On the Program of Adjustment of the Economy of the Republic of Tajikistan Related to the Membership in the World Trade Organization
On the Program of Adjustment of the Economy of the Republic of Tajikistan Related to the Membership in the World Trade Organization
At the same time one of the important principles in the organization is the principle of transparency, which means the principle of non-legal acts, as long as he will not be published. Based on this legal systems of all civilized countries.
This principle pervades the legal system of the WTO. He suggests that, for tracking the implementation of various commitments under the WTO Agreement, Members are required to notify the new rules adopted in the field of trade or changes in these or other provisions of the existing regulation.
In addition, under Article X of GATT 1994 (Publication and Administration of Trade Regulations), Member States shall publish the laws, regulations, judicial decisions and administrative rulings of general application relating to various WTO Agreements.
No. 691
31.10.2014
D E CR E E
On the Program of Adjustment of the Economy of the Republic of Tajikistan
Related to the Membership in the World Trade Organization
In accordance with Article 14 of the Constitutional Law of the Republic of Tajikistan "On the Government of the Republic of Tajikistan" the Government of the Republic of Tajikistan on decrees:
1. Approve the Program of Adjustment of the Economy of the Republic of Tajikistan
Related to the Membership in the World Trade Organization (attached).
2. The ministries and agencies shall ensure the timely and full implementation of the Program of Adjustment of the Economy of the Republic of Tajikistan Related to the Membership in the World Trade Organization.
3. The ministries and agencies shall review the progress of implementation of the Program of Adjustment of the Economy of the Republic of Tajikistan Related to the Membership in the World Trade Organization and provide the information on the results to the Ministry of Economic Development and Trade of the Republic of Tajikistan on a quarterly basis.
4. The Ministry of Economic Development and Trade of the Republic of Tajikistan shall provide the information on the implementation of this Program to the Government of the Republic of Tajikistan every six months.
President of the Government
of the Republic Tajikistan Emomali Rahmon
PROGRAM OF ADJUSTMENT OF THE ECONOMY OF
THE REPUBLIC OF TAJIKISTAN RELATED TO THE MEMBERSHIP IN THE WORLD TRADE ORGANIZATION
1. Introduction
The World Trade Organization (WTO) was founded on 1 January 1995 and its main purpose is facilitation of international trade, promotion of equality and transparency, promotion of sustainable economic development and, on this basis, improvement the welfare of the people. Countries - WTO members perform these tasks by monitoring compliance with the requirements of multilateral agreements, including multilateral negotiations, regulation of trade in line with WTO rules, support to developing countries and a general survey of the economic policies of member countries.
The WTO agreements cover a wide range of activities and consist of general and fundamental principles for all member countries of the organization. Only these principles form the basis of the multilateral trading system of the WTO. At present, 160 countries are members of this organization, and 27 other countries have the observers status.
The Republic of Tajikistan is the 159th member of this organization and our country has achieved of this goal after the long period of negotiations. World practice shows that the accession process is very complex and that observer countries must bring their current legislation into compliance with WTO rules and that negotiation on foreign trade regime, conditions allowing market access for goods and services, commercial aspects of intellectual property rights, protection of the rights of the manufacturer and other areas must be carried out with member countries.
In order to become a of this organization, in May 2001 the Government of the Republic of Tajikistan has submitted a letter of request to the WTO Secretariat, expressing the intention to join the WTO. At the session of the WTO General Council in July 2001, the request of the Government of the Republic of Tajikistan has been considered and the Working Party for the Accession of Tajikistan was established and Tajikistan acquired the observer status.
His Excellency, the President of the Republic of Tajikistan, Esteemed Emomali Rahmon and the Government of the Republic of Tajikistan provided the necessary conditions to accelerate the accession of the Republic of Tajikistan to the WTO. Pursuant to the instructions of the President and the Government of the Republic of Tajikistan, the Ministry of Economic Development and Trade, together with concerned agencies had carried out the necessary work.
In particular, the organization and coordination of the accession process of the Republic of Tajikistan to the WTO, as well as the coordination of the activities of executive authorities in the implementation of cooperation with the WTO was assigned to the Ministry of Economic Development and Trade of the Republic of Tajikistan.
By the Resolution of the Government of the Republic of Tajikistan of 7 September 2001, the Interdepartmental Commission for the Preparation of the Accession Process of the Republic of Tajikistan to the WTO was created. Huge amount of work was carried out in order to bring the legislation of the Republic of Tajikistan in compliance with WTO rules. The country has established a stable regulatory framework that meets the requirements of international law.
Negotiations and meetings of representatives of the Republic of Tajikistan with the countries members of the WTO on accession to the WTO have been carried out in two tracks: bilateral and multilateral. In the course of nine rounds of negotiations, the representatives of the Republic of Tajikistan have answered 1300 WTO member countries’ questions and requests. In this process, the Republic of Tajikistan held 6 bilateral negotiations on market access for services and 13 bilateral negotiations on market access for goods, and subsequently signed the relevant protocols.
On December 10, 2012, the WTO General Council has considered and approved the Report of the Working Party and the documents related to the accession process of the Republic of Tajikistan to the WTO. Protocol for the accession of our country to the WTO was signed by the President and ratified by the Majlisi Oli of the Republic of Tajikistan. The Republic of Tajikistan became a full-fledged member of the World Trade Organization on March 2, 2013.
Tajikistan’s WTO membership, first and foremost actively contributes to the process of integration into the global economy, has a positive effect on the country's rating at the global level, makes it possible to take advantage of international trade, contributes to the improvement of the structure of government administration and plays an important role in the training of highly qualified specialists in the sphere of economy and international trade.
