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On Foreign Economic Activity *

Original Language Title: О внешнеэкономической деятельности*

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On foreign economic activity * chapter i. General provisions article 1. The main purpose of this Act



The main objectives of this law are to provide conditions for effective integration in the world economy, stimulation of development of the national economy in foreign trade activity and ensuring economic security.



 



Article 2. Foreign-economic activity

Under the foreign trade activity is understood as a set of practical actions of bodies of State power and administration, other legal entities and natural persons in Turkmenistan aimed at establishing and developing mutually beneficial economic relations with foreign States, their legal and natural persons, international organizations.
 
Article 3. Turkmen legislation on foreign economic activities 1. Turkmen legislation on foreign economic activity is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
2. The application of the provisions of the present law to relations in the domains of exploration, production and realization of hydrocarbon resources is carried out taking into account the provisions of the law of Turkmenistan "on hydrocarbon resources".
3. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
_ * translated from the official language of Turkmenistan.
Article 4. Foreign economic policy of Turkmenistan 1. Turkmenistan's relations with foreign States in the sphere of foreign-economic activity are based on respect for the universally recognized principles and norms of international law.
2. When implementing the foreign policy of Turkmenistan takes measures to protect the internal market and the interests of domestic producers taking into account the country's international obligations, as well as contributes to the promotion of domestic products in foreign markets.
3. Turkmenistan, in accordance with the legislation of Turkmenistan and the norms of international law shall have the right to participate on a voluntary basis in free trade zones and other inter-State economic entities.
 
Article 5. Basic principles of foreign economic activity in Turkmenistan, the main principles of foreign economic activity in Turkmenistan are: 1) observance of the rights and legitimate interests of the participants of foreign economic activity, domestic producers and consumers of goods;
2) reciprocity in the implementation of foreign economic activity;
3) free enterprise and economic autonomy of subjects of foreign economic activity;
4) equality and non-discrimination of subjects of foreign economic activity;
5) non-interference in the internal affairs of partners on foreign-economic activity;
6) faithful implementation of the commitments made under foreign trade contracts;
7) economic security of Turkmenistan;
8) adherence to the universally accepted norms of international law.
 
 
 
 
Article 6. The main directions of external economic activities of the main directions of external economic activities are: 1) the international economic and financial cooperation;
2) foreign trade activity;    
3) attracting foreign investment;
4) investment activities outside Turkmenistan.
 
Article 7. International economic and financial cooperation, the international economic and financial cooperation is an implementation of foreign economic activities aimed at the establishment and expansion of mutually beneficial relations of the subjects of Foreign Economic Affairs of Turkmenistan with legal and physical persons of foreign States and international organizations in the sphere of production, finance, banking and insurance activities, education and training, tourism, health, scientific, technical, cultural, environmental, humanitarian and other spheres in order established by the legislation of Turkmenistan.  
 
Article 8. Foreign trade activity 1. Foreign trade activity is an activity in the field of international exchange (sale) of goods.
International exchange of goods (purchase and sale) include commodity resources of all kinds, work, services in all sectors of the economy, any property, including intellectual property objects, which are objects of Exchange (sale), with the exception of goods that are prohibited from use in the legislation of Turkmenistan foreign trade activities.
2. Foreign trade activity is carried out by the export and import of goods.


 



 



 

Article 9. Attraction of foreign investments attraction of foreign investments on the territory of Turkmenistan is carried out in accordance with the legislation of Turkmenistan.
 
Article 10. Investment activity outside Turkmenistan

1. investment activities outside Turkmenistan may be carried out in accordance with the law of the State in whose territory those activities are being carried out, international treaties, and also by the legislation of Turkmenistan: 1) create legal entities or participation in their statutory funds (capital);
2) establishment of representative offices, branches and other separate subdivisions outside Turkmenistan, the acquisition of securities, including debt securities issued by residents of foreign States; acquiring concessions, including concessions to search for, development, production or use of natural resources; the acquisition of property rights, as well as the rights of ownership and use of land and other natural resources.
2. Investment activities outside Turkmenistan may be otherwise provided by the law of the foreign State, laws and international treaties to which Turkmenistan is a party.

 
CHAPTER II. STATE REGULATION of FOREIGN TRADE ACTIVITIES Article 11. Authorities exercising State regulation of foreign trade activities of State regulation of foreign trade activity is carried out by the Cabinet of Ministers of Turkmenistan, Ministry of trade and foreign economic relations of Turkmenistan, as well as other bodies of State administration authorities within their competence (hereinafter referred to as competent authorities).
 
