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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 mandatory observed in respect of all importable and
exportable goods.
A.
Legally prohibited goods are those the importation or exportation of which has
been prohibited by laws.
B.
Goods prohibited by the government include all items which have been
proclaimed as non-permissible according to the table appendixes to the Export
-Import Regulations, or other resolutions passed by the government.
Article 9
Any commercial transaction with the usurper regime of Sods is prohibited.
Article 10
For the purpose of Article 3 of the Law, the criteria for determining the
commercial attribute of imports, and the manner in which the Commercial Card is
issued, extended, cancelled, or waived are declared as follows:
1) Criteria for
determining the commercial attribute of goods.
Goods which are imported or exported for sale at the discretion of the Customs
Administration, shall be considered commercial irrespective of whether they are
sold in the original form, or after having undergone productive processing,
separation and packaging.
- Following cases shall not be viewed as commercial:
(I)
Commercial and production-related samples, and samples for inspection .nod
testing in such quantity as can be reasonably regarded by Customs as a sample.
(ii)
Machinery, equipment, components and parts required by the productive units who
do not hold a commercial card but import by the approval of the Ministry of
Commerce to meet their requirements as necessary.
(iii)
Import and export of goods by executive organs who act in compliance with their
duties, and for the purpose of achieving the objectives of their organization,
and meeting their needs with the notification of the Ministry of Commerce. In
specific cases which the Ministry of Commerce regards the imports as having
commercial attribute, it will inform the Council of Ministers accordingly.
(iv)
Export of goods by novice exporters, for a maximum period of 6 months from the
inception of their business, subject to licensing by the Ministry of Commerce .
(v)
Appliances and supplies required by research, scientific, medical, educational,
and laboratory units; catalogues, brochures, and booklets containing technical
and commerce al specification of goods; technical blueprints; samples of no
inherent value; and goods required by contractor s and consultants, at the
discretion of the Ministry of Commerce.
2) The manner in which the Commercial Card shall be issued:
The Commercial Card shall be issued by the branches of the Iran Chamber of
Commerce, Industries & Mines in Tehran or the provinces to the applicants who
meet the following conditions. The d shall be valid for 5 years upon the
approval of the Ministry of Commerce.
·
Note
All cooperative companies shall obtain their Commercial Cards exclusively from
the Chamber of Cooperation of the Islamic Republic of Iran. 2.1. Iranian natural
persons.
2.1.1.
To be passed 21 years
of
age.
2.1.2.
To hold a certificate of completion of, or exemption from, the militia
service for men.
2.1.3.
To have a background of 3 years in commercial or productive ac invitees as
confirmed by two persons holding Commercial Card, or to produce university
education credent ales, or to hold a production license issued by a ministry
dealing with production affairs.
2.1.4.To possess a place
of
business, whether owned or leased , suitable
are
the
particular line
of
activity.
2.1.5.
To hold legal books, and business registration form.
2.1.6.
To maintain a checking account at one of the domestic banks.
2.1.7.
Not to have an employment connection with the state ministries, or
animations.
2.1.8.
Not to be an involuntary, or fraudulent bankrupt. 2.1.9. Not to have an
effective penal conviction.
2.2.
Non-lanai natural persons
2.2.1.
To meet all conditions required from Iranian persons, excluding the certificate
of completion of, or exemption from the military service.
2.2.2.
To hold valid work and residence permits.
2.2.3.
Reciprocal treatment of Iranians residing in the foreigner's country of
allegiance. In particular cases where the issuance of a Commercial Card
regardless of the reciprocity of the applicant's country of allegiance is deemed
necessary by the Ministry of Commerce, the Ministry may authorize the Chamber to
issue a Commercial Card to this category of applicants, without making it
conditional on reciprocal treatment.
2.3.
Juridical persons (whether incorporated and registered in Iran, or incorporated
abroad and then registered in Iran).
2.3.1.
The managing director and chairman of the board of directors of the
company shall be required to satisfy the conditions set forth in paragraphs
2.1.1,2.1.2,2.1.7 ,2.1.8, 2.1.9,2.2.2 and 2.2.3.
2.3.2.
The management of cooperative companies, state enterprises, and companies
covered by the Industrial Protection Law shall not be subject to the limitations
referred to in paragraph 2.1.7.
2.3.3.
Managers of state enterprises, companies owned by the revolutionary
organs, and those covered by the Industrial Protection Law who have been
appointed by state organizations or the relevant organs, shall be exempted from
producing the certificate referred to in paragraph 2.1.9.
2.3.4.
The company must also satisfy the requirements set forth in paragraphs
2.1.4,2.1.5,2.1.6, and2.1.8.
