APPENDIX V
EXPORT - IMPORT REGULATIONS
ACT ENACTED 26 SEPTEMBER, 1993 (04.07.1372)
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 relevant criteria,
the exportation or importation of these goods shall not require a license.
2. Conditional goods: the exportation of 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 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 by 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
Labor 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 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 of Commerce.
Article 5
All productive ministries are required to forward to the Ministry of
Commerce, not later than the 4th of February (15 th 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 1: Other relevant organizations and the Chamber
of Commerce, Industries and Mines may send in to the Ministry of Commerce,
not later than the 4 th 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 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 good 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 form 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 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.
Note1: 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 percent 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 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 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 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
Regulations
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 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 Center, 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 lin, 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 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 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 programs, 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 mentioned date, the Chambers of
Commerce, Industries and Mines shall be required, upon the request of the
exporter, to issue identification cad 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 (4 th of Mehr, 1372) and ratified by the Council
of Guardians on 3 October 1993 (11th of Mehr 1372).