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DECREES AND ORDERS
Print version
13.07.2010
DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN
on further liberalization of foreign trade in the Republic of Azerbaijan

With the view of further liberalization and extension of foreign economical and trade relations in the country and establishing modern rules fulfilling the requirements of market economy in this field, I hereby resolve:
1. Rules for the regulation of import and export transactions in the Republic of Azerbaijan to be approved.

2. Rules for regulation of foreign trade in the Republic of Azerbaijan approved by the decree no. 520, dated December 17, 1996 of the President of the Republic of Azerbaijan to be deemed invalid.

Haydar Aliyev
President of the Republic of Azerbaijan
Baku city,
June 24, 1997
no. 609

Approved by decree no. 609, dated June 24, 1997
of the President of the Republic of Azerbaijan.
Rules for the regulation of import and export transactions in the Republic of Azerbaijan
Rules for the realization of import and export transactions by all persons (hereinafter residents) in the Republic of Azerbaijan are governed by these Rules.
Other forms of import and export transactions not indicated in these Rules are freely realized by residents

I. Export transactions
1. Export of commodities produced, processed and reprocessed in the Republic
1.1. Residents are free to export commodities produced, processed and reprocessed in the Republic of Azerbaijan and their activities can not be limited with the exclusion of cases indicated in these Rules.
1.2. With the exclusion of commodities indicated in clause 7 and 8 of these Rules, the export of commodities produced, processed and reprocessed in the Republic of Azerbaijan can be realized by declaring in customs bodies.
2. Transactions of export on credit
2.1. Export on credit means export transaction of the commodities, cost of which is paid on certain terms and during certain period of time, after actual export of the good (service and intellectual property).
2.2. Export of commodities on credit (service and intellectual property) by governmental organizations and other enterprises with more than 50 percents state share in its property by registration of concluded contracts in the Ministry of Economic Development.
2.3. On credit export of commodities by the persons not indicated in clause 2.2 of these Rules is realized by means of customs declaration.
3. Re-export transactions
3.1. Re-export transactions mean export of the commodities of foreign origin, entering the customs territory of the Republic of Azerbaijan to other foreign countries without being re-processed.
3.2. Contracts concluded for re-export transactions are implemented by registration in the Ministry of Economic Development in cases of requirement by international obligations of the Republic of Azerbaijan, and in other cases by declaration in customs bodies.
4. Export transactions by means of consignment
4.1. Export transactions by means of consignment means export of commodities sold for certain time outside the Republic on the basis of contract concluded with foreign persons.
4.2. Period of time allocated for consignment trade is defined as not more than 180 days after the date of declaration of the commodities in customs bodies. Resources obtained from sale shall be transferred to the bank account of the exporter in the Republic of Azerbaijan not later than 10 bank days as the commodities are sold. Commodities not sold within the period of time as indicated above shall be returned to the Republic of Azerbaijan within 30 days.
4.3. Export of commodities by means of consignment is realized by governmental organizations through registration of concluded contracts in the Ministry of Economic Development of the Republic of Azerbaijan.
4.4. Export of commodities by means of consignment by the residents other than governmental organizations is realized by declaration in customs bodies. In this case commodities produced in governmental organizations of the Republic can be exported after complete payment of their value to the producer.
5. Temporary export transactions
5.1. Temporary export transactions mean export transactions of commodities for rendering service, leasing transactions, participation in exhibitions, fairs, etc. in foreign countries, with the provision of their delivery back to the Republic of Azerbaijan without being re-processed.
5.2. Temporary export transactions by governmental organizations are realized by registration of contracts on temporary export transactions in the Ministry of Economic Development. And the temporary export transactions by residents are realized through declaration in customs bodies.
5.3. Commodities sent temporarily by governmental organizations shall be delivered back to the Republic of Azerbaijan not later than 30 days after expiry of the term indicated in the concluded contract. Those commodities can be sold in the countries they are used with the permission of the Ministry of Economic Development. Currency obtained from this sale shall enter exporter's bank account in the Republic of Azerbaijan within 10 days.
5.4. Commodities temporarily exported by residents other than governmental organizations can be sold in the countries they are used as consistent with these Rules and other legislative acts of the Republic of Azerbaijan by paying relevant customs fees. Otherwise these commodities shall be delivered back to the Republic of Azerbaijan not later than 30 days after expiry of the term indicated in the concluded contract
II. Import transactions
6. Import at the own expense of residents:
6.1. Contracts concluded by residents for import transactions at their own expense, by means of consignment or on credit not based on state guarantee (with the exception of cases indicated in point 8 and 9 of these Rules) are realized by declaration in customs bodies.
6.2. Control over customs value of commodities imported by residents is realized by customs bodies.
6.3. All residents importing commodities by consignment trade can settle accounts with consigners by buying currency from exchange market with the resources (manat) obtained form the sale of these commodities.
III. Other export and import transactions
7. Export and import transactions by the Cabinet of Ministers
7.1. Export and import of commodities indicated in Annex 1 of these Rules is realized exclusively on the basis of orders by the Cabinet of Ministers of the Republic of Azerbaijan. These commodities are not allowed to be exported on credit, by consignment or in the frame of frontier trade.
8. Export and import transactions realized by obtainment of license and reference from relevant state bodies
8.1.Contracts for export and import of commodities indicated in Annex 2 of these Rules are realized by going through examination and registration in the Ministry of Economic Development. Examining such commodities, the Ministry of Economic Development shall receive related to them references from relevant state bodies.
8.2. Commodities mentioned in the point above are not allowed to be exported on credit, by means of consignation as well as in the frame of frontier trade.

