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N.B.:
The following questions are not necessarily FAQs, but are those
put forward to us now and then
Questions:
1- Is there any restriction against
importation of goods of Canadian and or American origin into Iran's
Free Zones and or the Iranian mainland?
2-Is it possible to
import vehicles, of any kind, into Iran's Free Zones?
3-Is there any advantages
for the Persians (Iranians) to do
business in Iran's Free Zones?
4-What are those criteria
concerning registration of a company, trademark, know-how and etc
to be made by a representative, an attorney and or authorized agent
to proceed application filing in Iran? If there are any,
a) What are the preparatory requirements for
such documentations?
b) Is the letter of attorney/authorization to be lodged simultaneously
with the
filing application?
c) Is there any requirement for notarization of such documents?
d) Is the applicant to declare the time of trademark utilization
in Iran?
e) Are there any legalization preconditions by the Iranian Consulate
in a foreign
country?
f) Are the articles of association of a company/ and its nationality
to be certified by
notary public to be witnessed?
5-Are there any legal
regulations/rules in Iran prohibiting unfair trading practices (e.g.
price fixing, market sharing between competitors, abuse of dominant
position etc) and governing merges between businesses?
6-
Question: How can we get information about the prices of land in Iran 's Free Zones?
7-
Question: What is the legal status of an investor who is active in a free zone but has also office(s) and activities in other parts of the country (mainland) from the view of tax exemption or tax subjection?
8-Question: Who is in charge of implementation of the Law of the attraction and protection of foreign investments?
9-
Question: How can an investor/producer sell the produced goods in the Free zone in the mainland of Iran ?
10-Question: Has any applicant, for registration to have an office or any domicile to declare it to the Registration authorities?
11-
What are the steps for establishment of an industrial enterprise in Iran 's Free Zones?
12-What are those required documents for registration of a private joint stock company in Iran 's Free Zones?
1-Question:
Is there any restriction against importation of goods of Canadian
and or American origin into Iran's Free Zones and or the Iranian
mainland?
Answer:
There are no restrictions on importation of the
Canadian and or American made goods into the Islamic Republic of
Iran.
We however recommend the interested people to visit the web site:
www.irtp.com where
you will find the Export-Import Regulation Act 2001-2001.
As for Iran's Free Zones, one shall see basic information, on those
Zones in the web site www.iftiz.org.ir
2-Question:
Is it possible to import vehicles, of any kind, into Iran's Free
Zones?
Answer:
1- Importation of vehicles (of all kinds), whether for personal
use or as a part of capital investment, into an Iranian Free zone
is allowed provided that the importer should apply for the matter
to the Free Zone Authority.
2- Once the vehicle is imported into the Free Zone, all those importation
official charges shall be collected by the Free zone authority.
The imported vehicle shall be registered and numbered in the Free
Zone and is not supposed to enter in to the mainland.
3- In case of Chabahar, as it is adjacent to the mainland, all cars
registered and numbered in the free Zone can move within the distance
of 30 kilometers of the borders of Chabahar Free Zone. Any car numbered
in the Free Zone and seen out of delimitations of free zone shall
be stopped by the disciplinary forces and returned back to the Free
Zone. In repeated cases the owner shall be fined as well.
4- For more information, we seriously recommend you to get in touch
directly with the Chabahar Free Zone Authority whose complete address,
phones faxes and e-mail address can be found in our
web site.
5- Importation of cars into the mainland is
basically forbidden. In this regard we recommend you to look up
the Exports-Imports general regulations of the Islamic Republic
of Iran. The relevant law and regulations thereof is inserted in
website: www.irtp.com
This address can be found as a link in our
own web site.
3-Question:
Is there any advantages for the Persians (Iranians) to do
business in Iran's Free Zones?
Answer:
All persons (legal or natural, Iranian or foreigner) take the same
advantages of
all the facilities being at the disposal of the investors. One should
look up the
law and regulations on the administration of Iran's Free Zones.
We hope that
all those questions raised by you are answered clearly. But should
you have
any specific question, do not hesitate to get in touch directly
with the Free
zone authority and or ask the Secretariat of the High Council of
Free Trade-
Industrial Zones.
4-Question:
What are those criteria concerning registration of a company, trademark,
know-how and etc to be made by a representative, an attorney and
or authorized agent to proceed application filing in Iran? If there
are any,
a) What are the preparatory requirements for such documentations?
b) Is the letter of attorney/authorization to be lodged simultaneously
with the
filing application?
c) Is there any requirement for notarization of such documents?
d) Is the applicant to declare the time of trademark utilization
in Iran?
e) Are there any legalization preconditions by the Iranian Consulate
in a foreign
country?
f) Are the articles of association of a company/ and its nationality
to be certified by
notary public to be witnessed?
Answer:
a) Registration of any company, representative or branch in Iran
is to be made by
a representative of the company having in hand an official letter
of
authorization;
b) Simultaneous submission of letter of attorney and or letter of
authorization to apply for registration of a company, trademark(s),
know-how ,etc. in Iran is not necessarily mandatory, but the attorney
or representative of the company is to submit his/her official attested
and valid letter of attorney and or letter authorization in the
time of signature of registration books;
c) A registered company and or a trademark, know-how, etc., is valid
and usable once the registration is made in the Title Deeds Organization
of the Islamic Republic of Iran.
d) In foreign countries, the relevant forms to produce a letter
of attorney and or letter of authorization are at the disposal of
the Consular Sections of the Embassies of the Islamic Republic of
Iran. The forms, having been filled by the applicants are signed,
sealed, certified and attested by the consular section;
e) The issued letters (forms) of Attorney and or letters (forms)
of authorization shall be sent, by the applicant to the Ministry
of Foreign Affairs of the Islamic Republic of Iran, to be attested
again. These documents are valid to be produced at any government
department.
f) Any foreign person (legal or natural) applying for registration
of a company, representative, branch and or a trademark, know-how
etc., must have been officially registered with the competent departments
of country of origin. These documents are also valid to be presented
to any government department, once they are certified by the Consular
sections of the Embassy of the Islamic Republic of Iran, and attested
by the Ministry of Foreign Affairs.
