Guided by the eighth paragraph of Article 119 of the Constitution of the Republic of Azerbaijan, the Cabinet of Ministers of the Republic of Azerbaijan decides:
The following changes should be made in the "Rule on the Application of the Purchase Discount" approved by Resolution No. 495 of the Cabinet of Ministers of the Republic of Azerbaijan dated December 30, 2023 (Legislative Collection of the Republic of Azerbaijan, 2023, No. 12 (Book II), Article 1830 (Volume I):
1. On part 2:
1.1. In paragraph 2.1, the words "provided to the supplier who is the manufacturer of the goods" shall be replaced by the word "provided" and from that paragraph "and on the basis of a certificate confirming the country of origin of the goods issued by the Service, and in relation to the supplier who is not the manufacturer of the goods, the country of origin of the goods presented to him remove the words "confirming certificate";
1.2. Remove the words "or the certificate confirming the country of origin of the goods" from paragraph 2.2;
1.3. Remove the words "producer" from paragraph 2.3;
1.4. Remove the words "(in case)" from subsection 2.3.2;
1.5. Subsection 2.3.3 shall be repealed;
1.6. Clause 2.4 should be amended as follows:
"2.4. Within 5 (five) working days from the date of registration of the application, the Center shall provide an opinion on the origin of the goods based on the results of the examination, taking into account the documents mentioned in paragraph 2.3 of this Regulation, the manufacturer's information and the results of the inspection of the production facility. The local (Azerbaijani) origin of the goods submitted for procurement is determined based on the following criteria (if one of them is met):
2.4.1. fully manufactured goods (provided that the purchase of food products does not fall under the scope of the Law of the Republic of Azerbaijan "On State Procurement"):
2.4.1.1. Natural resources extracted in the territory of the Republic of Azerbaijan, including in the internal waters of the Republic of Azerbaijan, in the part of the Caspian Sea (lake) belonging to the Republic of Azerbaijan, from the airspace above the Republic of Azerbaijan;
2.4.1.2. waste and scraps (recycled raw materials) obtained as a result of production or other operations on recycling, as well as products collected, used and considered suitable for recycling raw materials in the Republic of Azerbaijan;
2.4.1.3. High-tech products obtained in outer space on a spaceship owned by the Republic of Azerbaijan or leased (chartered) by it;
2.4.1.4. goods produced in the Republic of Azerbaijan from the products mentioned in subsections 2.4.1.1-2.4.1.3 of this Regulation;
2.4.2. goods determined on the basis of sufficient processing or recycling criteria - in the case of production of goods and materials originating from two or more countries, if sufficient processing or recycling was carried out in the Republic of Azerbaijan, those goods are considered to be of local (Azerbaijan) origin. The criterion of sufficient processing or recycling is expressed by the fulfillment of the following conditions:
2.4.2.1. As a result of processing or recycling in the territory of the Republic of Azerbaijan, the change of the product position (product classification code) at the level of at least one of the first four digits in the product nomenclature position of foreign economic activity;
2.4.2.2. giving the goods its characteristic features by fulfilling the necessary conditions, production and technological operations in the territory of the country;
2.4.3. If a product that meets the conditions of local origin of the product is used in the production of another product during the application of the criterion of sufficient processing or recycling (in terms of determining the country of origin of the product), then the requirement of origin applied to the materials used for the production of that product shall be applied during the determination of the country of origin of the product. is not taken into account.";
1.7. Add clause 2.5 as follows:
"2.5. The number of local labor force participating in the production of the goods should be more than 50 (fifty) percent of the total number of workers in accordance with the criteria mentioned in clause 2.4 of this Regulation.
2. On part 5:
2.1. The words "including the supplier who submitted an opinion on the origin of the goods" should be removed from paragraph 5.2, and the words "certificate confirming the country of origin" in that paragraph should be replaced by the words "the expert report on determining the country of origin of the goods";
2.2. In paragraph 5.4, the words "certificate confirming the country" should be replaced by the words "expertise act on determining the country".
3. Addendum to that Regulation - the words "name of the manufacturer" in the "Application" are replaced by the words "the name of the supplier (surname, first name, patronymic in the case of a natural person)" and the words "head of the manufacturer" are replaced by "the executive of a natural person or legal entity acting as a supplier the head of the body" should be replaced with the words
