According to customs laws & regulations
the value of goods and commodities
entering Iranian customs is calculated
on the basis of the CIF value plus
registration fees plus all other
expenses and charges applicable to goods
and commodities in question until their
arrival to the first port of entry.
Furthermore, this calculation is done on
the basis of the documents submitted by
the owner of the goods and commodities
and on a floating rate of exchange
basis. Some important exemptions and
limitations concerning clearance of
goods from Iranian customs is mentioned
below.
Support of Domestic Production :
Where domestic production for a
particular product dose not meet the
market needs within the country, special
permits are granted for limited
importation of certain goods. In fact
this permit is a way of putting ration
on importation of goods where a
specified ceiling is set on the value,
weight and quantity of imported goods
and commodities.
As indicated in the tables annexed to
the Import and Export Regulations, the
import of certain goods and materials to
the country is permitted on condition
that there is no domestic production for
the goods and materials in question. In
such cases obtaining the required
certificate of “No Domestic Production”
for importation of the said goods is
necessary. The conditions applicable to
imported goods are based on Harmonized
System Tariffs.
Exemptions:
Customs exemptions are in fact exemption
from partial or full payment of customs
tax and duties on imported goods &
commodities. These exemptions are
determined according to special rules
and regulations. The cases where customs
exemption is permitted mainly include:
1. Export packing equipments temporarily
imported into the country are exempted
from customs tax and duties on condition
that the packed goods are actually
exported out of the country.
2. All machineries imported for the
purpose of agricultural husbandry,
industrial, mining and packing are
exempted from customs tax and duties.
3. All agricultural equipments and
machineries and their spare parts are
exempted from customs tax and commercial
benefit tax if a) they have been
imported to the country according to
general regulations prevailing export -
import activities b) they are not
manufactured domestically and c) the
Ministry of Agriculture assesses and
confirms their importation.
4. All producing machineries which have
been imported by eligible producing,
industrial and miningunits and upon the
approval of the Ministry of Industries
are exempted from customs duties
andcommercial benefit tax upon
confirmation of the aforementioned
ministry.
6. Upon suggestion of the producing
ministry and the approval of the
government, discount or general
exemption will be given on customs tax &
duties and commercial benefit tax
relevant to raw materials and spare
parts of industrial and agricultural
machinery, electric &
electronicequipments, and transportation
vehicles which have been imported by
domestic factories and completed,
assembled or manufactured in the same.
7. The raw materials and packing
equipments which are imported into the
country for producing drugs, and by
factories which are/will be established
with the permission of The Ministry of
Health, Treatment & Medical Education or
the General Department Veterinary, and
produced in the name of the same
factories, with regard to the relevant
rules and regulations, will be liable to
the same tariff as those medicines which
are manufactured outside the country,
unless, a lower customs tax is
appreciated in the tariff table and the
matter is approved by the concerned
ministries and organizations.
8. Raw materials including chemical
productions, ordinary metals, parts and
equipments of the textile, road,
agriculture and mining industry, and
production machineries in different
fields ofindustry and mining, and
laboratory, scientific, technical and
research instruments are eligible to
enjoy certain exemptions as determined
by the Harmonized System of Coding.
Customs Tariffs:
The customs tariffs and duties, and
commercial duties of commodities are as
follows:
|
commodity (permitted/contingent) |
tariff (%) |
|
chemical industry products
ordinary metals & relevant
products measurement instruments
medical equipments and the like |
10 |
|
food industry mining raw
production leather industry
paper and wood fabrics
mechanical machinery |
15 |
|
agricultural raw production
electric machinery
transportation vehicles & parts
non permitted commodities |
25
25-50
|
Restrictions (Import)
Restrictions on the importation of goods
and commodities to the country are
divided into three broad categories:
(a) Religious restrictions concerning
those goods and commodities which are
forbidden by Islamic laws.
(b) Legal retractions concerning the
importation of guns, ammunition, drugs,
non - standard and unhealthy goods or
goods contaminated with radio- active
materials.
(c) Economic restrictions supporting
domestic industries and productions
including :
(1) restrictions on materials and goods
for which there is adequate domestic
production.
(2) restrictions on unnecessary and
luxurious goods and commodities.
