FOREIGN TRADE
LAW
(Published in the
Official Gazette of the
Republic of Macedonia No. 31/93-716)
(Unofficial
Translation)
I. GENERAL
PROVISIONS
Article 1
This Law regulates the foreign trade, which includes
the foreign trade turnover and performing economic activities abroad.
Article 2
Foreign trade and economic activities abroad may be
performed by legal entities performing economic activities (hereinafter:
enterprises).
Banking and other financial activities abroad may be
performed by banks, in accordance with this Law and regulating establishment
and working of banks. Insurance and reinsurance activities abroad may be
performed by insurance and reinsurance agencies, in compliance with laws
regulating establishment and working of those organizations.
Article 3
The right to foreign trade is acquired on the date
of court registration, if not otherwise prescribed by this Law.
Enterprises may perform only those foreign trade
activities for which it is registered in court.
Article 4
Foreign trade in the fields of arms and military
equipment is also subjected to this Law, if not regulated otherwise by another
law.
II. CONDITIONS
FOR FOREIGN TRADE ACTIVITIES
Article 5
Foreign trade activities are performed on basis of
contracts concluded in compliance with laws and regulations in the Republic of
Macedonia and international agreements and conventions.
Article 6
Enterprises can be engaged in providing services in
the foreign trade to foreign persons in the Republic of Macedonia within frames
of its registered activities, and abroad installation services of the equipment
it exports, even without a court registration.
The provision of Para 1 of this Article also refers
to entrepreneurs who have not registered a company, shop or agricultural
co-operative for that purpose.
Article 7
Goods can be permanently or temporarily imported
only if fulfilling prescribed conditions for
sale, i.e., use of the goods in the Republic of Macedonia; services can
also be permanently or temporarily imported only in accordance with the
positive regulations and international conventions and agreements.
Goods on which a health, a veterinary, a
fitopathological or quality control is required, cannot be imported either
permanently or temporarily, if they fail to meet the prescribed conditions.
Goods cannot be temporarily or permanently imported
in the Republic of Macedonia, if their distribution is prohibited in the
countries of their origin, except upon special license, issued by the
administrative organ in charge of foreign economic relations.
By exception of provisions in Para 1 and 2 of this
Article, goods can be temporarily imported, for the purposes of refinement,
research or processing, if it does not endanger the lives of people and the
environment.
For purposes of protection and improving of the
environment, the Government of the Republic of Macedonia may ban the imports
and transit of certain products in the territory of the Republic of Macedonia,
or prescribe conditions under which such products shall be imported or
exported.
Article 8
The administrative agency in charge of foreign
economic relations may authorize state agencies, agencies of the units of local
self-government, citizens' associations and other legal entities, to perform
single foreign trade operations for their own use; it may also authorize social
organizations and other legal entities which are not registered for foreign
trade activities to perform single foreign trade operations for their own use,
i.e., to perform foreign trade operations connected with their own activities.
Article 9
Imports, i.e., exports are regarded as completed
when the merchandise has passed customs and has been paid customs tariffs for,
i.e., when the service is provided. The date of payment of customs tariffs is
regarded as a date of the imports, i.e., exports.
Even by exception of Para 1 of this Article, the
administrative agency in charge of foreign economic relations may issue a
permission for export, i.e., export customs clearance without having the goods
cross the border line, if such an agreement is concluded with the foreign
entity and if it helps lower transportation expenses. During export, i.e.,
import customs clearance of these goods, provisions regulating the exports and
imports of goods which have crossed the border line are implemented.
The official managing the administrative agency in
charge of foreign economic relations determines the date which is to be
regarded as a date of provided services.
III. TYPES OF
IMPORTS AND EXPORTS
Article 10
Imports and exports are liberal.
For purposes of protection of the domestic
production and planned development, the imports and exports of goods may be
regulated by prescribing quotas (contingents).
Certain goods may be imported and/or exported on basis
of a license, in cases of implementation of international agreements,
regulation of imports and exports of arms and military equipment, and imports
and exports of historic artistic works and certain precious metals.
For the purpose of balancing the exchange of goods
and services with certain countries or regions, as well as for collection of
receivable from abroad and selflimitation in exporting merchandise the exports
of which is limited by foreign imports barriers, the imports and exports of
certain goods may be regionally directed by issuing imports and/or exports
approvals.
