On further liberalization of foreign trade in the Republic of Azerbaijan
Release date: 27.02.2019
Order of the President of the Republic of Azerbaijan
On further liberalization of foreign trade in the Republic of Azerbaijan
With the purpose of further liberalization and extension of foreign economic, including trade relations of the country, determination of modern rules in this sphere meeting the requirements of market economy, I hereby order:
1. «Rules of regulation of import-export operations in the Republic of Azerbaijan» shall be approved.
2. «Rules of regulation of foreign trade in the Republic of Azerbaijan» approved by the Order of the President of the Republic of Azerbaijan No. 520 dated 17 December 1996 shall be deemed to be null and void.
President of the Republic of Azerbaijan
Heydar Aliyev
Baku city, 24 June 1997
No. 609
As amended by Orders No. 691 dated 30 March 1998; No. 392 dated 30 August 2000; No. 587 dated 11 October 2001; No. 608 dated 21 December 2001; No. 609 dated 21 December 2001; No. 941 dated 23 October 2003; No. 963 dated 23 October 2003; No. 966 dated 23 October 2003; No. 980 dated 23 October 2003; No. 159 dated 10 December 2004; No. 193 dated 7 February 2005; No. 212 dated 23 March 2005; No. 256 dated 6 July 2005; No. 288 dated 30 August 2005; No. 335 dated 16 December 2005; No. 343 dated 28 December 2005; No. 466 dated 27 September 2006; No. 555 dated 19 March 2007; No. 618 dated 16 August 2007; No. 780 dated 20 June 2008; No. 826 dated 12 September 2008; No. 13 dated 11 November 2008; No. 57 dated 13 February 2009; No. 81 dated 14 April 2009; No. 163 dated 7 October 2009; No. 166 dated 28 October 2009; No. 216 dated 10 February 2010; No. 256 dated 20 April 2010; No. 260 dated 14 May 2010, No. 990 dated 26 September 2013; No. 148 dated 11 April, 2014; No. 164 dated 14 May 2014; No. 223 dated 9 July 2014; No. 247 dated 2 September 2014; No. 1023 dated 16 August 2016; No. 1110 dated 14 November 2016; No. 1233 dated 10 February 2017; No. 1574 dated 7 August 2017; No. 34 dated 3 May 2018; No. 277 dated 19 September 2018; No. ___ dated 27 February, 2019 («LegalActs» LLC).
Approved by the
Order of the President of the
Republic of Azerbaijan
No. 609 dated 24 June 1997
Rules of regulation of import-export operations in the Republic of Azerbaijan
Exercise of import-export operations in the Republic of Azerbaijan by all residents and non-residents (hereinafter referred to as the persons) shall be governed by the Customs Code of the Republic of Azerbaijan (hereinafter referred to as the Customs Code), the Law of the Republic of Azerbaijan «On Customs Tariff», other legal acts adopted in accordance with them, including the present Rules.
Other forms of import-export operations not provided for in the present Rules shall be freely exercised by all persons.
I. Export operations
1. Export of commodities produced, processed, re-processed in the Republic
1.1. Persons shall be free to export the commodities produced, processed, re-processed in the Republic of Azerbaijan and their activity may not be restricted, except for cases provided for in the Customs Code and the present Rules.
1.2. Exported goods must be declared at the customs authorities.
2. Export operation on loan
2.1. Export on loan shall mean export operations with commodities —payment for which is made after actual export of commodities (services and intellectual property) under certain terms and conditions and within certain periods.
2.2. Export of commodities (services and intellectual property) on loan by the state enterprises and other enterprises having the final share of the state more than 50 percent in the property shall be implemented with the registration of concluded agreements at the Ministry of Economy and Industry.
2.3. Export of commodities on loan by persons not referred to in paragraph 2.2 of the present Ruler shall be implemented with their declaration in customs authorities. In such case, commodities produced in the state enterprises of the Republic may be exported after full payment of their value to the manufacturer.
