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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:
- 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.
Note l
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 sufficient to relieve the obligation.
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.
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.
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.
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.
* According to the law amending a number of Articles of the law
concerning the third Economic, Social and Cultural Development plan of
the I.R. of Iran, and the manner in which duties and other levies are
established and collected from producers of goods, providers of services
and imported goods, the provisions of this Article have been implicitly
repealed.
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.
* According to the law amending a number of
Articles of the law concerning the third Economic, Social and Cultural
Development plan of the I.R. of Iran, and the manner in which duties and
other levies are established and collected from producers of goods,
providers of services and imported goods, the provisions of this Article
have been implicitly repealed.
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).
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