LOGISTICS OF EXPORTING TO EURASIA SERIES
Product
Certification Process in Azerbaijan
By Bakhtiyar I. Mamedov, BISNIS Azerbaijan April 2005
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INTERNATIONAL
COPYRIGHT U.S. DEPARTMENT OF COMMERCE, 2005. ALL RIGHTS RESERVED OUTSIDE OF THE
UNITED STATES
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***NOTE:
This report should be used for general reference purpose only. As certification-related legislation and
regulations are constantly changing, it is advised that exporters consult with
certification agencies from the country of importation to obtain accurate and
current information that would pertain to their specific transaction***
I. OVERVIEW OF CERTIFICATION AND
CONFORMITY ASSESSMENT SYSTEM
With considerable international assistance, the government adopted a comprehensive State Program on Poverty Reduction and Economic Development (SPPRED) for 2003-2005 and established a secretariat to oversee the program. The SPPRED identifies priority public investment projects and provides a framework for donor assistance and government expenditure to promote economic development in the non-energy sector.
Following meetings between the president and the foreign and domestic business communities in Spring 2002, the government issued a series of pro-reform decrees in August-October 2002 to address business climate concerns. The decrees reduced the number of activities subject to certification and licensing, streamlining the licensing procedure. The government created an SME Entrepreneur's Fund, improved tax administration, and restricted harassment of businesses by government authorities. An Entrepreneurs' Council, consisting of domestic and foreign companies and reporting to the president, first convened in July 2003. As a result of these and other reforms, there have been improvements in the business and investment climate.
There are several companies involved in international inspection, expedition and certification in the Azeri market. The local market realizes that an internationally recognized certificate from a multi-accredited certification body certifies it as a first-class endorsement of their management system, wherever they trade.
Moody International
Certification has established its business in Baku, and has distinctively
certified BP Exploration's environmental system to ISO 14001 in December
2000. The approach of continuous assessment
during implementation has proven beneficial to both the client and the
certifying body.
1. Management systems certification
includes:
The certification that Bureau Veritas delivers in Baku covers both voluntary and statutory procedures and is based upon national or international standards, generic or sector schemes, or tailor-made development.
2. Regulatory Agencies and their functions
State Standardization, Metrology and Patenting Agency
Address: 124 Mardanov Gardashlari
Baku, Azerbaijan
Tel: (994 12) 4498490, 4405154
Fax: (994 12) 4405224
Contact: Ms. Khalida Masimova, General Director
According to the protocol department of the
Cabinet of Ministers, the State Agency of Standardization and Patenting is
responsible for certification. This
agency is under the Cabinet of Ministers and headed by Ms. Khalida Masimova.
3. Current Legislation
September 2002 Presidential decree, "On Activities and Commodities Requiring Special Permission, Certification (Licenses)," reduced the number of activities subject to certification and licensing from 270 to 30, with the term of all certificates and licenses being increased to five years. While this step has been welcomed by the business community as of August 2003, it remains unclear as to what practical, day-to-day effect this decree will have on business.
Some industries do not require licenses. The Azeri government has signed a number of Production Sharing Agreements (PSAs) with consortia comprised of the oil majors. The first PSA was inked with the Azerbaijan International Operating Company (AIOC) in 1994 to develop the offshore Azeri - Chirag - Guneshli (ACG) field. Since then, the Azerbaijan parliament has ratified a total of 22 PSAs. These PSAs provide a solid foundation for foreign investment in oil and gas-related sectors of the economy.
II. CERTIFICATION
PROCESS BASED ON COMMODITY TYPE
The following is a non-exhaustive list of activities subject to certification/licensing (as of Fall 2004) based on the authority responsible for issuing the certification/license:
Ministry of Fuel and
Energy
Ministry of Health
State Committee for
Construction and Architecture
Chamber of Auditors
City and region executive
organs (with the exception of city districts)
Ministry of
Telecommunications and Information Technologies
Ministry of Ecology and
Natural Resources
Ministry of Economic
Development
Ministry of Education
Ministry of Finance
· Production of controlled accounting forms
Ministry of Internal
Affairs
Ministry of Labor and
Social Protection of People
Ministry of National
Security
Ministry of
Transportation
· Transportation of passengers and goods by sea
· Transportation of passengers and goods by air
Ministry of Youth, Sports
and Tourism
National Bank of
Azerbaijan
State Committee for Land
and Cartography
State Committee for
Securities under the President
Nakhchivan Autonomous
Republic
2. Certificate Of Conformity
While importing food products to Azerbaijan,
the importer has to work with all three agencies. StandCom check points will soon be established at customs control
posts. Currently, StandCom is working
out its charter and regulations with assistance of the EU commission.
