- Privatization
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- Import and Export Regime
 
DECREE OF THE COUNCIL OF MINISTERS No.271

December 17, 1998

ON TRADE POLICY MEASURES, CONNECTED WITH IMPORTS AND EXPORTS

(published in the State Gazette No 152 of 22.12.1998, supplemented in the State
Gazette No 30 and No 33 of 1999, amended, St.G. No 114 of 1999)

THE COUNCIL OF MINISTERS HEREWITH DECREES:

Article 1

(1) This Decree settles the trade policy measures as well as other restrictive trade measures, undertaken in accordance with international obligations of our country in cases of imports and exports of goods to and from the territory of the Republic of Bulgaria, carried out by legal persons or sole proprietors. (amended, State Gazette No 114 of 1999)

(2) Imports and exports of goods under international contract obligations of the Republic of Bulgaria are carried out by observing the requirements of the respective international contracts and in accordance with the stipulated in:
" This Decree
" Other normative acts, adopted for the purpose of fulfillment of these obligations

Article 2
Automatic licensing shall be carried out in the cases of imports of goods with required licenses upon border crossing, the import, export and re-export of goods, included in Annex 1.

Article 3
Non-automatic licensing is obligatory for transactions in the cases of:
1. Goods with required licenses upon border crossing, import, export and re-export of goods under international contract obligations of the Republic of Bulgaria, whose fulfillment requires the application of non-automatic licensing regime.

2. Goods with required licenses upon border crossing, import, export and re-export of goods, for which non-automatic licensing is required under the Bulgarian legislation, pursuant to Appendix 2.

3. Export and re-export of goods, originating from Bulgaria, within set quotas under Annex 3.

4. Goods with required licenses upon border crossing, direct transit, export and re-export of military and special production and dual-use (civil and military) goods and technologies, observing the requirements of the Law on the Control of Foreign Trade in Weapons and Dual-use Goods and Technologies (State Gazette No.102 of 1995), the Rules for the application of the Law on the Control of Foreign Trade in Weapons and Dual-use Goods and Technologies (promulgated in the State Gazette No.21 of 1996; amendment State Gazette No.35 of 1996; amendment State Gazette No.45 of 1997) and Decree of the Council of Ministers No. 205 of 1998 on the List of Weapons and Goods and Technologies with Possible Dual Use (State Gazette No. 108 of 1998);

5. Goods with required licenses upon border crossing and export of goods in exchange for payment in Bulgarian leva, with the exception of the supplies for Bulgarian vessels and aircraft, performing international service (supplemented State Gazette No 30 of 1999).

6. Import of goods, subject to protective measures under Art.9, par.2, items 2 and 3 of Decree No.300 of the Council of Ministers of 1996 on the protective measures on imports to the Republic of Bulgaria (promulgated in the State Gazette No. 109 of 1996; amended No.45 of 1997).

Article 4
(abolished, State Gazette No 114 of 1999)

Article 5
There is a ban on the export of goods, banned by virtue of an Act, international agreement, to which the Republic of Bulgaria is a signatory or a regulation of the Council of Ministers, such as:

1. Goods, received as humanitarian aid, except for the cases of urgent necessity to redirect them to other countries upon a request of the donor and in coordination with the Minister of Trade and Tourism (supplemented State Gazette No 33 of 1999).

2. Human blood, human plasma (except for the cases when the plasma is derived by means of plasmphoresis from people, ill with rheumatic arthritis), human imunoglobulin and hemoglobin, derived from human blood.

3. Therapeutic clay in natural condition

4. Land mines

5. Tobacco products and liquors with valid Bulgarian excise tax bands.

6. Others.

Article 6
(abolished, State Gazette No 114 of 1999)

Article 7
1. In the cases when Annex 2 to Article 3, item 2 says "chapter" or no tariff position, sub-position or customs tariff number is indicated, the relevant competent authorities shall publish, upon co-ordination with the Ministry of Trade and Tourism, new or up-dated versions of already published lists of goods, included in this Annex and where possible shall indicate customs tariff positions, co-ordinated with the General Customs Directorate. The lists shall be published within a one-month period upon promulgation of the Decree.