EXPORT
In line with its policy concerning the
promotion of exports and expanded
presence of domestic manufacturers in
the international markets, the
government of the Islamic Republic of
Iran has prescribed special incentives
and exemptions on the export of goods
and commodities. According to Article 33
of Implementing Regulations (1994) of
the Export - Import Law, the assessment
of export tariffs is carried out by the
Pricing Committee. Exporters should fill
the relevant customs clearance forms
accordingly. However, it is evident that
exporters have the right to express
their views on the pricing of their
goods and commodities.
Restrictions (Export):
Restrictions on the export of goods are
as follows:
1. Religious restriction on the export
of goods which are forbidden according
to Islamic Laws.
2. Legal restrictions which are
implemented based on the prevailing
situation.
Support of Domestic Production:
The limitations placed on certain export
goods in the country are mainly for the
protection of domestic consumers and
include those consumer goods or domestic
industries for which there is inadequate
domestic production.
Exemptions:
According to the Law on Drawback of
customs tax & duties on machine made
productions of domestic factories
(1966), Article 14 of the Export -
Import Law (1993) and Article 25 of the
Implementing Regulations (1994) of the
same, all taxes and duties collected by
the Organization for the Protection of
Consumers & Producers, on all goods,
materials and parts used in the
production of exported goods will be
paid back to the exporter. It should be
noted that the Drawback rate is based on
the tariff and value of materials and
parts at the time when export is made.
EXPORT IMPORT
REGULATIONS ACT
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:
-
Permissible goods: with the
observance of the relevant criteria,
the exportation or importation of
these goods shall not require a
license.
-
Conditional goods: the exportation
or importation of these goods is
possible by obtaining a license.
-
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 be drawn up by the Ministry
of Commerce and approved by the Council
of Minister.
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
mariners; hawkers; and workers residing
abroad and holding employment records
issued by the Ministry of Labour 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 the 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 ofCommerce.
Article 5
All productive ministries are required
to forward to the Ministry of Commerce,
not later than the 4th of February (15th
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.
Note1
Other relevant organizations and the
Chamber of Commerce, Industries and
Mines may send in to the Ministry of
Commerce, not later than the 4th 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 Co-ordination
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 goods 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 from 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 month, 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:
-
Localities or the depth of border
tracts, residents of which are
authorized to engage in border trade
business.
-
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.
The requirements to be met by the
aforesaid persons of groups.
-
Conditions for exportation and
importation of goods and fulfillment
of obligations.
Note 1
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 per cent
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
Ministries.
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
neighbouring 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 promisory 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 pro se, rather the relevant
export certificate issued by the Customs
Administration shall be
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.
*In Compliance with a subsequent
amendment to this Article, exportable
goods are currently subject to 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 Centre,
for final decision.
Note2
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.
Note3
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.
Note4
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 respect of importaton 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.
sufficient to relieve the obligation.
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 line, 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 provisions 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 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 I 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 programmes, 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 if I mentioned date, the
Chambers of Commerce, industries and
Mines shall be required, upon the
request of the exporter, to issue
Identification card 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 (4th of Mehr, 1372)
and ratified by the Council of Guardians
on 3 October 1993 (11 th of Mehr 1372).
REGULATIONS ON EXPORTS,IMPORTS AND
CUSTOMS AFFAIRS IN FREE
TRADE-INDUSTRUSTRIAL ZONES
Article 1
In these
Regulations, the following terms are
used in lieu of the respective phrases:
Zone:
Each of the
Free Trade--Industrial Zones as
established by law.
The Law:
The Law on
Administration of Free Trade-Industrial
Zones of the Islamic Republic of Iran,
enacted in 1373, and other laws to be
enacted in this respect in the future.
Customs Territory:
The state
of the Islamic Republic of Iran, its
territorial waters and air space where
the customs export and import laws of
the country are fully enforced.
High Council:
The High
Council of Free Trade-Industrial Zones
of the Islamic Republic of Iran.
Authority:
The organization
of each Free Trade-Industrial Zone.
Port and Airport
charges:
The amount which an Authority collects
from owners of goods and or air freight
forwarders for the provision of port and
airport facilities for the purpose of
maritime and air transport and aircraft
traffic.
Service charges:
The amounts
which the Authority of each Zone collect
for operations, extraordinary testing
and tariff classification, issuance of
the certificate of origin and other
services rendered at the time of
provisional exportation or importation,
transit, transshipment and returning the
goods abroad.