Participation of the Republic of Tajikistan in the WTO activities is one of the priority issues of the economic development of the country. Membership in this organization Tajikistan allows the implementation in the country the system of transparency, predictability, and most importantly establishing compliance with the requirements of the global trade market access, and also increases the competitiveness in the domestic market.
2. The Need for the Program
In the current environment, with the accession of the Republic of Tajikistan to the WTO, the use of the benefits of the membership in this organization, preparation of the country's economy to a healthy competition in the transition period, harmonizing its economy within the framework of the commitments of the Republic of Tajikistan, protection of the economic interests of domestic manufacturers, and progressive development of foreign economic relations are of special importance, becoming a critical factor in the development of the national economy. In these conditions, the further gradual development of the economy is also a key prerequisite for long-term economic strategy of the country, with the aim to address issues of market updates and organization of a competitive economy. In this regard, appropriate organization of interaction between the Republic of Tajikistan and the countries members of the WTO, as well as with international institutions is a current requirement.
Bringing the legislation of the Republic in compliance with the rules and regulations of the WTO, which was fully implemented the WTO accession process, is the legal basis for the membership of the Republic of Tajikistan in the WTO. The Republic of Tajikistan has performed the work related to the harmonization of legislation of the Republic with the WTO rules and removal of inconsistencies of the national legislation with the national treatment and most favored nation treatment principles.
In the process of accession to the WTO more than 100 normative legal acts related to WTO issues have been adopted.
It should be noted that in relation to Tajikistan the members of the organization did not take restrictive measures to reduce trade in agricultural products. It should be also noted that in the course of the multilateral negotiations with WTO member countries on agricultural goods, Tajikistan was able to negotiate support for the agricultural sector at the level of 8% of the GDP. During the talks, Tajikistan was able to protect priority sectors, in particular the processing of cotton and light industry, food industry and processing of other agricultural products.
3. Objective of the Program
The main objective of the Program is creating a favorable environment for the development of small and medium enterprises, attracting foreign investment, strengthening bilateral and multilateral cooperation with the WTO members and providing the advantages of the WTO membership for the business community, by taking the necessary measures to accelerate reforms in various sectors. This program is aimed at reducing unemployment through the creation of appropriate conditions for the new jobs, reducing poverty and raising living standards of the population.
The emergence of new markets for exports of goods of domestic producers, strengthening bilateral and multilateral cooperation with WTO members, active participation in the process of improving trade relations are the comparative advantages of membership in the WTO. Because of these reasons the program of adaptation of the Tajik economy to WTO requirements was developed, allowing market access to goods and services of the WTO members and ensuring fair competition for domestic and foreign producers, which emanate from the Report of the Working Party on the accession of the Republic of Tajikistan to the WTO.
This program covers a variety of sectors, and its main objective is to organize a non-discriminatory environment, transparency, equality of foreign trade operators, ensuring uniform conditions of access to the services market and prepare the best conditions for the sustainable development of the economy.
The attached Action Plan is an integral part of this program, and consists of 9 sections. In order to implement the Action Plan, which is a consequence of the commitments of the Republic of Tajikistan in the framework of the WTO, the program addresses issues of technical barriers to trade, sanitary and phytosanitary measures, services, intellectual property, sectoral measures, including measures in agriculture and industry, increasing knowledge and awareness of the wide range of entrepreneurs of the WTO and the education sector.
4. Goals of the Program
In order to eliminate the any negative effects in respect of foreign economic relations and organize effective foreign trade system, the government of the Republic of Tajikistan has adopted a policy of gradual liberalization of foreign trade and WTO accession was designated as one of the priority areas. The adoption of the Decree of the President of the Republic of Tajikistan №261 of June 27, 1995, “On the Subsequent Liberalization of Foreign trade in the Republic of Tajikistan" is considered the first step in the implementation of reforms in this area. Today, it is encouraging to note that the chosen path of the Government of the Republic of Tajikistan in the socio-economic development of the country was correct and timely.
Implementation of the Program of measures aimed at simplifying the customs administration, reducing the paperwork for import and export; reducing the amount of information for customs supervision and authorization; limiting the time for the control in road border crossings; providing supervision at road border crossings; ensuring public safety and public health, preventing smuggling; review of the system of supervisory measures at border crossings, in order to transfer the supervision and investigative work from border crossing points to inland terminals; provision of preliminary information licensing authorities and their use in making decisions about the release of goods, taking into account risk management; development of new customs tariff arising from the obligations which were accepted in the process of accession to the WTO; development and application of protective measures (anti-dumping, countervailing, safeguard measures); obtaining the status of an observer country to the Agreement on Government Procurement and submitting the request for membership; accession to the WTO Agreement on Trade in Civil Aircraft; increasing the number of reference laboratories; construction of modern laboratories that meet international requirements; providing laboratories with modern equipment; training employees using the best international experience to ensure food safety; organization of information centers for services, which are aimed at strengthening the position of the Republic of Tajikistan in the world trade.
Increased integration of the economy into the global economy and the creation of a favorable environment, ensuring appropriate participation in the distribution of international labor market and the world trade, export promotion and investment, regular participation in the development of international trade rules and the achievement of sustainable development are the main goals of foreign trade policy of the country and the basis for the formation of a global partnership for development.
