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TRADE
POLICY
IMPORT
- EXPORT AND CUSTOMS REGULATIONS
IMPORT
Imported
Goods, Duties & Evaluation:
All
goods & commodities entering the customs areas in Iran are considered
as “entering” goods & commodities. Of these entering goods &
commodities only those are subject to customs tax and duties which
their entrance to the country is made definite. Other goods &
commodities entering the customs areas in such modes as internal
transit, external transit, temporary entrance, etc. are exempted
from customs tax and duties.
According
to customs laws & regulations the value of goods and commodities
entering Iranian customs is calculated on the basis of the CIF value
plus registration fees plus all other expenses and charges applicable
to goods and commodities in question until their arrival to the
first port of entry. Furthermore, this calculation is done on the
basis of the documents submitted by the owner of the goods and commodities
and on a floating rate of exchange basis. Some important exemptions
and limitations concerning clearance of goods from Iranian customs
is mentioned below.
Support
of Domestic Production :
Where
domestic production for a particular product dose not meet the market
needs within the country, special permits are granted for limited
importation of certain goods. In fact this permit is a way of putting
ration on importation of goods where a specified ceiling is set
on the value, weight and quantity of imported goods and commodities.
As
indicated in the tables annexed to the Import and Export Regulations,
the import of certain goods and materials to the country is permitted
on condition that there is no domestic production for the goods
and materials in question. In such cases obtaining the required
certificate of “No Domestic Production” for importation of the said
goods is necessary. The conditions applicable to imported goods
are based on Harmonized System Tariffs.
Exemptions:
Customs
exemptions are in fact exemption from partial or full payment of
customs tax and duties on imported goods & commodities. These
exemptions are determined according to special rules and regulations.
The cases where customs exemption is permitted mainly include:
1.
Export packing equipments temporarily imported into the country
are exempted from customs tax and duties on condition that the packed
goods are actually exported out of the country.
2.
All machineries imported for the purpose of agricultural husbandry,
industrial, mining and packing are exempted from customs tax and
duties.
3.
All agricultural equipments and machineries and their spare parts
are exempted from customs tax and commercial benefit tax if a) they
have been imported to the country according to general regulations
prevailing export - import activities b) they are not manufactured
domestically and c) the Ministry of Agriculture assesses and confirms
their importation.
4.
All producing machineries which have been imported by eligible producing,
industrial and miningunits and upon the approval of the Ministry
of Industries are exempted from customs duties andcommercial benefit
tax upon confirmation of the aforementioned ministry.
6.
Upon suggestion of the producing ministry and the approval of the
government, discount or general exemption will be given on customs
tax & duties and commercial benefit tax relevant to raw materials
and spare parts of industrial and agricultural machinery, electric
& electronicequipments, and transportation vehicles which have
been imported by domestic factories and completed, assembled or
manufactured in the same.
7.
The raw materials and packing equipments which are imported into
the country for producing drugs, and by factories which are/will
be established with the permission of The Ministry of Health, Treatment
& Medical Education or the General Department Veterinary, and
produced in the name of the same factories, with regard to the relevant
rules and regulations, will be liable to the same tariff as those
medicines which are manufactured outside the country, unless, a
lower customs tax is appreciated in the tariff table and the matter
is approved by the concerned ministries and organizations.
8.
Raw materials including chemical productions, ordinary metals, parts
and equipments of the textile, road, agriculture and mining industry,
and production machineries in different fields ofindustry and mining,
and laboratory, scientific, technical and research instruments are
eligible to enjoy certain exemptions as determined by the Harmonized
System of Coding.
Customs
Tariffs:
The
customs tariffs and duties, and commercial duties of commodities
are as follows:
| commodity
(permitted/contingent) |
tariff
(%) |
| chemical
industry products ordinary metals & relevant products
measurement instruments medical equipments and the like |
10 |
| food
industry mining raw production leather industry paper and
wood fabrics mechanical machinery |
15 |
| agricultural
raw production electric machinery transportation vehicles
& parts non permitted commodities |
25
25-50
|
Restrictions
(Import)
Restrictions
on the importation of goods and commodities to the country are divided
into three broad categories:
(a)
Religious restrictions concerning those goods and commodities which
are forbidden by Islamic laws.
(b)
Legal retractions concerning the importation of guns, ammunition,
drugs, non - standard and unhealthy goods or goods contaminated
with radio- active materials.
(c)
Economic restrictions supporting domestic industries and productions
including :
(1)
restrictions on materials and goods for which there is adequate
domestic production.
(2)
restrictions on unnecessary and luxurious goods and commodities.
EXPORT
In
line with its policy concerning the promotion of exports and expanded
presence of domestic manufacturers in the international markets,
the government of the Islamic Republic of Iran has prescribed special
incentives and exemptions on the export of goods and commodities.
According to Article 33 of Implementing Regulations (1994) of the
Export - Import Law, the assessment of export tariffs is carried
out by the Pricing Committee. Exporters should fill the relevant
customs clearance forms accordingly. However, it is evident that
exporters have the right to express their views on the pricing of
their goods and commodities.
Restrictions
(Export):
Restrictions
on the export of goods are as follows:
1.
Religious restriction on the export of goods which are forbidden
according to Islamic Laws.
2.
Legal restrictions which are implemented based on the prevailing
situation.
