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 of Para 1 of
this Article, all member countries of GATT will be notified and all sides
interested in goods the imports or exports of which are the reason for the
measures, will be given an opportunity for consultations. In exceptional cases,
when any delay of the measures would cause a serious damage, the Government of
the Republic of Macedonia will introduce measures even before consultations,
which will be scheduled in the nearest possible future.
For the purpose of securing regular purchase of
foodstuff and other strategic products, as well as for protection of own
non-renewable natural resources, the Government of the Republic of Macedonia
may introduce measures for temporary limitation or ban on exports of such
products.
Article 54
The Government of the Republic of Macedonia may
adopt an antidumping tax, should it, by an appropriate procedure, determine a
considerable damage or danger of damage for the domestic producers.
Dumping, as regarded by this Law, exists when
certain goods are imported at a price lower than their normal value, thus
causing or threatening to cause serious damage to the current production, or if
such an import could slow down the development of certain domestic production.
The antidumping tax cannot be higher than the margin
on dumping, and will remain in effect until the dumping is neutralized.
A proposal for introducing an antidumping tax may be
submitted by interested enterprises through the Macedonian Chamber of Commerce,
and it must include evidence on existence of a dumping, harmful consequences of
it and causative relation between the imports, subject of the dumping, and the
caused or potential damage.
The Government of the Republic of Macedonia
discusses upon the proposal of Para 4 of this Article, implements the procedure
in compliance with the law which accepts the GATT Code on Antidumping,
introduces an antidumping tax, and informs the central customs administration
of it.
For the purpose of neutralizing the subsidies and
premiums approved directly or indirectly by the country of origin or of exports
of certain goods imported into the Republic of Macedonia, the Government of the
Republic of Macedonia may introduce a compensation tariff, up to the value of
the subsidy or premium.
X. PROMOTION OF EXPORTS OF
GOODS AND SERVICES
Article 55
Exports of goods or services and realization of hard
currency inflow, international transports services to domestic or foreign
persons and refunds for road tolls paid abroad during exports or imports, will
be stimulated by the development of a real exchange rate policy of the denar,
by the system and mechanism for refunding tax, customs fees and others, by the
credit and monetary policy and by other measures of the economic policy.
Measures of Para 1 of this Article shall
additionally encourage the export of agricultural and food products, in
accordance with export programs of the producers or exporters for certain group
of such products, as well as in accordance with the intensity of the foreign
import barriers on those products.
By exception of Para 1 and 2 of this Article,
exports shall be additionally encouraged of those products the export of which
is limited for a longer period by foreign import barriers, depending on the
realization of payments.
The Government of the Republic of Macedonia
prescribes the way of refunding for customs tariffs and taxes of Para 1-3 of
this Article, as well as the amount and way of payment of an additional support
of exports, according to programs of Para 2 of this Article.
Rights of Para 1 of this Article also refer to
collection of receivables via corespondent
accounts and foreign exchange accounts, abroad.
Article 56
Refunding funds for customs, tax and other expenses
and general economic marketing and general tourist and informative activities
towards foreign countries, as well as other measures of Article 55 of this Law
are determined and included in the state budget. The amount of necessary funds
is determined by an act on foreign exchange policy for every calendar year.
Article 57
The base for calculation of refunds for customs, tax
and other expenses is calculated through an implementation of middle exchange
rates of foreign currencies, as determined by the Law on Foreign Currencies,
valid on the date of the payment.
Customs and other expenses for goods exported on
credit are refunded after the realized exports.
The base for calculation of refunds for customs, tax
and other expenses for given services to domestic persons in the international
transport is the amount of the denars paid for the transport services abroad.
The base for calculation of refunds for customs and
other expenses for inflow made by air and water transportation services abroad
is the denar countervalue of definitely brought into the country foreign
exchange coming from the paid air and water transportation services.
The base for calculation of refunds for customs and
other expenses from inflow s made by investment works abroad is the denar
countervalue of definitely brought into the country foreign exchange collected
from projects in foreign countries.