5. Priorities of the Program
The priority of this program in the first place is to use the existing WTO membership privileges, to establish optimal conditions for bilateral mutually beneficial cooperation, attracting foreign investment, transparency and equity in trade and economic relations, which would lead to the improvement of the image of our country before the member countries.
With the implementation of the Action Plan of the Program, the economy may also receive the following benefits:
- Use of the most favored nation regime, which eliminates the signing separately a large number of such agreements;
- Application of the principles of free trade in the international trade in relation to the Republic of Tajikistan, which is the basis for the elimination of negative and discriminatory barriers;
- Improving the rating of the country in the international arena as a reliable partner and the development of trade relations between domestic and foreign entrepreneurs and atracting foreign investment;
- Ability to use trade information system, which creates favorable conditions for the realization of economic and trade policies;
- Use by the Republic of Tajikistan of the WTO trade and economic dispute settlement mechanism;
- Participation of the Republic of Tajikistan in the development of new international trade rules, taking into account to national interests;
- Enhancing the participation of subjects of foreign economic activity of the country at the global level.
6. Results of the Program
Practical implementation of the Program’s Action Plan will lead to the following results:
- Non-discriminatory access of domestic products to the world market;
- Creation of favorable conditions for attracting foreign investment;
- Adaptation of the legislation of the Republic of Tajikistan to the WTO rules;
- Creating conditions for improving the quality and competitiveness of domestic products with the increasing imports of foreign products, services and investment in the domestic market;
- Participation in the system of settlement of trade disputes at the international level;
- Participation in the development of international trade rules, taking into account to national interests;
- Use of a system of trade information, which creates favorable conditions for the realization of economic and trade policies.
PROGRAM OF ADJUSTMENT OF THE ECONOMY OF
THE REPUBLIC OF TAJIKISTAN RELATED TO THE MEMBERSHIP IN THE WORLD TRADE ORGANIZATION
I. Trade – General Framework
|
|
Action Item |
Responsible Authority |
Timeframe |
WTO/Other Reference |
Comment |
|
1. |
Support capacity building of the WTO Section within the Mission of the Republic of Tajikistan in Geneva |
Ministry of Economic Development and Trade, Ministry of Foreign Affairs
|
2015 |
All WTO Agreements |
To reinforce the capacity of the WTO Section within the Mission, taking into account the measures related to WTO membership, and to fully use the potential of the WTO membership, Tajikistan should actively participate in sessions of the appropriate WTO bodies and policy making activities and participate in Working Parties of the acceding countries, represented by the WTO Section within the Mission. |
|
2. |
Adopt implementing regulations for the Law on Foreign Trade Activity:
a. Decree on implementation of trade remedies (antidumping, countervailing, safeguards, balance of payments); b. Decree on a manner of exercising the trade in free trade areas and related areas where special regime of foreign trade activity applies; c. Decree on a manner of carrying out cross-border trade and trade in relevant border territories, where the special favorable regime is applied. |
Ministry of Economic Development and Trade, Ministry of Finance, National bank, Antimonopoly service
|
First half of 2015 |
Law on Foreign Trade Activity Article 34(2) Article 44(3)
Law on Foreign Trade Activity Article 52(2)
Law on Foreign Trade Activity Article 53(3) |
Appropriate regulations and bylaws should be developed
|
|
3. |
Implementation of customs valuation rules and procedures in accordance with WTO requirements |
Ministry of Economic Development and Trade |
Continuous efforts |
Working Party Report (Paragraph 146) WTO Agreement on Implementation of GATT 1947 Article VII |
|
|
4. |
Resolve issues regarding providing the Tajik exporters the MFN status (GSP+ with EU, “normal trade relations” with USA) |
Ministry of Economic Development and Trade , Ministry of Foreign Affairs, Ministry of Justice |
Continuous effort |
|
|
|
5. |
Ratification of the Convention on the Prevention and Punishment of the Crime of Genocide |
Office of the General Prosecutor, Ministry of Foreign Affairs, Ministry of Justice |
Second half of 2015 |
EU GSP+ |
|
|
6. |
Ratification of the Convention on International Trade in Endangered Species of Wild Fauna and Flora |
Committee on Environment Protection |
Second half of 2015 |
EU GSP+ |
|
|
7. |
Accession to the Hague Conference on Private International Law |
Ministry of Foreign Affairs, Ministry of Justice |
Second half of 2015 |
|
Advantages: Influence on creating of the Conference policies; Priority access to TA; Membership fee €6000/year |
|
8. |
Ratification of the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention) |
Ministry of Foreign Affairs, Ministry of Justice |
Second half of 2015 |
|
(Convention concluded 5 October 1961) Consider electronic apostille and electronic registers. The Government may want to consider the use of various electronic documents and should work implement the standard electronic procedures in this area. Based on the order of the Head of the Executive Office of the President of RT inter-ministerial commission on issues related to Convention was established
|
|
9. |
Ratification of the Hague Convention of on Choice of Court Agreements (Choice of Court Convention) |
Ministry of Justice Justice Council |
Second half of 2015 |
|
Convention adopted 30 June 2005 |
|
10. |
Improve ranking on the WB Doing Business Report |
State Committee of Investments and Management of State Property, Ministry of Economic Development and Trade |
Continuous effort |
|
ITC is the coordinator of this activity, which provides tools for assessing the impact of the regulatory framework.