Support
of Domestic Production:
The
limitations placed on certain export goods in the country are mainly
for the protection of domestic consumers and include those consumer
goods or domestic industries for which there is inadequate domestic
production.
Exemptions:
According
to the Law on Drawback of customs tax & duties on machine made
productions of domestic factories (1966), Article 14 of the Export
- Import Law (1993) and Article 25 of the Implementing Regulations
(1994) of the same, all taxes and duties collected by the Organization
for the Protection of Consumers & Producers, on all goods, materials
and parts used in the production of exported goods will be paid
back to the exporter. It should be noted that the Drawback rate
is based on the tariff and value of materials and parts at the time
when export is made.
EXPORT
IMPORT REGULATIONS ACT
Article
1
Regulations
in respect of the exportation and importation of goods and the delivery
of related services to all exporters and importers and also to those
that the application of the law requires their naming, shall be
governed by this law, and all laws which are inconsistent with it,
are hereby annulled.
Article
2
Exportable
and importable goods are classified into the following three categories:
- Permissible
goods: with the observance of the relevant criteria, the exportation
or importation of these goods shall not require a license.
- Conditional
goods: the exportation or importation of these goods is possible
by obtaining a license.
- Prohibited
goods: the exportation or importation of these goods (purchase,
sale or consumption) is forbidden under the sacred Islamic Shari’a
and or by law.
Note
1
The Government may, with the observance of the
relevant laws and depending on the prevailing exigencies and circumstances,
prohibit the exportation or importation of certain goods.
Note
2
The types and specifications of goods falling
under any one of the aforesaid three categories shall be set forth
by an ordinance to be drawn up by the Ministry of Commerce and approved
by the Council of Minister.
Article
3
Engaging
in the business of exportation and importation of goods for commercial
purposes, requires a commercial card which shall be issued by Iran
Chamber of Commerce, Industries and Mines and approved by the Ministry
of Commerce.
Note
1
The criterion of determining the commercial
nature of goods, as well as the manner of issuing, extending and
cancellation of the commercial card shall be in accordance with
an ordinance approved by the Council of Ministers.
Note
2
Any dispute which may arise between the applicant
of a commercial card and Iran Chamber of Commerce, Industries and
Mines shall be referred to the Ministry of Commerce for consideration
and final decision.
Note
3
Co-operatives of frontier zone inhabitants;
Iranian mariners; hawkers; and workers residing abroad and holding
employment records issued by the Ministry of Labour and Social Affairs,
shall be exempted from obtaining commercial card.
Article
4
Prior
to the end of each year, the Ministry of Commerce, in consultation
with the respective organizations and with the Chamber of Commerce,
Industries and Mines, shall prepare the general modifications which
are to be made to the executive ordinance of this law and to the
schedules annexed to the export-import regulations, for the subsequent
year as well as specific modifications made in the course of the
current year, while incorporating therein the acquired rights, and
shall promulgate them for the public knowledge, after the approval
of the Council of Ministers.
Note
1
All circular letters and directives to the
relevant executing organizations concerning the exportation and
importation of goods, shall be communicated exclusively through
the Ministry ofCommerce.
Article
5
All
productive ministries are required to forward to the Ministry of
Commerce, not later than the 4th of February (15th of Bahman) of
each year, their proposals for the following year concerning the
export and import conditions in respect of goods similar to those
produced domestically, having taken into account the internal requirements
and exigencies of the country.
Note1
Other
relevant organizations and the Chamber of Commerce, Industries and
Mines may send in to the Ministry of Commerce, not later than the
4th of February (15th of Bahman) of each year, their proposals in
respect of the relevant items, having taken into account the internal
requirements and exigencies of the country.
Article
6
Iranian
means of transport shall have priority to transport all goods imported
into the country. However, the directive pertaining to the use of
foreign means of transport whether sea, air, road and rail-way carriers
shall be drawn up by the High Council for the Co-ordination of National
Transportation, in conformity with the ordinance approved by the
Council of Ministers.
Article
7
The
Government is required to allocate special premises for the provisional
storage of goods needed to repair and equip the country's commercial
marine and aircraft fleet.
Note
1
The transit of goods falling under this article
from one port of entry to another shall be permissible, with the
observance of transit regulations.
Note
2
Such goods shall be exempted from customs
duties, commercial benefit tax and any other charges.
Note
3
Those parts of requirements of the aforesaid
fleet which can be supplied by domestic sources within the country,
shall be exempted from any obligation and export licensing.
Article
8
Importers
of various goods, whether governmental or not shall refer exclusively
to the Ministry of Commerce, for licensing their imports and registration
of their orders.
Note
1
The import license shall serve also as a clearance
permit , and no separate Permit
shall be required.
Note
2
Households inhabiting in the frontier zones
or their co-operatives, mariners, hawkers and vessel crews importing
goods for their personal consumption shall be excluded from the
provisions of this Article.
Article
9
The
Central Bank of the Islamic Republic of Iran and Iran Customs Administration
are required to send to the Ministry of Commerce and other relevant
organizations and Iran Chamber of Commerce, Industries and Mines,
at least once every three month, statistical statements concerning
the letters of credit which have been opened and goods which have
been cleared.
Article
10
The
government is required to specify the following matters in the executive
ordinance concerning border trade exchanges:
- Localities
or the depth of border tracts, residents of which are authorized
to engage in border trade business.
