Ministries and organizations
who are responsible for issuing human, animal, and plant health certificate,
and for confirming the conformity of products to standards which are
prerequisite for the importation, but not deemed as an import license, shall be
required to take action to issue the relevant certificate, regardless of
whether they approve or reject the importation or exportation of the goods
being considered.
Having regard to the provisions of Articles I and 8 of the Export-Import Law, hereinafter referred to as "the Law", the entry of all importable goods, except for the following cases, whether imported by the governmental or non-governmental sector, shall be subject to order registration and import licensing by the Ministry of Commerce, with due regard to the observance of other relevant conditions.
" Exceptional cases "
1. Goods required by the households residing
in frontier zones, and their cooperative companies; and by sailors and vessel
crew, as per and within the limits of the list set out in this ordinance. The
Customs Administration shall be required to forward, at the end of each month,
a statistical report of imports made under this paragraph to the Ministry of
Commerce, according to the format drawn up by the Ministry.
2. Specific military goods as confirmed by the Minister of Defence &
Armed Forces Logistics, as well as specific goods of the Atomic Energy
Organization as confirmed by the Head of the Atomic Energy Organization.
3. Goods accompanying the incoming passengers within the limits laid
down in this ordinance, and as per the list proclaimed by the Ministry of
Commerce.
4. Goods imported through mail within such limits as may be specified in
this ordinance.
5. Commercial and manufacturing samples within such limits as may be
specified in this ordinance.
Note 1. Goods donated according to the
provisions of paragraph 9 of Article 37 of Customs Affairs Law shall be subject
to the inspection of the Ministry of Commerce, only to ascertain their
conformity to the relevant law, provided that they do not have a commercial
attribute ( with the exception of goods donated by foreign governments,
persons, and institutions as well as international organizations to foreign
refugees and victims of unexpected disasters in Iran). However, in compliance
with the provisions of the note of paragraph 20 of Article 37 of the aforesaid
law, such goods shall not be subject to import licensing as provided for by the
Government.
Note 2. Import licensing and order
registration by the Ministry of Commerce shall be sufficient to clear the
goods, without any need for a separate clearance permit from the same Ministry.
However, requirements such as sanitary certificate from the Ministry of Health
Treatment & Medical Education or the Veterinary Organization, phytosanitary
certificate from the Plant Protection Organization, the standards certificate
from the Institute of Standards & Industrial Research, etc. are legally
compulsory, and not subject to the provisions of Note I of Article 8 of the
Law. To endorse the product quality, such certification shall require the
inspection of goods in the origin, or after they enter customs.
Note 3. In respect of goods imported by workers and Iranians employed in foreign countries, the procedure for order registration shall be specifically determined by consultation between the Ministry of Commerce and the Ministry of Labour & Social Affairs.
In cases where mandatory product standards
have been established for imports and proclaimed through the Ministry
ofCommerce, as well as in the case of other standards and criteria provided for
in Article 3 of this ordinance, importers shall be required to assert them in
purchase contracts and import registration papers, and to instruct the supplier
to ensure that goods dispatched comply with the prescribed standards. Moreover,
importers must make payments conditional on inspection certificate testifying
that goods conform to the standards and norms shown on the transaction
documents. The Ministry of Commerce and the bank are required to refrain from
statistical registration as well as issuance of import permit and order
registration of those imported goods whose invoice and other order registration
papers do not comply with the aforesaid standards and criteria as the case may
require.
Regulations
and guidelines of the country's banking system concerning merchandise imports
and exports, as well as regulations and guidelines of the High Council for
Co-ordination of National Transportation, the High Council of Insurance, and
conditions for issuing the certificates referred to in Article 6 above, which
are issued by the - responsible ministries and organizations within the context
of their functions and powers, and released through the Ministry of Commerce within
three days, shall be a part of the merchandise import and export criteria, and
must be mandatorily observed in respect of all importable and exportable goods.