Article 12. Competence of the Cabinet of Ministers of Turkmenistan in the field of State regulation of foreign trade activities of the Cabinet of Ministers of Turkmenistan in the field of State regulation of foreign trade activities: 1) defines State policy;
2) publishes the normative legal acts of Turkmenistan;
3) takes measures to ensure economic security and protection of the economic interests of Turkmenistan;
4) concludes international treaties of Turkmenistan;
5) protects the rights and legitimate interests of the participants of foreign economic activity, including foreign investors in the territory of Turkmenistan;
6) exercise other powers in accordance with the legislation of Turkmenistan.
 
Article 13. The competence of the Ministry of trade and Economic Affairs of Turkmenistan in the field of State regulation of foreign trade activities, the Ministry of trade and Economic Affairs of Turkmenistan in the field of State regulation of foreign trade activities: implements, within its competence, public policy; ensure observance of interests of Turkmenistan on the international market in accordance with the international treaties and agreements of Turkmenistan in the sphere of external economic relations; coordinates together with the authorized bodies of foreign economic activity of Foreign Economic Affairs of Turkmenistan and monitors; develops and implements measures to ensure the effective integration of Turkmenistan economy into the world economy; takes measures to ensure the implementation of international treaties and agreements in the field of external economic relations of Turkmenistan, the realization of the rights deriving therefrom of the Turkmen side; organizes informational and analytical support of foreign trade activities; prepares and submits to the Cabinet of Ministers of Turkmenistan proposals on perfection of legislation of Turkmenistan exercise other powers in accordance with the legislation of Turkmenistan.

 
 Article 14. Competence of authorized bodies in the field of State regulation of foreign trade activities 1. The competent authorities in the field of State regulation of foreign trade activities within the limits of their competence: 1) implement: (a)) public policy;
b) measures for the protection of the economic interests of Turkmenistan when carrying out foreign trade activities;
2) prepare and provide to the Cabinet of Ministers of Turkmenistan proposals on perfection of legislation of Turkmenistan;
3) coordinate and regulate the activity of subjects of foreign economic activity;
4) exercise other powers in accordance with the legislation of Turkmenistan.
2. Separation of functions of the authorized bodies shall be carried out on the basis of the laws of Turkmenistan and provisions on these bodies, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 15. Basis for State regulation of foreign trade activities 1. State regulation of foreign trade activities in Turkmenistan is a system of measures established by the State for the implementation of foreign economic policy and the efficient management of foreign trade activities.
2. State regulation of foreign trade activity is carried out by: 1) forming and improving the legislative base;
2) adoption of national development programmes;
3) registration of individuals and legal entities carrying out foreign trade activities;
4) certification of products (works, services);
5) tariff and non-tariff regulation;

6) monetary regulation;
7) tax regulation;
8) for the application of the protection, compensation and other measures for the implementation of the economic interests of Turkmenistan;
9) establishing the modalities for the implementation of foreign trade activity, including quantitative restrictions and State monopoly on export and import of certain types of goods;
10) establish technical, pharmacological, sanitary, veterinary, phytosanitary, ecological requirements;
11) the establishment of export controls on goods and technologies;
12) operational measures regulating foreign economic activity.
3. Measures of government regulation, referred to in paragraph 2 of this article shall apply to all types of economic activity, including direct industrial, scientific, technical and cultural links, border trade, barter transactions conducted by entities of foreign economic activity.
 
 
Article 16. Protection of the domestic market, the interests of domestic producers in order to protect the domestic market, the interests of domestic producers and to prevent discrimination against them, the Cabinet of Ministers of Turkmenistan in accordance with international treaties and in the manner prescribed by the legislation of Turkmenistan, may apply: 1) special countervailing and anti-dumping duties on some imported goods;
2) temporary quantitative restrictions of imports of certain types of goods.

Article 17. Requirements for goods imported into Turkmenistan 1. Imported into Turkmenistan goods must comply with the technical, pharmacological, sanitary, veterinary, phytosanitary and environmental requirements established by the legislation of Turkmenistan.
2. it is prohibited to import goods to Turkmenistan: 1) do not meet the requirements specified in paragraph 1 of this article;
2) do not have a certificate of conformity issued in accordance with the legislation of Turkmenistan.
 
Article 18. Tariff regulation of tariff regulation is the main method of regulation of export and import, carried out through the establishment of import and export duties, as well as excise taxes on goods being moved across the customs border of the State, in the manner prescribed by the legislation of Turkmenistan.
 
Article 19. Non-tariff regulation 1. Turkmenistan applies the laws of Turkmenistan, or installed in accordance with the international obligations of Turkmenistan measures of non-tariff regulation of exports and imports through quotas, application licenses for import and export of certain kinds of goods, the establishment of prohibitions and restrictions, export or import of certain goods.
         2. Turkmenistan applies the non-tariff-based regulatory measures in order to: 1) fulfillment of international treaties to which Turkmenistan is a party;
         2) the protection of life and health of people, respect for public morals and public order;
         3) protection of fauna and flora and natural Wednesday;
         4) the protection of cultural property from illicit export, import and transfer of ownership of them;
         5) prevent the exhaustion of irreplaceable natural resources;
         6) ensure national security;
         7) protection of economic interests of Turkmenistan;
         8) application response to restrictive measures by foreign States.
 
