
 
 
  Merchandise Codes in 
Accordance with 
Merchandise 
Nomenclature for 
Euroasian Economic 
Community (EurAzES) 
Foreign Economic 
Activities Merchandise Excise Rate in % of Value 
or in Euro per Product Unit 
 Pneumatic rubber tires restored on the territory 
of the Republic of Tajikistan 5% 
401213100 0 For civil aviation 0 
401220100 0 For civil aviation 0 
GROUP 87 
8703 Cars and other motor transport vehicles to 
carry passengers (except for vehicles mentioned in merchandise position 8702), 
including cargo-passenger vans and racing 
cars. 10% 
Notes:  
1. Goods classification is given in accordance with  Merchandise Nomenclature for Euroasian Economic 
Community (EurAzES) Foreign Economic Activities. 
2. Excise calculated in Euro is paid in national currency on the exchange rate of the National bank of 
Tajikistan on the day of receipt of cargo customs declaration or release of goods.  
  WT/ACC/SPEC/TJK/4 
Page 86 Table 8:  Non-tariff Measures Applied on Importation of Goods to Tajikistan  
 
CC FEA Commodity description Type of measure Res ponsible authorities Legislation WTO justification 
01, 02, 03, 
04, 05, 15 Live animals, animal  products, foodstuff Veterinary certificate 
 Department of State Veterinary 
Control, Ministry of Agriculture Law No. 73 "On Ve terinary" of 
8 December 2003  Agreement on the Application 
of Sanitary and Phytosanitary 
Measures. 
13, 16 Foodstuff, food additives, raw produce, as 
well as their contacti ng materials, products 
and production technology  Certificate  Ministry of Heal th  Law No. 49 "On Sanitary-
Epidemiological Security of 
Population" of 8 December 2003  Protection of human health 
(GATT 1947, Article XX). 
 Foodstuff, materials and products imported to 
Tajikistan for the first time State registration Ministry of Heal th and Ministry 
of Agriculture Law of the Republic of Tajikistan 
on Quality and Security of 
Foodstuff Protection of human health 
(GATT 1947, Article XX). 
06, 07, 08, 09, 10, 11, 
12, 14, 15 Vegetable products Import Quarantine 
Permission 
(IQP), Phytosanitary 
certificate State Inspection on Plant 
Quarantine of the Ministry of 
Agriculture Law No. 25" On Plant Quarantine" 
of 12 May 2001 Agreement on the Application 
of Sanitary and Phytosanitary 
Measures; Plant protection 
(GATT  1947, Article XX). 
2939  Import of narcotic and psychotropic 
substances and precursors Non-Automatic 
Licence Ministry of Health  Law No. 37"On Licensing of 
Separate Types of Activities",  
Regulation No. 172 of 3 April 2007 Protection of human health 
(GATT 1947, Article XX). 
2203, 2204,  2205, 2206, 
2207, 
2208 Import of alcohol and ethyl alcohol Non-Automatic 
Licence /quota Ministry of Energy and Industry Regulation No. 172 of 3 April 2007 Protection of human health 
(GATT 1947, Article XX). 
30  Importation of medical goods 
 Automatic Licence  Ministry of Health  Regulati on No. 172 of 3 April 2007 Protection of human health 
(GATT 1947, Article XX). 
28 Importation of po isonous substances, 
chemical agents for protection of plants, 
mineral, non-organic and organic fertilizer, 
ozone-harmful substances Permission State Committee on Ecology 
and Forestry Protection  Law of the Republic of Tajikistan 
"On Protection of Nature" Protection of human and plant 
health 
(GATT 1947, Article XX). 
85 Import of radio-electronic facilities and high-
frequency devices 
 Permission Ministry of Communication Resolution No. 371 of the Council 
of Ministers of the Republic of 
Tajikistan of 1 August 1994  Protection of national security 
(GATT 1947, Article XXI). 
2844, 
28401 Import of uranium and other radioactive 
chemical elements and radioactive isotopes 
(including the fissile or fertile chemical 
elements and isotopes)  and their compounds; 
mixtures and residues containing these 
products. Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997  Protection of national security 
GATT 1947, Article XXI. 
3601-3604 Import of powders, explosives and their 
waste Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI.  
   WT/ACC/SPEC/TJK/4
 Page 87CC FEA Commodity description Type of measure Res ponsible authorities Legislation WTO justification 
8710, 8802, 
8803, 8804, 
8805  Importation of armament and military 
equipment, their compounds for production, 
works and services in the field of military-
technical cooperation Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
4901, 4905, 4906 Importation of norm ative-technical 
documentation to the products of military 
purposes (construction and operational) Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
9301 9307 Importation of official and civil weapons Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
6201-6208, 
6214, 3217 Importation of military clothing and their 
accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
4015, 4016, 6210 Import of means of protection from military 
chemical gases, its parts and accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
8471, 8473, 8548 Import of cryptographic devices (including 
cryptographic machines, its parts and 
accessories), normative-technical 
documentation to cryptographic devices Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national security 
GATT 1947, Article XXI. 
  