2. The quantities and/or customs tariff numbers of the goods in Annex 3 and the conditions and terms for allocation of the quotas under Art.3, item 3 shall be indicated in an Regulation of the Minister of Trade and Tourism, promulgated in the State Gazette.

Article 8
Adopts a Regulation on the terms and conditions of automatic and non-automatic licensing of imports and exports of goods under Article 2 and 3 in accordance with Annex 5.

ADDITIONAL PROVISIONS

 As stipulated in this Decree:
1. "Trade policy measures" shall mean non-tariff measures, established by a normative act and applied within the framework of the trade policy of the Republic of Bulgaria in the cases of imports and exports of goods, such as: automatic and non-automatic licensing, protective measures, quantitative restrictions, import and export bans. (amended, State Gazette No 114 of 1999)

2. "Quota" shall mean a quantitative restriction on the import and export of goods, which can be expressed in terms of value or units of measure (number, tonnes, etc.) or in another way.

3. "Platinum" shall include the metals of the platinum group - platinum, paladium, rodium, iridium, osmium, rutenium (amended, State Gazette No 114 of 1999).

4. "Precious stones" shall mean precious minerals of natural origin, known under the following names: diamond (including brilliants); corund (ruby, sapphire), beryl (emerald) , chryzoberyl, black precious opal, topaz and shpinnel.

5. "Stamper (matrix)" shall mean a material carrier, containing the information for CD production.

6. "Goods with required licenses upon border crossing" shall mean, goods, actually entering the territory of Bulgaria through an entrance border check point and does not include direct transit under Art. 219 of the Rules of application of the Customs Act.

 In the cases when a regime is specified for a certain type of good and the Annexes, pointing out the tariff position, sub-position or number of the item as in the Customs Tariff of the Republic of Bulgaria quote "from", the description of the good shall prevail.

  A license, issued for goods with required licenses upon border crossing shall be used for further customs processing, except for the cases of export and re-export.

 (abolished, State Gazette No 114 of 1999)


TRANSITIONAL AND FINAL PROVISIONS
 This Decree shall enter into force as of January 1, 1999 and shall replace Decree of the Council of Ministers No. 493 of 1997 (promulgated in the State Gazette No.126 of 1997, amended State Gazette No. 2, 92 and 114 of 1998).

 This Decree is issued on the basis of Article 60 the Law on consumer protection and on commercial rules. (amended, State Gazette No 114 of 1999)

 When the import/export regime of a given type of good is preserved, the license for import/export under Decree of the Council of Ministers No. 493 of 1997 shall be valid till the expiry date of delivery, stated in them.

 The implementation of this Decree is assigned to the Minister of Trade and Tourism and the Minister of Finance and in its part under Article 3 and 4 - to the authorities, stipulated in the respective normative act, setting the terms and conditions for trade in these goods.

 Suggestion for amendments to the Regulation can be submitted to the Council of Ministers by the Minister of Trade and Tourism on his initiative or pursuant to a proposal of other interested ministers or heads of departments. The proposals must be accompanied by an economic justification and evaluation of the correspondence of the suggested measure with the international commitments, undertaken by the Republic of Bulgaria.

Prime Minister:

Minister of State Administration: 		Annex No 1 referred to Art.2
 
AUTOMATIC LICENSING

(amended, State Gazette No 114 of 1999)

I. Goods with required licenses upon border crossing
No Bulgarian Customs Tariff No. Description of products
1. 390740000 Polycarbonates
2. ex. 8524 Matrix for CD production.
3. 2843, ex. Chapter 71 Gold, silver, platinum and articles thereof, solutions, electronic scrap and other products containing precious metals; precious stones
     
II. Exports and re-exports of goods with required licenses
No Bulgarian Customs Tariff No. Description
1. ex. 4403,
440110000		 Wood in the rough: coniferous and non-coniferous wood, with the diameter of the slender edge over 4 cm , fuel wood.
     
