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legislative acts are available from this sourceLaw of the Azerbaijan Republic
15/11/1995 Decree n. 247
Cabinet of Ministers of the Azerbaijan Republic
On liberalisation of foreign trade in the Azerbaijan
Republic
DECREE No 247
According to Decree of the President of the Azerbaijan Republic No 125
dated 5 April, 1994 «On liberalisation of foreign trade in the Azerbaijan
Republic», in order to further develop economic reforms, improvement
of efficiency of foreign trade and economic relations, liberalisation of
activity of physical persons and legal entities (residents) in sale of
products abroad Cabinet of Ministers of the Azerbaijan Republic takes decision:
1) To take into account that beginning from 1st November, 1995 licensing
and quoting export operations has been cancelled.
2) To approve Regulations on organisation of foreign trade in the Azerbaijan
Republic (Supplement No 1).
3) State Commission on control over economic operations in the Azerbaijan
Republic will be involved in only terms of payment and export prices for
strategic commodities.
4) With the objective of export and import operations of Ministry of
Foreign Economic Relations and custom authorities shall approve shortened
list of documents required for application (Supplements 2, 3).
5) To approve list of specific commodities (works and services) which
could be exported and imported by consent of the Cabinet of Ministers of
the Azerbaijan Republic (Supplements 4, 5).
6) To take into account that ultimate term for consideration of agreements
on export of strategic commodities by the State Commission on control over
foreign-economic relations is one month, as per other commodities - ultimate
term for consideration of agreements in the Ministry of Foreign Economic
Relations - 15 days. If within specified term no negative estimate has
been made as per specific agreement, such agreement will be automatically
registered.
7) Every month, not later than on 15th day of the month following the
report month State Custom Committee shall present information in an established
form concerning all export-import operations to the Cabinet of Ministers
of the Azerbaijan Republic, Ministry of Foreign Economic Relations, Main
State Tax Inspection, State Committee on Statistics and to the National
Bank of the Azerbaijan Republic.
8) Ministry of Economics, Ministry of Finances, Ministry of Foreign
Economic Relations, Ministry of Materials Resources, Main State Tax Inspection
together with National Bank within 15 days shall prepare and submit to
the Cabinet of Ministers proposals concerning procedure of sale of domestic
products at commodity exchanges of the Republic.
9) To regard Decree of the Cabinet of Ministers of the Azerbaijan Republic
No 222 dated 2 June, 1994 «On organisation of foreign trade in the
Azerbaijan Republic» null and void.
Prime Minister
F. Guliyev
APPROVED
By Decree of the Cabinet of Ministers of the Azerbaijan Republic
No 247 dated 15 November, 1995
Supplement No 1
REGULATIONS
on organisation of foreign trade in the Azerbaijan
Republic
The present regulations in line with existing legislation determines
procedure of organisation of foreign trade and implementation of export
and import operations by all physical persons and legal entities irrespective
of form of property (hereinafter - residents).
I. Kinds and procedure of export operations
1. Export of commodities purchased at commodity exchanges
1.1. Residents may sell commodities of own production at commodity
exchanges. All commodities, irrespective of their kind may be sold and
bought by residents at commodity exchanges and be exported.
1.2. To export commodities and products purchased at commodity exchanges,
irrespective of their kind, certificates issued by the commodity exchange
must be presented to the custom authorities.
2. Export on credit
2.1. Export on credit means operations on export of commodities when
their cost is paid after the export of commodities (works, services) on
specific terms and within specified period.
2.2. Export of commodities (works, services) on credit is carried out
on consent of the Cabinet of Ministers of the Azerbaijan Republic, with
registration (declaring) in custom bodies.
2.3. Export of strategic commodities on credit is not permitted.
3. Re-export
3.1. Re-export means repeated export of commodities of foreign origin
abroad without their processing, after they have been delivered to the
Republican custom territory.
3.2. In accordance with obligations under the intergovernmental agreements
of the Azerbaijan Republic, whenever consent of authorised governmental
bodies of the countries of destination concerning agreements on re-export
operations is required, re-export of commodities is carried out with expertise
and registration of agreements in the Ministry of Foreign Economic Relations
and if it is not necessary - declaring them with custom authorities.
4. Export in the form of consignation
4.1. Export in the form of consignation is export of commodities if
the sale is envisaged within specific term, outside the Republic, based
on agreements concluded with foreign residents.
4.2. Term allotted for consignation trade is up to 180 days, beginning
from the day of declaring the commodities with custom authorities. Money
received from sale of commodities not later than 10 days after the sale
of commodities shall be transferred to the exporter' bank account. If the
commodities have not been sold within specified term they should be returned
to the country within 30 days.
4.3. Export of commodities in the form of consignation shall be accomplished
at consent of the Cabinet of Ministers with obligatory declaring with custom
authorities.