The Government of the Republic of Macedonia, upon a
proposal by the National bank of Macedonia, prescribes the methodology for
calculation of the amount of denars originating from exchange of foreign
currencies and are included in the base for stimulating of the exports of
services.
XI. PERFORMING ECONOMIC
ACTIVITIES ABROAD
Article 58
Performing economic activities abroad, as regarded
by this Law, is performing production, trade, service, scientific and research,
development, banking and other financial activities, as well as insurance and
reinsurance activities, in accordance with the regulations in the country in
which the activities are performed.
Enterprises, other legal entities, and insurance and
reinsurance organizations performing economic activities abroad are registered
by the administrative agency in charge of foreign economic relations.
The administrative agency in charge of foreign
economic relations is obliged to decide on applications for registration,
within 30 days after the date of the application.
A complaint may be lodged with the Government of the
Republic of Macedonia against the decision of Para 3 of this Article, within 15
days after the decision is made known.
Article 59
Enterprises, other legal entities, banks and other
organizations of Article 58 of this Law (in the further text: founder) may
found an enterprise or other types of organizations for economic activities
abroad, and will meet liabilities up to the amount of their invested funds.
Article 60
The founder may decide to have the enterprise it has
founded abroad act as a founder of another enterprise, founded by still another
foreign enterprise, or purchase the assets of foreign persons, i.e., domestic
enterprise abroad, increase the founding investment of a foreign person or its
own founding investment in a foreign enterprise, and is to report this to the
administrative agency in charge of foreign economic relations within 30 days,
for purposes of entering the register.
The founder may decide to have the enterprise
established abroad open a representative office or branch in that or another
country, as an integral part of the enterprise founded abroad, and is to report
this to the administrative agency in charge of foreign economic relations
within 30 days, for purposes of entering the register.
The enterprise founded abroad, according to
provisions of this Law, may found enterprises and representative offices and
make investments in the Republic of Macedonia.
Article 61
For purposes of founding enterprises abroad,
increasing the assets and other cases of Article 60(1) of this Law, the founder
may use:
1) profits made by the enterprise founded abroad;
and
2) objects and rights expressed in money terms.
By exception of provisions of Para 1 of this
Article, the founder establishing an enterprise abroad for a first time may
also use foreign exchange bought at the foreign exchange market, in compliance
with the Law on Foreign Exchange Operations.
Article 62
The founder is to submit an application for
establishing an enterprise abroad to the administrative agency in charge of
foreign economic relations, which is to include: name of the founder, firm,
head office and type of activity of the enterprise abroad, amount and origin of
funds in the assets of each founder, data on the individual in charge of the
enterprise and his authorities.
The application of Para 1 of this Article is to be
accompanied with: a written statement on providing legal protection for the
investment in accordance with regulations in the country in which the
enterprise is founded, a written statement on the founder's responsibility for
the liabilities of the enterprise founded abroad up to the amount of the
invested funds, as well as a written
statement on providing an usual control of the financial work of the enterprise
founded abroad.
Article 63
The founder is obliged to submit an excerpt of the
official register of the country in which the enterprise is founded to the
administrative agency in charge of foreign economic relations, within one year
after the distribution of the decision on inclusion in the register of Para 58
of this Law, for the purpose of proving the enterprise founded abroad is
registered in compliance with the issued decision, as well as a statute,
agreement or another act on basis of which the enterprise functions.
Should the founder fail to submit the evidence of
Para 1 of this Article, the administrative agency in charge of foreign economic
relations will bring a decision to have the enterprise founded abroad erased
from the register of Para 58 of this Law.
In cases of Para 2 of this Article, the founder is
to bring back funds taken out of the Republic of Macedonia for the purpose of
establishing an enterprise abroad, within 30 days upon the date of the decision
for erasing of the enterprise from the register.
Article 64
The founder is obliged to submit an annual report
(with a financial statement) to the revenue agency within 30 days from the date
when the annual calculation has been accepted in accordance with regulations in
the country in which the enterprise abroad is found.