The quotas of Para 2, licenses of Para 3 and
approvals of Para 4 of this Article are all issued by the administrative agency
in charge of foreign economic relations.
Article 11
Imports of spare parts for maintenance of imported
equipment, the equipment itself, spare parts for it, and durable consumer goods
are free for entrepreneurs and legal entities.
Carrying arms, ammunition, explosives and
reproduction materials for explosives
into the country and receiving the same from abroad is prohibited for natural
persons.
Imports and transit of dangerous waste materials
through the territory of the Republic of Macedonia is prohibited.
Imports of equipment, raw materials and intermediate
products for own production, invested by a foreign person as a share or
enlargement of the share in a domestic enterprise, are free and performed in
accordance with the enterprise’s establishment act, i.e., investments in the
enterprise.
Article 12
The Government of the Republic of Macedonia
classifies the goods into certain types of imports and exports and determines
goods the exports and imports of which shall be regionally directed.
Article 13
Upon a
suggestion by the administrative agency in charge of foreign economic
relations, as well as upon opinion of competent organs of economy, agriculture
and wood industry, to be submitted by October 31 of the current year, the
Government of the Republic of Macedonia prescribes imports and exports contingents
in terms of value and quantity, regional direction of imports and dynamics of
the imports and exports for the following year.
The administrative agency in charge of foreign
economic relations distributes the contingents of Para 1 of this Article among
users. In cases of exception, contingents may be also given to producers.
During each distribution of contingents, at least
10% are to be set aside for additional distribution, for the following: new
production the needs of which could not be calculated prior to the
distribution, and purchase of fair exponents at international fairs held in the
Republic of Macedonia.
Article 14
Prescribed quotas determine the quantity of exports,
i.e., imports of certain goods in terms of value or quantity, usually for one
year. If goods are being exported and/or imported in a period longer than one
year, contingents are prescribed for the period of duration of the credit,
i.e., of the exports and/or imports of the goods.
Article 15
The administrative agency in charge of foreign
economic relations may approve of contingents exceeding the determined
contingents in Article 13 of this Law to certain users stated in Article 13 (2)
of this Law, in cases of: imports of goods to replace other goods damaged by
vis major; imports of goods on basis of a credit approved of by international
financial organizations at an international auction; imports of raw materials
and intermediate products for export-oriented production, along with an
obligation to export goods of at least 30% greater in value than the imports
within the time limit set in the approval; and exports of goods, if it does not
influence the supply of the domestic market or in case of increase of prices of certain goods above
the average.
IV. SPECIAL
TYPES OF FOREIGN TRADE
I. Long-Term
Production Cooperation
Article 16
Enterprises and other legal entities cannot, within
the frames of their production activities, conclude a contract for long-term
production cooperation with a foreign
legal entity or physical person, without an approval by the administrative
organ in charge of foreign economic relations.
The approval of Para 1 of this Article may be issued
if the contract is in a written form and effective for at least three years, if
the value of the exports - subject of the contract are at least equal to the
value of the imports, and if the exchange includes raw materials, intermediate
products, spare parts and ready-made products of the same kind, for the purpose
of specializing the production.
Payment and collection resulting from activities of
contracts of Para 1 of this Article will be carried out upon compliance with
the law regulating currency transactions.
On basis of contracts and upon an approval stated in
Para 1 of this Article, goods are exported and/or imported freely.
Article 17
Contracts stated in Article 16 of this Law and
changes made in it are submitted to the administrative organ in charge of
foreign economic relations, to be approved of within thirty days of the date of
its signing, i.e. the changes and additions, in original and a verified
translation, along with a summary specification of goods to be exported and
imported in each year of the contract’s duration.
The administrative organ in charge of foreign
economic relations is obliged to decide on the application for approval of
Article 16 of this Law within thirty days from its submission. If no decision
is made within that time, the contract will be regarded as approved of.
2.
Compensation Matters
Article 18
On basis of an approval of the administrative organ
in charge of foreign economic relations, enterprises may enter into contracts
on exports and imports of goods and services charged by imports of goods and
services of at least the same value (compensation transactions).
The administrative organ in charge of foreign
economic relations approves of compensation transactions if the import to
countries with payment difficulties is not possible to collect in foreign
currency, if the import of goods and services is to cover for export of energy
and other raw material, if the import or rented foreign equipment is in the
function of exports, and if the imported goods are of significance for the
domestic market or the distribution of which is difficult.