Article 20. Export control 1. In order to protect the national interests of Turkmenistan when carrying out foreign trade activities in arms, military equipment and dual-use goods and technologies, as well as compliance with international obligations in Turkmenistan's export control system is applied.
 2. List of foreign economic activities subject to export controls, as well as their export or transit are established by the Cabinet of Ministers of Turkmenistan.
Article 21. Foreign trade activity statistics Turkmenistan ensures the creation of the State system of accounting and statistics reporting, collection and systematization of a unified methodology, involving commodity nomenclature of foreign-trade activity, statistics comparable at the international level: 1) for external trade trade balance and the State on the basis of State statistical reporting and customs statistics;
2) balance of the State.
 
 
CHAPTER III. The SUBJECTS of FOREIGN ECONOMIC ACTIVITY, their rights and responsibilities Article 22. The subjects of foreign economic activity

1. the subjects of foreign economic activity in Turkmenistan may be persons registered in Turkmenistan as the participants of foreign economic activity: 1) legal persons established in Turkmenistan, in accordance with the legislation of Turkmenistan;
2) legal persons of foreign States, their representative offices and branches, registered in Turkmenistan;
3) natural persons, including foreign persons and stateless persons;
4) international organization.  

The laws of Turkmenistan can be defined entities engaged in foreign trade activities without registering as the participants of foreign economic activity.
2. registration of participants of foreign economic activity is carried out by the Ministry of economy and development of Turkmenistan.
 
Article 23. The rights of subjects of foreign economic activity subjects of foreign economic activity shall have the right to: 1) independently in accordance with the legislation of Turkmenistan, determine the type, shape and direction of participation in foreign trade activities, engage in the prescribed manner on a contractual basis for legal and natural persons for the implementation of foreign economic activity;
2) open accounts with credit institutions of Turkmenistan and (or) of foreign credit institutions in accordance with the legislation of Turkmenistan;
3) independently in accordance with the legislation of Turkmenistan, own, use and dispose of the results of economic activity;
       4) to judicial protection of his rights and legitimate interests from unlawful acts (action or inaction) of State bodies or their officials;
       5) receive from government agencies and their officials, the possession of information which is essential for the realization of their rights and legitimate interests in the sphere of foreign economic activity, if this information is not banned or restricted by the legislation of Turkmenistan.
      Traders may also have other rights in accordance with the legislation of Turkmenistan.
 
Article 24. Responsibilities of participants of foreign economic activity 1. Traders are obliged to: 1) carry out their activities in accordance with the legislation of Turkmenistan, the international treaties of Turkmenistan and international law;
       2) to fulfil the requirements for registration of contracts for the export (import) of goods in the cases stipulated by the legislation of Turkmenistan;
       3) on time and in full in accordance with the laws of Turkmenistan provide for payment of any taxes, fees and other mandatory payments;
       4) obey the rules of detention, execution of foreign trade transactions, as well as changes and additions in them, established by the legislation of Turkmenistan;
5) provide accounting, preparation and presentation of financial and statistical reporting in accordance with the legislation of Turkmenistan;
6) provide the examination works, studies and projects carried out within the framework of international cooperation, for compliance with sanitary, environmental, seismic and other requirements;
7) in the manner prescribed by the legislation of Turkmenistan, to present documents to the relevant State bodies on imported goods to the territory of Turkmenistan, confirming their compliance with technical, pharmacological, sanitary, veterinary, phytosanitary, environmental requirements, approved in Turkmenistan.
2. The subjects of foreign economic activity may have other duties in accordance with the legislation of Turkmenistan.
 
 
CHAPTER IV. SPECIAL CONDITIONS for IMPLEMENTING FOREIGN ECONOMIC ACTIVITY Article 25. Specific legal regimes for implementation of foreign economic activity 1. On the territory of Turkmenistan may be set to a special legal regime for the implementation of certain types of foreign economic activity: 1) in border areas for the implementation of cross-border trade;
         2) in stores operating in the duty-free customs regime, as well as in other paragraphs of duty-free trade;
         3) on the territory of the free economic zones (zones of free enterprise, tourist zones);
         4) on the basis of international treaties to which Turkmenistan is a party-in the framework of the free trade zones and other international entities.
         2. the laws of Turkmenistan can be set tax, customs and other benefits when implementing certain types of foreign economic activity or individual foreign trade operations.

Article 26. Cross-border trade Order implementation of border trade and the relevant limits bordering territories are established in accordance with international agreements and the legislation of Turkmenistan.

Article 27. Stores operating in the duty-free customs regime, as well as other duty-free items stores operating in the duty-free customs regime, as well as other items duty-free trade is determined by the legislation of Turkmenistan.
 
