Legislation norms of Tajikistan

1.

Resolution of the Government "On Setting up Excise Taxes on Selected Goods originated in the RT and imported into the territory of the RT"

General Agreement on Tariffs and Trade

Adopted on 2 April 2005, No. 126

In force

2.

Regulation "On Specifics of Licensing of Separate Types of Activities"

General Agreement on Trade in Services, Agreements on the Procedures of Import Licensing

Adopted on 1 September 2005, No. 337

In force

3.

Approval of rates of customs fees for services rendered under Article 347 of the Customs Code.

Article VIII of General Agreement on Tariffs and Trade 1994

Resolution of the Government No. 472 as of 2 December 2005

In force

4.

Resolution "On joining the Roma Convention on interest protection of singers-performers, phonogramme producers and casting organisations, 1961"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 11 November 2005, No. 159

In force

5.

Law "On Amendments to the Law of theRepublic of Tajikistanon Veterinary"

Agreement on Sanitary and Phytosanitary Measures

Adopted on 26 December 2005, No.117

In force

6.

Amendments to the Law "On Banks and Banking Acitivity in the Republic ofTajikistan"

General Agreement on Trade in Services

Adopted on 28 December 2005, No.133

In force

7.

Law of the Republic ofTajikistan "On Amendments to the Law of the Republic ofTajikistan "On Copyright and Related rights"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 3 March 2006, No. 162

In force

8.

New Law of theRepublic of Tajikistan"On Auditing Activity"

General Agreement on Trade in Services

Adopted on 3 March 2006, No.170

In force

9.

Law of the Republic ofTajikistan "On Geodesy and Cartography"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 3 March 2006, No.172

In force

1.

New Code on Economic Court Proceedings

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 5 January 2008, No. 340

In force

2.

New Law "On Trademarks and Service marks"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 5 March 2007, No. 234

In force

3.

New Law "On Geographic Indications"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 5 March 2007, No. 236

In force

4.

New Law "On Topology of Integrated Circuits"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 22 December 2006, No. 218

In force

5.

Law "On Investments"

TRIMS, Article III, XI of the GATT 1994

Adopted on 12 May 2007, No. 260

In force

6.

Law of the Republic of Tajikistan"On Amendments to the Law "On Licensing of Separate Types of Activities""

General Agreement on Trade in Services

Adopted on 13 June 2007, No. 277

In force

7.

New Regulation "On Specifics of Licensing of Certain Types of Activities"

General Agreement on Trade in Services, Agreements on the Procedures of Import Licensing

Adopted on 3 April 2007, No. 172

In force

8.

New Civil Procedure Code

Agreement on Trade Related Aspects of Intellectual Property Rights, General Agreement on Tariffs and Trade, General Agreement on Trade in Services,

Adopted on 5 January 2008, No. 341

In force

9.

Law of the Republic of Tajikistan "On State Support of Agro-industrial complexes ofTajikistan"

Agreement on Agriculture

Adopted on 5 March 2007, No. 241

In force

10.

Law "On Amendments to the Law of theRepublic of Tajikistan on Competition and limiting monopolistic activities"

General Agreement on Trade in Services

Adopted on 28 July 2006, No. 490

In force

11.

New Law of the Republic of Tajikistan"On Natural Monopolies"

General Agreement on Trade in Services

Adopted on 5 March 2007, No. 235

In force

12.

Law of the Republic of Tajikistan "On Joint Stock Companies"

General Agreement on Trade in Services

Adopted on 5 March 2007, No. 237

In force

13.

Law of the Republic of Tajikistan "On state registration of real estate and rights for it"

General Agreement on Trade in Services

Adopted on 20 March 2007, No. 375

In force

14.

Law of the Republic of Tajikistan"On Mandatory and Other Payments into the Budget"

General Agreement on Tariffs and Trade, Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 28 July 2006, No. 197

In force

15.

Law of the Republic of Tajikistan "On Inspection of Activities of Economic Subjects"

General Agreement on Trade in Services

Adopted on 28 July 2006, No. 194

In force

16.

New Constitutional Law of the Republic ofTajikistan on GBAO

General Agreement on Tariffs and Trade

Adopted on 30 July 2007, No. 303

In force

17.

Law of the Republic of Tajikistan"On Agreements on Division of  Products"

General Agreement on Trade in Services

Adopted on 5 March 2007, No. 238

In force

18.