If the enterprise abroad is not obliged to submit an
annual report to the revenue agency of that country, the founder is obliged to
submit the report to the domestic revenue agency, within 30 days after the date
of preparation of annual report.
Article 65
Profits made by the founder in the enterprise abroad
is determined by the annual calculation in accordance with regulations in the
country in which the enterprise is founded, and after settling tax and other
liabilities to that country.
Profits of Para 1 of this Article may be used by the
founder for:
1) increasing the assets of the enterprise founded
abroad in which the profit is made or another enterprise founded abroad, in
accordance with this Law;
2) compensation for a decrease of the assets, caused
by an operation loss, stated in the annual calculation of the enterprise
founded abroad;
3) establishing new enterprises abroad and
purchasing assets of other enterprises abroad, in accordance with provisions of
this Law;
4) approving credits for the enterprise abroad in
which the profit is made or another enterprise abroad for its operation; and
5) investment in another enterprise, on basis of an
agreement on investment.
The profit which is not transferable due to
regulations in the foreign country, i.e., profit made in a non-transferable
foreign currency, may be brought into the Republic of Macedonia in the form of
goods, in compliance with regulations of import of those goods, or to be used
for purposes stated by Para 2 of this Article. The founder is to report of the
use of the profit and its bringing into the republic of Macedonia, to the
National Bank of Macedonia, within 30 days of the date of annual report, i.e.,
15 days after the date of entry of the profit.
The profit not used for purposes stated in Para 2 o
this Article is to be brought into the Republic of Macedonia by the founder
within a period no longer than 60 days after the date when the annual report is
due for submission, if regulations in the foreign country allow for the profit
to be transferred after the executed control over the annual report.
Article 66
Enterprises may cease their operation upon a
decision of the founder, in cases prescribed by this Law and in accordance with
regulations in the foreign country in which the enterprise is founded.
In cases of Para 1 of this Article, the founder is
to report this to the administrative agency in charge of foreign economic
relations, for the purpose of having the enterprise erased from the official
register.
The administrative agency in charge of foreign
economic relations will adopt a decision to have the enterprise erased form the
official register, if:
1) regulations in the foreign country permanently
eliminate any chances of transferring the profit; and
2) the enterprise fails to transfer any profits into
the Republic of Macedonia for a period longer than two years, and without a
permission by the National Bank of Macedonia.
Article 67
Following the procedure of liquidation of the
enterprise founded abroad, and no longer than 90 days after the liquidation
balance has been accepted, the founder is to bring in, i.e., import the
remaining assets and rights of the liquidated enterprise abroad.
Funds of Para 1 of this Article are freely imported
if purchased abroad, i.e., if previously used by the liquidated enterprise
abroad.
Funds of foreign origin may also be imported in
cases of decrease of the scope of operation of the enterprise founded abroad,
on basis of an approval issued by the administrative agency in charge of
foreign economic relations.
Article 68
The founder may decide to have the enterprise
founded abroad in a state of rest, if the enterprise is even temporarily
disabled to carry out its activities, and is obliged to report of this to the
administrative agency in charge of foreign economic relations within 30 days
after the date of the beginning of the state of rest, for the purpose of
registering.
Article 69
The founder may open representative offices and
basic operating units (shops, service shops, consignation, building sites,
etc.), as well as other forms of operating abroad.
The representative office, basic operating units and
other forms of operating abroad are a constitutive parts of the enterprise
founded abroad, have no status of a legal entity, carry out activities upon an
order of the founder and report on the work to the founder.
In cases of Para 1 of this Article, the founder is
to submit a report to the administrative agency in charge of foreign economic
relations, to consist of: name of the founder, firm, head office and type of
activity of the representative office, i.e., the operating unit, data on the
employee working in the representative office, as well as data on the employee
in charge of the operating units and his authorities.
The Macedonian Chamber of Commerce may open
representative offices abroad.