|
|
11. |
Address the problem of transit through Uzbekistan |
Ministry of Economic Development and Trade Ministry of Foreign Affairs, Ministry of Transport, Ministry of Justice, State Committee for National Security Customs Service |
Continuous effort |
TIR Convention |
Use UNECE Platform to solve the problem with Uzbekistan in respect of TIR violations. Use UNECE technical assistance. |
|
12. |
Address the problem of transport/transit through Afghanistan |
Ministry of Economic Development and Trade Ministry of Foreign Affairs, Ministry of Transport, Ministry of Justice, State Committee for National Security Customs Service |
Continuous effort |
GATT Article V GATT Article VIII |
Use WTO accession of Afghanistan to raise the issue of fees transit/transport fees applicable to Tajik vehicles/persons. Violation of GATT Article V-Right to transit. Fees should be fair, reasonable and not excessive. GATT VIII-must reflect the actual costs of services rendered. |
|
13. |
Address the issue of the status of Karamik border crossing with Kirgizstan and the issue of transit of the means of transport of the Republic of Tajikistan through the territory of Republic of Kyrgyzstan |
Ministry of Economic Development and Trade Ministry of Foreign Affairs, Ministry of Transport, Ministry of Justice, Customs Service
|
Continuous effort |
GATT Article V, MFN principle |
Use the WTO, including the Dispute Settlement Body as a platform to address the problem with Kyrgyzstan relating to infringements of WTO Agreements |
|
14. |
Address the problem of access to China of vehicles registered in Tajikistan |
Ministry of Economic Development and Trade Ministry of Foreign Affairs, Ministry of Transport, Ministry of Justice, State Committee for National Security Customs Service |
Continuous effort |
WTO MFN Principle
|
Tajik registered vehicles are not permitted to enter Chinese territory. Kirgiz vehicles, on the other hand are, which is a clear case of discrimination among WTO members (MFN violation). Request consultations with China to resolve the issue with a view of bringing the case before the WTO Dispute Settlement Body (DSB). |
|
15. |
Address the problem of registration of individual entrepreneurs in Kazakhstan |
Ministry of Economic Development and Trade Ministry of Foreign Affairs,
|
Continuous effort |
WTO MFN Principle WTO National Treatment
|
Foreign natural persons, including legal residents, are prohibited to engage in private entrepreneurial activity.
The Law of the Republic of Kazakhstan on Private Entrepreneurship (No.124-III ZRK of 31 January 2006, with subsequent amendments), in Article 1, Item 3 defines individual entrepreneur as the citizen of the Republic of Kazakhstan or Kazakh national living abroad (oralman). Provision of Article 7, Paragraph 11, expressly states that it is prohibited to natural persons, with the exception of citizens of the Republic of Kazakhstan or Kazakh nationals living abroad (oralman) to engage in individual entrepreneurship.
These provisions violate basic WTO principles-MFN, national treatment and right to trade.
The WTO accession of Kazakhstan should be used to resolve the issue. |
|
16. |
Expand the state support on promotion of Tajik goods into the markets |
Ministry of Economic Development and Trade Ministry of Foreign Affairs Ministry of Industry and New Technologies, Chamber of Commerce, SUE ‘Tojikinvest’ |
Continuous effort |
|
Exhibitions, advertisement |
|
17. |
Development of operational monitoring mechanisms and early warnings of import effects on individual sectors in order to introduce protective measures |
Ministry of Economic Development and Trade Ministry of Foreign Affairs Ministry of Industry and New Technologies, Ministry of Agriculture, Ministry of Health and Social Protection, Agency Tajikstandart
|
Continuous effort |
|
|
|
18. |
Active use of prospective support programs in the context of accession of Tajikistan to the WTO |
Ministry of Economic Development and Trade Ministry of Industry and New Technologies, Ministry of Agriculture and other agencies
|
Continuous effort |
|
Support of small and medium entrepreneurship, subsidies on scientific researches and development activities, co-financing development of energy saving and ecological productions |
|
19. |
Analysis of measures regulating trade of goods and services that are used by WTO members, with whom the Republic of Tajikistan has a substantial volume of trade and has a negative effect on the access of Tajik goods and services into the markets of these countries |
Ministry of Economic Development and Trade Ministry of Foreign Affairs Ministry of Industry and New Technologies, Ministry of Agriculture and other agencies |
Continuous effort |
|
|
|
20. |
Analysis of the obligations and trade regimes of acceded WTO members in order to create more opportunities for improvement of the access of Tajik goods and services to the markets of these countries |
Ministry of Economic Development and Trade, Ministry of Foreign Affairs, Ministry of Industry and New Technologies, Ministry of Agriculture and other agencies |
Continuous effort |
|
Preparation of proposals with industry associations, including Chamber of Commerce and Industry of the Republic of Tajikistan, Association of Small and Medium Entrepreneurs and the Association of Commodity Producers of the Republic of Tajikistan |
|
21. |
Organize the work of foreign trade representative offices (with the necessary expansion of personnel and authority) on providing the necessary data for the application of anti-dumping, countervailing and safeguards measures. |
Ministry of Economic Development and Trade Ministry of Foreign Affairs |
Continuous effort |
|
|
|
22. |
Provide conditions for the reduction of interest rates on bank loans to the average level for the developing countries of the world |
National Bank, Ministry of Finance and others
|
Continuous effort |
|
|
|
23. |
Development of new customs tariffs according to obligations taken in the process of accession to the WTO |
Ministry of Economic Development and Trade Customs Service |
2015 |
|
|
|
24. |
Within the activity of the Ministry of Finance Working Group for Improvement of the Tax Code review the improvement of the preferential regime applicable to grant projects by implementation of the system of VAT collection and reimbursement. |
Ministry of Finance, Tax Committee, Other agencies |
2014-2015 |
|
|
|
25. |
Review of the visa regime, visa fees, registration fees, registration of cars for foreigners etc. |
Ministry of Foreign Affairs Ministry of Internal Affairs and other agencies. |
First half of 2015 |
|
|
|
26. |
Introduction of changes and amendments to the Law on Free Economic Zones |
Ministry of Economic Development and Trade
|
First half of 2015 |
Compliance with commitments taken by Tajikistan |
Commitments taken and recorded in the WP Report. |
II. Commitments Taken in the Course of WTO Accession (WP Report)
|
|
Action Item |
Responsible Authority |
Timeframe |
WTO/Other Reference |
Comment |
|
1. |
Provide periodic reports to WTO Members on developments in its program of privatization |
State Committee of Investment and Management of State Property Ministry of Economic Development and Trade |
Continuous efforts |
WP Report (Paragraph 46) |
Obligation taken and recorded in the WP Report. |
|
2. |
Submit ITA Schedule to ITA Committee |
Ministry of Economic Development and Trade Customs Service |
First half 2015 |
WP Report (Paragraph 97) |
|
|
3. |
Draft and adopt regulations on trade remedies (antidumping, countervailing, safeguards) and notify to WTO |
Ministry of Economic Development and Trade
|
First half 2015 |
WP Report (Paragraph 165) |
Obligation taken and recorded in the WP Report.