Amendments to the Criminal Procedure Code

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 12 May 2007, No. 250

In force

19.

Law of the Republic of Tajikistan"On Amendments to the Labour Code of theRepublic of Tajikistan"

General Agreement on Trade in Services

Adopted on 3 March 2006, No. 158

In force

20.

Amendments to the Tax Code of the Republicof Tajikistan

General Agreement on Tariffs and Trade 1994

Last amendments adopted on 30 July 2007, No. 306.

In force

21.

Amendments to the Law of the Republic ofTajikistan "On Precious Metals and Stones"

Article XI of General Agreement on Tariffs and Trade

Adopted on 30 July 2007, No. 311

In force

22.

Law of the Republic of Tajikistan "On protection of lactation and state control of infant nutrition"

Agreement on Application of Sanitary and Phytosanitary Measures

Adopted on 22 December 2006, No. 221

In force

23.

Amendments to the Law of the Republic ofTajikistan "On Education"

General Agreement on Trade in Services

Adopted on 22 December 2006, No. 222

In force

24.

Law of the Republic of Tajikistan "On Enforcement Procedure"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 20 March 2008, No. 373

In force

25.

Law of the Republic of Tajikistan "On Right of Access to Information"

General Agreement on Tariffs and Trade 1994

Adopted on 18 June 2008, No. 411

In force

26.

Law of the Republic of Tajikistan"On Commercial Secret"

General Agreement on Tariffs and Trade 1994, TRIPS

Adopted on 18 June 2008, No. 403

In force

27.

Law of the Republic of Tajikistan"On Technical Regulating"

Agreement on Technical Barriers to Trade

Adopted on 19 May 2009, No. 522

In force

28.

Law of the Republic of Tajikistan "On Credit Histories"

General Agreement on Trade in Services

Adopted on 26 March 2009, No. 492

In force

29.

New Code "On Administrative Violations"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 31 December 2008, last amendments made in 2010.

In force

30.

New Law of the Republic of Tajikistan"On Quarantine Plants"

Agreement on Application of Sanitary and Phytosanitary Measures

Adopted on 26 March 2009, No. 498

In force

31.

Amendments to the Law "On Copyright and Related Rights"

Bern Convention, Article 18

Adopted on 3 December 2009, No. 573

In force

32.

Decree of the President of the Republic ofTajikistan "On Reforming the Permitting System in the Republic of Tajikistan"

General Agreement on Tariffs and Trade 1994

Adopted on 7 March 2009, No. 633

In force

33.

New Law of the Republic of Tajikistan"On Normative Legal Acts"

General Agreement on Tariffs and Trade 1994

Adopted on 26 March 2009, No. 506

In force

34.

New Law of the Republic of Tajikistan"On Banking Activity"

General Agreement on Trade in Services

Adopted on 19 May 2009, No. 524

In force

35.

Law of the Republic of Tajikistan "On State Registration of Legal Entities and Individual Entrepreneurs"

General Agreement on Tariffs and Trade 1994

Adopted on 19 May 2009, No. 508

In force

36.

Program on introduction of Single Window for carrying out export/import operations

General Agreement on Tariffs and Trade 1994, Trade Facilitation

Adopted on 3 May 2010

In force

37.

Order No. 163-f "On Approving the Regulations on the Procedure for Calculating and Collecting Customs Duties" of 20 October 2009

General Agreement on Tariffs and Trade 1994, Customs Valuation Agreement

Registered on 25 January 2010, No. 565

In force

38.

Resolution of the Government of the Republic of Tajikistan "On Amendments to the Resolution No. 126 of 2 April 2005 "On the Rates of Excise Tax on Certain Goods produced in the Republic of Tajikistan and Imported into the Territory of the Republic of Tajikistan

General Agreement on Tariffs and Trade 1994

Adopted 30 March 2010, No. 189

In force

39.

Joining the Codex Alimentarius

Agreement on Sanitary and Phytosanitary Measures

19 February 2009

In force

No.

Law/Regulation

WTO Agreement

Status of Draft/Intended actions

Expected Enactment Date

1.

Abolition of the Decree of the President No. 424

General Agreement on Tariffs and Trade 1994

Adopted on 26 August 2010, Government Resolution No. 911

In force

2.