Tourist representative offices may also be open
abroad, for purposes of general tourist and informative and marketing
activities, as well as improvement of the exports of tourist services.
Article 70
The representative office, i.e., basic operating
unit abroad of Article 69 of this Law may open an operating unit in the same
country, and the founder is to report of this to the administrative agency in
charge of foreign economic relations, within 30 days after the date of opening
the operating unit, for purposes of registering.
Article 71
The administrative agency in charge of foreign
economic relations will adopt a decision to have the representative office,
i.e., operating unit abroad, if:
1) the representative office, i.e., operating unit
abroad is compelled to cease all activities due to regulations in the foreign
country in which it is open, i.e., founded; and
2) upon a decision of the founder.
Article 72
The enterprise and other legal entities may invest
in the enterprise abroad in the form of funds, things and rights, on basis of
an agreement concluded in a written form.
The agreement for investment in the enterprise
abroad is to especially regulate the following: the goal of the investment,
purposes, conditions and way of using the investment, amount of the investment,
way of profit distribution, conditions, ways and time limits for returning the
value of the investment, mutual obligations regarding the risk, structure and
authority of the mutual managing body and ways of appointing that body, ways of
settling mutual disputes and termination of the agreement.
Provisions of this Law concerning the registration
of the enterprise founded abroad, termination of work and withdrawal of assets,
are to be also implemented on basis of
termination of the agreement on investment and withdrawal of assets on that
basis.
XII. BANKING AND OTHER
FINANCIAL OPERATIONS ABROAD
Article 73
Provisions of Articles 58-71 of this Law, concerning
the establishment of an enterprise, representative offices and operating units
abroad are applicable for banking and other financial activities abroad.
XIII. PRESERVATION OF
REPUTATION IN FOREIGN TRADE AND UNLOYAL COMPETITION
Article 74
Enterprises and other legal entities and their
employees are obliged to preserve their own and the reputation of other
enterprises and of the Republic of Macedonia, while performing activities in
the foreign trade.
This Law will regard behavior opposed to accepted
business customs, special usances, business moral and neglect of society’s
interests through an unloyal competition, as damaging the reputation of
enterprises and of the republic of Macedonia.
Article 75
An unloyal competition, as regarded by this Law,
exists especially when:
1) the enterprise negotiates on exports of goods and
services at a lower price, and another enterprise has already made an agreement
on exports of the same foods and services at a higher price, thus damaging the
enterprise or society;
2) the enterprise submits false data on its foreign
trade operations to the administrative agency in charge of foreign economic
relations;
3) the enterprise registered for foreign trade
submits false data on its operations abroad to the enterprise for which it
carries out activities in the foreign trade;
4) the enterprise acts at foreign markets contrary
to the law for organized activities, thus damaging the co-signers of the act or
society;
5) the enterprise, bank or insurance agency secures
more favorable conditions for its own operations abroad, at the cost of another
enterprise, bank or insurance agency, thus damaging the enterprise, bank or
insurance agency; and
6) the enterprise, bank and insurance agency, during
their activities abroad, acts contrary of a concluded agreement for organized
activities, thus damaging the co-signers of the agreement or society.
XIV. SUPERVISION AND CONTROL
OVER FOREIGN TRADE
Article 76
Control over foreign trade is executed by authorized
inspection agencies, the State Revenue Bureau, the National Bank of Macedonia
and customs authorities, within frames of their legal authorities.
Article 77
Customs authorities, during customs clearance,
control at the same time whether the realistic condition of exported or
imported goods coordinates with the exports and imports regulations and whether
goods which are required attestation have been attested. For purposes of this
control, customs authorities implement regulations for control during customs
clearance.
Article 78
Enterprises discovered to have been working
irregularly in the foreign trade will not be freed from responsibility for the
violation.