Value Added:
The
difference between the price of the
goods and the value of the material used
in their production.
Value:
With respect to the goods imported to
Free Zones, it is the C.I.F. price of
the goods.
Regulations on Exports, Imports and
Customs Affairs of the Free Zones:
Regulation enforced within framework of
the Law on Administration of Free Zones
by an Authority, upon approval by High
Council.
Authority customs:
A division of the organization of the
Zone Authority which is responsible for
enforcement of Export-Import Regulation
in each Zone.
Customs office
stationed in a Zone:
A division of the organization of the
Iranian customs which is responsible for
enforcement of the export-import
regulations.
A. The importation
of goods into Free Trade-Industrial
Zones of the Islamic Republic of Iran.
Article 2
The importation of
any kind of goods to each of Zones is
permitted with the exception of the
goods which are prohibited in accordance
to Islamic laws or the laws of the
country in which the Zones names are
stepulated or are unauthorized in
accordance with special regulations of a
Zone.
Note
The importation of
goods originally produced in Israel is
prohibited.
Article 3
The Authority is
required to communicate to the Ministry
of Commerce and Iranian Customs monthly
statistics of all the goods imported
into the Zone for keeping customs
statistics, records.
Article 4
The procedure for
the importation of goods into a Zone,
entailing minimum formalities shall be
drawn up by the Authority of a Zone, but
in all cases observance of the rules and
regulations pertaining to hygiene,
security, culture and standards, in
accordance with the prevailing norms in
the Zone, shall be mandatory.
Note
Human hygiene
standards shall be set by the Authority
in coordination with the Ministry of
Health, Treatment and Medical
Education.
Article 5
Importation of
goods into a Zone is authorized in the
following manners and shall be governed
by these Regulations:
-
Goods such as construction
materials, tools and construction
implements for building,
manufacturing, commercial services,
housing and infrastructural purposes
(excluding decorative items and
furniture) that enter a Zone from
abroad or other parts of the country
are, at the discretion of the Zone
Authority and in quantities needed,
exempt from payment of port and
airport changes but are subject to
service charges.
-
Machinery, raw materials,
components, and parts required for
production, productive equipment and
implements, spare parts for
producing machinery for capital
transportation vehicles (excluding
passenger cars and leisure boats)
are exempt from payment of port and
import changes but are subject to
service charges.
-
Goods that enter Zone from abroad or
from other Free Zones (excluding
goods specified in paragraph (1) and
(2) of this Article) and are
conclusively cleared from customs
shall be subject to the payment of
port and airport charge, in the
event that the said good are
re-exported solely the port and
airport changes shall be reimbursed.
-
Entry of goods for safekeeping in
bonded warehouses for specified
period is authorized. The transfer
of such goods to the said warehouses
is subject to internal transit
formalities of the Zone concerned
and the use and transport of goods
from the said warehouses without the
knowledge and authorization of
procedures of the Authority shall be
considered a violation of the
Regulations.
-
Excepting the cases where the
Authority of a Zone may decide other
arrangements, temporary importation
of goods from abroad, other Free
Zones of the country or from the
customs territory, for display at
fairs and exhibitions, re-export,
re-packaging, separating, grading
and sorting, clearing, mixing and
similar purposes is authorized,
subject to the payment of service
charges, under the supervision of
the Authority of each Zone. The use
or sale of such goods in the Zone
which is imported from abroad, shall
be subject to port and airport
charges, based on the value of the
goods at the value date of their
entry into the Zones, and the
customs formalities are finalizes.
Note
The goods that
enter a Zone from abroad or from
other Free Zones of from other parts
of the country for the purpose of
finishing or repair are authorized
imports on a temporary basis and in
accordance with the rules of the
Zone and upon payment of service
charges but are exempt from port and
airport charges.
The time limit for keeping such
goods in a Zone on a temporary basis
shall be a maximum of two years.
-
The entry and unloading of goods in
Zone ports as designated by the
Authority for the purpose of
transshipment and external transit
are permitted, subject to the
payment of service charges and the
completion of required formalities.
