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DECREES AND ORDERS
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09.07.2010
DECREE OF THE PRESIDENT OF THE REPUBLIC OF AZERBAIJAN
on additional measures in the field of regulation of the production, import and sale of alcoholic beverages, ethyl (food) alcohol and tobacco products

 

Decree dated December, 1996 of the President of the Republic of Azerbaijan on the regulation of the production, import and sale of alcoholic beverages, ethyl (food) alcohol and tobacco products directed to the solution of issues related to the protection of internal market and the health of people had a significant role in the strengthening of state surveillance and in the realization of a range of important measures directed to the application of license rules in production and import; excise stamps in the sale of these commodities. At the same time, study of the emerged situation in production, import and sale of alcoholic beverages, and tobacco products shows the failure to eliminate all shortcomings in this field as well as the continuation of illegal production, contraband, avoidance from tax payment, sale of law - quality products and insufficiency of the struggle against them.
Hence, with the view of preventing the law quality alcoholic beverages and tobacco products from entering into market in the Republic of Azerbaijan, protecting the health of people and strengthening the struggle against the cases of tax avoidance, illegal production and contraband, I hereby resolve:

1.In order to realize the control over the production, quality and sale volume of all kind ethyl (food) alcohol and alcoholic beverages (containing alcohol more than 28 percent) and over closure of production during the alternating and longer suspension of the work of the equipment in the enterprises producing these products, state surveillance to be applied in these enterprises not later then May 1, 1999. State surveillance to be commissioned to the Ministry of Tax of the Republic of Azerbaijan, State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan, and the Ministry of Agriculture of the Republic of Azerbaijan.
Retail of alcoholic beverages and tobacco products to be realized only by stationary trade networks supplied with memory cash register. Sale of these products in mobile stands, counters, vehicles and other self-propelled technical equipment to be prohibited.
3. Cabinet of Ministers of the Republic of Azerbaijan:
- in order to improve the quality of alcoholic beverages, ethyl (food) alcohol and tobacco products produced in the country and prevent avoidances from registration, shall within one month reconsider and approve the rules for granting licenses for production and import of these products;
- within one month shall develop and approve the rules for daily control over the enterprises producing ethyl (food) alcohol and tobacco products;
- in order to eliminate the cases of deliberate decrease of invoice prices during the import of all kind ethyl (food) alcohols, alcoholic beverages and tobacco products shall make decision on the application of customs import fees with fixed mandatory amount, regardless of the country of export as of March 1, 1999;
- define the requirements to stationery trade networks dealing with the sale of alcoholic beverages and tobacco products;
- within one month shall develop and approve the rules for ordering, selling and keeping records of excise stamps
- within two months shall present suggestions to the President of the Republic of Azerbaijan for relevant additions and modifications to be made to the Code of the Republic of Azerbaijan on Administrative violations, Criminal Code of the Republic of Azerbaijan, Law of the Republic of Azerbaijan on state tax service and other legislative acts for severing the types of responsibilities defined for the infringements in the field of production, import and sale of all kind ethyl (food) alcohol, alcoholic beverages and tobacco products
4. Ministry of Economic Development of the Republic of Azerbaijan, Ministry of Agriculture, city and district executive power authorities of the Republic of Azerbaijan shall strengthen the control over the observance to the requirements set in licenses granted for the production, import and sale of alcoholic beverages, ethyl (food) alcohol and tobacco products.
5. To be defined that licenses granted to persons failing to fulfill the production and import volume indicated in the licenses and to create conditions for state surveillance over the production and import of all kind ethyl (food) alcohol, alcoholic beverages and tobacco products shall be cancelled.
6. Local executive power authorities of the Republic of Azerbaijan take the relevant measures indicated in legislation against the ones violating rules for the trade of alcoholic beverages and tobacco products as well as the requirements defined for the entities selling these products.
7. State Customs Committee of the Republic of Azerbaijan, Ministry of Taxes of the Republic of Azerbaijan, Ministry of Economic Development of the Republic of Azerbaijan, together with city and district executive power authorities, shall take strict measures for eliminating the cases of infringement of the rules for the application of excise stamps, avoidance from taxes during the production, import and sale of ethyl (food) alcohol, alcoholic beverages and tobacco products
8. State Customs Committee of the Republic of Azerbaijan shall strengthen the control over transit transportation of alcohol, alcoholic beverages and tobacco products by any kind of vehicle from the territory of the country.
9.Paragraph 2 of the Clause 2 of the decree no. 527, dated December 20, 1996 of the President of the Republic of Azerbaijan on the regulation of production, storage, import and sake of alcoholic beverages ethyl (food) alcohol and tobacco products to be edited as follows:
"Ordering, selling and keeping records of excise stamps to be commissioned to the Ministry of Finance of the Republic of Azerbaijan, as consistent with the rules defined by the Cabinet of Ministers of the Republic of Azerbaijan. - Control over the circulation of excise stamps is realized by the State Committee for Securities under auspices of the President of the Republic of Azerbaijan.