XV. RIGHTS OF NATURAL
PERSONS
Article 79
Domestic and foreign natural persons may freely
bring in and receive from foreign countries, i.e., take out or send to foreign
countries things from their personal baggage, for personal and use of their
families (medicine and medical appliances, educational and recreation
requisites), as well as animals, in quantities not aimed for sale. Things
inherited from abroad may be freely brought in, and are taken out under
reciprocity conditions. Things included in international agreements may be
freely brought in and taken out, in accordance with those agreements.
Domestic and foreign natural persons take or send
out goods, i.e., things of historic, artistic or cultural value upon a license
issued by the administrative agency in charge of culture.
Domestic natural persons may freely import cars not
older than three years, as well as transportation and semi-transportation and
trailers not older than five years.
Article 80
Domestic natural persons of Article 6 (2) of this
Law may, in compliance with prescribed types of exports and imports and within
frames of their registered activities, perform foreign trade operations for
their own needs (exports of their own products and services, imports for their
own production and services, cooperation, investment operations, etc.).
Persons of Para 1 of this Article may, for the need
of performing their registered activity, import a new car or a car not older
than three years, and transportation and semi-transportation vehicles, either
new or not older than five years.
Domestic natural persons performing an activity or
providing service as a professional vocation (lawyers, physicians, dentists,
painters, entertainers, etc.) may, for the needs of their activities, i.e.,
services, import instruments of labor, animals, raw materials and spare parts,
packing material, expendable and marketing materials, in accordance with the
prescribed types of imports.
Article 81
Domestic natural persons who have spent at least two
consecutive years working abroad, i.e., a total of four years of a stay in a
foreign country on whatever basis, as well as foreign natural persons who have
been granted a Macedonian citizenship or an asylum, i.e., permission to be
permanently settled in the republic of Macedonia, may, within one year after
the date of their return from abroad or the date of their settlement in the
Republic of Macedonia or acquiring an asylum or a permission for permanent
settling in the Republic of Macedonia, freely import goods of Article 79 f this
Law, including vessels and cars and transportation vehicles not older than
three, i.e., five years, to be used for the needs of their activities.
Article 82
Domestic or foreign natural persons coming to the
Republic of Macedonia for a temporary stay or going abroad for a temporary
period, may temporarily bring in or receive from abroad, i.e., temporarily take
or send out things of no use to them during their temporary stay in the
Republic of Macedonia, i.e., abroad. The temporarily brought in, i.e., taken
out things of Para 1 of this Article may be used solely for the purposes for
which they have been brought in, i.e., taken out of the Republic of Macedonia.
Domestic and foreign natural persons are obliged,
after the determined time limit, to return the temporarily brought in, i.e.,
taken out things in the Republic of
Macedonia, i.e., abroad.
Article 83
Foreign natural persons who have temporarily stayed
in the Republic of Macedonia for a period longer than two years, and who have
temporarily imported a car according to needs stated in Article 81 of this Law,
may, prior to their leaving the country, import the car after settling customs clearance
and all other obligations towards the state, and sell it in the Republic of
Macedonia.
