Tajikistan Member profile
No notifications submitted by Tajikistan
Trade policy review
Latest Trade Policy Review (Report by the WTO Secretariat): WT/TPR/S/399/Rev.1
A. Import prohibitions and restrictions and import licensing
3.44.
In 2018, Tajikistan notified to the WTO its Decree on the Import Prohibition of Vehicles Produced Before 2005.[52] According to this Decree, old cars are the main source of air pollution, and thus the following cars, if produced before 2005, are prohibited from importation into Tajikistan: motor vehicles for the transport of 10 or more persons, including the driver (HS 8702); motor cars and other motor vehicles principally designed for the transport of persons (other than those under heading HS 8702), including station wagons and racing cars (HS 8703); motor vehicles for the transport of goods (HS 8704); and special-purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries (wreckers), crane lorries (mobile cranes), fire fighting vehicles, concrete mixer lorries (concrete mixers), road sweeper lorries (road sweepers), spraying lorries (spraying vehicles), mobile workshops, and mobile radiological units) (HS 8705).
3.45.
In accordance with Government Decree No. 492, dated 31 August 2009, on Some Measures for the Economical Use of Electric Energy, the importation of incandescent electric bulbs is prohibited. Imports of ozone-depleting substances (Montreal Convention) are controlled, while the authorities intend to gradually implement a ban in the future.
3.46.
Tajikistan notified to the WTO that a number of products are subject to import licensing requirements.[53] These are tobacco products; narcotic and psychotropic substances and precursors; pharmaceuticals and medical goods; and radioactive materials. The licensing system applies to goods originating in all countries. This is for the purpose of the protection of human health and, in accordance with international conventions, the protection of state security and public safety.
3.47.
The import licensing system is a statutory requirement and is regulated mainly under Law No. 37 on Licensing of Separate Types of Activities, 2007, Resolution No. 172 on the Establishment of Provisions on Specificities of Licensing of Separate Types of Activities, 2007, and product-specific legislation (Table 3.6).
3.48.
According to notification G/LIC/N/3/TJK/1, Resolution No. 172 on the Establishment of Provisions on Specificities of Licensing of Separate Types of Activities, 2007, was amended by Government Resolution No. 368, 2012, to abolish import licensing for alcohol and alcoholic beverages. Thus, licences are not required for the import or export of alcohol and alcoholic beverages. Applications for a licence must be made one month prior to importation; a licence cannot be granted immediately on request. The relevant authority must examine the case before approving or refusing the application. Applicants may appeal administrative decisions regarding refusals in the Tajikistan courts (Section 2.1).
3.49.
In accordance with Law No. 37 on Licensing of Separate Types of Activities, 2007, foreign individuals and legal persons may obtain licences under the same conditions as domestic individuals and legal persons. However, they must maintain a commercial presence (i.e. have a branch or representation) in Tajikistan before applying for an import licence.
3.50.
Different ministries/agencies are in charge of examining and issuing licences for different products. The fee for the examination of applications for all licences is 4 standard units, and that for issuing these licences is 10 standard units. In 2019, a standard unit was set at TJS 55.
3.51.
Import licences are valid for not less than five years and may be extended through re‑issuance. The relevant legislation does not provide any penalty for not using a licence, or for the partial utilization of a licence. Licences are not transferrable.
3.52.
In accordance with Resolution No. 381 on the Establishment of the State Quota for Narcotic Substances, 2003, the importation of narcotic drugs is subject to a quota arrangement. The State maintains the monopoly thereon. Importation is conducted by licensed SOEs, and within the limits of the quota.[54]
3.53.
The authorities stated that other legislation related to import licensing requirements includes: Law No. 760 on Environmental Protection, 2011; Government Resolution No. 172 on Approval of the Regulations on Licensing of Certain Types of Activities, 2007; Government Resolution No. 338 on the Rules of Handling of Unmanned Aircraft, 2016; Government Resolution No. 367 on Measures to Improve Foreign Economic Activity, dated 16 July 2012; Government Resolution No. 204 on the Rules for the Import and Export of Medicinal Products, Medical Goods, and Narcotic Drugs, Psychotropic Substances and Precursors Used in Medicine, 2009; Government Resolution No. 215 on the Rules for the Sale and Purchase, Export and Import of Precious Metals, Precious Stones and Commodities Containing Precious and Non-Ferrous Metals, 2006; Government Resolution No. 492 on Some Measures for the Economical Use of Electric Energy, 2009; and Government Resolution No. 643 on Measures to Implement the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, 2015.
3.54.
In accordance with Article 17 of Law No. 37, dated 17 May 2004, on Licensing of Certain Types of Activities, activities related to the circulation of precious metals and precious stones[55], and activities on the import, export, sale and use of unmanned aircraft are included in a special list of activities for which a licence is required.
B. Export prohibitions and restrictions
3.63.
The main legislation regulating export prohibitions, restrictions, and licensing is Law No. 1168 on Export Control, 2014. In addition, in accordance with the relevant UN conventions, export controls apply to dual-use goods.
3.64.
At the time of accession to the WTO, a number of exports were subject to export licensing requirements (Table 3.8). An updated list was not available to the Secretariat. Tajikistan notified to the WTO that, in accordance with the amended Government Resolution No. 368 on the Establishment of Provisions on Specificities of Licensing of Separate Types of Activities, 2012, licences are not required for the exportation of alcohol and alcoholic beverages.[58]
3.65.
Further, under Presidential Decree No. 684 on Streamlining the Collection and Processing of Ferule Resin, 2009, ferule resin is also subject to export licensing requirements.
WTO's environmental database (EDB)
The EDB contains environment-related measures that may qualify as QRs and therefore should be notified under the QR Decision.