Imports and exports of goods of Para 1 of this
Article are performed in compliance with prescribed types of imports and
exports.
The Government of the Republic of Macedonia
prescribes closer conditions, way and time limits in which contracts on
compensation transactions of Para 1 and 2 of this Article may be entered into.
3. Mediation
in Foreign Trade
Article 19
Enterprises may purchase goods abroad for the
purpose of selling them abroad, or re-export of the purchased and imported,
i.e., temporarily imported goods.
In case of purchase of goods from foreign countries,
imports of the goods and exports of the same quantity of goods classified under
the same customs tariff, imports and exports are free.
Payment and collection for activities of Para 1 of
this Article may also be through exports of goods under conditions stated in
Article 18 of this Law. Activities of Para 1 of this Article are approved of by
the administrative agency in charge of foreign economic relations, and all
financial transactions concerning the activities are approved of by the
National Bank of Macedonia.
The administrative agency in charge of foreign
economic relations approves the activities of Para 1 of this Article, provided
that they are in accord with concluded international trade agreements or that they
do not influence the regular exports of goods from the Republic of Macedonia,
or in the following cases: if the activities create new employment; activate
and/or provide better use of free production capacities or fulfillment of
obligations undertaken by international agreements; provide greater inflow of
hard currency sold and bought at the currency market; lowering of due and
uncollected receivable of the Republic of Macedonia from certain countries and
help balance the exchange with countries with which agreements on balanced
exchange of goods and services are signed.
The Government of the Republic of Macedonia
prescribes closer conditions and way of approving, registering, and control of
activities of Para 1 of this Article.
4. Local
Border Trade
Article 20
Local border trade is performed in border areas, in
compliance with this Law, concluded international agreements and regulations
based on this Law.
A border area, as regarded by this law, is an area
agreed upon by an international agreement.
Activities including imports and exports of goods
and services in the local border trade may be performed by an enterprise with
court registration for such activities, if not determined otherwise by an
international agreement.
Imports and exports of goods within frames of local
border trade are performed in accordance with prescribed types of exports and
imports.
V. SERVICES IN
FOREIGN TRADE
Article 21
Services in foreign trade, as regarded by this Law,
in particular are: investments in foreign countries and transferring the right
to investment projects to foreign persons in the Republic of Macedonia,
services including international transport of goods and passengers, all
services accompanying the international transport (international forwarding, storage,
airport services, agency transport services, etc.), hotel and tourist services,
mediation and representation in turnover with goods and services, PTT and other
telecommunication services, services including the control of quantity and
quality of imported and exported goods, scientific, research and development
services, giving and using economic and scientific information and experience,
attestation and other services in accordance with the accepted classification
and nomenclature.
Article 22
Enterprises engaged in investments and construction
activities abroad may, without importing into the Republic of Macedonia,
purchase abroad equipment needed for the investment operations, spare parts and
materials built in the equipment, i.e., object constructed abroad.
Enterprises engaged in investment and construction
activities abroad may import a part of the equipment and materials to be built
in the equipment necessary for performing construction activities abroad.
During purchase of the equipment and materials of
Para 1 and 2 of this Article, regulations applying to imports of such equipment
and materials are not in effect.
Article 23
Enterprises engaged in investment and construction
activities abroad may freely import in the Republic of Macedonia equipment and
spare parts, purchased and used abroad for carrying out works stated in the
agreement for construction projects abroad.
During imports of equipment and spare parts of Para
1 and 2 of this Article, the enterprise is obliged, besides proof for their
being purchased abroad, to also submit a written statement by an authorized
person, proving the equipment has been used abroad for the said purpose.
Should the enterprise decide to keep or write off
the equipment abroad the equipment it has used in a foreign country for
construction activities, it is obliged to submit a final statement of accounts
on it, to the Public Revenue Office, along with a decision by the managing
body.
Article 24
The right to perform construction activities, i.e.,
certain activities connected with construction in the Republic of Macedonia (in
the further text: investment operations in the Republic of Macedonia) may be
transferred to a foreign contractor, on basis of a previous competitive bidding
auction or gathering offers from the smallest number of bidders, in accordance
with provisions regulating the public bidding auctions and gathering offers.
Article 25
Conditions for transferring the right to investment
in the Republic of Macedonia to a foreign contractor are set by the investor,
along with the amount, i.e., the type of bail required for participation in the
bidding auction.