|
|
4. |
Become an observer to the Agreement on Government Procurement and submit an application for membership with a coverage offer |
Ministry of Economic Development and Trade Agency on Government Procurement of Goods, Works and Services |
First half 2015 |
WP Report (Paragraph 244) |
Obligation taken and recorded in the WP Report. |
|
5. |
Become a signatory to the WTO Agreement on Trade in Civil Aircraft |
Ministry of Economic Development and Trade of transport |
First half 2015 |
WP Report (Paragraph 258) |
Obligation taken and recorded in the WP Report. |
|
6. |
Establish a Government website to post the content of current and past editions of the Official Journal and keep them current |
Government of the Republic of Tajikistan |
First half 2015 |
WP Report (Paragraph 343) |
Obligation taken and recorded in the WP Report. |
|
7. |
Establish a website, updated on a regular basis and readily available to WTO Members, individuals and enterprises, dedicated to the publication of all regulations and other measures pertaining to or affecting trade in goods, services and TRIPS prior to enactment |
Ministry of Economic Development and Trade
|
First half 2015 |
WP Report (Paragraph 343) |
Obligation taken and recorded in the WP Report.
Access to accurate information is an important prerequisite for the implementation of a fair, predictable and sustainable trading system, compliant with the best international practice. |
|
8. |
Submit all the initial notifications required by any WTO Agreement - Prepare a list of notifications related to the obligations of Tajikistan and prepare practical guides with explanations, forms, and samples for all relevant ministries and departments; - Provide training on preparation for functioning of inquiry points, use WTO information resources (using notifications of other countries, application to inquiry points, coding of documents, web site, information search, etc ...). |
Ministry of Economic Development and Trade
|
First half 2015 |
WP Report (Paragraph 344) |
Obligation taken and recorded in the WP Report. |
III. Technical Barriers to Trade (TBT)
|
|
Action Item |
Responsible Authority |
Timeframe |
WTO/Other Reference |
Comment |
|
1. |
Restructuring of the Agency “Tajikstandart” according to the Strategy on development of national infrastructure quality and the Plan of activities on reform of the system of technical regulation in the Republic of Tajikistan |
Government of the Republic of Tajikistan, and other agencies |
2016-2019 |
|
The legal framework for the reform of the system of standards, technical regulations and conformity assessment is currently mostly in place. However, there are institutional deficiencies. The standards agency is currently in charge of all TBT related activities – drafting and adoption of standards and technical regulations, conformity assessment, accreditation and metrology. In addition, Tajikstandart is also in charge of market inspection border control.
The existing system and practice of combining functions such as accreditation and certification in one body definitely leads to a conflict of interest, and therefore require to be resolved.
In order to resolve the issue Tajikistan must reform the institution by dividing it into several separate agencies, which would each function independently. The reform would also include involvement of the private sector, most notably in conformity assessment activities.
Membership of the National Accreditation Body in ILAC and IAF would allow companies and laboratories of the RT to achieve international level in conformity assessment. |
|
2. |
Assessment and preparation and of the National Accreditation Body for the International Laboratory Accreditation Cooperation (ILAC) and the International accreditation Forum (IAF) membership |
Government of the Republic of Tajikistan, Authorized Body |
2015-2016 |
|
|
|
3. |
Developing and implementation of new technical regulations to replace the interim ones (mandatory standards); |
Agency Tajikstandart and other agencies |
Continuous effort |
|
Obligation taken and recorded in the WP Report. Recommendations from the UNECE study should be taken into account. |
|
4. |
Further reduction of number of goods subject to mandatory certification.