4.4. If within the term specified in the paragraph 4.2 of the present
Article the money have not been transferred and commodities have not been
returned, cost of non-transferred money and non-returned commodities will
be regarded as concealed profit, and residents-consignors will be responsible
in accordance with existing legislation of the Azerbaijan Republic.
4.5. Export of strategic commodities in the form of consignation is
not permitted.
5. Barter trade
5.1. Barter trade means exchange of commodities (works and services)
on equivalent sum, without payment of cost.
5.2. Term of delivery and reception of commodities on equivalent sum
in barter operations is established up to 90 days. If exchange of commodities
on equivalent sum has not been completed within specified term, settlements
will be done within 10 banking days, in a currency specified in the agreement.
5.3. Custom authorities send to authorised banks one copy for each
of custom declarations for commodities shipped and delivered as per barter
operations.
5.4. Agreements envisaging export of strategic commodities by means
of barter by all residents are controlled by paragraph 3 of the Decree
approving the present Regulations.
Export of other commodities by means of barter will be done by state
enterprises after concluded agreements pass expertise and registration
in the Ministry of Foreign Economic Relations, as per private residents
- with declaring in custom bodies.
5.5. Whenever commodities on equivalent sum have not been delivered
within the term specified in paragraph 2 of the present Article and mutual
settlements have not been done, cost of non-delivered commodity will be
regarded as concealed profit, and residents-exporters will be responsible
in accordance with existing legislation of the Azerbaijan Republic.
6. Co-operative operations
6.1. Co-operative operations are operations on temporary export or
import of semi-finished products and raw materials with one or another
objective (processing, finishing, packaging, etc.).
6.2. Agreements concluded by all residents and envisaging export of
strategic commodities by means of co-operative operations are subject to
provisions of paragraph 3 of Decree approving the present Regulations.
Agreements envisaging export of other commodities will be implemented
by state enterprises with registration in the Ministry of Foreign Economic
Relations, as per private residents - declaring with custom bodies.
7. Based on compensation
7.1. To reimburse cost of equipment bought based on compensation principle,
or cost of works on establishment of new production or reconstruction of
exiting production, or services rendered with these objectives, commodities
produced by said enterprises are exported with declaring in custom bodies.
7.2. Contracts envisaging export of strategic commodities based on
compensation principle are subject to provisions of paragraph 3 of the
Decree approving the present Regulations.
8. Temporary export
8.1. Implementation of services and work in foreign countries by residents
of the Republic, export of commodities, machines and mechanisms for demonstration
at exhibitions and fairs shall be done by permission of the Cabinet of
Ministers of the Azerbaijan Republic, with obligatory declaring thereof
with custom authorities.
8.2. Machines and mechanisms shipped for rendering services or implementation
of works based on concluded agreements must be returned to the Azerbaijan
Republic not later than 30 days after accomplishment of works (rendering
services); said technical means might be sold in this countries by consent
of the Cabinet of Ministers of the Azerbaijan Republic. Hard currency obtained
as a result of sale must be transferred within 10 days to the authorised
banks of resident in the Azerbaijan Republic.
8.3. Commodities shipped abroad for participation in international
exhibitions and fairs should be returned to Azerbaijan Republic within
30 days after the end of exhibition or, according to Decrees of the Cabinet
of Ministers of the Azerbaijan Republic concerning participation in said
exhibitions and fairs, should be sold and resulted hard currency within
10 days transferred to the authorised banks of resident in the Azerbaijan
Republic.
9. Frontier trade
9.1. Residents might carry out frontier trade in accordance with regulations
approved by the cabinet of Ministers of the Azerbaijan Republic, in allotted
zones.
9.2. Export of strategic commodities within the limits of frontier
trade is not permitted.
10. Sale of commodities produced in the Republic abroad
10.1. Agreements envisaging sale of strategic commodities to foreign
countries by all residents are governed by provisions of paragraph 3 of
Decree approving the present Regulations.
10.2. Agreements concluded by state enterprises and envisaging sale
of non-strategic commodities abroad, before commodity exchanges will begin
functioning in full volume, as a temporary measures will be implemented
with passing expertise and registration in the Ministry of Foreign Economic
Relations, and agreements concluded by private residents - declaring in
custom bodies.
II. Regulations on carrying out import operations
11. Import at the expense of state budget and credits
11.1. Agreements on import operations financed at the expense of state
budget and foreign credits secured by the government are implemented after
passing the expertise in the Ministry of Foreign Economic relations and
approval by the Cabinet of Ministers of the Azerbaijan Republic.
11.2. Implementation of import operations at the expense of state resources
shall be done on tender basis, choosing the most profitable proposal from
at least three foreign companies.