-
All the goods transported from
abroad destined for the Free Zones
or from Free Zones destined for
abroad passing through the mainland
are subject to the regulations and
procedures of foreign transit
subject of Article (7) of the
Regulations on Customs Affairs Law
which shall be implemented with
utmost simplicity and minimum
formalities.
Note
External transit
of legally prohibited goods requires the
authorization of the High Council of
free Zones.
B. Exportation and
Exit of Goods from the Free
Trade-Industrial Zones of the Islamic
Republic of Iran.
Article 6
Upon observance or
respective Regulations, the Authority is
authorized to issue certificates of
origin for goods which leave the Zone.
The respective official authorities
within the Iranian territory are obliged
to accept such certificate of origin.
Article 7
The exportation of
goods from the Free Zones are subject to
the guidelines determined by the
Authority within the framework of these
Regulations which shall be implemented
with utmost simplicity and minimum
formalities.
Note
The manifest of
vehicles leaving a Zone for the
destination of foreign countries, other
Free Zones and or other parts of the
country is valid, upon confirmation by
the Authority.
Article 8
The Authority is
required to report to the Ministry of
Commerce and Iranian customs monthly
statistical recordings.
Article 9
The exportation or
exit of goods from a Zone is authorized
in accordance with regulations and the
following manner:
-
The exportation of goods
manufactured in the Zone to foreign
countries of other Free Zones of the
country, regardless of whether the
raw materials used in their
production are originated from
inside the country, foreign
countries or other Free Trade Zones
of the country, is authorized but
requires submission of export
declaration form for statistical
records keeping.
-
The importation of goods
manufactured in the Zone into other
parts of the country is exempt from
customs duties and commercial
benefit tax to the extent of their
value added plus the value of the
raw materials used therein, customs
duties and commercial benefit tax
shall be levied only on imported raw
materials and parts used in such
goods.
-
The importation of foreign good
(including consumer goods, raw
materials, machinery and other
goods) which are shipped intact from
a Zone to other parts of the country
is permitted, but their clearance
from customs is subject to
observance of the general
Export-Import Regulations and
customs regulations of the country.
-
The exportation of domestic goods,
if intact, from a Zone to foreign
countries is subject to compliance
with the general Export-Import
Regulations of the country;
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The temporary entry of goods to a
Zone from other parts of the country
for the purpose of repairs or
finishing which are returned to the
country after finishing or repairs,
is authorized and is subject to the
procedures set forth in the Customs
Law, they are exempt from customs
duties and commercial benefit tax
with respect to the amount of the
wages paid for such repairs and
finishing, but replace or added
parts and components and prices of
foreign origin shall be subject to
customs duties and commercial
benefit tax on the basis of the
general Export-import Regulations of
the country;
-
The temporary exit of goods from a
Zone to foreign destination or other
parts of the country (excluding the
goods that have entered into a Zone
form other parts of the country) is
permitted upon obtaining prior
authorization from the authority,
such goods are exempt from port and
airport charges when returned to the
Zone.
Article 10
The exportation or
exit of goods from the premises of a
Zone in any one of the manners mentioned
in paragraphs of Article (9) is subject
to the payment of service charges to a
Zone, if services and facilities of the
respective Zone are utilized.
C. Regulations on
Goods Accompanying Passengers
Article 11
Travellers,
whether Iranian or foreigners, who
directly enter a Zone through authorized
airports or ports are allowed to bring
along into a Zone goods (excluding the
goods prohibited by religion or law) to
the extent that they are not of
commercial nature and clear them without
payment of portand airport changes.
Note
Natural or legal
persons intending to reside in a Zone
for more than one year and whose
residence is approved by the Authority
are allowed to import into Zone only
once their household appliances and
office equipment in reasonable
quantities without payment of port and
airport charges.
Article 12
Travellers who
depart directly to foreign destination
from a Zone are allowed to take along
all goods (excluding the goods
prohibited by religion or Law) without
obtaining authorization, provided that
the goods are not of commercial nature.
Note
Sending out
antiques, handwritten books, original
cultural objects and various coins is
not permitted.
Article 13
Goods accompanying
travellers who intend to leave a Zone
for other parts of the country shall be
subject to the general Export-import
Regulations of the country.