Activities of Para 1 of this Article may be
transferred to a foreign contractor, if
1) the foreign contractor presents a bank guarantee
for compensation of possible losses of the investor, caused by not fulfillment
of the agreement by the contractor;
2) the foreign contractor accepts the implementation
of Macedonian standards, technical regulations and quality standards, i.e.,
implementation of international standards, technical regulations and quality
standards of foreign countries, in the cases when for certain products,
production or services there are no Macedonian regulations, standards,
technical regulations or quality standards. In such cases, a certificate is
required by the organization in charge of standardization matters, which is
obliged to issue such a certificate within 30 days after the application; and
3) the foreign contractor engages domestic
performers, whereas the manager and experts may be foreign citizens.
Article 26
The agreement for investment abroad, i.e., the
agreement for investment in the Republic of Macedonia is concluded in a written
form and registered by the administrative agency in charge of foreign economic
relations.
The agreement of Para 1 of this Article and its
changes and additions are reported of within 30 days after the date of
signature, i.e., the date of changes and additions.
Article 27
Enterprises performing international forwarding may
organize forwarding and delivery of goods in the international traffic in its
own name and on behalf and by order of clients; may conclude agreements on
transport, loading, reloading, unloading, assortment, packing and storing and
insuring goods; may organize transportation by various transportation means;
represent clients and carry out activities concerning customs matters, insure
benefits and refunds for road tolls, acquire and present transportation and
other documents regarding the forwarding services in foreign trade.
Article 28
Enterprises engaged in international transport of
goods and passengers may transport goods and passengers in the international
railroad, road, air and lake traffic, as well as to negotiate, service and mend
transportation means and spare parts.
Article 29
Enterprises performing international traffic and
agency activities may represent and mediate in transport of goods and
passengers by international traffic and other matters connected with the
transport.
Activities of Para 1 of this Article, as regarded by
this Law, are: reservation of sufficient space for goods in transportation
means on behalf of the client, providing enough goods for the transportation
vehicle of the client, providing means of transportation for goods and passengers,
sale of tickets and other activities regarding representation and mediation in
international transport.
Enterprises of Para 1 of this Article may conclude
agreements on international traffic and agency activities on behalf of the
client or may only mediate in the conclusion of the agreements.
Article 30
Enterprises engaged in tourist services to foreign
countries may provide services to foreign persons, and especially: hotel
services (accommodation, meals, etc.) and tourist services, may organize
tourist tours and excursions in the Republic of Macedonia and abroad, visits of
cultural, economic, sports or other manifestations, sports fishing and hunting,
may rent vehicles and vessels, keep and maintain foreign vessels, provide
services regarding hazard games, as well as tourist tours and excursions abroad
for domestic clients.
Services of Para 1 of this Article, as regarded by
this Law, are also services for congressional, health and recreation tourism,
as well as traffic services in the international tourism.
Article 31
Enterprises engaged in providing means of
transportation may provide fuel, oils, spare parts, industrial and other goods
for domestic and foreign means of transportation, as well as provide industrial
and other goods for their crews and passengers, if they travel to foreign
countries.
Enterprises providing dockside services may provide
services regarding acceptance and forwarding vessels and passengers, keeping
ships and cargoes, reloading and storing of goods, providing necessities for
foreign means of transportation, renting means of transportation and equipment
and other services.
Services including storing of goods may also be
provided at railroad stations and other places for international
transportation, as well as at other public warehouses.
Services of storing goods, as regarded by this Law,
include acceptance, keeping and assortment of foreign goods and other
activities regarding goods by an order of foreign persons, such as: loading,
unloading, customs formalities and insuring goods.
Enterprises providing airport services may accept
and forward foreign goods and passengers in the air traffic, services connected
with landing and flying over of foreign planes, as well as acceptance,
provision and forwarding of those planes.
Article 32
Enterprises registered for organizing international
fairs may organize fairs, exhibitions and other forms of presentation of
economic and other activities in the Republic of Macedonia and abroad, as well
as to provide other services in organizing international fairs.
Enterprises of Para 1 of this Article may
participate in international fairs and exhibitions and other forms of
presentation of economic and other activities, as well as exhibit its own
products alone or in a cooperation with other enterprises abroad.