Abolition of the Resolution of the Government No. 136, dated 4 April 1996 "On Science-Technical Inspection"

General Agreement on Trade in Services

Adopted on 2 September 2010 Government Resolution No. 453

In force

3.

Law "On Protection of New Plant Varieties"

SPS, UPOV Convention

Adopted on 29 December 2010, No. 672

In force

4.

Resolution of the Government "On Joining of the Republicof Tajikistan to the WIPO Agreement on Phonograms and Performers"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 29 December 2010, No. 264

In force

5.

Amendments to the Law of the Republic ofTajikistan "On Veterinary"

Agreement on Application of Sanitary and Phytosanitary Measures

Adopted on 29 December 2010, No. 674

In force

6.

New Law "On Insurance"

General Agreement on Trade in Services

Adopted on 29 December 2010, No. 681

In force

7.

Changes to the Tax Code to address the issue of VAT taxation of aluminum and cotton fiber

Article 3, GeneralAgreement on Tariffs and Trade 1994

Adopted on 29 December 2010, No. 665

In force

8.

New Law "On Standardization"

TBT

Adopted on 29 December 2010, No. 668

In force

9.

General provision on customs fees compliant with GATTArticle VIII

Article VIII of the GATT 1994

Adopted on 3 March 2011, No. 137

In force

10.

Law "On Free Economic Zones"

GATT 1994

Adopted on 25 March 2011, No. 700

In force

11.

State Program for Transport Sector Development inTajikistan until 2025

General Agreement on Trade in Services

Adopted on 1 April 2011, No. 165

In force

No.

Law/Regulation

WTO Agreement

Status of Draft/Intended actions

Expected Enactment Date

1.

Law "On Permitting System"

GATT 1994

Adopted on 2 August 2011, No.751

 In force

2.

Amendments to the Law "On Maintenance of Sanitary and Epidemiologic Safety"

Agreement on Application of Sanitary and Phytosanitary Measures

Adopted on 4 October 2011, No. 468

In force

3.

Amendments to the Law "On Quarantine of Plants"

Agreement on Application of Sanitary and Phytosanitary Measures

Adopted on 4 October 2011, No. 469

In force

4.

New Law "On Plant Protection"

Agreement on Application of Sanitary and Phytosanitary Measures

Adopted on 4 October 2011, No.456

In force

5.

The new Law "On Conformity Assessment"

TBT

Adopted 2 August 2011, No.759

2013

6.

Repealing the Presidential Decree No. 994, dated 25 March 2003 and the Order of the Government No. 32284 (14/2), dated 3 September 2005, establishing limitations on export of ferrous metals

Article XI of the GATT 1994

Adopted 17 November 2011, No. RP-1781

In force

7.

Changes to the Law No. 522 "On Technical Regulations", dated 19 May 2009

TBT

Adopted 28 June 2011, No.726

In force

8.

Draft Law "On State Procurement of Goods, Works and Services"

Agreement on Government Procurement

Adopted 30 December 2011, No.652

In force

9.

Resolution of the Government " On Joining to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks"

TRIPS

Adopted 12 January 2011, No.271

In force

10.

Resolution of the Government "On Joining to the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs"

TRIPS

Adopted 12 October 2011, No. 540

In force

11.

Changes and amendments to the Customs Code and  related customs legislation to includeinter alia the following:

Ex officio authority for the IPR border measures

TRIPS

Adopted 2 November 2011, No. 542

In force

Definition of "price actually paid or payable"

In force

12.

Resolution of the Government "On Patent Fees"

TRIPS, Article 3

Adopted 7 October 2011, No. 497

In force

13.

Amendment to the Law "On Standardization"

TBT

Adopted 3 December 2011, No 588

In force

No.

Law/Regulation

WTO Agreement

Status of Draft/Intended actions

Expected Enactment Date

1.

New Law "On Foreign Trade"

General Agreement on Tariffs and Trade 1994

Adopted, No.846 of 3 July 2012

In force

2.

Amendments to the Law of the Republic ofTajikistan "On Quality and Safety of Food Products"

Agreement on Application of Sanitary and Phytosanitary Measures

Adopted by the Parliament, pending entering into force

End of July, 2012

3.

Reforming the system of import ban of products treated with bio-stimulators, antibiotics and hormones

Agreement on Application of Sanitary and Phytosanitary Measures

Done

In force

4.

Reforming the system of import permits on live animals and animal products

Agreement on Application of Sanitary and Phytosanitary Measures

Done

In force

5.

