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THE EXECUTIVE ORDINANCE OF
LAW ON EXPORT-IMPORT REGULATIONS
Having considered the proposal No. 100/64945 of 12.05.1994 (23.10.1373)
made by the Ministry of Commerce, and on the strength of Article 23 of
law on Export-Import Regulation enacted in 1993 (1372), the Council of
Ministers approved at the meetings held on 26,29 March and 02.04.1993
(7,10 and 14.01.1372) the executive ordinance of the aforesaid law, and
the table annexed thereto as follows:
The Standing Committee for
Export-Import Regulations consisting of the representatives of the
Ministry of Commerce, Ministry of Industries, Ministry of Economic
Affairs & Finance (the Customs Administration of the Islamic Republic of
Iran), the Central Bank of the Islamic Republic of Iran, and Iran
Chamber of Commerce, Industries & Mines, shall be responsible for
drafting legal bills and the resolutions of the Council of Ministers,
and the Economic Council, and of the Economic Commission of the Council
of Ministers in the following areas:
1. Bills relating to the
export and import regulations, and occasional bills required for the
amendment and modification of law on Export-Import Regulations.
2. Bills for the abrogation of monopolies which impede the growth of
production or trade.
3. The executive ordinance of Law on
Export-Import Regulations, and occasional amendments and modifications
thereto
4. Amendments and modifications to the customs tariff schedules
annexed to the Export-Import Regulations.
5. Formulation of resolutions of the
Council of Ministers, of the Economic Council, and of the Economic
Commission of the Council of Ministers, in respect of Export-Import
Regulation.
6. The Committee shall also consider,
comments, and act on proposals relating to Export-Import Regulations.
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Note 1
The Committee under this Article shall be set up at the Ministry
of Commerce, and chaired by the deputy Ministry of Commerce. The
secretariat of the Committee shall be located at the said Ministry.
Comments and recommendations of the Committee shall be communicated to
the relevant authorities.
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Note 2
In cases where other ministries are involved in the business
of the Committee, Their representative shall be invited to attend the
meeting, and be entitled to voting right.
Ministry and organizations empowered to approve the importation or
exportation of certain goods, shall notify the Ministry of Commerce, by
the 5th of Dec. (15th of Afar) each year, of their general approach in
respect of importation or exportation of goods concerned to be enforced
in the succeeding year. The aforesaid executive organs may advise the
Ministry of Commerce of their additional comments up to 15th of Brahman
(3rd of February). In exceptional cases where such a general
approval cannot be granted, they are required to notify the Ministry of
Commerce of the relevant reasons, as well as the criteria for the
issuance of license.
Notes. In respect of goods not subject to a general approval-except
for goods which are subject to the approval of the Ministry of Defense&
Armed Forces Logistics-the Ministry of Commerce shall seed the opinion
of the relevant ministry or organization. If the respective organ fails
to respond to the request of the Ministry of Commerce within 15 days
from the date of its receipt, the latter shall be authorized to issue an
individual license.
Ministries and organizations who set standards or certify certain
exports or imports before or after the goods are declared to the
customs, shall inform importers, exporters, and the executive
organizations about their requirements, specifications and name of the
regulatory institute responsible for the enforcement of the said
criteria, by publishing them in the press.
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 Defense &
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.
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.
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.
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 Labor & Social Affairs.
Article 6
In cases where mandatory product standards have
been established for imports and proclaimed through the Ministry of
Commerce, 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.
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