         Article 28. Free economic zones on the territory of Turkmenistan may ustanavlivat′sâosobyj the mode of foreign trade activities (customs, currency, tax, pricing, etc.) for free economic zones (free enterprise zones, tourist zones) created in accordance with the legislation of Turkmenistan.
 
 
Chapter V. INTER-STATE RELATIONS And International Cooperation In The Field Of Foreign Economic Activity
 

Article 29. Ensuring favourable conditions for Turkmenistan access to external markets, through their authorized bodies shall take measures to create favourable conditions for the release of the goods of the domestic producers to the markets of other countries, including engaging in bilateral and multilateral negotiations and concluding international treaties, as well as participating in the establishment and activities of international organizations and of intergovernmental commissions designed to promote trade and economic relations of Turkmenistan with foreign States.
 
 
Article 30. Mission of Turkmenistan in foreign countries on trade and economic issues 1. Turkmenistan on the basis of zakonodatel′stva and international treaties of Turkmenistan creates in foreign States Mission of Turkmenistan on trade and economic issues (trade missions).
2. Sales offices are public bodies representing the interests of Turkmenistan in the host countries in all matters of foreign trade activities and to ensure their protection.
3. Sales offices supervise the subjects of foreign economic activity interests of Turkmenistan abroad.
 
Article 31. Representative offices of foreign States on trade and economic issues in Turkmenistan, representative offices of foreign States on trade and economic issues may be established in Turkmenistan on the basis of international treaties.
 
 
CHAPTER VI. RESPONSIBILITY of SUBJECTS of FOREIGN ECONOMIC ACTIVITY Article 32. Responsibility of subjects of foreign economic activity for its obligations to natural and legal persons who are the subjects of foreign economic activity, meet its obligations property belonging to them, which may be levied in accordance with the legislation of Turkmenistan. The State as a subject of foreign economic activity is liable for its obligations within the limits of the relevant inter-State and intergovernmental treaties and agreements.

 
Article 33. Delineation of responsibilities of the State and entities of foreign economic activity of the State is not liable for the obligations of natural and legal persons-participants of foreign economic activity, as well as the natural and legal persons are not liable for the obligations of the State.
 
 
CHAPTER VII. FINAL PROVISIONS Article 34. Insurance in foreign economic activity 1. Insurance in foreign economic activities in the territory of Turkmenistan is carried out in accordance with the legislation of Turkmenistan in the field of insurance.
2. Turkmenistan, in order to stimulate exports could participate in the system of insurance of export risks.
3. Insurance against business risks in foreign trade activities is on a voluntary basis.
 
Article 35. Suspension and termination of external economic activities 1. Foreign economic activity of entities referred to in the first paragraph of article 22 of this law can be suspended, the appropriate authority in the following cases: 1) violations of the law of Turkmenistan on foreign economic activity, non-compliance with the provisions of international treaties to which Turkmenistan is a party, as well as violations of the laws of the foreign States to territories constitute economic or political damage to Turkmenistan;
2) implementation of foreign economic operations involving violation of statutory capacity, as well as unauthorized barter;
3) misrepresentation in advertising, customs, monetary and registration documents;
4) If you have information about the involvement in terrorist activities (or the financing of terrorism, extremist activity);
5) if there are sufficient grounds to substantiate the implementation of or attempted money laundering criminal proceeds.
2. The decision to suspend can be changed or canceled when addressing the reasons which caused it.
3. Decision on the termination of foreign economic activity may be appealed in court.
4. termination of foreign economic activity subjects of foreign economic activity can be performed independently or by decision of a court on grounds provided for by the legislation of Turkmenistan.
 
Article 36. Settlement of disputes 1. Disputes arising from the implementation of foreign economic activity, shall be settled contractually.
2. in case of absence in the Treaty provisions governing the settlement of disputes, applicable law and venue shall be determined in accordance with the universally recognized norms of international law.
3. participants of foreign economic activity Disputes with State authorities shall be resolved in accordance with the law and international treaties to which Turkmenistan is a party.

Article 37. Responsibility for violation of this Act, the violation of this law entails responsibility established by the legislation of Turkmenistan.

Article 38. The entry into force of this Act

1. This law shall enter into force on the day of its official publication.
2. the void: the law of Turkmenistan on May 19, 1992 "on foreign economic activity in Turkmenistan" (records of the Mejlis of Turkmenistan, 1992, no. 5, p. 36);
The law of Turkmenistan on April 12, 1993 "on introducing changes and additions into the law of Turkmenistan" on foreign economic activity in Turkmenistan "(records of the Mejlis of Turkmenistan, 1993, no. 4, art. 35) Turkmen President Gurbanguly Berdymuhamedov. mountains. Ashgabat August 16, 2014 year no. 103-V.