|
Ministry of Economic Development and Trade, Agency Tajikstandart |
Continuous effort |
|
Obligation taken and recorded in the WP Report. Recommendations from the UNECE study should be taken into account. |
|
5. |
Development and introduction of national standards compliant with international standards. |
Agency Tajikstandart and other agencies |
Continuous effort
|
|
Regarding ISO standards the best practice is considered to be adoption of standards without alterations. Recommendations from the UNECE study should be taken into account. |
|
6. |
Strengthening of laboratory facilities and improving equipment thereof to the level corresponding to international practice (EU and U.S.) and for compliance with established standards of quality and organization of work (GLP, ISO 9000, etc.). |
Ministry of Agriculture, Ministry of Health and Social Protection, Agency Tajikstandart and other responsible ministries and agencies |
2014-2016 |
|
Recommendations from the UNECE study should be taken into account. |
IV. Sanitary and Phytosanitary Measures (SPS)
|
|
Action Item |
Responsible Authority |
Timeframe |
WTO/Other Reference |
Comment |
|
1. |
Development and adoption of implementing regulations for the Law on Safety of Food Products: a. Development and adoption of the Government Decree on establishing and operation of the Food Safety Coordination Council;
b. Development and adoption of the Government Decree regulating planned and unplanned (without preliminary notification) inspection in accordance with the level of risk;
c. Development and adoption of the Government Decree on food safety and public health monitoring;
d. Decree on the manner of customs clearance of imported food products at border crossings |
Ministry of Health and Social Protection and the Ministry of Agriculture, Agency Tajikstandart
Ministry of Health and Social Protection and the Ministry of Agriculture Agency Tajikstandart
Ministry of Health and Social Protection and the Ministry of Agriculture
Ministry of Health and Social Protection and the Ministry of Agriculture Customs Service
|
Second half of 2014
Second half of 2014
First half of 2015
First half of 2015 |
Article 20 (3) of the Law on Safety of Food Products
Article 23 (2) of the Law on Safety of Food Products
Article 24 (2) of the Law on Safety of Food Products
Article 32 (6) of the Law on Safety of Food Products |
|
|
2. |
Reform of the food safety regime
a. Prepare a feasibility study with the view of the reform of the food safety regime;
b. Based on the results of the feasibility study, perform necessary institutional and other changes, and if proved to be feasible, establish a single food safety agency.
c. If necessary amend the Law on Safety of Food Products
|
Ministry of Economic Development and Trade, Ministry of Health and Social Protection and the Ministry of Agriculture, Agency Tajikstandart
Ministry of Health and Social Protection and the Ministry of Agriculture, agency Tajikstandart
|
Second half 2014
2015
Continuous effort
|
WTO SPS Agreement Codex Alimentarius |
Tajikistan has adopted the new, WTO compliant Food Safety Law. However, institutionally the food safety system is underdeveloped. Several agencies/ministries are responsible for various aspects of food safety. Examination laboratories are scarce and underequipped. Food safety procedures must be brought into full compliance with the provisions of the WTO SPS Agreement, Codex Alimentarius and the best international practices. Tajikistan is Codex Alimentarius member. |
|
3. |
Implementation of provisions of the Law on Safety of Food Products:
a. Increase the number of testing laboratories and improve their work;
b. Provide state of the art equipment for the new and existing testing laboratories;
c. Train the staff to implement the best international food safety practices;
d. Streamline procedures for importation of live animals and other specific food related products;
e. Development and implementation of the Food Safety Strategy;
f. Adoption and implementation of Codex Alimentarius standards. |
Ministry of Health and Social Protection and the Ministry of Agriculture, Agency Tajikstandart
Ministry of Health and Social Protection and the Ministry of Agriculture Agency Tajikstandart
Ministry of Health and Social Protection and the Ministry of Agriculture Agency Tajikstandart
Ministry of Health and Social Protection and the Ministry of Agriculture
Ministry of Health and Social Protection and the Ministry of Agriculture
Ministry of Health and Social Protection and the Ministry of Agriculture |
2014-2015
2014-2015
2014-2015
2014-2016
Continuous effort
Continuous effort |
|
|
V. Services
|
|
Action Item |
Responsible Authority |
Timeframe |
WTO/Other Reference |
Comment |
|
1. |
Establish Services Enquiry Point(s)
|
Ministry of Economic Development and Trade |
Firs half of 2015 |
GATS Article III.4 |
In accordance with Article III.4 of the Services Agreement each WTO Member must establish one or more enquiry points to provide specific information to other Members, upon request, on any of its measures of general application or international agreements within the meaning of paragraph, as well as those subject to the notification requirement in paragraph 3. |
|
2. |
Ratification of the Convention of the International Telecommunication Union (ITU) and its subsequent amendments |
Telecommunication Service, Ministry of Foreign Affairs |
2015 |
|
Ratification of the Convention of the International Telecommunication Union and the accession of the Republic of Tajikistan to the organization will improve environment for providing telecommunications services and further development of the sector. |
|
3. |
Consider the issue of restructuring of the Telecommunications service and the Committee on TV and Radio:
a. Prepare a feasibility study with the view of establishing a single agency responsible for telecommunications and broadcast;
b. If the results of the feasibility study demonstrate that it is feasible, establish a single agency responsible for telecommunications and broadcast. |
Telecommunications service, Committee on TV and Radio
Government of the Republic of Tajikistan |
2015
2015
2015
|
WTO GATS Protocol on Accession to WTO |
In accordance with the Government Regulation No. 252 of 11 may 2011 the Communication Service, which also functions as a telecommunications regulator agency, manages the Tojiktelecom, a telecommunications provider where the Government owns of 95% stock. This situation clearly shows the conflict of interests, which violates services commitments taken by Tajikistan in the course of WTO accession (Reference Paper-Annex I to Services Schedule WT/ACC/TJK/30/Add.2).