III. Exports of goods with required licenses
No Bulgarian Customs Tariff No. Description
1. 2843, ex. Chapter 71 Gold, silver, platinum and articles thereof, solutions, electronic scrap and other products containing precious metals; precious stones
     
    Annex No 2 referred to Art.3, item 2
NON - AUTOMATIC LICENSING

I. Goods with required licenses upon border crossing
No Bulgarian Customs Tariff No. Description of products
1.  
(abolished, State Gazette No 114 of 1999)
2.   Narcotic and psychotropic products.
Controlled chemical substances used for their production in accordance with appendix No 1 to article 1 par. 2 ot Decree No 38 Official Gasette No 14 /06.02.97
3.   (amended, State Gazette No 114 of 1999) Nuclear materials, radioactive substances, other sources of radiation
4. ex. Chapter 36, ex. 2904201001 Powder, explosives with civil application
Trinitrotoluole
5. ex 9013, 9303, 9304, 9305, 9306, ex. 95069990 (supplemented, State Gazette No 114 of 1999) Hunting and sporting guns and ammunitions for them, gas spray, gas pistols, signal pistols and revolvers and ammunitions for them, telescopic sights, laser targets.
6.   Threatened species of the wild flora and fauna included in the Washington Convention
7.   Flora and fauna species non-customary for the territory of Bulgaria meant for breeding or planting respectively
8. 950430
Gambling machines and parts thereof
9. ex. 2208, 330210100 Unbottled high alcoholic drinks, ethyl alcohol with alcohol volume below 80% and complex alcoholic substances of the types used for the production of alcoholic drinks
10. ex. 490700, ex. 4911 Polygraphic production for public offering, which can be used as treasuries
11.   (abolished, State Gazette No 114 of 1999)
12.   (abolished, State Gazette No 114 of 1999)
13. ex. Ch. 28, ex. Ch.29, ex. 3808 Plant protection chemicals
     

II. Imports of goods with required licenses

No Bulgarian Customs Tariff No. Description of products
1.   Ready made medicines and diagnostic forms, substances and raw materials for their production, dentists' materials and dressings
2. 2524, 6812, ex. 6811, ex. 6813 Asbestos, asbestos products, asbestos containing materials and products
     
III. Exports and re-exports of goods with required licenses
No Bulgarian Customs Tariff No. Description
1.   (abolished, State Gazette No 114 of 1999)
2.   Narcotic and psyhcotropic products.
Controlled chemical substances used for their production in accordance with appendix No 1 to article 1 par to 2 ot Decree No 38 Official Gazette No 14 /06.02.97
3.   Ready made medicines and diagnostic forms, substances and raw materials for their production, dentists' materials and dressings
4. ex. Chapt.36, ex. 290420001 Powder, explosives with civil application, 3-nitrotoulol
5. 9303, 9304, 9305, 9306, ex. 950699900 Hunting and sporting weapons and ammunitions for them, gas pistols, signal pistols and revolvers and ammunitions for them
6.   Threatened species of the wild flora and fauna included in the Washington Convention
7.   Wild plants and animals, mushrooms, meat and furs of wild animals, cultivated medical plants, etc.
8. ex. Chapter 97 Works of art and objects with historic, archaeological, numismatic and antique value
     
IV. Exports of goods with required licenses
No Bulgarian Customs Tariff No. Description
1.   Seeds for sowing:
1.1 100510110, 100510130, 100510150, 100510190 Hybrid maize
1.2 (amended, State Gazette No 114 of 1999) 120600100 sunflower, until first propagation
1.3 100110001, 100190911 wheat, until first propagation

1.4
100300101		 Barley until first propagation
2.  
(abolished, State Gazette No 114 of 1999)
     
    Annex No 3 referred to Art.3, item 3
     
EXPORT QUOTAS
Exports and re-exports of the following items, originating from Bulgaria are subject to export quotas according to the international agreements:
Description Quotas
  Textile and textile products Export to the USA and Canada only
     
  Annex No 4 referred to Art.4, paragraf No1 and paragraf No2
     
EXPORT TAXES

(abolished, State Gazette No 114 of 1999)
    Annex No 5 referred to Art.8
Regulation    

on conditions and procedures for automatic and non-automatic licensing of import and export of goods