5-Question:
Are there any legal regulations/rules in Iran prohibiting unfair
trading practices (e.g. price fixing, market sharing between competitors,
abuse of dominant position etc) and governing merges between businesses?
Answer:
1- As for the unfair trading practices, a new bill
(to be titled as The Law on Protection of Consumers) has been recently
submitted to the Parliament and will soon be passed.
In that bill all the points concerning unfair trading
practices such as price fixing, market sharing between competitors,
monopolies, and merges in business, are all, taken into account.
2- As for the breaches and violation of law committed
by the by the
retail sellers and shoppers who overcharge determined prices of
the
goods, or hoard the goods to sell higher and so on , there is State
Punishment Act deals with such issues. Such kinds of punishment
have
maximum and minimum limits determined by law and judge respectively.
6-Question: How can we get information about the prices of land in Iran 's Free Zones?
Answer:
Lands in the free zones are specified for various applications such as residential, commercial/ services, industries( various types of large scale, medium scale and small scale), public utilities/infrastructures. Each lot of land may have its peculiar price according to its application and geographical location. The price land varies according to area, location and purpose of utilization. Each free Zone authority shall put all latest information about the prices and conditions of selling and or leasing the land at the disposal of the potential enquirer. It should be noted that land in the Free Zones is sold and or leased to the Iranian nationals but shall only be leased, and not sold, to the foreign nationals. The Free Zone Authority shall determine on leasehold tenure accordingly.
7-Question: What is the legal status of an investor who is active in a free zone but has also office(s) and activities in other parts of the country (mainland) from the view of tax exemption or tax subjection?
Answer:
That part of the activities carried out in the free zone is exempt from payment of all kinds of taxes, except for payment of those levies and service charges collected by officials, but that part of the business done in the other parts of the country (mainland) is subject to the payment of imposed taxes. The tax collector determines the inclusion and or non-inclusion parts of business.
8-Question: Who is in charge of implementation of the Law of the attraction and protection of foreign investments?
Answer 1 :
As for the Free Zones, the answer can be found in the Regulations on Investment in the Free Trade -Industrial Zones (refer to the section of Legal structure). For more queries please get in touch with the very free zone authority.
Answer 2 :
As for the other parts of the country (the mainland), please visit the web site: www.investiniran.ir
9-Question: How can an investor/producer sell the produced goods in the Free zone in the mainland of Iran ? Answer:
If the goods produced in the free zone is to be exported/distrbut4d/sold in the mainland it is subject to General regulations exports and imports enforced in the mainland (click here), but there has been provided Special Facilities for Import of Goods Produced in the Free Trade-Industrial Zones in to the Mainland (click here).
10-Question: Has any applicant, for registration to have an office or any domicile to declare it to the Registration authorities? Answer:
An applicant does not necessarily need to have a domicile when applying for registration. Applicants for registration of an office or a company have at least to rent a mail box at the post office, as their temporary domicile, in the Free Zone for a maximum period of 3 months.
Once they have their office and or company registered they are to declare their permanent domicile.
11-Question: What are the steps for establishment of an industrial enterprise in Iran 's Free Zones? Answer:
1) A Written application, completed questionnaire(to be obtained from Kish Free Zone Authority), submission of the relevant feasibility study and obtaining the license;
2) Selection of the required land (from among the various industrial sites on Kish Island followed by conclusion of a land purchase contract with the Kish Free Zone Authority (Iranian nationals can purchased and or rent the required land but the foreigners can rent the land) ;
3) Submission of executive maps and obtaining the construction license and commencement of construction and accomplishment of buildings and premises;
4) Importation and installation of machinery;
5) Importation of raw materials;
6) Starting up of the factory and obtaining of exploitation license (permit)
7) Application for issuance of license (permission) for fixation of the percentage of the volume of goods produced in the Free Zone but possible to be imported in to the Iranian mainland free of duties and commercial benefits.(For more and detailed information, please refer to: http://www.freezones.ir/law12.html ).
12-Question: What are those required documents for registration of a private joint stock company in Iran 's Free Zones?
Answer:
1) Two copies of letter declaration signed by all of the shareholders;
2) Two copies of the Company's article of association signed by all the
founders of company;
3) Two copies of the minute of founders general assembly signed by all the shareholders and inspectors;
4) Two copies of the minute of first cession of the board of directors signed by all members;
5) Two copies of the first page of ID certificate of all managers, shareholders and inspectors (in case of legal persons a copy of the official gazette proclaiming the legal entity is accepted instead); As for the foreign national a photocopy of passport, and for foreign companies and institutions, submission of their company's registration documents of the country's of origin is required. Those documents have to be attested by the legation of the Islamic Republic of Iran( embassy or consulate) in the country of the applicant and officially translated into Persian;
6) Certification made by a bank located in the relevant free Zone attesting that a minimum of 35% of cash capital investment is already paid up;
7) Assessment of the non-cash capital investment made by a legal assessor in case the whole or part of the company's capital is not cash;
8) A photocopy of the economic activity permit issued by the Economic Deputy of the Free Zone Authority;
9) A letter of confession declaring that all the charges pertaining to the registration of company and proclamation in the official gazette thereto is accepted by applicant;
10) Process of officially sealing (plumbing) of all the accounting books.
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