Telecommunications regulator agency must be made independent and separate from any activity in any way related to providing telecommunication services. |
|
4. |
Amend Article 17 of the Law on Licensing of Separate Types of Activities (No.37 of 17 May 2004) and the Chapter 50 of the to the Regulation on Specifics of Licensing of Separate Types of Activities (approved by the Decree of the Government of the RT No.172 of 3 April 2007) to abolish the requirement of obtaining a license for the production of audiovisual works |
Ministry of Economic Development and Trade, State Committee for Investments and Management of State Property Committee on TV and Radio |
2015 |
|
|
VI. Intellectual Property Rights
|
|
Action Item |
Responsible Authority |
Timeframe |
WTO/Other Reference |
Comment |
|
1. |
Further harmonization of the legislation of the Republic of Tajikistan with the provisions of TRIPS Agreement |
Ministry of Economic Development and Trade, Ministry of Culture, and other agencies |
2014-2016 |
|
Technical Assistance SECO/IPI |
|
2. |
Organization of enforcement of IPR Border Measures
|
Customs Service
|
Continuous effort |
|
Technical Assistance SECO/IPI |
|
3. |
Increase capacities for the implementation and use of Geographical Indications |
Ministry of Economic Development and Trade, National Patent and Information Center
|
2014-2015 |
|
Technical Assistance SECO/IPI |
|
4 |
Improve enforcement of IPRs |
Ministry of Economic Development and Trade, National Patent and Information Center, Ministry of Culture
|
Continuous effort |
|
|
|
5. |
Increase capacities of the National Patent and Information Center, Ministry of Economic Development and Trade, and the Copyright Department of the Ministry of Culture |
Ministry of Economic Development and Trade, National Patent and Information Center, Ministry of Culture
|
2014-2016 |
|
Technical Assistance SECO/IPI |
|
6. |
Increase capacities of other government bodies and their officials involved in IPR protection |
Ministry of Economic Development and Trade, Ministry of Culture, Ministry of Internal Affairs and other agencies |
Continuous effort |
|
Technical Assistance SECO/IPI |
|
7. |
Raising public awareness of the general population regarding IPRs and their protection |
Ministry of Economic Development and Trade, Ministry of Culture, Ministry of Justice, Committee on television and radio |
Continuous effort |
|
Technical Assistance SECO/IPI |
|
8. |
Consider the issue of Tajikistan’s accession to the Ministerial Declaration on relation of TRIPS Agreement and public health (Doha 2001) |
Ministry of Economic Development and Trade, Ministry of Culture. Ministry of Health and Social Protection National Patent and Information Center |
2015 |
|
In the course of consideration study the possibility of adoption of additional measures on protection of public health offered by the declaration |
VII. Sector Specific Measures
VII.1. Agriculture
|
|
Action Item |
Responsible Authority |
Timeframe |
WTO/Other Reference |
Comment |
|
1. |
Development and adoption of the State Agriculture Development Program for the period of 2015 – 2020 within the levels of direct government support for agriculture in accordance with the terms of accession of the Republic of Tajikistan to the WTO. |
Ministry of Agriculture, Ministry of Economic Development and Trade, Agency for Melioration and Irrigation, and other agencies |
2015 |
|
|
|
2. |
Support for the infrastructure development in the agricultural sector
|
Ministry of Agriculture, Ministry of Transport, Agency for Melioration and Irrigation and other agencies |
2014-2020 |
|
Modernization of the road network, land reclamation and improvement of pumping stations, development of human resources
|
|
3. |
Support domestic agricultural producers by stimulating demand in both domestic and foreign markets, also confer the powers to the Ministry of Economic Development and Trade on: - Introduction and promotion of Tajik products to foreign markets, and - Effective decision-making in the event of unfair competition from any WTO member. |
Ministry of Economic Development and Trade and other agencies |
Continous efforts |
|
Partial funding of events for the promotion of products: exhibitions, workshops, assistance in obtaining certificates. Tajikistan should consider the implementation of appropriate UNECE agricultural quality standards within framework of support to manufacturers.
|
VII.2. Industry
|
|
Action item |
Responsible authority |
Time-frame |
WTO/other references |
Comment |
|
1. |
Within the activity of the Ministry of Finance Working Group for Improvement of the Tax Code consider the possibility of introduction of tax exemption for income tax and value added tax for enterprises (businesses), substantially increasing production output. |
Ministry of Industry and New Technologies and other ministries |
2014-2015 |
|
For example, 2 times higher rate of GDP, i.e. conducting real modernization. |
|
2. |
Develop measures for reconstruction and development of the production of chlorine and caustic soda in the Republic of Tajikistan, in the framework of the National Program |
Ministry of Industry and New Technologies and other ministries and other agencies |
2015 |
|
|
|
3. |
Develop and implement measures to encourage enterprises to use advanced energy-saving and environmentally friendly technologies |
Ministry of Industry and New Technologies and other ministries and agencies |
Continous efforts |
|
|
|
4. |
Simplification of procedures and approvals for obtaining permits for the construction of new production facilities |
State Committee of Investments and Management of State Property, Ministry of Industry and New Technologies, Agency for Construction and Architecture and other agencies |
2014-2015 |
|
Improve Tajikistan’s WB Doing Business ranking and investment environment. |
|
5. |
Establishment of simplified procedures and providing preferential connectivity to utilities for small businesses and providing them with premises for organization of activities for textile and light industry manufacturing
|
State Committee of Investments and Management of State Property, Ministry of Industry and New Technologies and other agencies |
2014-2015 |
|
Improve Tajikistan’s WB Doing Business ranking and investment environment. |
|
6. |
Within the activity of the Ministry of Finance Working Group for Improvement of the Tax Code consider the exemption from the income tax of textile and light industry enterprises for 5 years, on condition that profits would be used for technical re-equipment. |
Ministry of Industry and New Technologies State Committee of Investments and Management of State Property, and other agencies |
2014-2015 |
|
Improve Tajikistan’s export potential and competitiveness of domestic products in global markets. |
|
7. |
Within the activity of the Ministry of Finance Working Group for Improvement of the Tax Code consider exemption from property tax for companies that put new equipment into operation for textile and light industry, directly used for the manufacturing of products for 5 years from the date of registration of the said property, on condition that saved funds would be used for technical re-equipment.