- Types
and quantities of goods which may be exported or imported by households
residing in border regions or their co-operatives, authorized
Iranian workers employed abroad, hawkers residing in frontier
zones, mariners and crew members of vessels commuting between
the shores of the Islamic Republic of Iran and other countries.
The requirements to be met by the aforesaid
persons of groups.
- Conditions
for exportation and importation of goods and fulfillment of obligations.
Note
1
Goods imported by households residing in frontier
zones or their co-operatives, and by vessel crew members for their
own personal consumption shall be exempted from 30 per cent up to
a maximum of 100 per cent of customs duties and commercial benefit
tax in the case of public provisions, and up to a maximum of 50 per
cent of customs duties and commercial benefit tax in the case of home
appliances, by the approval of the Council of Ministries.
Note
2
Iranian workers and nationals permissibly
employed abroad may import industrial machinery, tools and primary
materials needed in the country, within the quantitative thresholds,
and taking advantage of such percentage exemptions from commercial
benefit tax as may be jointly set by the Ministry of Commerce, the
Ministry of Labour and Social Affairs and the relevant industrial
ministry, and approved by the Council of Ministers.
Article
11
The
government is authorized to set up border marketplace in any of
the frontier zones as may be deemed beneficial, having taken into
consideration such priorities as local potentiality, employment
generation requirements and the expansion of commercial relation
with the respective neighbouring country.
Article
12
The
pre-exportation entry of materials and goods as temporary admission,
to be incorporated in the production, finishing, processing and
packaging of export goods are exempted from all import duties, except
those designated as expenses or fees, provided that valid security
or promisory note be deposited with the Customs Administration.
Note
1
If the goods which are made of the imported
materials and goods under this Article, are not exported within
a prescribed period of time, it shall be the duty of the Customs
Administration to prosecute the importer, in order to recover the
government's rights.
Note
2
Goods subject to this Article are exempted
from licenses set forth in the schedules annexed to the Export-
Import Regulations.
Note
3
The importer shall not be necessarily bound
to export pro se, rather the relevant export certificate issued
by the Customs Administration shall be
Article
13 *
All
exported goods (except crude oil and downstream products thereof
which are subject to special regulations) shall be exempted from
any obligation or foreign exchange repatriation bond.
*In
Compliance with a subsequent amendment to this Article, exportable
goods are currently subject to foreign exchange repatriation bond.
Article
14
The
sum "difference" collected by the Organization for Consumer and
Producer Protection and all funds, except those designated as expenditures
and fees, collected by the Customs Administration in respect of
any foreign goods, materials, components and parts incorporated
in the manufacture, finishing, processing and packaging of export
goods, shall be refunded to the exporter in accordance with a directive
set forth in the ordinance.
Note
1
If any dispute arises between the exporter
and the Customs Administration, the matter shall be referred to
a committee composed of representatives from the Ministry of Commerce,
the Chamber of Commerce, Industries and Mines, the relevant ministry,
the Customs Administration of Iran and the Export Promotion Centre,
for final decision.
Note2
It shall be the duty of the Ministry of Economic
Affairs and Finance to open a [treasury] account in the names of
the Organization for Consumer and Producer Protection and the Customs
Administration of Iran, from which to finance payments herein provided
for. The Ministry shall refund the payments herein referred to,
against presentation, by the exporter, of export certificate or
the receipt issued by the Organization for Consumer and Producer
Protection, after the confirmation of the aforesaid authorities.
Note3
Funds paid in respect of outright customs
clearance of materials and goods, which have been imported for use
in the manufacture of export goods, shall be refundable after the
exportation of the product, at rates ruling at the time of exportation.
Note4
If goods incorporated in the manufacture of
export products are locally produced by using imported materials,
only the funds collected in respect of the imported materials shall
be refundable.
*Note
5
If locally produced goods are sold to organizations
and persons who enjoy exemption in respect of respect of importaton
of similar foreign goods, the payments made on the import of goods,
materials, components and parts shall be refundable to the producer,
in accordance with the provisions of this Article.
sufficient
to relieve the obligation.
Article
15
In
order to simplify the calculation of collectable funds in respect
of any imported goods, the Ministries of Commerce and Economic Affairs
and Finance, having regard to the protection of domestic production,
are bound to consolidate into a unified heading called “Commercial
Benefit”, such collectable levies as commercial benefit tax; the
“difference” payable to the organization for Consumer and Producer
Protection; order registration fee; monopoly right dues; municipal
dues; local municipal dues (Co-operation); Red Crescent dues; asphalt
dues; airport taxes; port charges; health dues; etc., except sums
collectable under customs duties, charges and fees, in respect of
each tariff line, at reasonable rates, and to communicate it to
the Customs Administration for collection.
Article
16
The
manner in which import prices are to be examined for order registration
purpose, shall be laid down in an executive ordinance to be approved
by the Council of Ministers.
Article
17
In
addition to personal effects, an incoming passenger may bring in
goods free of customs duties and commercial benefit tax up to such
ceiling as may be approved by the Council of Ministers. The clearance
of goods falling under this Article shall be permissible, provided
that they are of non-commercial nature.
Note
1
The list of goods accompanying incoming passengers
shall be prepared and promulgated by the Ministry of Commerce.
Note
2
The provisions of this Article shall be applicable
also to passengers arriving in free-trade zones.
