Law on export licence fees for timber

1 THE LAW OF GEORGIA ON EXPORT LICENSE FEE FOR TIMBER Chapter 1 General Provisions Article 1. Terms Used in the Law: Terms used in the law have the following meaning: a) “Export” - export of goods (customs control when goods are taken out from the territory of customs of the country without conditions of bringing them back to the same territory. The above control is regulated in accordance with the Georgian legislation). b) “Sustainable development” - the system of the development of the society which by taking into consideration the economic development of the society and environment protection interests ensures the rise of living standards of the population and the right of the future generation to utilize natural resources and the environment protected from irreversible quantitative and qualitative changes at a maximum. c) “Guidelines of sustainable development” - are the principles integrated in “The Rio-Declaration of Environment Protection and Development”, UN conference on environment and development, Rio de Janeiro, 1992, “21st century global sustainable development program - agenda 21" and in the final documents of the declaration of non-legislative obligations on the protection of forests and sustainable development and management principles;” d) “Classification of products of the foreign economic activities (NACE code)“ - “On the register of goods and coding “, the system defined by Brussels international convention of July 14, 1983 and the harmonized system of goods register and coding designed by the council of cooperation of customs (the obligation to introduce the uniform classification is envisaged by the agreement concluded by Georgia in Moscow on November 3, 1995, ” The uniform classification of goods for foreign economic activities of the CIS”. e) “Group of goods of the foreign economic activities “ - defined by the classification of goods of foreign economic activities, classified by its origin and /or function, group of similar types of commodity. f) “Code of the position of goods” - four digit code determining the position of the harmonized system of foreign economic activities (such code comprises codes of subpositions and sub-subposition of goods in commodity position); g) “Code of subposition of goods” - six digit code determining subposition of classification of goods of foreign economic activities (therefore, the code comprises codes of sub-subpositions of goods subposition). h) “Code of under subposition of goods” - nine digit code defining sub-subposition of classification of goods of foreign economic activities (goods of unitary level are registered under this code). I) “Timber” - all kinds of goods described and coded under 44 of NACE code by positions of goods, 2 subpositions and under subpositions. Article 2. Scope and Goals of the Law Regulation. 1. The law controls legal relationship in timber export throughout the territory of Georgia. 2. The basic goals of the law are: a) to ensure efficient utilization of forest resources on the principle of sustainable development; b) to facilitate the protection and sustainable development of protection of the environment and natural resources. CHAPTER II . Basic Provisions Article 3. Types of Timber Raw Materials Banned for Export 1. The following types of timber export is subject to licensing: a) “wood for heating purposes (firewood) cuttings of branches, cheeps, brushwood or something similar to it” - group 44 of the harmonized system of foreign economic activity (commodity code number 4401); b) unprocessed timber, wood with bark and without it, roughly logged or un-logged “ - group 44 of the harmonized system of foreign economic activity (commodity code number 4403); c) group 44 of the harmonized system of foreign economic activity (commodity code number 4404); 2. The export license fee per one cubic metre of timber shall be determined at the rate of lari 60. Article 4. Registration of the Information on Timber Export The information on timber export is recorded according to the general regulations of maintaining customs statistics in the field of foreign trade established by Georgian legislation. moreover, the information shall include in addition to other parameters for goods specification the amount of export timber measured in cubic and/or length metres. Article 5. Responsibilities for the Law Violation The responsibility for the violation of the law is determined by Georgian legislation. CHAPTER III Transitional Provisions Article 6. Transitional Provisions Related to the Enactment of the Transitional Provisions 1. The export of timber described and coded by 4406 and 4407 of group 44 of NACE code of commodity position is permitted only by submitting a document confirming the right to produce timber issued by the 3 State Department of Forestry of Georgia, to the customs department together with the documents necessary for customs registration and established by the legislation. 2.The document confirming the right to produce timber issued by the State Department of Forestry of Georgia shall include the following data: a) information on the concrete forestry farming, region and district where the timber was produced; b) information on the amount of the timber in cubic metres, the type and the period of cutting down the timber ; c) information on the utilizer of the forest (legal address and other requisites); d) if it was produced by cutting down the timber of general utilization - a licence with the number and the issuance date on utilization of plant resources (including timber) issued by interdepartmental expertise council; e) if it was produced by cutting down the timber for the purpose of taking care - a document confirming the purchase and showing the timber purchasing date from the organization coming under the State Department of Forestry; 3. Within the administrative borders of Adjara and Apkhasia, in the case of timber cutting certificate, pointed out in point 2 of this Article, shall be issued by the Forestry Departments of Adjara and Apkhasia. 4. The certificate pointed out in point 2 of this Article, shall be granted to the forest user only. CHAPTER IV. CONCLUDING PROVISIONS. Article 7. Enactment of the Law. The present Law shall become effective from July 1, 1998. /s/ Eduard Shevardnadze President March 31, 1998