  WT/ACC/SPEC/TJK/4 
Page 88 Table 9:  Non-tariff Measures Applied on Exportation of G oods from Tajikistan  
 
CC FEA Commodity Description Type of Measure Responsible Authority Legislation WTO Justification 
01, 02, 03, 04, 
05, 15 Live animals, animal products, 
foodstuff Veterinary 
certificate Department of State 
Veterinary Control of the Ministry of Agriculture Law No. 73 of the Republic of 
Tajikistan on Veterinary of 8 December 2003 Agreement on the Application 
of Sanitary and Phytosanitary Measures. 
06, 07, 08, 09, 
10, 11, 12, 14, 
15 Vegetable products Import Quarantine 
Permission (IQP), 
Phytosanitary certificate State Inspection on Plant 
Quarantine of the Ministry of 
Agriculture Law No. 25 of the Republic of 
Tajikistan on Plant Quarantine 
of 12 May 2001 Agreement on the Application 
of Sanitary and Phytosanitary 
Measures. Plant protection (Article XX 
GATT). 
2939 Narcotic and psychotropic 
substances and precursors Government 
permission Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of Tajikistan of 19 February 1997 Article XX(b) of GATT. 
2203, 2204, 
2205, 2206, 
2207, 2208 Alcohol and ethyl alcohol Licen ce SUE "Khurokvori", Ministry 
of Agriculture of the Republic 
of Tajikistan Resolution No. 337 of the 
Government of the Republic of 
Tajikistan of 1 September 2005 Article XX(b) of GATT. 
30 Exportation of medical goods Licence Ministry of Health of the 
Republic of Tajikistan Resolution No. 337 of the 
Government of the Republic of 
Tajikistan of 
1 September 2005 Article XX(b) of GATT. 
74, 75, 76, 78, 
79, 80 Ferrous and nonferrous scrap Licence Ministry of Energy and 
Industry  Resolution No. 172 of the 
Republic of Tajikistan of 3 April 2007 Article XX(d) of GATT. 
 Cultural valuables Certificate Ministry of Culture of the 
Republic of Tajikistan Law of the Republic of 
Tajikistan on Import and 
Export of Cultural Valuables Protection of national treasures 
of  artistic, historical and 
archaeological value, GATT Article XX. 
 Work of art, Articles  of 
collection and antiquaries of  
significant art, historical, scientific or cultural value Government 
resolution Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of national treasures 
of  artistic, historical and 
archaeological value, GATT Article XX. 
28 Exportation of poisonous 
substances, chemical agents for 
protection of plants, mineral, non-organic and organic 
fertilizer, ozone-harmful 
substances Permission State Committee of Ecologic 
and Forestry Protection of the 
Republic of Tajikistan Law of the Republic of 
Tajikistan on Protection of 
Nature Article XX(b) of GATT.  
   WT/ACC/SPEC/TJK/4
 Page 89CC FEA Commodity Description Type of Measure Responsible Authority Legislation WTO Justification 
 Hunting trophies Permission State Committee of Ecologic 
and Forestry Protection of the 
Republic of Tajikistan Law of the Republic of 
Tajikistan on Protection of 
Nature Article XX(b) of GATT. 
93 Trade in arms and main parts of 
firearms; 
Trade in ammunition Licence Ministry of In ternal Affairs of 
the Republic of Tajikistan Resolution No. 337 of the 
Government of the Republic of 
Tajikistan of 
1 September 2005 Article XXI of GATT. 
 Export of civil arms by physical 
persons Permission Internal affairs bodies of the 
Republic of Tajikistan  Article XXI of GATT. 
 Export of monetary valuables Permission Authorized Bank of Tajikistan   
2844, 8401 Export  of uranium and other 
radioactive chemical elements 
and radioactive isotopes (including the fissile or fertile 
chemical elements and isotopes) 
and their compounds; mixtures and residues containing these 
products. Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
3601-3604 Export of powders, explosives 
and their waste Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
8710, 8802, 
8803, 8804, 8805, except 
for civil use 
9301, 9307 Exportation of armament and 
military equipment, their compounds for production, 
works and services in the field of 
military-technical cooperation Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of Tajikistan of 19 February 1997 Article XXI of GATT. 
4901, 4905, 
4906 Exportation of normative-
technical documentation to the 
products of military purposes 
(construction and operational) Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
9301 Exportation of official and civil 
weapons Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
6201-6208, 
6214, 3217 Exportation of military clothing 
and their accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of Tajikistan of 19 February 1997 Article XXI of GATT.  
  WT/ACC/SPEC/TJK/4 
Page 90 CC FEA Commodity Description Type of Measure Responsible Authority Legislation WTO Justification 
4015, 4016, 
6210 Export of means of protection 
from military chemical gases, its 
parts and accessories Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Article XXI of GATT. 
8471, 8473, 
8548 Export of cryptographic devices 
(including cryptographic 
machines, its parts and 
accessories), normative-technical documentation to cryptographic 
devices Government 
Decision Government of the Republic of 
Tajikistan Resolution No. 111 of the 
Government of the Republic of 
Tajikistan of 19 February 1997 Protection of National Security 
(GATT 1947, Article XX). 
 