Note
3
In addition to personal effects, an outgoing
passenger (whether Iranian or foreign national) may take domestic
manufactures and products without any restriction, provided, however,
that they are not intended for commercial purposes. Outgoing passengers
may also take foreign goods up to the ad valorem threshold specified
under this Article.
Article
18
The
imposition and collection, by provincial and local authorities,
of any dues in respect of any export goods and items are prohibited
and the perpetrators shall be pursued for legal offense.
Article
19
The
government may allocate funds in the annual budgets for the encouragement
of export. Such funds shall be dispensed to exporters to enable
them to benefit from financial facilities, on the Ministry of Commerce
and approval of the Council of Ministers.
Article
20
As
of the beginning of the year 1373 (21 March 1994), the government
shall be required to collect from importers in non-governmental
sectors who import goods for commercial purposes, an additional
levy of I per cent of the total customs duties and commercial benefit
tax as an "especial charge", in respect of any imported goods. Funds
collected thereby shall be credited to the country's general revenue
account. Each year 100 per cent of funds so credited to the general
revenue account shall be included in the annual budget law and allocated
to the relevant executive organizations, with the approval of the
Council of Ministers, to be used for the encouragement and expansion
of non-oil exports, commissioning of the Export Guarantee Fund,
organizing business training and promotional programmes, in accordance
with the executive ordinance of this law.
Article
21
In
order to support domestic products and to formulate the country's
trade policy, the Council of Ministers, having regard to the interests
of consumers, shall draw up the legislative bill on customs duties
in respect of any imported goods, and on the amendment of Article
37 of the Customs Affairs Law, and shall submit them, within two
months from the approval date of this law, to the Islamic Consultative
Assembly for approval.
Article
22
In
order to safeguard the Iranian carpet industry and to provide an,
appropriate ground for its protection on the world markets, the
Ministry of Commerce is required to prevent, as of the beginning
of the year 1374 (21 March 1995), carpets of over 30 knot count
from being exported without an identification card. As of the above
if I mentioned date, the Chambers of Commerce, industries and Mines
shall be required, upon the request of the exporter, to issue Identification
card as a mandatory requirement, and prior to the said date as an
encouragement.
Article
23
It
shall be the duty of the Ministry of Commerce to draw up the executive
ordinance of this law within one month from the date of its communication,
and to have it approved by the Council of Ministers.
Article
24
The
Ministry of Commerce shall be responsible for the orderly enforcement
of this law and the executive ordinance thereof.
The
above Act, composed of twenty-four Articles and twenty-five Notes,
was enacted in the open sitting of the Islamic Consultative Assembly
on Sunday 26 September 1993 (4th of Mehr, 1372) and ratified by
the Council of Guardians on 3 October 1993 (11 th of Mehr 1372).
REGULATIONS
ON EXPORTS,IMPORTS AND CUSTOMS AFFAIRS IN FREE TRADE-INDUSTRUSTRIAL
ZONES
Article
1
In these Regulations, the following terms
are used in lieu of the respective phrases:
Zone:
Each of the Free Trade--Industrial Zones as established by law.
The
Law: The Law on Administration of Free
Trade-Industrial Zones of the Islamic Republic of Iran, enacted
in 1373, and other laws to be enacted in this respect in the future.
Customs
Territory: The state of the Islamic
Republic of Iran, its territorial waters and air space where the
customs export and import laws of the country are fully enforced.
High
Council: The High Council of Free Trade-Industrial
Zones of the Islamic Republic of Iran.
Authority:
The organization of each Free Trade-Industrial
Zone.
Port
and Airport charges: The amount which
an Authority collects from owners of goods and or air freight forwarders
for the provision of port and airport facilities for the purpose
of maritime and air transport and aircraft traffic.
Service
charges: The amounts which the Authority
of each Zone collect for operations, extraordinary testing and tariff
classification, issuance of the certificate of origin and other
services rendered at the time of provisional exportation or importation,
transit, transshipment and returning the goods abroad.
Value
Added: The difference between the price
of the goods and the value of the material used in their production.
Value:
With respect to the goods imported to Free Zones, it is the C.I.F.
price of the goods.
Regulations
on Exports, Imports and Customs Affairs of the Free Zones:
Regulation enforced within framework of the
Law on Administration of Free Zones by an Authority, upon approval
by High Council.
Authority
customs: A division of the organization
of the Zone Authority which is responsible for enforcement of Export-Import
Regulation in each Zone.
Customs
office stationed in a Zone: A division
of the organization of the Iranian customs which is responsible
for enforcement of the export-import regulations.
A.
The importation of goods into Free Trade-Industrial Zones of
the Islamic Republic of Iran.
Article
2
The importation of any kind of goods to each
of Zones is permitted with the exception of the goods which are
prohibited in accordance to Islamic laws or the laws of the country
in which the Zones names are stepulated or are unauthorized in accordance
with special regulations of a Zone.
Note
The importation of goods originally produced
in Israel is prohibited.
Article
3
The Authority is required to communicate to
the Ministry of Commerce and Iranian Customs monthly statistics
of all the goods imported into the Zone for keeping customs statistics,
records.
Article
4
The procedure for the importation of goods
into a Zone, entailing minimum formalities shall be drawn up by
the Authority of a Zone, but in all cases observance of the rules
and regulations pertaining to hygiene, security, culture and standards,
in accordance with the prevailing norms in the Zone, shall be mandatory.