More and more companies, and from many
different sectors in Azerbaijan, are seeking conformity assessment through
several service providers. Their
objective is to enhance the value of their activities, projects, products and
services.
Conformity assessment is one of the four core
activities of Bureau Veritas represented in Azerbaijan, along with consulting,
training and certification. Bureau
Veritas assesses the conformity of all kinds of products, equipment, and
services to local or international standards and regulations.
The advantages of conformity assessment for
companies are varied and significant.
Conformity assessment of some companies in Azerbaijan can cover quality, health
& safety, environmental and social accountability issues, and is generally
based on reference documents which can be any of the following:
These companies also provide auditing/assessment,
testing/measurement, inspection, and rating services. They also assist companies with recommendations in order to
comply with the requirements.
Regulating agency
List of required
documents
·
Quarantine
Inspection Resolution-by Quarantine Inspection
The following
documents should be appended to the Application:
The Ministry of Telecommunications and Information
Technologies Ministry Certificate
In the telecommunications sector, the Ministry of Communications has retained a 51 percent share in most enterprises. This fact, as well as regulatory interference from the Ministry, has hindered investments in broadband and wi-fi technology. Internet access is adequate in Baku, but many outlying regions of the country, where landline telephones need modernization, still do not have access to the internet. E-commerce does not yet exist in any meaningful way in Azerbaijan.
Regulating agency
The Law on Telecommunications and Information Technologies is the main legislative act regulating the
industry. Telecommunications services
must be certified/ licensed. The
Ministry is required to keep а register of telecommunication certificates
and licenses that have been issued, registered, suspended, or renewed.
List of required
documents
Foreign companies may apply for certification directly; representatives or physical persons applying on behalf of company are not required. The Ministry of Communications and Information Technologies requires the completion of two forms, the first for technical compliance, the second for safety and ecological indication.
Under the
Telecommunications and Information Technologies Law, the state has exclusive
ownership of the spectrum of radio frequencies. The State Radio Frequencies Commission is authorized to issue
radio frequency use permits to telecommunications businesses. This Commission also prescribes the rules
and procedures for obtaining such permits and for operating at various
frequencies.
III. WHAT TO
EXPECT DURING CERTIFICATION PROCESS
The Certification and licensing process presents obstacles for some firms in Azerbaijan. However, a September 2002 Presidential decree, "Activities and Commodities Requiring Special Permission, Certification (Licenses)" reduced the number of activities subject to licensing from 270 to 30 with the term of all licenses increased to five years. While this step has been welcomed by the business community, as of August 2003, it remains unclear as to what practical, day-to-day effect this decree will have on business.
President Aliyev issued a series of decrees to remove obstacles to doing business in this country, resulting in some consequent improvements in tax administration and the creation of an Entrepreneur's Council reporting to President Aliyev. Despite Azerbaijan's macroeconomic successes and initial efforts to take on structural economic reform, this country remains a difficult place to do business given arbitrary customs administration, a weak court system, monopolistic regulation of the market, and corruption.
Certification companies in Azerbaijan have issued ISO certificates world-wide covering a wide range of industry and service sectors and their clients range from multi-national companies to small, family owned organizations.
Lead time
The State Standardization Committee registers the application upon receipt. The period of consideration of an application cannot exceed three months from the day of its registration. The State Standardization Committee may require additional information from an applicant, including the findings of an expert institution about the organizational and technical preparedness of an enterprise to carry out the licensed activity, before granting a license.
The State
Standardization Committee, Vet Committee and Quarantine Inspection Resolution
fix rates for each type of license according to price. Rates are established as multiples of the
minimum wage rate per month, to be periodically raised by the Azerbaijan law,
and range now from $250.00 to $800.00.