XVI. PENALTY PROVISIONS
1. Business violations
Article 84
An enterprise will be fined 100-250 average
salaries, if:
1) performs foreign trade activities without a
proper registration for it, unless otherwise prescribed by this Law (Article
3);
2) concludes agreements or performs other activities
for turnover of goods or services out of its registered activities (Article 3);
3) concludes an agreement on imports or temporary
imports of goods not meeting requirements for distribution at markets in the
Republic of Macedonia or goods the distribution of which is banned in the
country of origin, or if importing goods as contrary to the Law of the
Government of the Republic of Macedonia on prohibition of imports of certain
goods (Article 7);
4) performs foreign trade activities without an
approval by the administrative agency in charge of foreign economic relations
(Article 8);
5) during exports and imports, neglects the Law of
the Government of the Republic of Macedonia on classification of goods into
certain types of exports and imports (Article 12);
6) fails to export goods as obliged and within the
time limit stated in the approval of the administrative agency in charge of
foreign economic relations (Article 15);
7) performs compensation operations without an
approval by the administrative agency in charge of foreign economic relations
(Article 18) or purchases goods abroad for sale abroad, i.e., reexports already
purchased and imported or temporarily imported goods (Article 19);
8) transfers a right to carry out investment
projects or part of construction activities on an object in the Republic of
Macedonia to a foreign person, contrary to provisions of this Law (Article 24
and 25);
9) makes use of services of foreign persons the use
of which is limited by the Law of the Government of the Republic of Macedonia
(Article 36);
10) imports goods without a previous public bidding
auction or gathering tenders, or if, during the public bidding auction, i.e.,
gathering offered tenders fails to secure participation by domestic producers
of goods intended to be purchased from abroad, or if conditions prescribed by
this Law (Article 44) are disrespected during the choice of tenders;
11) measures introduced by this Law (Article 52) are
not respected when exporting and importing;
12) establishes an enterprise abroad by making use
of funds not prescribed by this Law (Article 61);
13) fails to bring the profit into the Republic of
Macedonia within the prescribed time limit, after the annual calculation has
been controlled abroad (Article 65(5));
14) fails to bring the remaining assets and rights
of the liquidated enterprise abroad into the Republic of Macedonia within 90
days after the accepted liquidation balance, or fails to bring in the Republic
of Macedonia the enterprise's assets bought abroad in a natural form, or if it
imports them without an approval by the administrative agency of foreign
economic relations (Article 67);
15) fails to carry out the procedure or undertake
other measures prescribed by this Law in cases of liquidation of the enterprise
through which it performs economic activities abroad, or withdrawing assets
from a company with mixed capital or a mixed bank abroad, or a sale of
enterprise to a foreign person, or termination of the agreement on investment
or withdrawing assets on that basis (Articles 66, 71, 72 and 73); and
16) performs an activity of unloyal competition in foreign trade (Article 75).
The authorized employee of the enterprise will also
be punished for business violations of Para 1 of this Article, with a fine of
seven to ten salaries.
Article 85
A fine of 100-250 salaries will be imposed on a
foreign person who has committed a business violation including provision of
services in the Republic of Macedonia, contrary to provisions prescribed by
this Law or regulations brought on the basis of this Law (Articles 36, 37 and
38).
The authorized employee of subjects of Para 1 of
this Article will also be fined with seven to ten salaries for business
violations of Para 1 of this Article.
2. Violations
Article 86
A fine of 35-100 salaries will be imposed on an
enterprise, if:
1) fails to have the agreement on long-term production
cooperation (Article 16) or the agreement on acquiring or transferring the
right to an industrial ownership or knowledge or experience submitted in a
written form to the administrative agency in charge of foreign economic
relations;
2) disrespects the conditions regulating the
conclusion of agreements on construction activities abroad and transferring the
right to construction activities in the Republic of Macedonia to a foreign
person (Articles 25 and 26), i.e., the regulation for conclusion of agreements
for representation of foreign persons in the Republic of Macedonia (Article
35);
3) exceeds the prescribed time limit for returning
the temporarily exported, i.e., imported goods, if temporarily imports goods on
rent without an approval for temporary imports issued by customs authorities,
or if it uses the temporarily exported or imported goods for purposes other
than those they have been exported, i.e., imported (Article 39, item 4),
(Article 40, item 4),(Article 41, item 2);
4) contrary to this Law or provisions brought on its
basis exports or imports goods without a certificate, i.e., verified document,
if required by an law of the Government of the Republic of Macedonia (Article
45);
5) fails to report, within 30 days, to the
administrative agency in charge of foreign economic relations that it has
opened an operating unit or a representative office in the same or other
foreign country (Article 60, item 1), or that the operating unit or
representative office abroad has opened an operating unit in the same foreign
country (Article 70);
6) fails to submit an annual calculation of the
enterprise founded abroad to the Public Revenue Office within 30 days after the
date of acceptance of the calculation, in accordance to regulations in the
country in which the enterprise has been founded (Article 64);
7) fails to report any state of rest of the
enterprise founded abroad to the administrative agency in charge of foreign
economic relations, within 30 days (Article 68);
8) employs a person fined for business violations
prescribed by this Law or any other laws regulating the foreign exchange
operations (Article 92), at a position with special authorities or
responsibility;
The authorized employee of the enterprise will also
be fined by seven to ten salaries for business violations of Para 1 of this
Article.