3) How to extend a Commercial Card
To extend the validity of a Commercial Card, the holder, or his representative,
shall be required to apply to the Chamber of Commerce, Industries & Mines, or of
Cooperation as appropriate, submitting the following documentation:
3.1.
A certificate from the relevant tax department showing that the holder has
secured the approval regarding payment of the finalized tax liability for the
most recent tax year.
3.2.
In cases where the holder of the card is a juridical person, a notice
published announcing changes, if any, in the company's management as well as
other changes. The holder should then refer to the Ministry of
Commerce to have the extension approved. The card shall be valid as of the
extension date.
4) Exemption from the Commercial Card
4.1.
Cooperative companies formed by the inhabitants of frontier zones, in
respect of imports required by households residing in frontier zones, as per the
relevant list and within the limits specified therein regarding the number,
quantity and value of such imports. Export of goods in return for imports.
4.2.
Iranian sailors employed on vessels commuting between Iranian shores and
other countries, in respect of imports required by their families, within the
limits specified regarding the number, quantity and value.
4.3.
Peddlers [hawkers], for the importation of importable goods required in
their province, or the neighbouring provinces, provided that they hold a
peddling card, and an import permit from their local Department of Commerce in
the respective city or province.
4.4.
Iranian workers employed abroad, provided that they hold an employment
record from the Ministry of Labour & Social Affairs, as per the relevant list,
and within the limits contained therein regarding the number, quantity and value
of such imports.
4.5.
Goods imported or exported not to be so Id, as confirmed by the Customs
Administration.
5) Dispute settlement between the applicant of a Commercial Card and the
Chamber of Commerce, Industries & Mines, or of Cooperation:
If any dispute arises between the applicant of a Commercial Card, and the
Chamber of Commerce, Industries & Mines or of Cooperation, either one of the
parties may refer it to the Ministry of Commerce for final decision, while
stating the reasons in support of the claim.
6) If, after the issuance of the Commercial Card the Ministry of Commerce
becomes aware, beyond doubt, that the holder failed to satisfy one or several of
the conditions, or that he has been disqualified of one or more of the
conditions since the issuance of the Card, it may directly act to cancel the
Card, and notify the Chamber of
Commerce, Industries & Mines, or of Cooperation as relevant. However, if either
one of the Chambers happens to learn of such a case, it must advise the Ministry
of
Commerce to cancel the Card.
Goods which become prohibited in
accordance with the table appendixed to this ordinance, or by specific
government resolutions, as well as goods the entry condition of which becomes
subject to more restriction, may be cleared according to regulation applicable
before the prohibition or the change in entry condition, provided that they
satisfy one of the following conditions:
1. The goods should have been
existent at customs before becoming prohibited by the government or subject to
the restricted entry condition. Such goods should have been duly entered in the
customs books
2. The documentary credit for
the goods must have been opened prior to becoming prohibited by the government
or subject to restricted entry condition. Also, the bill of lading must have
been issued prior to the expiry date of the credit.
3. The import order for the
goods should have been registered at an authorized bank through documentary
bill, and the acceptance by the importer written before the goods became
prohibited, or subjected to restricted entry condition. In addition, the first
bill of lading should have been issued prior to the expiry of the order
registration. The goods should have been imported into the country within the
time limits specified in paragraph 4 of this Article.
4. In the case of imports
without transfer of foreign exchange (without the banking system being obligated
to pay) which are licensed according to the regulations applicable prior to the
prohibition or change in the entry condition, if the first bill of lading is
issued prior to the prohibition or change in entry condition, and the goods are
entered into the country, the following time limits shall apply:
(a) If shipped by air, within a
maximum period of 20 days from issuance date of the first bill of lading.
(b) If shipped by sea, land, or
combined sea and land, the time limit from issuance date of the first bill of
lading shall be as follows:
(1) In the case of goods
imported from the Persian Gulf Arab countries and emirates, and neighbouring
countries, 20 days.
(2) In the case of goods
imported from other countries by land 40 days, by sea or sea and land 55 days.
In the case of goods falling
into this Article, if an import license is obtained from the Ministry of
Commerce before the effective date of prohibition or change in the entry
condition, the bill of lading should be issued within the time limit specified
in the license, and goods imported within the periods stipulated in paragraphs
(a) and (b) above. Note 2. Exceptional cases shall be subject to the approval of
the Committee referred to in Article 1.
Shipment of the country's export goods by foreign means of
transportation is permissible, and requires no license from the High Council for
the Coordination of National Transportation, or the Ministry of Roads &
Transportation.
Note. The Ministry of Roads &
Transportation (the High Council for the Coordination of National
Transportation) shall devise incentives, using economic methods, to encourage
Iranian means of transportation to haul export goods.
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