12. Import based on deliveries of raw materials of the client
12.1. Import of raw material of the client based on concluded contracts
is carried out with declaring in custom bodies.
12.2. Non-strategic commodities produced by processing raw materials
delivered by the client may be exported with declaring in custom bodies,
strategic commodities produced by processing raw materials of the client
and being final product may be exported outside the Azerbaijan Republic
for their sale abroad after respective import contracts pass expertise
and registration in the Ministry of Foreign Economic Relations.
13. Import in the form of consignation
13.1. Import of the commodities in the form of consignation under agreements
concluded with foreign companies will be done with declaring in custom
bodies. In said contracts prices for commodities and terms of payment should
be specified.
13.2. Residents importing commodities in the form of consignation may
make settlements with consignors by way of purchase of hard currency at
exchanges, and commodities at commodity exchanges and other economic subjects
on cash (manats) obtained from sale of said commodities.
14. Import at the expense of residents' own resources
14.1. Agreements on import operations concluded by residents at the
expense of their own resources (excluding commodities specified in Supplements
4, 5) shall be implemented with declaring in custom bodies.
14.2. Import of commodities listed in Supplement 4 and 5 (including
consignation import) shall be done by approval of the Cabinet of Ministers
of the Azerbaijan Republic, with declaring in custom bodies.
III. Export-import of commodities based on intergovernmental agreements
Export-import operations envisaged by intergovernmental agreements
shall be done in accordance with decrees and orders of the Cabinet of Ministers
of the Azerbaijan Republic, with declaring in custom bodies.
IV. Procedure of settlements in foreign trade Settlements in foreign
trade shall be done as follows:
15. Settlements in export
15.1. Export on commodities (works and services) is carried out only
by way of in advance payment or by opening irrevocable letter of credit.
15.2. State Custom Committee of the Azerbaijan Republic issues permit
for export from the Republic of commodities sold by residents only if authorised
bank confirmed (by seal or stamp) payment of their cost or opening of letter
of credit.
15.3. As an exception the Cabinet of Ministers may permit payment of
cost of commodity shipped by the Republican organisation with creditor
debt to the organisation-buyer, only on a currency specified in the agreement.
16. Settlements in import
16.1. State enterprises are not allowed to pay in advance cost of commodities
bought in foreign countries and services from this countries. In such operations
letters of credits are used. With import operations advance payment may
be done in exceptional cases, by permission of the Cabinet of Ministers
of the Azerbaijan Republic.
16.2. Maximum term of delivery to the Republic of commodities paid
for in advance, by permission of the Cabinet of Ministers of the Azerbaijan
Republic is 30 days.
16.3. Control over fulfilment of said regulations is delegated to National
Bank and respective authorised banks.
V. Responsibility for violations of provisions of the present Regulations
All residents irrespective of form of property are responsible for
violation of provisions of the present Regulations in accordance with legislation
of the Azerbaijan Republic.
APPROVED
by Decree of the Cabinet of Ministers of the Azerbaijan Republic
No 247 dated 15 November, 1995
Supplement No 2
LIST
of documents to be submitted to the Ministry of Foreign Economic
Relations for carrying out export-import operations
Concerning export operations:
1) Agreement concluded between the resident of the Azerbaijan Republic
and foreign party.
2) Agreement about export of commodity concluded between the enterprise-producer
and exporter (if other company than the enterprise-producer is exporting).
3) Reference substantiating export price.
4) Certificate of origin for commodities delivered from outside the
Azerbaijan Republic.
5) When exporting commodities listed in Supplement No 4 - permit of
the Cabinet of Ministers of the Azerbaijan Republic is needed, as per commodities
listed in Supplement No 5 - consent of respective governmental bodies.
Concerning import operations:
1) Agreement concluded between the resident of the Azerbaijan Republic
and foreign party.
2) Information about source of financing of the operation.
3) When importing commodities listed in Supplement No 4 - permit of
the Cabinet of Ministers of the Azerbaijan Republic is needed, as per commodities
listed in Supplement No 5 - consent of respective governmental bodies.
4) Reference substantiating export price.
Note: Residents are responsible for trustworthiness of submitted documents
and accuracy of data therein.
APPROVED
by Decree of the Cabinet of Ministers of the Azerbaijan Republic
No 247 dated 15 November, 1995
Supplement No 3
LIST
of documents to be submitted to Custom bodies for carrying out export-import
operations
Concerning export operations:
1) Document confirming activity of economic subject as of legal entity.
2) Code of legal entity assigned by the State Committee of Statistics.
3) Concluded agreement (contract).
4) Certificate of origin of exported commodity.
5) Documents of authorised bank confirming advance payment of cost
of exported commodity or opening of letter of credit.
6) When exporting commodities listed in Supplement No 4 - permit of
the Cabinet of Ministers of the Azerbaijan Republic is needed, as per commodities
listed in Supplement No 5 - consent of respective governmental bodies.
