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Regulation on the Maximum Amount
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Export &
Import Regulation Act
Export & Import
Regulation Act Enacted 26 September, 1993
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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 :
1. Permissible goods: with the observance of the these
goods shall not require a license.
2. Conditional goods: the exportation or importation of
these goods is possible by obtaining a license .
3. Prohibited goods : the exportation or importation of
these goods (purchase, sale or consumption ) is
forbidden under the sacred Islamic Shiea 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 Ministers.
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
marines; 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 ot 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 of Commerce.
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 produced
domestically, having taken into account the internal
requirements and exigencies of the country .
Note 1 :
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 in to
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
Coordination 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
shall not 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
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 months, 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 :
1. Localities or the depth of border tracts, residents
of which are authorized to engage in border trade
business.
2. 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 .
3. The requirements to be met by the aforesaid persons
or groups.
4. 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
percent up to a maximum of 100 percent of customs duties
and commercial benefit tax in the case of public
provisions, and up to a maximum of 50 percent of customs
duties and commercial benefit tax in the case of home
appliances, by the approval of the Council of Ministers
.
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 setup 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 neighboring 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 promissory 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 Regulation .
Note 3 :
The importer shall not be necessarily bound to export
per se, rather the relevant export certificate issued by
the Customs Administration shall be sufficient to
relieve the obligation.
Article 13*
All exported goods (except crude oil and downstream
products there of which are subject to special
regulations) shall be exempted from any obligation or
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
porated in the manufacture, finishing, processing and
packaging of 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 .
Note 2 :
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.
Note 3 :
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.
Note 4 :
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 importation 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.
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 by
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 Ministry of Commerce.
Note 2 :
The provision 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 recommendation
of 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 1 percent
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 percent
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 programs, in
accordance with 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 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 Meher, 1372 ) and
ratified by the Council of Guardians on 3 October 1993
(11th of Mehr 1372). |
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