Article 33
Enterprises performing control of the quality and
quantity of goods in international turnover undertakes that control primarily
for determining the quality, quantity and other features of the goods, to meet the
requirements agreed upon between the purchaser and seller of the goods. They
may also perform prescribed or usual activities regarding the control, such as:
control of the packing and forwarding of goods, control of the loading,
unloading, reloading, transportation and assortment of goods in the means of
transportation, etc.
Enterprises controlling the quality, quantity and
other features of goods in the international turnover, are responsible for the
accuracy of data included in the certificate issued to the user.
Article 34
Enterprises engaged in scientific research and
development services may conclude agreements with foreign persons on scientific
research projects or part of projects, as well as agreements on expert
training, consulting services and other similar services within frames of the
realization of international scientific research projects.
Article 35
Enterprises may enter into agreements with foreign
persons for their representation in the Republic of Macedonia, may sell foreign
goods from consignment warehouses and perform services fro maintenance of
imported equipment and durable consumer goods.
Agreements of Para 1 of this Article are concluded
in a written form and registered by the administrative organ in charge of
foreign economic relations, if the prescribed conditions are fulfilled.
Enterprises of Para 1 of this Article, general
agents or consignators, are obliged to provide service, expendable material,
equipment and spare parts for maintenance of the imported equipment and durable
consumer goods, in accordance with regulations for distribution of goods at
domestic markets, for a period of at least 3 years.
Enterprises of Para 3 of this Article may transfer
the right to provide services to another domestic enterprise or entrepreneur.
Enterprises providing services in foreign trade may
represent foreign persons engaged in the same activities, without a required
registration in the court register for representation of foreign persons.
Closer conditions for activities of Para 1 of this
Article are set by the Government of the Republic of Macedonia.
Article 36
The Government of the Republic of Macedonia may
prescribe the types of services and conditions under which foreign persons may
provide services in the Republic of Macedonia, and may impose limitations on
certain types of services, for the purposes of protection of the security of
the Republic of Macedonia, life and health of people and environment, as well
as for development of certain domestic enterprises providing services. Certain
services-including activities may be performed under conditions of reciprocity.
Foreign persons providing services in the Republic
of Macedonia are obliged to respect the domestic regulations, international
conventions and professional codes.
Article 37
Foreign legal and physical persons may open
representative offices in the Republic of Macedonia, in the fields of
production, turnover of goods and services, banking and insurance.
The representative office of Para 1 of this Article
may undertake previous preparation activities regarding the signing of
agreements, but may not sign actual contracts on foreign trade.
The Government of the Republic of Macedonia
prescribes closer conditions for opening and work by the foreign representative
offices in the Republic of Macedonia.
Article 38
Foreign firms presenting their products may, at
international fairs in the Republic of Macedonia, sell their exhibits in denars
up to the amount necessary for expenses for exposing products at the fair,
customs fees, and other expenses.
The Government of the Republic of Macedonia
prescribes the types of expenses payable in accordance with Para 1 of this
Article, as well as the way and control of sale of goods mentioned in that
paragraph.
VI. TEMPORARY IMPORTS AND
EXPORTS
Article 39
For the purposes of provision of services to and
using services by foreign persons, as well as in other cases of exports, i.e.,
imports under an obligation to send the same goods back within a determined
period of time and in the same or different condition, goods may be temporarily
exported, i.e., temporarily imported.
The customhouse approves of the temporary imports
and exports of Para 1 of this Article in the way, procedure and conditions
prescribed by law and regulations based on that law.
The customhouse approves of the exports, i.e.,
imports of goods produced by industrial refinement, processing or finish even
before the temporary imports, i.e., temporary exports of reproduction material
needed for the production of those goods.
Temporarily exported goods must be brought back to
the Republic of Macedonia or be definitely exported, and temporarily imported
goods must be sent back to the foreign countries of their origin or be
definitely imported and paid customs fees for, in accordance to regulations for
exports, imports, and customs clearance, as well as time limits for the
temporary imports and exports.
Article 40
Enterprises may temporarily export, i.e., import
equipment on lease for use in the production and for providing services.
Agreements for lease obligatorily include the time
limit of the lease, and the temporarily exported, i.e., imported equipment may
be kept even after the dead line, if prescribed so by the agreement.
Agreements for lease transfer of the right to use
the equipment imported by payment of a rent,
may include obligations of the party issuing the lease to provide
uninterrupted use, maintenance and technical and technological improvement of
the equipment by the leaseholder. The agreement may also include a possibility
of replacing the equipment imported on lease by a new technically and
technologically more sophisticated equipment during the period of the lease.
