ANNOUNCED AS TEMPORARYNo
ELIGIBLE FIRMSstate trading enterprise
Export licensing requirement
Decree No. 207 of 15 June 2016 introduces measures that increase the opportunities of state-trading enterprises in the exports of fruit and vegetables, classified in Groups 07--08 and under code 1202 of the Common Customs Tariff of the Eurasian Economic Union ("the CCT of the EEU").
The state enterprises that benefit under Decree No. 207 are those specified in Presidential Decrees -2515 of 7 April 2016 and -2520 of 12 April 2016. They belong to the structures of the specialised in the area of export trade state company "Uzagroexport". Article 2 of Decree No. 207 enumerates the most important interventions with respect to the state enterprises:
(1) fruit and vegetables, classified at 2-digit level of the CCT of the EEU in Groups 07--08, can be exported by all means of transportation. A comparison between Decree No. 207 and the previous state interventions (attached GTA reports 11392, 11393, 11404) reveals that the new measure gives more freedom and flexibility to the state enterprises because it allows them to export the goods via "all transportation means possible"(Article 2, paragraph 1). The previous measures, although either gradually allowing more means of transportation or expanding the benefiting juridical persons, do not allow transportation via all possible means. Hence, a conclusion can be drawn that under the new measure the juridical persons, which are not the state entities, are worse off.
(2) The legal document contains a list of 152 agricultural goods, specified at 10-digit level code of CCT of EEU that the state entities export. For some of these goods, concrete allowed export periods on a monthly basis are specified. For example, tomatoes,classified under code 0702 00 000 1 can be exported in the period 1 January--31 March; tomatoes, classified under code 0702 00 000 2 can be exported in the period 1 April--31 April; garlic, classified under code 0703 20 000 0 can be exported throughout the whole year, etc. Such temporal restrictions with respect to exports did not exist in the previous legal acts, presented as part of GTA reports 11392, 11393, 11404. Hence, although the restrictions under Decree No. 207 may well imply better planning for the state entities, they can be also classified as more restrictive with respect to exports of the mentioned goods.
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