3. Re-export operations
3.1. Re-export operations shall mean export operations with commodities of foreign origin arriving to the customs territory of the Republic of Azerbaijan, to other foreign countries without re-processing.
3.2. Agreements concluded on re-export operations shall be implemented with the registration in the Ministry of Economy and Industry in cases as required by the international obligations of the Republic of Azerbaijan and with the declaration in customs authorities in other cases.
4. Export operations through the consignment
4.1. Export operations through the consignment shall mean export of commodities sold out of borders of the Republic within certain period on the basis of agreements concluded with foreign persons.
4.2. Period allocated for consignment trade shall be defined as not more than 180 days after the date of declaration of commodities in customs authorities. Means acquired from the sale shall be transferred to the bank account of the exporter in the Republic of Azerbaijan not later than 10 banking days as the commodities are sold. In case of the failure to sell commodities within aforementioned periods they shall be subject to return to the Republic of Azerbaijan within the period of 30 days.
4.3. Export of commodities through the consignment shall be implemented by the state enterprises by means of registration of concluded agreements in the Ministry of Economy and Industry.
4.4. Export of commodities through the consignment by other persons other than state enterprises shall be implemented by means of declaration in customs authorities. In such case, commodities produced in the state enterprises of the Republic may be exported after full payment of their value to the manufacturer.
5. Temporary export operations
5.1. Temporary export operations shall mean export transactions of commodities for rendering service, leasing operations, participation in exhibitions, fairs, etc. in foreign countries, with the condition of their return to the Republic of Azerbaijan.
5.2. Agreements for temporaty export operations concluded by the state enterprises shall be implemented through the registration in the Ministry of Economy and Industry and temporary export operations concluded by other persons shall be implemented through the declaration in customs authorities.
5.3. Commodities dispatched temporarily by the state enterprises shall be subject to return to the Republic of Azerbaijan not later than 30 days upon the expiry of the period referred to in concluded agreements. Those commodities may be sold in the countries they were used with the permission of the Ministry of Economy and Industry. Currency acquired from such sale shall enter the exporter’s bank account in the Republic of Azerbaijan within the period of 10 days.
5.4. Commodities temporarily exported by other persons which are not the state enterprises may be sold in the countries they were used with the payment of respective customs duties in accordance with the present Rules and other legislative acts of the Republic of Azerbaijan. In other cases, those commodities shall be subject to return to the Republic of Azerbaijan not later than 30 days upon the expiry of the period referred to in the concluded agreement.
II. Import operations
6. Import at the own expense of persons
6.1. Exported goods must be declared at the customs authorities.
6.2 Control over the accuracy of determining the value of goods imported by persons shall be implemented by customs authorities in accordance with the Customs Code and the Law of the Republic of Azerbaijan «On Customs Tariff».
6.3. All persons importing commodities by consignment trade may settle accounts with consigners by buying currency from exchange market with means (manat) obtained from the sale of those commodities.
III. Other export-import operations
7. Export-operations implemented under instruction of the Cabinet of Ministers of the Republic of Azerbaijan
7.1. Export and import of commodities referred to in Annex 1 of the present Rules shall be implemented exclusively on the basis of orders of the Cabinet of Ministers of the Republic of Azerbaijan. Export of those commodities on loan, by consignment or within the frame of cross-border trade shall not be allowed.
8. Export-import operations implemented through the acquisition of opinion from the relevant state authorities
8.1. Export and import of commodities (services and intellectual property) referred to in Annex 2 of the present Rules shall be implemented through the acquisition of opinion of the relevant state authorities referred to in that Annex.
8.2. Export of commodities referred to in the previous paragraph on loan, mentioned in the point above are not allowed to be exported on credit, by consignment or within the frame of cross-border trade shall not be allowed.
9. Barter operations
9.1. Barter operations shall mean mutual exchange of commodities (service and intellectual property) for equivalent amount without payment of value.
9.2. Term for delivery and acceptance of commodities in equivalent amount in barter transactions shall be defined at maximum of 90 days. If the mutual exchange of commodities in equivalent amount is not completed within mentioned term, settlement of accounts shall be carried out in currency referred to in agreement within the period of 10 banking days and the amount shall be transferred to the exporter’s bank account in the Republic of Azerbaijan.