Note
Human hygiene standards shall be set by the
Authority in coordination with the Ministry of Health, Treatment
and Medical Education.
Article
5
Importation of goods into a Zone is authorized
in the following manners and shall be governed by these Regulations:
- Goods
such as construction materials, tools and construction implements
for building, manufacturing, commercial services, housing and
infrastructural purposes (excluding decorative items and furniture)
that enter a Zone from abroad or other parts of the country are,
at the discretion of the Zone Authority and in quantities needed,
exempt from payment of port and airport changes but are subject
to service charges.
- Machinery,
raw materials, components, and parts required for production,
productive equipment and implements, spare parts for producing
machinery for capital transportation vehicles (excluding passenger
cars and leisure boats) are exempt from payment of port and import
changes but are subject to service charges.
- Goods
that enter Zone from abroad or from other Free Zones (excluding
goods specified in paragraph (1) and (2) of this Article) and
are conclusively cleared from customs shall be subject to the
payment of port and airport charge, in the event that the said
good are re-exported solely the port and airport changes shall
be reimbursed.
- Entry
of goods for safekeeping in bonded warehouses for specified period
is authorized. The transfer of such goods to the said warehouses
is subject to internal transit formalities of the Zone concerned
and the use and transport of goods from the said warehouses without
the knowledge and authorization of procedures of the Authority
shall be considered a violation of the Regulations.
- Excepting
the cases where the Authority of a Zone may decide other arrangements,
temporary importation of goods from abroad, other Free Zones of
the country or from the customs territory, for display at fairs
and exhibitions, re-export, re-packaging, separating, grading
and sorting, clearing, mixing and similar purposes is authorized,
subject to the payment of service charges, under the supervision
of the Authority of each Zone. The use or sale of such goods in
the Zone which is imported from abroad, shall be subject to port
and airport charges, based on the value of the goods at the value
date of their entry into the Zones, and the customs formalities
are finalizes.
Note
The goods that enter a Zone from abroad
or from other Free Zones of from other parts of the country for
the purpose of finishing or repair are authorized imports on a
temporary basis and in accordance with the rules of the Zone and
upon payment of service charges but are exempt from port and airport
charges.
The time limit for keeping such goods in
a Zone on a temporary basis shall be a maximum of two years.
- The
entry and unloading of goods in Zone ports as designated by the
Authority for the purpose of transshipment and external transit
are permitted, subject to the payment of service charges and the
completion of required formalities.
- All
the goods transported from abroad destined for the Free Zones
or from Free Zones destined for abroad passing through the mainland
are subject to the regulations and procedures of foreign transit
subject of Article (7) of the Regulations on Customs Affairs Law
which shall be implemented with utmost simplicity and minimum
formalities.
Note
External transit of legally prohibited goods
requires the authorization of the High Council of free Zones.
B.
Exportation and Exit of Goods from the Free Trade-Industrial Zones
of the Islamic Republic of Iran.
Article
6
Upon observance or respective Regulations,
the Authority is authorized to issue certificates of origin for
goods which leave the Zone. The respective official authorities
within the Iranian territory are obliged to accept such certificate
of origin.
Article
7
The exportation of goods from the Free Zones
are subject to the guidelines determined by the Authority within
the framework of these Regulations which shall be implemented with
utmost simplicity and minimum formalities.
Note
The manifest of vehicles leaving a Zone for
the destination of foreign countries, other Free Zones and or other
parts of the country is valid, upon confirmation by the Authority.
Article
8
The Authority is required to report to the
Ministry of Commerce and Iranian customs monthly statistical recordings.
Article
9
The exportation or exit of goods from a Zone
is authorized in accordance with regulations and the following manner:
- The
exportation of goods manufactured in the Zone to foreign countries
of other Free Zones of the country, regardless of whether the
raw materials used in their production are originated from inside
the country, foreign countries or other Free Trade Zones of the
country, is authorized but requires submission of export declaration
form for statistical records keeping.
- The
importation of goods manufactured in the Zone into other parts
of the country is exempt from customs duties and commercial benefit
tax to the extent of their value added plus the value of the raw
materials used therein, customs duties and commercial benefit
tax shall be levied only on imported raw materials and parts used
in such goods.
- The
importation of foreign good (including consumer goods, raw materials,
machinery and other goods) which are shipped intact from a Zone
to other parts of the country is permitted, but their clearance
from customs is subject to observance of the general Export-Import
Regulations and customs regulations of the country.
- The
exportation of domestic goods, if intact, from a Zone to foreign
countries is subject to compliance with the general Export-Import
Regulations of the country;
- The
temporary entry of goods to a Zone from other parts of the country
for the purpose of repairs or finishing which are returned to
the country after finishing or repairs, is authorized and is subject
to the procedures set forth in the Customs Law, they are exempt
from customs duties and commercial benefit tax with respect to
the amount of the wages paid for such repairs and finishing, but
replace or added parts and components and prices of foreign origin
shall be subject to customs duties and commercial benefit tax
on the basis of the general Export-import Regulations of the country;
- The
temporary exit of goods from a Zone to foreign destination or
other parts of the country (excluding the goods that have entered
into a Zone form other parts of the country) is permitted upon
obtaining prior authorization from the authority, such goods are
exempt from port and airport charges when returned to the Zone.