D. Regulations on
violations
Article 14
The Authority is
required to refrain from clearance from
customs the goods whose importation is
prohibited or can not be cleared from
customs in accordance with the Zone's
regulations, excluding the religiously
or legally prohibited goods, in which
the names of the Free Zones are
stipulated if such goods are declared
with full name and complete particulars
and specifications for the purpose of
final importation, and must notify
importation, and must notify in writing
owner of the goods or his representative
that he must send the goods out of the
Zone within a maximum period of time
determined by the Authority. Goods
prohibited by religion or law shall in
which the names of the Free Zones are
stipulated be governed by relevant
regulations.
E. Miscelaneous
Regulations
Article 15
Wherever, it turns
out after customs clearance of goods,
that the funds whose collection is a
duty of the Authority were received in
excess of or less than the required
amount, the Authority and the owner of
the goods can claim and receive, as the
case may be, the respective defferential
within four months from the date of
signing the clearance document of the
goods concerned.
Article 16
Air and maritime
freight forwarding agencies and owners
or users of transport vehicles are
required to submit, at the time of the
entry of the transport vehicles into the
authorized airport, port and or land
terminals, to the Authority one
photocopy or copy of the bill of lading
relating to each item of the goods
attached to the list of the whole
cargo.
Article 17
Control of and
supervision over the importation and
exportation of goods from Free Zone to
the other parts of the country shall be
the function of Customs Office of the
Islamic Republic of Iran. The head of
customs office stationed in a Zone shall
be appointed by the director of Customs
Office, upon the proposal by the
Authority.
Note
The control of and
supervision over the importation and
exportation of goods from Free Zone to
other countries shall be the function of
the Authority Customs Office, in
accordance with these regulations and
the relevant legal guidelines.
LAW FOR TRANSIT
OF FOREIGN GOODS VIA IRAN
The law Concerning Transit of Foreign
Goods Via Iran, comprising 26 Articles
and 4 Notes, was approved in the course
of ICA's open session held on march
12,1996, ratified by he
guardians Council on March 17 and
notified by the Presidential Bureau as
follows:
Article 1:
Transit of
foreign goods shall mean the processes
through which commodities dispatched
from a foreign point of origin and
destined for a third (foreign) country
or for the conded (protected) regions in
Iran, Pending its re-export or transport
from Iran at the request of from the
same or another border point.
Note:
Any part of
the commodities which may enter a bonded
warehouse, and the owner of which may
latter request that same shall be
carried to other destinations within
Iran, shall become subject to
regulations applying to imported
commodities.
Article 2:
To bring
order and discipline on the state
transit affairs and to provide the
required facilities for the reasonable
distribution of transit goods as well as
to collect the accruing revenues, all
transport terminals, railroad and
airport stations that are listed as
customs areas as per the Ministry of
Roads and Transportation's (MORT)
request and the State Transportation
High Council's (STHC) approval shall be
duty-bound as per the
pertinent regulations, to provide the
required facilities for foreign goods
transits in the above-mentioned areas.
Article 3:
Foreign
transit of the goods that enter Iran
under the contracts and letters of
agreement signed between the relevant
governments shall not require any
permit, unless their imports are banned
for security and religious reasons.
Note 1:
The list of
goods banned for foreign transit shall
be prepared by the State Security
Council and approved by the Council of
Ministers.
Note 2:
Foreign
transit of livestock, vegetable and
chemical products shall require prior
approval of the relevant authorities.
Article 4:
Goods and containers that pass through
Iran as foreign transit goods may not be
considered as permanently imported or
exported goods, thus they are subject to
special regulation already foreseen and
consented to by transit agreements
signed
between the Iranian government and each
relevant country. Otherwise, payment of
such duties is already pronounced
mandatory under the international
customs and transportation conventions,
in which case the foreign transit goods
shall be treated in
accordance with the same special
regulations that are stipulated by each
agreement concerned.
Article 5:
As regards
payment of deposits, all foreign goods
which are transported by international
Iranian transport companies licensed by
MORT, shall be treated in accordance
with the regulations of authorized
goods. To this end, regular, for joint
and several bank guarantees that
international transport companies submit
to this effect, as well as any valid
insurance policies served in lieu of
transit deposits, shall be acceptable.
Article 6:
In case a
foreign transit consignment fails to
reach the exit customs or shall not
leave the country vis a border point
within the period specified in the
relevant permit, the validity of its
transit shall be deemed to have expired
and the customs house shall make the
necessary settlement of accounts by
using the deposit submitted for the
goods.