9.3. One counterpart of customs declarations for commodities exported and imported under barter operations shall be submitted by the customs authorities to authorized banks and the Ministry of Economy and Industry within the period of 7 days from the date of declaration of the commodities.
9.4. Barter agreements concluded by the state enterprises and other enterprises having the final share of the state more than 50 percent in the property shall be implemented with their registration in the Ministry of Economy and Industry and agreements concluded by other persons shall be implemented by means of declaration in customs authorities.
9.5. If commodities in equivalent amount are not received within terms referred to in paragraph 9.2 of the and respective accounts are not settled, the value of those commodities shall be deemed to be a concealment of profits and persons-consigners shall bear liability as provided for in the applicable legislation of the Republic of Azerbaijan.
10. Cooperative operations
10.1. Cooperative operations shall mean temporary export (or import) of raw materials, semi-products and products for a certain purpose (repair, processing, re-processing to a final product, packaging etc.).
10.2 Agreements providing for export (or import) of commodities under cooperative operations by the state enterprises shall be implemented with the registration in the Ministry of Economy and Industry and export (or import) of commodities by other persons shall be implemented with the declaration in customs authorities.
11. Cross-border trade
11.1 Cross-border trade shall be implemented by all persons permanently residing in the cross-border territory of the Republic of Azerbaijan with foreign persons in the relevant cross-border territory defined by international agreements of the Republic of Azerbaijan and bordering states with the purpose of meeting the needs of commodities produced exclusively within relevant cross-border territory and intended for consumption in the relevant cross-border territory.
11.2. Сross-border territories and rules of cross-border trade shall be defined by the Cabinet of Ministers of the Republic of Azerbaijan on the basis of opinion of the Ministry of Economy and Industry of the Republic of Azerbaijan.
IV. Trade operations on the basis of intergovernmental agreements
Import-export operations referred to in intergovernmental agreements shall be implemented under relevant decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and with the declaration in customs authorities.
V. Rules of settlement of accounts in the foreign trade
12. Settlement of accounts in export
12.1. Export of goods (works, services) by legal entities and individuals by consignment is carried out by declaration in the customs authorities. Export operations by consignment provide for the payment within a specified period of time of funds to the exporter in exchange for exported goods (works, services) on the basis of an agreement concluded with foreign persons.
12.2. Legal entities and individuals must ensure transfer to the accounts held in authorized banks of the Republic of Azerbaijan in exchange for goods (works, services) exported by consignment within 180 (one hundred and eighty) days from the date of their declaration.
12.3. Control over the transfer and importation of funds received in exchange for goods exported by consignment of goods (works, services) to the Republic of Azerbaijan is exercised by the Financial Market Supervision Chamber of the Republic of Azerbaijan (hereinafter - the Chamber) and the State Customs Committee respectively. The State Customs Committee of the
12.4. The authorized banks shall, within 3 (three) business days from the date of receipt in the manner and order prescribed by the Chamber, transfer to the Chamber information on the receipt of foreign currency under export contracts to the relevant accounts of persons.
12.5. If the Chamber on the basis of information received from the banks and information received from the electronic customs service will establish a case of not transferring funds in exchange for exported goods to the account of the exporter in an authorized bank within a specified period, the State Customs Committee of the Republic of Azerbaijan shall be informed within 2 (two) business days with the purpose of taking control and other measures established by the legislation with respect to the exporter.
12.6. The State Customs Committee of the
13. Settlement of accounts in import
13.1. Settlement of accounts related to the purchase of commodities and rendering the services from foreign countries shall be implemented by all persons in accordance with the legislation of the Republic of Azerbaijan. Supervision over the settlement of accounts shall be implemented by authorized banks.
