New Mechanism for Importing Capital and Durable Consumer Goods from 22 November 2018
Nourlaw.com-20 October 2018-Tehran- Mohammad Shariatmadari, the Minister of Industry, Mines and Trade (MIMT), in a letter addressed to his deputies set out the new mechanism for importing capital and durable consumer goods. In the letter No. 60/191668 dated 21/07/1397 (13 October 2018), the new mechanism for importing capital and durable consumer goods, which requires registration of official agency of the foreign company in Iran, is notified as follows:
1. According to the single-clause bill of the Law for Allowing the Registration of a Branch or Representative of Foreign Companies approved on 21/08/1376 (12 November 1997) and its implementation regulations, those foreign companies which are legally established in their country, depending on reciprocal conduct, can apply for registering a branch or agency in the fields of activity prescribed by the State of the Islamic Republic of Iran and within the framework of the law and regulation of the country. Therefore, it is necessary that the applicant first refer to the Office General for Registration of Companies and Non-commercial Establishments and take action for registration of the representation (agency).
2. In case natural or juridical persons who have applied for registration of agency at the Office for Registration of Companies and Non-commercial Establishments, desire to import capital or durable consumer goods which are subjected to agency registration (according to Article 4 of the Law of Protection of the Rights of Consumers) such as heavy or light vehicles, industrial or agricultural and road construction machinery, home appliances, electrical and electronic products, audio and video equipment and communication devices, they should, before registering the orders, provide commitments to the Deputy for Industries Affairs of MIMT for rendering after sale services (in case of vehicles) and required commitments to the Consumers and Producers Protection Organization (in case of other goods).
3. The Consumers and Producers Protection Organization and Deputy for Industries Affairs, after notifying the regulations related to the after-sale services to the applicants and obtaining the commitment of the applicant for rendering optimal service to consumers, shall send the documents to the Office of Export and Import Regulations for order registration.
4. The Office of Export and Import Regulations, after receiving the information on the agency, will take the necessary measures for registering the order for the related goods.
5. The agent is obliged to announce the information on the amount of import of the goods subjected to the agency registration in quarterly periods, so that the procedure of rendering after-sale services can be assessed and controlled by the Consumers and Producers Protection Organization and the Deputy for Industrial Affairs.
6. In each stage of the agent’s activity, if there is a private claimant or the aforesaid regulatory authorities do not evaluate the agent’s function as optimal on the basis of the controlling standards of after-sale services, the case will be referred to the Office of Export and Import Regulations and the said office, after receiving the opinion of the aforesaid authorities, must immediately stop the order registration of the goods for the agent. The resumption of the activity of the agent shall depend on the approval of a committee which is made up of the Consumers and Producers Protection Organization, the Technical Deputy and the Economic and Trade Affairs Deputy of MIMT.
7. All the aforesaid actions will be done electronically in the framework of the designed online systems with the minimum of personal reference and the various deputies involved in such procedure in the ministry are obligated, under the supervision of the Deputy of Economy and Trade Affairs, to make the necessary arrangements for making this procedure operational as from 01. 08.1397 (22 November 2018). It is understood that as from such date the issuance of agency activity permits at the Center for the Affairs of Guilds and Merchants will stop and the new mechanism will henceforth apply.