Article 7:
Customs
houses and to the organizations
concerned shall be duty bound to provide
adequate space and storing lots where
the foreign transit goods can be
unloaded and stored, against collection
of applicable changes. Any change in the
appearance and packaging of the transit
goods shall be solely under supervision
by the customs authorities.
Article 9 :
Containers
entering the country with their original
seals shall be authorized to transit and
leave the country without contents
appraisal with just a transit permit,
provided that their documents and
declarations shall always verify the
same and also bear additional seals that
the customs may decide to affix.
Note:
In exceptional cases where customs
authorities or disciplinary forces
suspect misappropriation, distrust the
accuracy of a declaration or otherwise,
they can break the seals, inspect the
contents and then re-seal the container,
by drawing up a process verbally, giving
such details as the result of
inspection, container number, details of
the previous seals and the new seals.
All such processes shall be carried out
in the
presence of customs representatives.
Article 10:
In case
transit consignment is to be transported
only up to the point of entry, then the
customs houses and the organizations
concerned shall be duty-bound to provide
the required facilities for unloading
the goods at customs premises or on to
trucks, rail-wagons and planes, as the
case may be.
Article 11:
Customs
houses are required to cooperate as much
as possible to expedite goods transit
process and for such purpose they shall
accept goods declaration attached to the
documents including the clearance note
and obtain, prior to unloading goods
from transport vehicle, a letter of
commitment from the relevant transport
company stating that the required
procedures and administration
formalities will be performed after the
good leave the customs house and the
port.
Article 12:
Imposition
of any levies on transit goods shall be
proposed by the Transportation High
Coordination Council and approved by the
Council of Ministers.
Article 13:
For transit
of goods from Iran, it is necessary that
the Iranian transport fleet shall be
given top priority for use as much as
possible. However, should the use of
foreign road transport vehicles be
unavoidable, then the MORT shall propose
a regulation for this purpose to the
council of Ministers for approval.
Article 14:
The MORT
shall bring about the required
facilities for conclusion of bilateral
agreements and render any regional
cooperation that can help facilitate
transit of goods.
Article 15:
By joining
international transport conventions,
direct communication with world
organizations and also encouraging
transportation by containers, the MORT
shall bring about the required
coordination between the state transit
regulations and other transport norms
and regulations applicable at
international level.
Article 16:
Transit of
vehicles covered by CARNET TIR within
the Iranian territory shall not require
any CARNET DE PASSAGE. For the vehicles
not covered by CARNET TIR, a letter of
undertaking from the Iranian transport
companies licensed for operation by
the MORT shall suffice.
Article 17:
To ensure
the required consistency and
coordination in transit of vegetable and
livestock products, the Ministry of
Agriculture and the Ministry of
Construction Jihad shall reach, as
quickly as possible, the necessary
agreements with the countries along with
the transport route of such
commodities.
Article 18:
The Ministries of Construction Jihad and
Agriculture shall set up vegetable and
livestock quarantine stations at all
entry/exit points. Such stations shall
render all the required quarantine
services.
Article 19:
The Islamic
Republic of Iran Customs and Iran
Chambers of Commerce, Industries and
Mines shall provide the necessary
facilities at all entry/exist customs
houses, for transit of goods covered by
CARNET TIR.
Article 20:
The Central
Bank of Iran (CBI) shall render its
financial and credit supports to all
Iranian transport companies operating in
transit of foreign goods.
Note:
The MORT,
through cooperation with the CBI, shall
highlight the required supportive
polices for foreign transits and submit
them to the Council of Ministers for
approval.
Article 21:
The Passport Department shall issue
passports and exit-booklets for Iranian
drivers engaged in transport of foreign
transit goods, within the specified
period, as per the confirmation by the
Organization of Transportation and
Terminals (OTT) and with due regard to
other pertinent rules and regulations.
Article 22:
The IRI's
disciplinary forces shall issue within
specified times international licenses,
transit plate-numbers and ownership
documents for drivers and trucks
operating on international routes, as
per the OTT confirmation.
Article 23:
The OTT, by
taking into consideration the time and
location exigencies, shall specify,
through coordination with the Interior
Ministry, specific routes for transit by
road and the disciplinary forces shall
enforce the same.