Article
10
The exportation or exit of goods from the premises
of a Zone in any one of the manners mentioned in paragraphs of Article
(9) is subject to the payment of service charges to a Zone, if services
and facilities of the respective Zone are utilized.
C.
Regulations on Goods Accompanying Passengers
Article
11
Travellers, whether Iranian or foreigners,
who directly enter a Zone through authorized airports or ports are
allowed to bring along into a Zone goods (excluding the goods prohibited
by religion or law) to the extent that they are not of commercial
nature and clear them without payment of portand airport changes.
Note
Natural or legal persons intending to reside
in a Zone for more than one year and whose residence is approved
by the Authority are allowed to import into Zone only once their
household appliances and office equipment in reasonable quantities
without payment of port and airport charges.
Article
12
Travellers who depart directly to foreign
destination from a Zone are allowed to take along all goods (excluding
the goods prohibited by religion or Law) without obtaining authorization,
provided that the goods are not of commercial nature.
Note
Sending out antiques, handwritten books, original
cultural objects and various coins is not permitted.
Article
13
Goods accompanying travellers who intend to
leave a Zone for other parts of the country shall be subject to
the general Export-import Regulations of the country.
D.
Regulations on violations
Article
14
The Authority is required to refrain from
clearance from customs the goods whose importation is prohibited
or can not be cleared from customs in accordance with the Zone's
regulations, excluding the religiously or legally prohibited goods,
in which the names of the Free Zones are stipulated if such goods
are declared with full name and complete particulars and specifications
for the purpose of final importation, and must notify importation,
and must notify in writing owner of the goods or his representative
that he must send the goods out of the Zone within a maximum period
of time determined by the Authority. Goods prohibited by religion
or law shall in which the names of the Free Zones are stipulated
be governed by relevant regulations.
E.
Miscelaneous Regulations
Article
15
Wherever, it turns out after customs clearance
of goods, that the funds whose collection is a duty of the Authority
were received in excess of or less than the required amount, the
Authority and the owner of the goods can claim and receive, as the
case may be, the respective defferential within four months from
the date of signing the clearance document of the goods concerned.
Article
16
Air and maritime freight forwarding agencies
and owners or users of transport vehicles are required to submit,
at the time of the entry of the transport vehicles into the authorized
airport, port and or land terminals, to the Authority one photocopy
or copy of the bill of lading relating to each item of the goods
attached to the list of the whole cargo.
Article
17
Control of and supervision over the importation
and exportation of goods from Free Zone to the other parts of the
country shall be the function of Customs Office of the Islamic Republic
of Iran. The head of customs office stationed in a Zone shall be
appointed by the director of Customs Office, upon the proposal by
the Authority.
Note
The control of and supervision over the importation
and exportation of goods from Free Zone to other countries shall
be the function of the Authority Customs Office, in accordance with
these regulations and the relevant legal guidelines.
LAW
FOR TRANSIT OF FOREIGN GOODS VIA IRAN
The
law Concerning Transit of Foreign Goods Via Iran, comprising 26
Articles and 4 Notes, was approved in the course of ICA's open session
held on march 12,1996, ratified by he
guardians Council on March 17 and notified
by the Presidential Bureau as follows:
Article
1: Transit of foreign goods shall mean
the processes through which commodities dispatched from a foreign
point of origin and destined for a third (foreign) country or for
the conded (protected) regions in Iran, Pending its re-export or
transport from Iran at the request of from the same or another border
point.
Note:
Any part of the commodities which may enter a bonded warehouse,
and the owner of which may latter request that same shall be carried
to other destinations within Iran, shall become subject to regulations
applying to imported commodities.
Article
2: To bring order and discipline on
the state transit affairs and to provide the required facilities
for the reasonable distribution of transit goods as well as to collect
the accruing revenues, all transport terminals, railroad and airport
stations that are listed as customs areas as per the Ministry of
Roads and Transportation's (MORT) request and the State Transportation
High Council's (STHC) approval shall be duty-bound as per the
pertinent regulations, to provide the required
facilities for foreign goods transits in the above-mentioned areas.
Article
3: Foreign transit of the goods that
enter Iran under the contracts and letters of agreement signed between
the relevant governments shall not require any permit, unless their
imports are banned for security and religious reasons.
Note
1: The list of goods banned for foreign
transit shall be prepared by the State Security Council and approved
by the Council of Ministers.
Note
2: Foreign transit of livestock, vegetable
and chemical products shall require prior approval of the relevant
authorities.
Article
4: Goods and containers that pass through
Iran as foreign transit goods may not be considered as permanently
imported or exported goods, thus they are subject to special regulation
already foreseen and consented to by transit agreements signed
between the Iranian government and each relevant
country. Otherwise, payment of such duties is already pronounced
mandatory under the international customs and transportation conventions,
in which case the foreign transit goods shall be treated in
accordance with the same special regulations
that are stipulated by each agreement concerned.
Article
5: As regards payment of deposits,
all foreign goods which are transported by international Iranian
transport companies licensed by MORT, shall be treated in accordance
with the regulations of authorized goods. To this end, regular,
for joint and several bank guarantees that international transport
companies submit to this effect, as well as any valid insurance
policies served in lieu of transit deposits, shall be acceptable.