10. (Extracted)
11.Licensing of the sale of ethyl (food) alcohol and alcoholic beverages to be applied as of April 1, 1999.
12. State Television and Radio-broadcasting Company of the Republic of Azerbaijan and other mass media to be recommended to enlighten the information about the cases of the breach of the law in the field of production, import, and sale of alcoholic beverages, ethyl (food) alcohol and tobacco products.
13. Cabinet of Ministers of the Republic of Azerbaijan to take the measures enabling the enforcement of this Decree.
14. This decree comes into force from the day of its publication.
President of the Republic of Azerbaijan
HAYDAR ALIYEV
Baku city, February 5, 1999
no. 90

REFERENCES
1. Decree no.587, dated October 11, 2001 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2001, no.10, Article 640)
2. Decree no.767, dated August 24, 2002 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2002, no. 8, Article 487)
3. Decree no. 966 dated October 23, 2003 (Collection of Legislation of the Republic of Azerbaijan, 2003, no. 10, Article 571)
4.Decree no. 980 dated October 23, 2003 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2003, no. 10, Article 585)
5. Decree no. 534 dated February 28, 2007 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan , 2007, no. 2, Article 100)
6. Decree no. 826, dated September 12, 2008 of the President of the Republic of Azerbaijan -("Azerbaijan" newspaper, September 13, 2008 , no. 205, Collection of Legislation of the Republic of Azerbaijan, 2008, no. 9, Article 798)
7. Decree no. 81 dated April 12, 2009 of the President of the Republic of Azerbaijan ("Azerbaijan" newspaper, April 19, 2008, no.83, Collection of Legislation of the Republic of Azerbaijan year 2009, no.4 Article 226)
8. Decree no. 134, dated July 22, 2009 of the President of the Republic of Azerbaijan (Azerbaijan newspaper, July 29, 2009, no.164, Collection of Legislation of the Republic of Azerbaijan, 2009, no.7, Article 537 )

LIST OF ADDITIONS AND MODIFICATIONS TO THE DECREE
With decree no. 966 dated October 23, 2003 (Collection of Legislation of the Republic of Azerbaijan, 2003, no. 10, Article 571) the words "State Standardization and Metrology Centre" in paragraph 2 of the second clause are replaced with the words "State Agency for Standardization, Metrology and Patent".

With decree no. 534 dated February 28, 2007 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2007, no. 2, Article 100) the words "Ministry of Agriculture of the Republic of Azerbaijan" are added to the second sentence of clause 1 after the words "State Agency for Standardization, Metrology and Patent of the Republic of Azerbaijan".
With the decree no. 81, dated April 14, 2009 of the President of the Republic of Azerbaijan ("Azerbaijan" newspaper, April 19, 2008, no.83, Collection of Legislation of the Republic of Azerbaijan 2009, no. 04, Article 226).
the word "Agency" in the first paragraph is replaced by the word "Committee"
With the decree no. 980 dated October 23, 2003 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2003, no. 10, Article 585) the words "and within one month prepare and approve the rules for licensing their sale " in paragraph 5 of clause 3 are deleted.

With decree no. 826, dated September 12, 2008 of the President of the Republic of Azerbaijan - ("Azerbaijan" newspaper, September 13, 2008, no. 205, Collection of Legislation of the Republic of Azerbaijan, 2008, no. 9, Article 798), the words "Ministry of Agriculture of the Republic of Azerbaijan" are added to clause 4 after the words "Ministry of Economic Development".
With the decree no.587, dated October 11, 2001 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2001, no.10, Article 640) the words "Ministry of Trade" in clause 4 are replaced with the words "Ministry of Economic Development".
With the decree no. 980 dated October 23, 2003 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2003, no. 10, Article 585) the words "Ministry of Agriculture of the Republic of Azerbaijan" are deleted from clause 4.
With the decree no.587, dated October 11, 2001 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2001, no.10, Article 640) the words "Ministry of Trade" are replaced with the words "Ministry of Economic Development".
With the decree no.767, dated August 24, 2002 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2002, no. 8, Article 487) the words "Ministry of Trade" in clause 6 are replaced with the words "local executive power authorities".

With the decree no.587, dated October 11, 2001 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2001, no.10, Article 640) the words "Ministry of Trade" in clause 7 are replaced with the words "Ministry of Economic Development".

With the decree no. 134, dated July 22, 2009 of the President of the Republic of Azerbaijan (Azerbaijan newspaper, July 29, 2009, no.164, Collection of Legislation of the Republic of Azerbaijan, 2009, no.7, Article 537) the words "Head State Tax Office" in clause 1 and 7 are replaced with the words "Ministry of Tax".
With the decree no.587, dated October 11, 2001 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2001, no.10, Article 640) the words "Ministry of Trade" in paragraph 4 and 6 of clause 10 are replaced with the words "Ministry of Economic Development".
With the decree no. 980 dated October 23, 2003 of the President of the Republic of Azerbaijan (Collection of Legislation of the Republic of Azerbaijan, 2003, no. 10, Article 585) clause 10 is cancelled.

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