VI. Formalization of foreign trade operations
14.1. Customs clearance of goods is carried out under the Customs Code. The form and procedure of declaration, including a list of the documents and information, required for customs purposes, shall be determined by the Cabinet of Ministers of Azerbaijan Republic and published in official publications, as well as posted on the official website of the Cabinet of Ministers of Azerbaijan Republic and the State Customs Committee of Azerbaijan Republic.
14.1.1. For export operations:
agreement concluded with foreign persons;agreement concluded between the manufacturer and exporter (if exporter is not a manufacturer);documents on other commodities imported to the Republic of Azerbaijan from other countries.
14.1.2. For import operations:
agreement concluded with foreign persons.
14.4. In cases provided for in the present Rules, persons shall be obliged to submit the following documents to the customs authorities for formalization of foreign trade operations:
14.5.1. For export operations:
code of legal person defined by the State Statistical Committee;agreement concluded with foreign countries;documents on origin of exported commodities;document of respective authorized bank on prepayment of the value of goods imported by the state enterprises and other enterprises having the final share of the state more than 50 percent in the property or by opening of letter of credit or issuance of bank guarantee;in cases provided for in the present Rules, order of the Cabinet of Ministers or opinion of the relevant state authority;customs freight declaration;certificate of quality for food products exported from the Republic of Azerbaijan to the European Union states;in cases provided for in the present Rules, a document certifying the registration of agreement concluded by the state enterprises and other enterprises having the final share of the state more than 50 percent in the property in the Ministry of Economy and Industry.
14.5.2. For import operations:
concluded agreement;customs freight declaration;invoice — the document defining the commodity value of imported commodities;travel and carriage documents;document certifying the origin of commodities;phytosanitary certificate of the commodity;certificate of compliance of the commodity;veterinary certificate of the commodity;hygienic certificate of the commodity (food products);in cases provided for in the present Rules, order of the Cabinet of Ministers or opinion of the relevant state authority;in cases provided for in the present Rules, a document certifying the registration of agreement concluded by the state enterprises and other enterprises having the final share of the state more than 50 percent in the property in the Ministry of Economy and Industry.
14.6. Registration of agreements shall be exercised by the Ministry of Economy and Industry within the period of 3 working days upon the submission of required documents.
14.7. Upon the submission of required documents under export and import operations, customs authorities shall be obliged to formalize them and provide passage of commodities within the period of 24 hours.
14.8. Persons shall bear liability for accuracy of submitted documents and information contained therein.
14.9. The State Customs Committee shall duly provide information of customs statistics on foreign trade to the President of the Republic of Azerbaijan, the Cabinet of Ministers of the Republic of Azerbaijan, the Ministry of Economy and Industry, the Ministry of Finance, Ministry of Taxes, the Food Safety Agency, the State Statistical Committee and the Central Bank of the Republic of Azerbaijan of all import and export operations not later than 15th day of the month following the monthly reporting period.
VII. Liability for the breach of the present Rules
15.1. Persons shall bear liability for the breach of the present Rules in accordance with the legislation of the Republic of Azerbaijan.
15.2. The control over foreign trade operations, in the part providing for the export of goods from the customs territory of the Republic of Azerbaijan and the import of goods into it, is carried out by the State Customs Committee of the Republic of Azerbaijan, and in the part providing for the settlements of these operations by the Chamber and the State Customs Committee of the Republic of Azerbaijan.