The customhouse approves of temporary exports, i.e.,
imports, i.e., imports of equipment on
lease, in accordance with prescribed types of exports, i.e., imports, and under
conditions prescribed by law and regulations based on that law.
Article 41
Goods temporarily exported, i.e., exported, are not
subjected to Articles 10, 12, 13 and 44 of this Law.
Temporarily exported, i.e., imported goods may be
used only for the same purposes they have been exported, i.e., imported for.
Article 42
Enterprises may perform activities of refining goods
(processing, manufacturing and finishing) of foreign persons or legal entities
engaged in mediation activities, i.e., they can give goods to a foreign person
for the purpose of refining. The activities may be performed in several phases
and by several enterprises, i.e., foreign persons.
Enterprises may pay, i.e., collect for refining
services in other goods given to be refined, i.e., refined upon a license
issued by the administrative agency in charge of foreign economic relations.
Imports and/or exports of goods used to pay, i.e., collect for services of
refinement, are subjected to regulations for exports, i.e., imports of those
goods.
Article 43
The Government of the Republic of Macedonia
determines the type and purpose of the temporary exports and imports, and the
time limits of the temporary exports and imports as classified in terms of type
and purpose, and may determine which goods are not to be temporarily imported.
VII. OTHER PROVISIONS ON
EXPORTS AND IMPORTS
Article 44
Enterprises may import goods on basis of direct
agreements and on basis of previously gathered tenders and carried out public
auctions.
During
public auctions, domestic producers of goods intended to be purchased
from abroad must be enabled to participate, and if tenders are gathered,
domestic producers must be enabled to submit tenders.
Should domestic and foreign submittals of tenders
offer equal conditions, priority will be given to domestic enterprises.
Should foreign submittals of tenders offer more
favorable conditions than the domestic enterprises, priority will be given to
those providing a greater engagement of domestic producers of goods the foreign
person is bringing into the country, those approving of higher credits for
domestic producers of the concerned the domestic production, or those
purchasing domestic products of the greatest value.
Article 45
If agreements with foreign persons or international
agreements require exported or imported goods to be accompanied with certain
certificates, i.e., certain verified documents, the certificates, i.e.,
verified documents are issued by the Macedonian Chamber of Commerce, if
regulations do not prescribe another administrative agency or organization.
Should regulations of the country in which the
certificate, i.e., the verified document of Para 1 of this Article is to be
presented require a verification by a state agency, the verification is done by
the administrative agency in charge of foreign economic relations.
The Government of the Republic of Macedonia
prescribes the way of issuing the certificates and verification of documents to
accompany exported or imported goods, regarded as goods of a domestic origin,
and prescribes in which cases a certificate on the origin of the goods to be
imported or exported is required. The custom administration may also be
authorized to issue certain certificates.
Article 46
Enterprise may, within the scope of activities they
are registered for, export goods and services without collecting a
countervalue, as well as import goods and services without paying a
countervalue in the following cases: if it is necessary to determine the
quality of the exported, i.e., imported goods, if it represents a surplus of
the exports and imports, if the goods are used for marketing purposes, if the
goods are samples, projects or any other technical documentation accompanying
the exported, i.e., imported goods, if the goods are used for participation at
international public auctions, for equipping own representative offices abroad,
if goods are sent or received for humanitarian, scientific, educational,
cultural, health and social purposes, sent or received as an aid for natural
catastrophes and other forms of vis major, if activities include provision or
receiving services of mending, assembling of goods accompanying exported goods,
as well as in cases when there is a reciprocity with the country in question,
or if prescribed so by international agreements.
Enterprises may receive tools, measuring instruments
and appliances, service vehicles and equipment, sent to them by a foreign
person with whom they have an agreement for representation, managing
consignment warehouse and servicing, or providing other services included in
the concluded agreement.
The Republic of Macedonia and its agencies and
organizations, as well as other legal entities, may receive goods and provide
and receive services of humanitarian, scientific, educational, cultural,
health, social, sports, religious and other non-commercial purposes.
Representative offices of foreign persons and other
foreign organizations in the Republic of Macedonia may import fixed assets and
consumer goods necessary for their work.
By exception of provisions in Para 1-4 of this
Article, other goods may also be exported, i.e., imported without payment and
collection of a countervalue, on basis of an approval by the administrative
agency in charge of foreign economic relations.