|
Ministry of Finance, Ministry of Industry and New Technologies State Committee of Investments and Management of State Property, and other agencies |
2014-2015 |
|
Improve Tajikistan’s export potential and competitiveness of domestic products in global markets. |
|
8. |
Consideration of providing preferential tariffs for the use of electricity in the summer, in the industrial production sector |
Ministry of Energy and Water Resources, Ministry of Finance Ministry of Economic Development and Trade, Anti-Monopoly Agency |
2014-2015 |
|
Improve Tajikistan’s export potential and competitiveness of domestic products in global markets. |
|
9. |
Consideration of providing favorable allocation of plots of land, for entrepreneurs living in remote areas of the country engaged in the production of agricultural products
|
State Committee of Land Management, Ministry of Agriculture, Ministry of Industry and New Technologies, Ministry of Economic Development and Trade
|
2014-2015 |
|
|
VIII. Improvement of WTO Public Awareness
|
|
Action item |
Responsible Authority |
Time-frame |
WTO/other references |
Comment |
|
1. |
Organize Trade and Investment Conference
|
Ministry of Economic Development and Trade Ministry of Foreign Affairs State Committee of Investments and Management of State Property |
First half of 2015 |
|
Subsequently to becoming WTO member it is advisable to organize an Investment Conference under the slogan “Tajikistan is Open for Business” which would attract potential investors who would be presented the results of WTO negotiations and possibilities of investment in Tajikistan. This would be a high level Conference, sponsored by the President of the Republic of Tajikistan. |
|
2. |
Organize media events to disseminate information and discuss WTO relevant issues:
a. Prepare and broadcast TV shows on WTO related topics; b. Organize round table discussions to discuss WTO related issues; c. Organize events to present specific WTO topics to the media (“press cafes”)
|
Ministry of Economic Development and Trade and other ministries
|
2014-2015
2014-2015
2014-2015 |
|
|
|
3. |
Raising awareness of the norms and rules of the WTO for entrepreneurs |
Ministry of Economic Development and Trade State Committee of Investments and Management of State Property |
Continous efforts |
|
Including training, production of information materials, a preliminary discussion with the business community of draft laws and other normative legal acts prepared by governmental bodies, the establishment of working groups for cooperation of the Government of the Republic of Tajikistan and (with) the business community. |
|
5. |
Create and maintain a web page "Tajikistan and the WTO" |
Ministry of Economic Development and Trade
|
Continuous effort |
All WTO Agreements |
All WTO relevant information should be available in three languages – Tajik, Russian and English. The website will also include links to other sources of necessary information, e.g. standards (ISO, EEC) Technical assitance USAID. |
IX. Education
|
|
Action item |
Responsible authority |
Time- |
WTO/other references |
Comment |
|
1. |
Review and update university curricula to include WTO and its rules
|
Ministry of Education and Science, Ministry of Economic Development and Trade
|
Continous efforts |
|
Current level of information on WTO and its rules and disciplines, even among educated people and government officials, is substandard. It is absolutely necessary to improve the education system and include WTO relevant topics in the university curricula. Ideally, special courses would be designed for the faculties of law and/or economy, which would address the issue. Lecturers in such courses would include foreign experts, including experts from WTO TA Division. Thus, over time, Tajikistan would obtain a pool of young professional ready to cope with complex WTO matters. |
|
2. |
Preparation of highly qualified specialists on international law and specialists on the WTO rules |
Ministry of Education and Science, Ministry of Economic Development and Trade |
Continous efforts |
|
|
|
3. |
Increase of qualification/ internship of public officials on disciplines in the field of trade policy and the WTO rules |
Ministry of Economic Development and Trade and other agencies |
2014-2016 |
|
64 employees from the following agencies: Ministry of Foreign Affairs ( 4), Ministry of Internal Affairs ( 2), Ministry of Justice ( 6), Ministry of Finance ( 4), Ministry of Economic Development and Trade ( 10), Ministry of Industry and New Technologies (4), Ministry of Energy and Water Resources ( 2), Ministry of Transport (2) Ministry of Agriculture ( 6), Ministry of Culture ( 4), Ministry of Health and Social Protection (2), Committee for Construction and Architecture (2), Customs service ( 4 ), Anti-Monopoly Agency (2 ), Telecommunication Service ( 2), Agency for Standardization, Certification and Market Inspection (4 ), Government Procurement Agency (2 ) |
|
4. |
Develop proposals for formation of the state program of professional and engineering training, including the following: -Increase in the share of social advertising and promotional campaigns for raising the prestige of working professions and strengthen the image of industrial enterprises, -Introduction of the compulsory career and vocational guidance in the high school curriculum; - Social support from the state for young professionals, first time employed by an enterprise; - Provide support to enterprises for training, retraining and advanced training of workers (for scarce professions). |
Ministry of Education and Science, Ministry of Labor and Migration |
2014-2016 |
|
|
frame