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General Rule: No Export Permit Required.
With the exception of goods specified in the Export Control List established, the exportation of goods from Kosovo shall not require a permit or any other type of permission or license from any public authority. See Law no. 2002/6 on Activities of External Trade, Articles 27 to 37.
Export Control List
The Government shall have the authority to establish a list of goods called the Export Control List. Such a list shall specify those types and/or classes of goods the export of which requires a permit. The Government may include on such a list a type or class of good only if there are clear, substantial and objective reasons demonstrating that it is necessary to control the export of such a type or class of goods in order to materially advance the achievement of one of the following purposes:
to prevent an infringement of intellectual property rights;
to implement restrictions on export transactions involving gold;
to protect endangered species of plants or animals;
to protect items designated as national treasures and having recognized and significant artistic, historic or archaeological value;
to implement obligatory provisions in an international agreement;
to implement measures that are clearly and substantially necessary for the conservation of exhaustible natural resources, but only if such measures are accompanied by significant government controls on domestic production and consumption of such resources;
to implement temporary measures imposed for the purpose of ensuring a minimally adequate supply on the domestic market of basic and essential foodstuffs or other vital goods; however, export restrictions for such purpose shall only be permitted in cases where it can clearly be demonstrated that other potential measures are not adequate or practical; or
to ensure the proper implementation and equitable allocation among exporters of a quota imposed by a foreign state or external area on imports of such goods.
Prohibited Exports
If a class or type of good is included on the Export Control List in order to fulfill a purpose specified under (a) - (g) of Section 30, and such purpose can only reasonably be achieved by prohibiting the export of such a class or type of good, the Government may generally prohibit the export of such a good.
If the exportation of a class or type of good is prohibited - either generally or to a specific state or area - no person, undertaking or public enterprise shall be permitted to export such goods. An exportation of such goods by a public authority may be permitted only if such exportation:
(i) is clearly and substantially necessary for such public authority to achieve a legitimate public function; and
(ii) is not done in the furtherance of any commercial, business or economic activity.
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Import Control List
The Government shall have the authority to establish a list of goods called the Import Control List. Such a list shall specify those types and/or classes of goods the import of which requires a permit. The Government may include on such a list a type or class of good only if there are clear, substantial and objective reasons demonstrating that it is necessary to control the import of such a type or class of good in order to materially advance the achievement of one of the following purposes:
to protect from appreciable risks the environment or the life or health of humans, plants or animals;
to protect public order or morals;
to prevent an infringement of intellectual property rights;
to protect consumers from fraud and deceptive practices;
to implement a provision of an international agreement that Kosovo is obligated to implement;
to implement restrictions on import transactions involving gold;
to ensure the proper implementation and equitable allocation, among suppliers and/or importers, of an import quota imposed by Kosovo on imports of certain goods; and;
to ensure, in accordance with the needs of Kosovo, the best possible supply and equitable distribution of an essential good that is:
demonstrably scarce in world markets or in Kosovo; and
subject to governmental export controls in the external area of origin of such good.
Establishment of Criteria required to obtain an Import Permit
For each class or type of good included on the Import Control List, the Government shall establish, or require one or more designated public authorities to establish, in a normative act the criteria that must be met by an applicant in order to receive an import permit for such goods.
All such criteria shall be transparent and clearly and substantially necessary for achieving the purpose underlying the inclusion of such type or class of good on the import control list.
All such criteria shall be non-discriminatory; however, where clearly and substantially needed to achieve the concerned purpose, it may be specified that an import permit for a specific type or class of good will only be granted to a holder of a relevant activity license; provided, however, that an applicant shall not be required to hold such an activity license if such a license is not required to handle or deal in like or directly competitive domestic-origin goods.
Neither the Government nor any public authority may use any provision of this Part 3, other than Article 18, to restrict the import of any type or class of good until the required import permit criteria and issuance procedures have been prepared, adopted and fully implemented.
Prohibited Imports
If a class or type of good is included on the Import Control List in order to fulfill a purpose specified in points (a) - (e) of Article 16, and such purpose can only reasonably be achieved by prohibiting the import of such class or type of good, the Government may prohibit the import of such goods.
If the importation of a class or type of good is prohibited, no person, undertaking or public enterprise shall be permitted to import, handle or deal with any such good. An importation of such a good by a public authority may be permitted if such importation: (i) is clearly and substantially necessary for such public authority to achieve a legitimate public function; and (ii) is not to be used or involved in any manner in the conduct of, or as a subject of, any commercial, business or economic activity.
Restrictions on the Use or Disposition of Imported Goods
If clearly necessary to achieving the concerned purpose, an import permit may contain conditions restricting the use or other disposition that may be made of the concerned imported good.
Multiple Shipment Permits
An import permit shall, to the extent consistent with the purpose underlying the inclusion of the concerned good on the Import Control List, permit the holder thereof to import a specified quantity of the concerned goods at any time, and in multiple shipments, over a specified period of time, not to exceed one year.
Consistency with WTO Requirements
The preparation, adoption and implementation of all import permit requirements, criteria and procedures shall comply with the provisions of the WTOs Agreement on Import Licensing Procedures dealing with non-automatic licensing.
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