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Legislation norms of Tajikistan

I.Legislative Acts Adopted after the 2nd Working Party Meeting (April 2005-October 2006)

No.

Law/Regulation

WTO Agreement

Status of Draft/Intended actions

Expected Enactment Date

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"

GeneralAgreement on Tariffs and Trade

Adopted on2 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 GeneralAgreement on Tariffs and Trade 1994

Resolution of the Government No. 472 as of 2December 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

Adoptedon 11 November 2005, No. 159

In force

5.

Law "On Amendments to the Law of theRepublicofTajikistanon Veterinary"

Agreement on Sanitary and Phytosanitary Measures

Adopted on26 December 2005, No.117

In force

6.

Amendments to the Law "On Banks and Banking Acitivity in theRepublicofTajikistan"

General Agreement on Trade in Services

Adopted on 28 December 2005, No.133

In force

7.

Law of theRepublicofTajikistan"On Amendments to the Law of theRepublicofTajikistan"On Copyright and Related rights"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on3 March 2006, No. 162

In force

8.

New Law of theRepublicofTajikistan"On Auditing Activity"

General Agreement on Trade in Services

Adopted on3 March 2006, No.170

In force

9.

Law of theRepublicofTajikistan"On Geodesy and Cartography"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on3 March 2006, No.172

In force

II.Legislative Acts Adopted from October 2006 to June 2010

No.

Law/Regulation

WTO Agreement

Status of Draft/Intended actions

Expected Enactment Date

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, ArticleIII, XI of the GATT1994

Adopted on 12 May 2007, No. 260

In force

6.

Law of theRepublicofTajikistan"OnAmendments to theLaw "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 ofTajikistan"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 theRepublicofTajikistanon Competition and limiting monopolistic activities"

General Agreement on Trade in Services

Adopted on 28 July 2006, No. 490

In force

11.

New Law of theRepublicofTajikistan"OnNatural Monopolies"

General Agreement on Trade in Services

Adopted on 5 March 2007, No. 235

In force

12.

Law of theRepublicofTajikistan"On Joint Stock Companies"

General Agreement on Trade in Services

Adopted on 5 March 2007, No. 237

In force

13.

Law of theRepublicofTajikistan"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 theRepublicofTajikistan"OnMandatory and Other Payments into the Budget"

GeneralAgreement 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 theRepublicofTajikistan"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 theRepublicofTajikistanon GBAO

GeneralAgreement on Tariffs and Trade

Adopted on 30 July 2007, No. 303

In force

17.

Law of theRepublicofTajikistan"OnAgreements 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 theRepublicofTajikistan"OnAmendments to the Labour Code of theRepublicofTajikistan"

General Agreement on Trade in Services

Adopted on 3 March 2006, No. 158

In force

20.

Amendments to the Tax Code of theRepublicofTajikistan

GeneralAgreement on Tariffs and Trade 1994

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

In force

21.

Amendments to the Law of theRepublicofTajikistan"On Precious Metals and Stones"

Article XI of GeneralAgreement on Tariffs and Trade

Adopted on 30 July 2007, No. 311

In force

22.

Law of theRepublicofTajikistan"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 theRepublicofTajikistan"On Education"

General Agreement on Trade in Services

Adopted on 22 December 2006, No. 222

In force

24.

Law oftheRepublicofTajikistan"On Enforcement Procedure"

Agreement on Trade Related Aspects of Intellectual Property Rights

Adopted on 20 March 2008, No. 373

In force

25.

Law oftheRepublicofTajikistan"On Right of Access to Information"

GeneralAgreement on Tariffs and Trade 1994

Adopted on18 June 2008, No. 411

In force

26.

Law oftheRepublicofTajikistan"OnCommercial Secret"

GeneralAgreement on Tariffs and Trade 1994, TRIPS

Adopted on18 June 2008, No. 403

In force

27.

Law of theRepublicofTajikistan"OnTechnical Regulating"

Agreement on Technical Barriers to Trade

Adopted on19 May 2009, No. 522

In force

28.

Law of theRepublicofTajikistan"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 theRepublicofTajikistan"OnQuarantine 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"

BernConvention, Article 18

Adopted on 3 December 2009, No. 573

In force

32.

Decree of the President of theRepublicofTajikistan"On Reforming the Permitting System in theRepublicof Tajikistan"

GeneralAgreement on Tariffs and Trade 1994

Adopted on 7 March 2009, No. 633

In force

33.

New Law oftheRepublicofTajikistan"OnNormative Legal Acts"

GeneralAgreement on Tariffs and Trade 1994

Adopted on 26 March 2009, No. 506

In force

34.

New Law oftheRepublicofTajikistan"OnBanking Activity"

General Agreement on Trade in Services

Adopted on 19 May 2009, No. 524

In force

35.

Law oftheRepublicofTajikistan"On State Registration of Legal Entities and Individual Entrepreneurs"

GeneralAgreement 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

GeneralAgreement 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 20October2009

GeneralAgreement 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

GeneralAgreement 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

III.Legislative Acts Adopted from July 2010 to June 2011

No.

Law/Regulation

WTO Agreement

Status of Draft/Intended actions

Expected Enactment Date

1.

Abolition of the Decree of the President No.424

GeneralAgreement 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 theRepublicofTajikistantothe 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 theRepublicofTajikistan"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 withGATTArticle 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 inTajikistanuntil 2025

General Agreement on Trade in Services

Adoptedon1 April 2011,No.165

In force

IV.Legislative Acts Adopted between the 6th and 7th Working Party Meetings (July 2011-March 2012)


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 3September 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 includeinteraliathe following:

Ex officioauthority for theIPRborder 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


V.Legislative Acts Adopted after the 7th Working Party Meeting (March 2012) to Date

No.

Law/Regulation

WTO Agreement

Status of Draft/Intended actions

Expected Enactment Date

1.

New Law "On Foreign Trade"

GeneralAgreement on Tariffs and Trade 1994

Adopted, No.846 of 3 July 2012

In force

2.

Amendments to the Law of theRepublicofTajikistan"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 aliathe 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.858of 3 July 2012

In force

7.

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

TRIPS

Adopted, No.858of 3 July 2012

In force

8.

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

Paris Convention, Article 5bis

Adopted, No.856of 3 July 2012

In force

9.

Amendments to the Civil Code

TRIPS, Article 50.1

Adopted , No.840of 3 July 2012

In force

10.

Amendments to the Criminal Code Article275

TRIPS, Article 61

Adopted , No.844of 3 July 2012

In force

11.

The Law "On Geographical Indications" (Article 19)

Paris Convention, Article 5bis

Adopted, No.855of 3 July 2012

In force

12.

Repealing Article 1133 (2) of the Civil Code

TRIPS

Adopted, No.840of 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.857of 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.873of 3 July 2012

In force

15.

Amendments to the Law "On Pharmaceuticals and Pharmaceutical Activities"

TRIPS, Article 39(2)(3)

Adopted , No.861of 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.872of 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.839of 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

ArticleIIIof 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

VI.Legislative Acts Being Drafted or Submitted to the Parliament

No.

Law/Regulation

WTO Agreement

Draft

Government

Parliament

1.

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

ArticleIIIof 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