  WT/ACC/SPEC/TJK/4 
 Page 91 
 
 
  Table 13:  Fees for Intellectual Property Protection  
 
(a)  Fees for Patenting Inventions  
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing a patent application 0.2 50 
Amendments on the volition of the applicant  0.1 10 
Examination of an application as to substance 1.0 410 
(a reduction of the fee by 
20 and 50% is provided) 
Changes in invention formula on the volition 
of the applicant 0.2 80 
Publication of the application 0.8  200 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal as a result of 
examination as to form 0.3 60 
- against a decision of refusal as a result of 
examination as to substance 0.8 400 
Grant of a patent 0.8 200 
Registration of a licence agreement 3.8 60 
 
(b)  Fees for the Maintenance of a Patent for Invention  
 
Years For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
3-4 0.2 50 
5-6 0.3 80 
7-8 0.4 100 
9-10 0.5 150 
11-12 0.9 230 
13-14 1.2 300 
15-16 1.5 400 
17-18 1.5 400 
19-20 2.0 500 
 
(c)  Fees for Patenting Utility Models  
 
Actions for which fees are charged For nationals of 
Tajikistan 
(in minimum salary) For foreign persons, US$ 
Filing a utility model application 0.1 30 
Amendments on the volition of the applicant 0.1 10 
Publication of the application 0.8 200 
Grant of a certificate for a utility model 0.8 200 
Registration of a licence agreement 3.8 60 
 
(d)  Fees for the Maintenance of a Certificate of the Registration of a Utility Model  
 
Years For nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
1-2 0.1 30 
3 0.2 50 
4-5 0.3 80 
 WT/ACC/SPEC/TJK/4 
Page 92  
 
  (e)  Fees for Patenting of an Industrial Design
 
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing a patent application 0.2 30 
Amendments on the volition of the applicant 0.1 20 
Examination of an application as to substance  0.4 210 
(a reduction of the fee by 20 and 50% is provided) 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal as a result of 
examination as to form 0.3 60 
- against a decision of refusal as a result of 
examination as to substance 0.8 400 
Grant of a patent for an industrial design 0.4 200 
Registration of a licence agreement  3.8 60 
 
(f)  Fees for the Maintenance of a Patent for an Industrial Design  
 
Years For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
3-4 0.2 50 
5-6 0.3 80 
7-8 0.4 100 
9-10 0.6 150 
 
(g)  Fees for Renewal of a Patent for an Industrial Design  
 
Years For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
1-2 0.6 150 
3-5 0.8 200 
 
(h)  Fees for the Registration of a Trademark and Service Mark  
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing application for registration 1.0 160 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal to accept an 
application 0.6 100 
- against a decision of refusal to register a 
trademark 1.6 350 
- against the registration of a trademark 3.2 650 
- registration of a trademark 1.6 250 
Entry of amendments in the State Register 0.4 60 
Registration of a licence agreement 7.6  120 
Registration of an agreement on assignment of 
a certificate 12.6 100 
Renewal of the registration 3.2 500 
  WT/ACC/SPEC/TJK/4 
 Page 93 
 
 
  (i)  Fees for The Registration of an Appellation of Origin and Grant the Right to use them  
 
Actions for which Fees are Charged For Nationals of Tajikistan 
(in Minimum Salary) For Foreign Persons, US$ 
Filing application for gran t of a certificate 0.8 110 
Lodging an appeal before  the Appeal Board:   
- against a decision of refusal as a result of 
examination as to form 0.6 100 
- against a decision of refusal to register an 
appellation of origin and grant the right to 
use them  1.6 350 
- against a registration of an appellation of 
origin and grant the right to use them 3.2 650 
Grant of a certificate of the right to use an 
appellation of origin 1.6 250 
Entry of amendments in the State Registry 0.4 60 
Renewal of a certificate of the right to use an 
appellation of origin 3.2 500 
 
(j)  Copyright Fees Related to the Official Regi stration of Literature, Science and Arts Works  
 
Types of Works For Nationals of Tajikistan 
(in Somoni) For Foreign Nationals US$ 
Fiction, scientific-technical and political 
literature, textbooks, etc. 3-9 50 
Musical compositions in notation form 4-12 70 
Graphics 4-12 100 
Calendars, crosswords, etc. 2-6 50 
Audiovisual works 4-12 70 
Software and database 5-15 100 
 
 
__________