Article
6: In case a foreign transit consignment
fails to reach the exit customs or shall not leave the country vis
a border point within the period specified in the relevant permit,
the validity of its transit shall be deemed to have expired and
the customs house shall make the necessary settlement of accounts
by using the deposit submitted for the goods.
Article
7: Customs houses and to the organizations
concerned shall be duty bound to provide adequate space and storing
lots where the foreign transit goods can be unloaded and stored,
against collection of applicable changes. Any change in the appearance
and packaging of the transit goods shall be solely under supervision
by the customs authorities.
Article
9 : Containers entering the country
with their original seals shall be authorized to transit and leave
the country without contents appraisal with just a transit permit,
provided that their documents and declarations shall always verify
the same and also bear additional seals that the customs may decide
to affix.
Note:
In exceptional cases where customs authorities or disciplinary forces
suspect misappropriation, distrust the accuracy of a declaration
or otherwise, they can break the seals, inspect the contents and
then re-seal the container, by drawing up a process verbally, giving
such details as the result of inspection, container number, details
of the previous seals and the new seals. All such processes shall
be carried out in the
presence of customs representatives.
Article
10: In case transit consignment is
to be transported only up to the point of entry, then the customs
houses and the organizations concerned shall be duty-bound to provide
the required facilities for unloading the goods at customs premises
or on to trucks, rail-wagons and planes, as the case may be.
Article
11: Customs houses are required to
cooperate as much as possible to expedite goods transit process
and for such purpose they shall accept goods declaration attached
to the documents including the clearance note and obtain, prior
to unloading goods
from transport vehicle, a letter of commitment
from the relevant transport company stating that the required procedures
and administration formalities will be performed after the good
leave the customs house and the port.
Article
12: Imposition of any levies on transit
goods shall be proposed by the Transportation High Coordination
Council and approved by the Council of Ministers.
Article
13: For transit of goods from Iran,
it is necessary that the Iranian transport fleet shall be given
top priority for use as much as possible. However, should the use
of foreign road transport vehicles be unavoidable, then the MORT
shall propose a regulation for this purpose to the council of Ministers
for approval.
Article
14: The MORT shall bring about the
required facilities for conclusion of bilateral agreements and render
any regional cooperation that can help facilitate transit of goods.
Article
15: By joining international transport
conventions, direct communication with world organizations and also
encouraging transportation by containers, the MORT shall bring about
the required coordination between the state transit regulations
and other transport norms and regulations applicable at international
level.
Article
16: Transit of vehicles covered by
CARNET TIR within the Iranian territory shall not require any CARNET
DE PASSAGE. For the vehicles not covered by CARNET TIR, a
letter of undertaking from the Iranian transport companies licensed
for operation by
the MORT shall suffice.
Article
17: To ensure the required consistency
and coordination in transit of vegetable and livestock products,
the Ministry of Agriculture and the Ministry of Construction Jihad
shall reach, as quickly as possible, the necessary agreements with
the countries along with the transport route of such commodities.
Article
18: The Ministries of Construction
Jihad and Agriculture shall set up vegetable and livestock quarantine
stations at all entry/exit points. Such stations shall render all
the required quarantine services.
Article
19: The Islamic Republic of Iran Customs
and Iran Chambers of Commerce, Industries and Mines shall provide
the necessary facilities at all entry/exist customs houses, for
transit of goods covered by CARNET TIR.
Article
20: The Central Bank of Iran (CBI)
shall render its financial and credit supports to all Iranian transport
companies operating in transit of foreign goods.
Note:
The MORT, through cooperation with the CBI, shall highlight the
required supportive polices for foreign transits and submit them
to the Council of Ministers for approval.
Article
21: The Passport Department shall issue
passports and exit-booklets for Iranian drivers engaged in transport
of foreign transit goods, within the specified period, as per the
confirmation by the Organization of Transportation and Terminals
(OTT) and with due regard to other pertinent rules and regulations.
Article
22: The IRI's disciplinary forces shall
issue within specified times international licenses, transit plate-numbers
and ownership documents for drivers and trucks operating on international
routes, as per the OTT confirmation.
Article
23: The OTT, by taking into consideration
the time and location exigencies, shall specify, through coordination
with the Interior Ministry, specific routes for transit by road
and the disciplinary forces shall enforce the same.
Article
24: The expenses required for execution
of this Law shall be supplied by the credit sources set forth by
the Law.
Article
25: Any laws or regulation which are
not in conformity with the requirements of this Law shall be considered
null and void from the date the instant Law is notified for
implementation.
Article
26: The general conditions regarding
declaration and attending to be customs formalities and the documents
to be submitted as well as any other relevant matters will be determined
by the Ministry of Road and Transportation, the Ministry of Interior
and Ministry of Economy and Finance within a maximum period of three
months, by including utmost facilities foreseen by the executive
regulations of this Law, to be approved by
the Council of Ministers.
Key
Features of Trade and Exchange System
The
Currency of the Islamic Republic of Iran is the Iranian Rial, and
the exchange system is based on a dual exchange rate structure.
a:
The "oil-notional" rate, is fixed at Rls. 1,.750 per US$, which
applies to part of oil and gas export receipts, which is allocated
to imports of essential goods and services, debt services, and imports
related to large national projects.
b:
The "non-oil export" rate which is applied to non-oil exports receipts
and imports of goods and services and other transactions which are
not carried out at oil-national rate. All non-oil exporters are
granted the right to deposit their foreign exchange proceeds with
banks and receive certificate of deposits (CD). The CDs could be
traded in Tehran Stock Exchange (TSE), sold directly to agent banks
within three months of the issuance of CDs or entitled to 100 percent
importation from a positive list of 77 brad categories of goods.