ANNEX 1
to Rules of regulation of
import-export operations
in the Republic of Azerbaijan
List of commodities exported and imported on the basis of Order of the Cabinet of Ministers of the Republic of Azerbaijan
|
Name of commodity |
Code under CN FTA |
|
Weapon and military equipment, spare parts required for its production |
8710, 8802(except for 8802 11 100, 8802 12 100, 8802 20 100, 8802 30 100, 8802 40 100), |
|
Gunpowder, explosives, blasting agents and pyrotechnics |
3601 (except for hunting gunpowder); 3602 — 3604 |
|
Nuclear materials, technology, equipment and facilities, special non-nuclear materials, radioactive sources, including nuclear waste |
|
|
Narcotic drugs and psychotropic substances with a limited circulation in the territory of the Republic of Azerbaijan, as well as chemical poisons |
|
|
Certain types of technical and scientific information and technologies, materials and equipment used to create weapons and military equipment |
|
|
Blood and blood components and formulations made from them |
|
|
Export of rough diamonds |
Note: List of Annex 1 to «Rules of regulation of import-export operations in the Republic of Azerbaijan» shall not apply to import-export of threaded and unthreaded sporting, hunting or other weapons intended for firing at targets, combined unthreaded and rifled weapons, their parts and accessories, cartridges, bullets for airguns (3601 (gunpowder intended only for hunting weapons), 9305 (goods intended only for sports and hunting, except for the military arsenal), 9306 21 000 0; 9306 29 400 0; 9306 29 700 0) and import-export of aforementioned commodities (objects) shall be regulated in accordance with «Rules of import of service and civil weapon to the Republic of Azerbaijan and its export from the Republic of Azerbaijan» approved by the Order of the President of the Republic of Azerbaijan No. 769 dated 24 August 2002.
ANNEX 2
to Rules of regulation of
import-export operations
in the Republic of Azerbaijan
List of specific commodities (services and intellectual property) exported and imported with acquisition of opinion of respective state authorities
|
Name of commodity |
Code of commodity under CN FTA |
State authorities opinion of which is required |
|
Export | ||
|
Wild animals, wild plants and animal bones found in excavations |
Ministry of Ecology and Natural Resources of the Republic of Azerbaijan | |
|
Raw materials from wild beasts and wild plants for the production of medicines, venom of snake, scorpion and phalanges |
Ministry of Ecology and Natural Resources of the Republic of Azerbaijan, Ministry of Health of the Republic of Azerbaijan | |
|
Information about the layers of thermal energy and mineral resources located on land and sea within the economic zone of the Republic of Azerbaijan and in regions |
Ministry of Ecology and Natural Resources of the Republic of Azerbaijan, | |
|
Inventions, «know-how» and the results of scientific research (except for those subject to export control) |
Academy of Science of the Republic of Azerbaijan, State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan | |
|
Works of art, collectors’ pieces and antiques |
9701 - 9706 |
Ministry of Culture and Tourism of the Republic of Azerbaijan |
|
Psychotropic substances, trafficking in which is monitored the territory of the Republic of Azerbaijan |
|
Ministry of Health of the Republic of Azerbaijan |
|
Exhibitions, guest performances, presentations, international cultural events and cultural wealth included into the State List of national cultural property of the Republic of Azerbaijan in connection with restoration works |
Ministry of Culture and Tourism of the Republic of Azerbaijan | |
|
Name of commodity |
Code of commodity under CN FTA |
State authorities opinion of which is required |
|
Import | ||
|
Chemical agents used for plant protection |
3803 |
Food Safety Agency of the Republic of Azerbaijan |
|
Medications, biologicals and veterinary supplies used in veterinary medicine |
State Veterinary Committee of the Republic of Azerbaijan | |
|
Drugs, including psychotropic substances, trafficking in which is monitored in the territory of the Republic of Azerbaijan, and medical supplies |
30 group 9018 - 9022 |
Ministry of Health of the Republic of Azerbaijan |
|
Rendering of services in the territory of the Republic of Azerbaijan: |
||
|
construction activity (engineering search, design, construction, installation and commissioning works) |
State Committee of the Republic of Azerbaijan for Town Planning and Architecture, Ministry of Emergency Situations of the Republic of Azerbaijan, Ministry of Ecology and Natural Resources of the Republic of Azerbaijan | |
|
freight and passenger transportation, freight forwarding services |
«Azerbaijan Railways» Closed Joint Stock Company, | |
|
communication services (international, intercity, urban, rural, cellular, racing, radiotrunk, installation and exploitation of cable television, express mail services) |
Ministry of Transport, Communication and High Technologies of the Republic of Azerbaijan | |
|
councilor’s and other legal services |
Ministry of Justice of the Republic of Azerbaijan | |
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