Chapter I

General provisions
Art. 1 This regulation sets the conditions and procedures for automatic and non-automatic licensing of transactions of imports and exports of goods by legal persons or sole proprietors hereinafter refered to as "applicants".
Art.2 .1 For the purposes of automatic and non automatic licensing of imports or exports the applicant has to submit to the Ministry of Trade and Tourism a filled - in certificate form ( 2 copies) approved by the Minister of Trade and Tourism , signed and sealed by the applicant or by an authorized person.
2. The licences must be prepared in accordance with the international classifications and codes of commercial data elements, under Ordinance NoRD 16-06 of the Minister of Trade of 1992 ( State Gazette No59/- 1992).
3. In the cases when the aplicant has to obtain the opinion of other competent authorities under art 4 par.3, their written opinion has to be pointed out in the observation section of the sertificate.
4. The sertificate has a three month validity period starting from the date of its issue.
5. The first copy of the licence,numbered and sealed is to be given to the applicant and the second copy is to be kept at the Ministry of Trade and Tourism.
     
Chapter II
Automatic licensing (registration of transactions).
Art.3.1 The registration of transactions of goods, under annex 1 to art.2 of the Decree has to take place within one day upon submission of the certificate form.
2. For the registration of transactions, the applicant has to provide a court registration and tax registration certificate, identification code of the BULSTAT register, a contract in the cases of export and a contract or proforma invoice in the cases of imports, except for cases of export or import of sample goods. Other documents might be required as well for verification of data, contained in the filled -in certificate form, such as invoice, quality certificate,licence for trade or order manifacturing of goods, (which are liable to licensing)etc.
3. (amended, State Gazette No 114 of 1999) For the import of polycarbonates, under item 1.1., a end-user certificate contract is also required.
4. (amended, State Gazette No 114 of 1999) Upon border crossing ?xport and re- export of gold, silver, platinum and articles thereof, salts and solutions, electronic scrap and other waste products containing precious metals and precious stones - item I.3 and item III.1 an document of registration in accordance with the Currency Law, issued by the Ministry of Finances is also required.
5. For the import of matrixes for CD production , a reproduction and distribution certificate is required in the sense of Decree of the Council of Ministers No 87 of 1996, conserning control over copyright and neighbouring rights, objects for licensing of CD manifacturers and licensing of matrix(stampers) manifacturers for CD production (promulgated in the State Gazette No 35 of 1996, annex No 34 of 1997, No 14 and No 86 of 1998, for articles,which can be reproduced on the matrix.
7. (abolished, State Gazette No 114 of 1999)
     
CHAPTER III
Non-automatic licensing (licensing regime)of transactions
Art 4.
1). Non-automatic licensing of transactions under Annex No 2 reffered to art3, item 2 of the Decree has to be carried out within two days upon submission of the certificate form.

2) For the purposes of non-automatic licensing the applicant has to submit a court registration and tax registration certificate , identification code code of BULSTAT register and documents , which verify the data contained in the filled-in licence form, such as contract proforma invoice order, quality certificate, veterinary certificate, licence for trade or production (for goods which are liable to licensing) and others.