The non-oil export rate is the rate of certificate of deposits being
traded in TSE. Since
the beginning of the 3rd FYDP (2000-2004), the export rate at Rls.
3000 per U.S.$ has been eliminated.
Exchange
control authority is vested in Bank Markazi Jomhouri Islamic Iran.
All foreign exchange transactions must take place through the banking
system.
Imports
and exports are governed by regulations issued periodically by the
Ministry of Commerce after approval by the Council of Ministers.
According
to these regulations, import goods are divided into "authorized"
, " conditional" and "prohibited" goods. "Authorized" goods require
no special license or permits for importation, while importation
of "conditional" goods require licensing by respective authorities.
"Prohibited" goods are those which are forbidden by Islamic Sharia,
or respective laws. All
imports are subject to import advance payments. Import advance payments
vary from zero to sixty percent, depending on the type of goods,
and creditworthiness of the client. Most imports are subject to
duties including commercial benefit tax. The commercial benefit
tax rates are specified in the Export-Import Regulations by the
authorities each year.
Export
of all products must be undertaken in accordance with the relevant
regulations. Non-oil exporters could either deposit their export
proceeds with the banking system and receive a certificate of deposits
(CD) or sell it directly to agent banks within three months. Since
February 1998, %100 of the non-oil export proceeds that are surrendered
to the banking system could be used by the exporter to import certain
goods listed for this purpose. Exporters may choose to import themselves
or trade the right to import at the negotiated price in TSE.
Persons
needing medical treatment abroad may obtain foreign exchange at
the CD rate unto the amount specified by High Council of the Ministry
of Health. In case the allocated amount does not cover the expenses,
the balance could be allocated at negotiated rate. Foreign exchange
allowances are provided for students holding fellowships at oil-notional
rate by the relevant authorities granting fellowships. For other
students studying abroad foreign exchange will be allocated at CD
rate.
Iranian
nationals traveling abroad may purchase unto 1000 US dollars at
CD rate for first travel. However, for second and third travels
in the same year, travelers may purchase 1000 US dollars at
negotiated rate. Every accompanying person (above 12 years of age)
in group passports, is eligible to purchase unto maximum of U.S.$
500 per person, at the CD rate, and the same amount at negotiated
rate for successive travels in the same year.
Iranian
nationals and foreigners are allowed to hold interest bearing foreign
exchange deposits with authorized domestic banks. Two types of foreign
exchange deposits are permitted, i.e. foreign exchange deposits
of "external origin", and foreign exchange deposits of "domestic
origin". Foreign exchange with external origin could be traded at
negotiated rate.
Balances
of the foreign exchange deposits of "external origin" may be taken
out of the country freely. Foreign exchange deposits bear interest
at LIBOR plus one percentage point.
There
is no limit on the amount of foreign exchange that travelers may
bring into the country. However, for the purpose of repatriation,
the amount should be declared at the time of entry. Iranian travelers
leaving the country must pay an exit fee of Rls. 70,000.
Foreign
investment in Iran is allowed. The right for repatriation of principal
and dividends is guaranteed if the investment is made under the
1955 Law for the Attraction and Protection of Foreign Investment.
As for portfolio investment non-residents may invest in instruments
traded on the Tehran Stock Exchange.
D
ecree On Specific Facilities Determined for Entry Of Goods,
Produced In Special Economic Zones, To Other Parts of The Mainland.
- Importation
of some percentage of goods, produced in the Especial Economic
Zones and the Zones subject to the paragraph "D: of the note 25
of the Law on Second Economic, Social and Cultural Development
Plan of I.R. of Iran, into the country is allowed. The amount
of the goods permitted into the mainland shall be a ratio of total
added value plus materials and domestically produced parts used
in the products, to the total cost price of the produced goods
regardless of any manner of restriction. In addition to that,
it shall neither obligate order registration and letter of credit
opening, nor it is subject to conditional principles of NOT
ALLOWED AND CONDITIONAL ALLOWED.
- The
above ratio, mentioned in paragraph 1 of present decree shall
be fixed by a commission consisting of the representatives of
the ministry relevant to production of the goods envisaged for,
the Ministry of Commerce, Central Bank of I.R. of Iran, Iran's
Customs, secretariat of The High Council of Free Trade and industrial
Zones and the pertinent Free Zone, which shall be convened in
the Secretariat of the High Council of Free Trade and Industrial
Zones.
Note
Procedure for calculating the percentage of
permissible amount of goods, mentioned in paragraph (1) of present
decree shall be as follows:
Percentage
of permissible amount of goods = (Price of goods - CIF price
of imported material and parts)/ price of goods
The
price of the goods to be produced shall consist of the CIF price
of imported goods plus the imported parts and materials.
Note
In all cases, the decision of the commission
subject to this paragraph shall be taken on the basis of the majority
of votes.
The
Iranian Customs shall fix the annual permissible quota of the production
amount of each manufacturing unit upon the discretion of the commission
subject to paragraph (2) of present decree.
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