Changes and amendments to the Customs Code and related customs legislation to includeinter alia the following:

Provisions reflecting those from the Customs Valuation Agreement, including Explanatory Notes to the Customs Valuation Agreement and  Decisions of the Committee on the Customs Valuation of 26 April 1984 and 24 September 1984;

Definitions of "counterfeit goods" and "pirated goods".

Customs Valuation Agreement (CVA)

TRIPS

Adopted,  No.874 of  3 July 2012

                 No.845 of  3 July 2012

Government Decree No. 250 of  3 July 2012

In force

6.

The Law "On Trademarks and Services Marks" (Article 23 (2), Article 15)

Paris Convention, Article 5bis

Adopted , No.858 of  3 July 2012

In force

7.

Changes to the Law "On Trademarks and Services Marks" (Article 1)

TRIPS

Adopted,  No.858 of  3 July 2012

In force

8.

Amendments to the Law "On Industrial Designs" (Article 28)

Paris Convention, Article 5bis

Adopted,  No.856 of  3 July 2012

In force

9.

Amendments to the Civil Code

TRIPS, Article 50.1

Adopted , No.840 of  3 July 2012

In force

10.

Amendments to the Criminal Code Article 275

TRIPS, Article 61

Adopted , No.844 of  3 July 2012

In force

11.

The Law "On Geographical Indications" (Article 19)

Paris Convention, Article 5bis

Adopted,  No.855 of  3 July 2012

In force

12.

Repealing Article 1133 (2) of  the Civil Code

TRIPS

Adopted,  No.840 of  3 July 2012

In force

13.

Amendments to the Law "On Inventions"

TRIPS, Articles 31(f); 31(l) i, ii, iii; 39.2; Paris Convention, Article 5bis

Adopted , No.857 of  3 July 2012

In force

14.

Amendments to the Law "On Production and Safe Disposal of Pesticides and Agrochemicals"

TRIPS, Article 39(2)(3)

Adopted,  No.873 of  3 July 2012

In force

15.

Amendments to the Law "On Pharmaceuticals and Pharmaceutical Activities"

TRIPS, Article 39(2)(3)

Adopted , No.861 of  3 July 2012

In force

16.

Changes to the Law "On State Regulation of Production and Turnover of Ethyl Alcohol and Alcohol Products"

GATT 1994, Agreement on Import Licensing

Adopted,  No.872 of  3 July 2012

In force

17.

Repealing the Presidential Decree No. 1143 "On Strengthening State Regulation in the Sphere of Production and Turnover on Ethyl Alcohol and Alcohol Products" dated 28 December 1998

Article XI of the GATT 1994

Adopted ,

Presidential Decree No.1270 of 18 April 2012

In force

18.

Changes to the Government Resolution No. 131 "On Establishing Provisions for State Regulation of Production and Turnover of Ethyl Alcohol and Alcohol Products" dated 7 April 1999

Article XI of the GATT 1994

Adopted,

Government  Decree No.211 of 30April 2012

In force

19.

Drafting the Law “On Cryptography” (formerly known as the Law  "On Encryption Devices")

Specifying the list of devices subject to import licensing

Adopted,  No.839 of  3 July 2012

In force

20.

Changes to the Government Resolution No. 126 with the aim of equalizing excise duty rates on distilled alcoholic beverages

Article III of the GATT 1994

Adopted, 30.6. No.348

In force

21.

Ratification of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards

(New York Convention)

Recognition of foreign arbitral rewards

Ratified by the Decree of the Parliament

No. 804 of 31 May 2012

In force

22.

Ratification of the Convention for the Protection of New Varieties of Plants

(UPOV Convention)

Protection of rights in respect of new plant varieties

Ratified by the Decree of the Parliament

No. 887  20 June 2012

In force

1.

Changes to the Tax Code (VAT exemptions provided for local production of newspapers, magazines and books, and children's clothing and shoes, etc).

Article III of the GATT 1994

Final draft procedure

Third quarter  of 2012

Fourth quarter of 2012, expected to be effective as of

1 January 2013

2.

Amendments to Regulation "On Specifics of Licensing of Certain Types of Activities"

General Agreement on Trade in Services, Agreements on the Procedures of Import Licensing

Finalized and submitted to Government for approval

Pending Government Approval (expected before 15 July 2012