Expenses for
examination of documents, presented with a license application, are not
included in the cost of issuing the certification or license. The applicant must pay separate fee for the
examination of documents. Payment
should be made to appropriate examination organizations. The rate of charge for the examination is
negotiable.
In case of refusal
to issue the license, deposited fees are not reimbursed to a declaring
party. The same fee is charged for
license extension and re-registration (in case of changing the conditions of
license issuing) as for the license's issuing.
Companies that have
been licensed will be subject to periodic surveillance by the State
Standardization Committee’s regional bodies.
These bodies are responsible for ensuring that licensees observe all
conditions during the period of the license.
In addition to the State Standardization Committee, the Ministry of Economic Development has established regional branches throughout the country. These bodies form a united system to maintain state control and supervision in Azerbaijan.
IV. ADDITIONAL INFORMATION
1. Packaging, marking, labeling
requirements
The Law requires labeling on food products
imported to Azerbaijan. The Label
should have the description of product's composition, components and energy
balance in Azeri language.
According to the protocol department of the
Cabinet of Ministers, the State Agency on Standardization and Patenting is
responsible for labeling. This agency
is under the supervision of the Cabinet of Ministers and headed by Ms. Khalida
Masimova at tel: (994 12) 4403553.
Company: SGS Azeri Ltd. Address: 3001 Tbilisi Avenue Baku AZ1102, Azerbaijan Tel: (994 12) 4303380, 4303381, 4303381 Fax: (994 12) 4303371 Web: www.sgs.com/contact_us?clickedcountry=10 Contact: Teymur Abbasov, General Manager
Company: Bureau Veritas Azeri L.C.C. Address: 191 Bashir Safaroglu, Apt 42/44 Baku, Azerbaijan Tel: (994 12) 4973526, 4973529 Fax: (994 12) 4973526, 4973529, 4930756 E-mail: Arbil.Boz@bureauveritas.com.az Contact: Arbil
Boz, Country Representative
Company: Moody International LTD. Web: www.moodyint.az Contact: John Norton, General Manager
22 Boyuk Gala / Icheri Sheher (Inner City)
Baku, Azerbaijan
Tel:
(994 12) 4971880; (994 50) 221 5616
Fax:
(994 12) 4971887
Certification Division E-mail: certification@moodyint.az
CERTIFICATION
ENQUIRY / APPLICATION
Please provide the following information to enable
Moody International to advise you of the certification cost for your
organization.
1)
Company name:
Address:
Contact:
Position:
Tel No.:
Fax No.:
E-mail
2) Standard to be Certificated:-
ISO 9001 ¨
ISO14000 ¨ OHSAS 18001 ¨ HACCP ¨ QS 9000 ¨ Other __________
3)
Accreditation Mark Sought (if known):
UKAS (UK)
¨ TGA (Germany) ¨
SINCERT (Italy) ¨ RAB
(USA) ¨
RvA (Holland) ¨ COFRAC (France) ¨ RENAR
(Romania) ¨ PNAC (Pakistan) ¨
DSM (Malaysia) ¨Other
_______
4)
Activities for which certification is required:
Description of products
and/or services :
5)
Sites and Locations
Name/location
of site Number
of employees within scope
of required certification
Site 1(Head office) : _________________ _____
Site 2 : _____________________________ _____
Site 3 : _____________________________ _____
(Please
use additional pages if more than 3 sites)
Is there a shift system in operation? YES/NO
If yes, how many shifts cover the same activity?
_______
6) Please give approximate dates
when you will be ready for :-
(a) your Quality
Manual/documents to be reviewed: ____ /
____ (Month/Year)
(b)
an on site audit of your system to take place: ____ / ____ (Month/Year)
7) Audit
Language? (If not English):
Verbal: Written:
8). Additional Information
Have
you used a consultant to help you prepare for certification? YES/NO
If
YES please give the consultants name or organization:
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FOR ADDITIONAL INFORMATION, PLEASE CONTACT:
Mr. Bakhtiyar Mamedov
BISNIS Representative, Baku
Embassy of the United States of America
83, Azadliq Avenue
Baku 370007, Azerbaijan
Phone: 994124980335
FAX: 994124986117
Email: mamedovb@state.gov