Article 87
A fine of five to fifteen salaries will be imposed
on a domestic or foreign natural person, if:
1) brings in things stated in this Law contrary to
the provisions of this Law (Article 79); and
2) sells temporarily exported goods, i.e., gives
temporarily imported goods for use by others or purposes other than those the
goods have been exported, i.e., imported for, i.e., if fails to return to the
foreign country of origin imported or temporarily imported or goods brought
into the Republic of Macedonia (Article 82).
Article 88
Besides by financial fines, violations of this Law
may also be punished by declaring a protection measure of confiscation of
things used or were intended to be used for the violation or are a result of
the violation.
If goods, subject of the violation of Article 87 of
this Law, are not to be found, the performer of the violation will be ordered
to pay their full value, taken as a customs clearance base, in accordance to
customs regulations.
Goods will be regarded as not to be found if, from
any reason, they cannot be confiscated by their holder.
The doers of the violation will be held soldierly
responsible for the goods not to be found.
Goods, subject of the violation of this Law, on
which a confiscation measure of protection is prescribed, may be placed at
customs surveillance until the procedure is completed.
Article 89
Court procedures regarding violations of Article 86,
Para 1, items 1 and 2, as well as items 4-9 of this Law, are initially led by
the state foreign exchange inspector, and on violations of Article 87, Para 1,
item 3 and Article 88 of this Law are initially led by the Customs Department.
Any complaints against the decision of the state foreign
exchange inspector or the Customs Department are decided upon by the Ministry
of Finance.
Article 90
A court procedure for violations of this Law cannot
be initiated if two years have passed from the deed of violation.
Article 91
All fines, confiscated property, as well as goods
used or intended to be used for deeds of business violations or violations, or
are a result of the violation, are paid to the budget fund of the Republic of
Macedonia.
XVII. TRANSITIONAL AND FINAL
PROVISIONS
Article 92
Current enterprises and other legal entities,
registered prior to the date of this Law's coming into effect and for
activities in the foreign trade or certain forms of economic activities abroad,
in accordance with the Law on Foreign Trade (Official Gazette of the Socialist
Federal Republic of Yugoslavia, No. 63/89 and 11/91) may continue with their
work.
Exports and imports in accordance with agreements
for a long-term production cooperation , concluded and approved of prior to the
date of this Law's coming into effect, are realized in accordance with
provisions of the approved agreements, during the period of their validity.
Article 93
In case of termination of the right to perform
foreign trade activities, the enterprise may complete begun foreign trade
activities or leave them to the enterprise registered for foreign trade
activities.
Article 94
Domestic enterprises, which by the coming of this
Law into effect are approved, i.e., registered for activities in the foreign
trade, i.e., certain activities in the foreign trade, are obliged, within 60
days of the date commencing the effect of this Law, to submit to the
administrative agency in charge of foreign economic relations, the decision
issued by the administrative agency in charge of foreign economic relations of
the former Socialist Federal Republic of Yugoslavia, regarding the
registration, as well as all changes in the form of the economic activities, as
registered by that agency.
Article 95
Provisions and other general acts resulting from
this Law will be brought within 60 days after the date on which the Law comes
into effect.
Article 96
The Government of the Republic of Macedonia may
authorize other institutions for performing certain functions.
Article 97
On
the date of coming of this Law into effect, the Law on Foreign Trade (Official
Gazette of the Republic of Yugoslavia, No. 63/89 and 11/91) becomes null and
void on the territory of the Republic of Macedonia.
Article
98
This Law comes into effect on the date of its
publication in the Official Gazette of the Republic of Macedonia.