Concerning import operations:
1) Documents confirming activity of economic subject as of legal entity.
2) Custom declaration.
3) Invoice - document indicating cost of imported commodity.
4) When importing commodities listed in Supplement No 4 - permit of
the Cabinet of Ministers of the Azerbaijan Republic is needed, as per commodities
listed in Supplement No 5 - consent of respective governmental bodies.
5) Road-transport documents.
6) Certificate of origin of imported commodity.
7) Quality Certificate.
Note. After presentation of necessary documents on export and import
operations custom authorities must register said documents and within 24
hours to provide passing of commodities.
APPROVED
by Decree of the Cabinet of Ministers of the Azerbaijan Republic No
247 dated 15 November, 1995
Supplement No 4
LIST
of commodities that may be exported and imported by permit of the
Cabinet of Ministers of the Azerbaijan Republic
Name of commodity Code according to nomenclature of foreign-economic
activity (N-FEA)
Arms and military technique, spare parts necessary for their production
8710, 8802, (excluding 11100, 8802, 121000, 8802, 20100, 8802, 30100, 8802,
40100); 8803, (excluding 8803, 10100, 8803, 20100, 8803, 30100, 8803, 90910);
3906, 00100, 9301 9302, 9305, (pertains only to military weapons); 9306,
(excluding 9306, 10000, 9306, 29100, 9306, 30910, 9306, 30930); 9013, 10100,
9013, 20000, 9013, 80000, 9014 (pertains only to commodities of military
character); 5826 (only of military character)
Gun powder, explosives, blasting supplies and pyrotechnic materials
3601 (excluding gun powder for hunting guns); 3602 - 3604
Nuclear materials, technologies, equipment and units, special non-nuclear
materials including radioactive sources 2612, 2844, 2845, 8401
Narcotics and psychotropic substances, poisons, Some kinds of
scientific-technical products and technologies, materials and equipment
used for armament and development of military technique,
Note. In order to protect and preserve valuable kinds of trees in the
Azerbaijan Republic export of timber of the following kinds of trees is
not permitted (walnut tree, chestnut tree, lime-tree, oak, beech) and articles
made thereof.
APPROVED
by Decree of the Cabinet of Ministers of the Azerbaijan Republic
No 247 dated 15 November, 1995
Supplement No 5
LIST
of commodities that may be exported and imported by permit of respective
state bodies
Name of commodity Code N-FEA State body whose consent is required
EXPORT
Wild animals, wild plants and bones of animals found during excavations
State Committee of the Azerbaijan Republic on ecology and use of nature
Raw materials produced from wild animals and wild plants for production
of medicines State Committee of the Azerbaijan Republic on ecology
and use of nature, Ministry of health of the Azerbaijan Republic, involved
ministries and agencies of the Azerbaijan Republic
Information about sources of thermal energy and deposits of mineral
raw materials located onshore and within the limits of offshore economic
zone on the territory of the Azerbaijan Republic and similar information
concerning villages State Committee of the Azerbaijan Republic on
geology and mineral resources, Ministry of economics, State Committee on
statistics
Inventions, «know-how» and results of scientific researches
Academy of Sciences of the Azerbaijan Republic, State Committee of science
and technique
Noble metals, precious stones and jewellery 7101-7118 State Concern
«Azergyzyl»
Raw leather* 4101-4111 State Concern «Tovary dlya naroda»
Articles of arts, collector' pieces, antiques 9701-9706 Ministry of
Culture of the Azerbaijan Republic
Caviar 1604 30 100 State Concern «Azerbalyg»
IMPORT
Chemicals for protection of plants 3803 Ministry of agriculture of
the Azerbaijan Republic
Medicinal preparations and accessories 30 group 9018-9022 Ministry
of health of the Azerbaijan Republic
Carrying out works, rendering services on the territory of the Azerbaijan
Republic
construction works carried out by foreign companies State Committee
on construction and architecture, State Committee on ecology and use of
nature
use, leasing of foreign transport means Azerbaijan State Railroad,
Caspian steamship company, State Concern «Azerbaijan Hava Yollari»,
State Concern «Azeravtonagliyat»
rendering international post services, international communications
Ministry of communications of the Azerbaijan Republic
1. Exporter intending to sell commodity in foreign countries submits
his official commercial proposal concerning said commodity to State Concern
«Tovary dlya naroda»/«Consumer goods» (with indication
of prices, terms of payment and shipment)
2. If Concern is satisfied with commercial proposal, it buys commodity
based on agreement.
3. If, due to some reason, Concern refuses to accept commodity within
5 days, exporter is free to sell it. In such case selling price of the
exporter shall not be less than the price which was submitted to Concern.
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