9. Barter transactions
9.1. Barter transactions mean exchange of commodities (service and intellectual property) in equivalent amount without paying.
9.2. Term for delivery and acceptance of commodities in equivalent amount in barter transactions is defined at maximum as 90 days. In case the exchange of commodities in equivalent amount is not finalized within this term, settling of account shall be carried out in the currency indicated in contract within 10 bank days and the amount shall be transferred to the bank account in the Republic of Azerbaijan.
9.3. A copy of customs declarations for commodities delivered and sent on the basis of barter transactions shall be sent to authorized banks and Ministry of Economic Development by customs bodies within 7 days from the date of declaration of the commodity.
9.4. Barter contracts concluded by governmental organizations and other enterprises with more than 50 percents state share in its property are realized by registration in the Ministry of Economic Development. And the contracts concluded by other residents are realized by means of declaration in customs bodies.
9.5. In case commodity in equivalent amount is not received and failure to settle accounts within the terms indicated in point 10.2 of these Rules, the value of not received commodity is deemed to be secret profit and the resident sending the commodity bears responsibility as consistent with efficient legislation of the Republic of Azerbaijan.

10. Cooperative transactions
10.1. Cooperative transactions mean temporary export (or import) of raw materials, semi-products and products with a certain purpose (repair, procession, receiving final product, packaging etc.).
10.2 Contracts for export (or import) of commodities through cooperative transactions by governmental organizations are realized by registration in the Ministry of Economic Development and contracts by other residents by declaration in customs bodies.
11. Frontier trade
11.1 Frontier trade is realized exclusively in relation to commodities produced in relevant frontier territory, and intended for consumption in relevant frontier territory by all residents with permanent place of residence in frontier territory of the Republic of Azerbaijan, with the purpose of satisfying local necessities, to foreign persons in the relevant frontier territory defined in international treaties between the Republic of Azerbaijan and bordering states.

11.2. Frontier territories and the rules of frontier trade are defined by the Cabinet of Ministers of the Republic of Azerbaijan with reference from Ministry of Economic Development.
IV.Trade transactions on the basis of intergovernmental treaties
Import and export transactions indicated in intergovernmental treaties are realized with relevant decisions and orders of the Cabinet of Ministers of the Republic of Azerbaijan and by declaration in customs bodies.
V. Rules for account settlement in foreign trade
12. Account settlements in export
12.1. Sale of commodities (service and intellectual property) as a rule by means of prepayment of their value, by letter of credit opening or with the warranty of first-degree banks. First degree properties of banks are defined by the Central Bank of the Republic of Azerbaijan on the basis of the instructions by international credit rating agencies
12.2. Taking the commodities (service and intellectual property) sold by all residents out of the Republic of Azerbaijan is allowed by customs bodies only with the provision of presentation of the document of relevant authorized banks with the authorization to perform currency transactions in the Republic of Azerbaijan, approving payment of the value, submittal of letter of credit or warranty by first-degree banks.
13. Account settlements in import
13.1. Account settlements related to the purchase of product and service from foreign countries by all residents are made in accordance with the legislation of the Republic of Azerbaijan. Control over account settlements is realized by authorized banks.
VI. Formalization of foreign trade relations
14.1. For the formalization of foreign trade relations in cases indicated in these Rules, residents shall submit following documents to the Ministry of Economic Development:

14.1.1. For export transactions:
 contracts concluded with foreign persons;
 contract concluded between producer and exporter (in case the producer is not exporter);
 reference justifying export prices;
 documents about commodities brought to the Republic of Azerbaijan from other countries.
14.1.2. For import transactions:
 contracts concluded with foreign persons;
 information about the source for financing the transaction;
 reference justifying export prices.
14.2. Ministry of Economic Development shall notify in writing the residents about the acceptance of relevant documents.
14.3. In cases indicated in these Rules, upon the examination in the Ministry of Economic Development, concluded contracts shall be investigated in relation to conformity with the legislation of the Republic of Azerbaijan and international legal rules and observance to the economic interests of the Republic of Azerbaijan.
14.4. For the formalization of foreign trade relations in cases indicated in these Rules, residents shall submit following documents to customs bodies:
• document defining brand value of the imported and exported commodities;
• travel and transport documents;
• document approving the source of the commodity;
• phytosanitary certificate of the commodity; [6]
• certificate of conformity of the commodity;
• veterinary health certificate of the commodity;
• hygienic certificate of the commodity (foodstuff);
• In cases indicated by these Rules, decree of the Cabinet of Ministers or reference about examination by the Ministry of Economic Development.
14.6. After the submittal of necessary documents, registration of contracts is realized in the Ministry of Economic Development within 3 work days.
14.7. After the submittal of the documents required for import and export transactions, customs bodies shall formalize these documents and provide transition of commodities within 24 hours.
14.8. Residents bear responsibility for the correctness of the submitted documents and information contained in these documents.
14.9.State Customs Committee informs in due order the Cabinet of Ministers , Ministry of Economic Development, Ministry of Finance, Ministry of Taxes, State Committee of Statistics and Central Bank of the Republic of Azerbaijan about all import and export transactions not later then 15th day of the month following the monthly reporting period.
VII. Responsibility for the breach of the provisions of the Statute
15.1. As consistent with the legislation of the Republic of Azerbaijan all residents bear responsibility for the breach of these Rules.
15.2. Control over the part of foreign trade relations considering the delivery and clearance of commodities at customs territory of the Republic of Azerbaijan is realized by customs bodies and the part of account settlement by authorized banks. Customs bodies and authorized banks shall report to related state bodies about cases of breach of existing legislation and rules, for relevant measures to be taken.

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