3) The suggestions of the applicants are coordinated in advance as follows;
1) for goods with required licences upon border crossing ?xport and re- export of:
a) (amended, State Gazette No 114 of 1999) goods in return of payment in leva under,art.3 item 6 and goods, which are subject to international agreements and protocols, concerning for settlements of payment with the budget in the cases under art.3 item1 -with the Ministry of Finance.
b) narcotic and psychotropic substances under UN convention on prevention of illegal traffic of narcotic and psychotropic substances ex item I.2 and item .III.2 of annex No2- with the Ministry of Health;
The export/ import of controled chemical substances,used for narcotic and psychotropic substances production (ex item I.2 and item III.2 of annex No2) has to be coordinated under the Regulation on the terms and procedures for coordination and licensing of exports and imports of controlled chemical substances (annex No 4 to art.4 of Decree of the Council of Ministers No 38.of 1997, promulgated in State Gazette No14 and No15 of 1997).
c) nuclear materials, nuclear equipment and other sourses of radiation (under the Law on the use of atomic power for peaceful purposes) - item.I.3 and item.III.3 of annex No2 - with the Committee for Peaceful Use of Atomic Energy.
d) powder, explosives and articles thereof with civil application, trinitrotoluole, hunting and sporting guns, gas and signal pistols and revolvers and ammunitions for them, gas spray (under the Law on the control of explosives,arms and ammunitions) - item.I.4; item I.5; item III.4; item III.5 of annex No 2 - with the Ministry of Interior and for gas spray and ammunitions for gas arms - with the Ministry of Health.
e) threatened species of the wild fauna and flora under the Washington convention on International trade in threatened species of the wild fauna and flora( State Gazette No 6 of 1992 - item I.6 and item III.6 of annex No2) - with the Ministry of Environment and Waters.
2) For export and re-export of:
a) wild plants and animals (incl. the ones grown and bred in farms), mushrooms, hunting trophies, game, disposed game horns, meat and furs, seeds and saplings of exotic wood species and pine cones (incl. the ones grown in green houses) under item III.7 of annex No2-with the Ministry of Agriculture and Forestry and with the Ministry of Environment and Waters and in the part, concerning cultivated medical plants - with the Ministry of Eenvironment and Waters and with the Ministry of Health.
b) works of art and objects with historic, archaelogical, numismatic and antique value (under the Law on culture monuments and museums) under item.III.8 of annex No2 - with the Ministry of Culture.
3) (amended, State Gazette No 114 of 1999) For exports of seeds for sowing under item IV.1 of annex No 2 (under the Law on sowing and planting materials), -with the Ministry of Agriculture and Forestry.

4) Goods with required licences upon border crossing:
a) (amended, State Gazette No 114 of 1999) flora and fauna spieces, non-customary for the territory of Bulgaria, meant for breeding or planting respectively under item.I.7 of annex No2 - with the Ministry of Environment and Waters.
b) gambling machines and parts thereof - item I.8 of annex No2 - with the Committee on Standartization and Metrology.
c) high alcoholic drinks in bulk, ethylalcohol with alcohol volume below 80% and complex alcoholic substances of the types used for the production of alcoholic drinks (under the Regulation on the terms and procedures for the production of alcohol and alcoholic drinks and trade in them, adopted with Decree No 89 of the Council of Ministers of 1996 (promulgated State Gazette No 36 of 1996 supplemented, St.G. No45 and No61 of 1997)) - item.I.9 of annex No2- with the Ministry of Industry.
d) polygraphic production for public offering,which can be used as security - item.I.10 of annex No2-with the Ministry of Finance.
e) plant protection chemicals (under the Law on plant protection) - item.I.13 of annex No2-with the Ministry of Agriculture and Forestry.

5) For import of:
a) ready made pharmaceutical and diagnostic forms for human medicine,basic substances and additives for their production,dental materials and dressings (under the Law on pharmaceuticals and drugstores in human medicine - item.II.1 of annex No2 - with the Ministry of Health; for radioactive materials - with the Committee for Peaceful Use of Atomic Energy; for veterinary purposes - with the Ministry of Agriculture and Forestry (under the Veterinary Act).
b) asbestos, asbestos products, asbestos containing materials and products (under the Regulation No12 of the Ministry of Health of 1993 on the sanitary requirements for the import production and use of asbestos containing materials and products (State Gazette No 98 of 1993) - item.II.2 of annex No2 - with the Ministry of Health.
4)The terms and procedures for coordination under par. 3 are determined with public acts, issued by the relevant ministers and heads of departments, promulgated in the "State Gazette" after preliminary coordination with the Ministry of Trade and Tourism.
The Ministry of Trade and Tourism refuses licensing of the export/ import of goods under annex No2 without coordination under par.3.

Art.5.
(1) The refusal for export/ import licensing has to be motivated in a written form and the documents are returned to the applicant. The Ministry of Trade and Tourism keeps the refusal together with copies of the documents.

2)The applicant can request from the Minister of Trade and Tourism re-consideration of the decision under par.1 within 5 days upon its issue.

3)The Minister of Trade and Tourism notifies the applicant of his final statement within 5 days upon submission of the applicant's protest.

(07.01.2000)