Exports and imports, i.e., receiving and sending
goods and receiving and provision of services of Para 1-4 of this Article, are
free. On export of goods without a collection of countervalue, the enterprise
submits a decision by the management.
To the competent customhouse, besides a customs
declaration, a proof for the export
without collection, i.e., imports without payment of countervalue is presented.
VIII. ACQUIRING AND TRANSFER
OF RIGHT TO INDUSTRIAL OWNERSHIP AND KNOWLEDGE AND EXPERIENCE ( KNOW-HOW)
Article 47
Enterprises may acquire from or transfer to a
foreign person a right to an industrial ownership and knowledge and experience
(know-how).
Article 48
Acquiring and transfer of the right to an industrial
ownership and knowledge and experience (know-how) between enterprises and
foreign persons is carried out on basis of an agreement concluded in a written
form.
The agreement of Para 1 of this Article and its
changes and additions are reported to the administrative agency in charge of
foreign economic relations, within 30 days from the date of its signature,
i.e., the changes and additions, and comes into effect on the date of its
entering the register.
Article 49
The agreement for acquiring patents and knowledge
and experience (know-how) must consist of the following:
1) guarantee by the issuer of the patent, knowledge
and experience (know-how) that the implementation of the knowledge and
experience (know-how) will result in production of goods of agreed quality, as
well as an obligation to enable the receiver of the know-how to use the
improvements of the patent and knowledge and experience during the duration of
the agreement;
2) guarantee by the issuer of the patent, knowledge and experience that their use will
not damage the health and lives of people, i.e., things, nature and
environment; and
3) guarantee that the distribution of products
produced with the help of patent, knowledge and experience will not violate the
rights of third persons, as well as an obligation of the foreign person to
compensate the enterprise and the third person for the damage caused by
violation of the right of the third person.
Article 50
The agreement for acquiring a patent, knowledge and
experience cannot include a ban on the following:
1) that the enterprise uses, improves, and further
develops the acquired patent, knowledge and experience and protect it as a
patent resulting from its own research;
2) that the enterprise independently decides on
purchase or use of raw and reproduction materials, spare parts and equipment;
3) that the enterprise exports products and services
to certain countries, except to countries which the issuer of the patent,
knowledge and experience has or has given
as an exclusive right to
produce, i.e., providing of services for the
same products and services; and
4) that the patent, knowledge and experience, time
limit of which has expired within the
validity of the agreement, be used even after the agreement expires, i.e., an
obligation of the enterprise to provide compensation for use of the patent,
knowledge and experience after the
agreement expires.
Article 51
Along with the application to have the agreement on
use of the patent, knowledge and experience registered, enterprises are obliged
to submit the following:
1) opinion by the organization for standardization
that the standard of products to be produced with the help of the acquired
patent, knowledge and experience are in accordance with the domestic standards,
unification and standardization, except when aimed for exports;
2) certificate by the organization for patents on
whether and how the right in question is protected;
3) an act by the competent health agency in charge
of distribution of medicine and the competent agricultural agency in charge of
plant protection, if such a production is included in the agreement.
The administrative agency in charge of foreign
economic relations is obliged to decide on the submitted application within 30
days following the date of application. No complaint can be lodged against the
decision, but an administrative dispute can be initiated.
Should the administrative organ in charge of foreign
economic relations fail to decide on the submitted application within the
determined time limit of Para 2 of this Article, the agreement on acquiring a
right to industrial ownership, knowledge and experience will automatically
become valid.
IX. TEMPORARY MEASURES
Article 52
If payment operations in the Republic of Macedonia
are disturbed, the Government will introduce measures to deal away with the
disturbance.
Article 53
If, due to unpredictable circumstances and in a
short period of time, imports and/or exports of certain goods are considerably
increased or performed in a manner that negatively influences the supply at the
domestic market, damage or threaten to damage the production or sale of those
goods in the Republic of Macedonia, the Government may introduce temporary
measures eliminate the distortions. The measures would stay in effect until the
damage is restored.
Proposition for introduction and annulment of
measures of Para 1 of this Article may also be submitted by administrative
agencies in charge of economy, agriculture, forestry and water industry, the
agency for foreign economic relations, as well as the Chamber of Commerce and
all interested enterprises, along with reports on the caused damage or that
might happen if the measures were not undertaken.
Prior to introduction of the measures o