Article 24:
The expenses required for execution of
this Law shall be supplied by the credit
sources set forth by the Law.
Article 25:
Any laws or regulation which are not in
conformity with the requirements of this
Law shall be considered null and void
from the date the instant Law is
notified for
implementation.
Article 26:
The general
conditions regarding declaration and
attending to be customs formalities and
the documents to be submitted as well as
any other relevant matters will be
determined by the Ministry of Road and
Transportation, the Ministry of Interior
and Ministry of Economy and Finance
within a maximum period of three months,
by including utmost facilities foreseen
by the executive regulations of this
Law, to be approved
by the Council of Ministers.
Key Features of
Trade and Exchange System
The
Currency of the Islamic Republic of Iran
is the Iranian Rial, and the exchange
system is based on a dual exchange rate
structure.
a: The "oil-notional" rate, is fixed at
Rls. 1,.750 per US$, which applies to
part of oil and gas export receipts,
which is allocated to imports of
essential goods and services, debt
services, and imports related to large
national projects.
b: The "non-oil export" rate which is
applied to non-oil exports receipts and
imports of goods and services and other
transactions which are not carried out
at oil-national rate. All non-oil
exporters are granted the right to
deposit their foreign exchange proceeds
with banks and receive certificate of
deposits (CD). The CDs could be traded
in Tehran Stock Exchange (TSE), sold
directly to agent banks within three
months of the issuance of CDs or
entitled to 100 percent importation from
a positive list of 77 brad categories of
goods. The non-oil export rate is the
rate of certificate of deposits being
traded in TSE.
Since the beginning of the 3rd FYDP
(2000-2004), the export rate at Rls.
3000 per U.S.$ has been eliminated.
Exchange control authority is vested in
Bank Markazi Jomhouri Islamic Iran. All
foreign exchange transactions must take
place through the banking system.
Imports and exports are governed by
regulations issued periodically by the
Ministry of Commerce after approval by
the Council of Ministers.
According to these regulations, import
goods are divided into "authorized" , "
conditional" and "prohibited" goods.
"Authorized" goods require no special
license or permits for importation,
while importation of "conditional" goods
require licensing by respective
authorities. "Prohibited" goods are
those which are forbidden by Islamic
Sharia, or respective laws.
All imports are subject to import
advance payments. Import advance
payments vary from zero to sixty
percent, depending on the type of goods,
and creditworthiness of the client. Most
imports are subject to duties including
commercial benefit tax. The commercial
benefit tax rates are specified in the
Export-Import Regulations by the
authorities each year.
Export of all products must be
undertaken in accordance with the
relevant regulations. Non-oil exporters
could either deposit their export
proceeds with the banking system and
receive a certificate of deposits (CD)
or sell it directly to agent banks
within three months. Since February
1998, %100 of the non-oil export
proceeds that are surrendered to the
banking system could be used by the
exporter to import certain goods listed
for this purpose. Exporters may choose
to import themselves or trade the right
to import at the negotiated price in
TSE.
Persons needing medical treatment abroad
may obtain foreign exchange at the CD
rate unto the amount specified by High
Council of the Ministry of Health. In
case the allocated amount does not cover
the expenses, the balance could be
allocated at negotiated rate. Foreign
exchange allowances are provided for
students holding fellowships at
oil-notional rate by the relevant
authorities granting fellowships. For
other students studying abroad foreign
exchange will be allocated at CD rate.
Iranian nationals traveling abroad may
purchase unto 1000 US dollars at CD rate
for first travel. However, for second
and third travels in the same year,
travelers may purchase 1000 US dollars
at negotiated rate. Every accompanying
person (above 12 years of age) in group
passports, is eligible to purchase unto
maximum of U.S.$ 500 per person, at the
CD rate, and the same amount at
negotiated rate for successive travels
in the same year.
Iranian nationals and foreigners are
allowed to hold interest bearing foreign
exchange deposits with authorized
domestic banks. Two types of foreign
exchange deposits are permitted, i.e.
foreign exchange deposits of "external
origin", and foreign exchange deposits
of "domestic origin". Foreign exchange
with external origin could be traded at
negotiated rate.
Balances of the foreign exchange
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