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Cabinet of Ministers of the Azerbaijan Republic

Decree ¹ 160

On regulations of full or partial release from custom duties and taxes of goods temporary imported (exported) to the Azerbaijan Republic

Baku, 27 July, 1998

According to Decree of the President of the Azerbaijan Republic ¹ 616 dated 25 July, 1997 «On implementation of Customs Code of the Azerbaijan Republic» the Cabinet of Ministers of the Azerbaijan Republic takes decision:

1. To approve «Regulations of full or partial release from custom duties and taxes of goods temporary imported (exported) to the Azerbaijan Republic» (enclosed).

2. With the purpose of implementation of the present decree the State Customs Committee of the Azerbaijan Republic should prepare instructions, duly approve them and take respective measures.

3. This Decree comes into force from the date of its signing.

Prime-minister of the Azerbaijan Republic

A. RASI-ZADE.


Approved
by Decree of the Cabinet of Ministers
of the Azerbaijan Republic
¹ 160 dated 27 July, 1998

Regulations
of full or partial release from custom duties and taxes of goods temporary imported (exported) to the Azerbaijan Republic

I. General

1.1 These Regulations have been prepared based on the Article 71 of Customs Code of the Azerbaijan Republic and specify procedure of full or partial release from custom duties and taxes of goods temporary imported (exported) to the Azerbaijan Republic.

2. Full release from payment of customs duties and taxes established by the legislation of temporary imported (exported) goods

2.1 Imported (exported) goods (excluding goods, temporary import of which is not admitted) when establishing the period of import (export) up to 1 year by customs bodies and when submitting the obligation about returning (return export) of goods after expiration of fixed term are fully released from customs duties and taxes in the following cases:

2.1.1 when temporary importing goods to customs territory (exporting from customs territory) of the Azerbaijan Republic (other states) by representative (branch) offices of foreign legal entities, operating according to current legislation at the territory of the Azerbaijan Republic (representative (branch) offices of legal entities of the Azerbaijan Republic at the territory of foreign states) for own use and arrangement of its activity provided that such goods will not be used for deriving of income and transferred to another persons for temporary use;

2.1.2 when importing goods by foreign legal and physical entities (exporting by legal and physical entities of the Azerbaijan Republic) for carrying out of specific works according to concluded contracts;

2.1.3 when temporary importing (exporting) goods only for demonstration at fairs, exhibitions, international symposiums and other such events (excluding exhibitions organized for commercial activity and envisaging production or sale of the goods) and also for use in organization of specified events;

2.1.4 when importing (exporting) goods for carrying out of research works in educational and research-educational centers provided that such goods will not be used for deriving of income and transferred to another persons for temporary use;

2.1.5 when importing goods for temporary transfer to state bodies and organizations of the Azerbaijan Republic on condition of gratuitous use for liquidation of consequences of natural calamities and accidents, when importing to the territory of foreign states for the like purposes;

2.1.6 when importing (exporting) containers for loading of goods and spare parts for their repair;

2.1.7 when importing (exporting) tare (not disposable) envisaged for packing of the goods;

2.1.8 when importing (exporting) samples (not more than two pieces) for demonstration and obtaining of orders with the purpose of deriving the income, on condition of non-alienation from legal and physical persons;

2.1.9 when temporary importing (exporting) goods for demonstration in limited amount and advertising materials (catalogues, price-lists and commercial prospects) not envisaged for sale, if these materials are imported (exported) for one recipient in one piece or their general weight not exceeds one kilogram;

2.1.10 when temporary importing advertising films (in limited amount), stipulated for demonstration of properties of the goods if further sale of this films is not envisaged;

2.1.11 when temporary importing (exporting) goods for carrying out of tests and demonstration of properties and characteristics, if such use will not be resulted in deriving of income;

2.1.12 when importing (exporting) medical equipment and accessories gratuitously transferred for temporary use by medical institutions and being the property of legal and physical entities;

2.1.13 when temporary importing goods envisaged for sport competitions and training if further sale of this goods is not stipulated;

2.1.14 when temporary importing (exporting) special clothes, musical instruments, stage equipment and other requisites, stipulated for theater and circus performances, concerts and other like events;

2.1.15 when temporary importing (exporting) animals for training, domestication, reproduction, veterinary treatment, tourism, test, use in rescue operations, carrying out of other special events and other like measures;

2.1.16 when temporary importing (exporting) cinema- and video-films, photos for demonstration at photo- and cinema competitions (if such use will not be resulted in deriving of income).

3. Partial release from payment of customs duties and taxes established by the legislation of temporary imported (exported) goods

3.1 After approval of extension of period of import (export) of the goods, imported (exported) for the purposes, specified in clause 2.1 of the present Regulations, and also as regards other goods, authorized for temporary import (export) partial release from payment of customs duties and taxes established by current legislation may be used.

3.2 After extension of period of import (export) of the goods, imported (exported) for the purposes, specified in clause 2.1 of the present Regulations or in case of premature statement according to desire of importer (exporter) of temporary imported goods in customs regime of issue for free circulation, the rates of customs duties and taxes, currently in force at the day of declaration in regime of temporary import (export) and customs value of goods are assumed as a basis.

3.3 In case of partial release from payment of customs duties and taxes, for each month are paid 3% of the sum of customs duties, taxes (hereinafter – periodical customs payment) for the day of announced regime of temporary import (export), which will be liable to payment if goods will be issued under regime of free circulation.

Periodical customs payment are calculated in US dollars with use of rates of customs duties and taxes current at the day of approval of cargo customs declaration with announced regime of temporary import (export) and should be paid in manats at current rate of National Bank of the Azerbaijan Republic.

3.4 Calculated sums of periodical customs payment should be paid within terms, fixed by respective customs body of State Customs Committee having provided permission for temporary import (export).

3.5 The registration of periodical customs payments and control over their payment is to be carried out in an order stipulated for customs duties and taxes.

3.6 Paid sums of periodical customs payments will not be returned in case of return export or moving of the goods to another customs regime.

3.7 In case of move of temporary imported (exported) goods under customs regime of issue for free circulation, paid sums of periodical customs payments will be included into sums of customs duties and taxes, liable to payment in connection with placing of goods under mentioned customs regime with partial release from payment of customs duties and taxes.

3.8 In case of provision of deferment of payment of customs charges or right for payment by installments according to current legislation, for the period of being the goods under customs regime of temporary import (export) and also for periodical customs payments are collected percents as per rates, fixed by National Bank of the Azerbaijan Republic under credits, provided by this bank and they should be transferred in full amount to the budget.

3.9 The matter of partial release from payment of customs charges in connection with extended term of temporary import (export) of temporary imported (exported) goods and also issue of these goods for free circulation is considered in an order envisaged by State Customs Committee on the basis of documents, provided by declarant to customs bodies.

3.10 Temporary import of the following goods is not permitted:

  • consumable materials;
  • strong drinks, tobacco articles, food products and non-alcoholic drinks excluding cases of temporary import in one copy for advertisement and demonstration;
  • industrial wastes

    © AzerSoft
    Non-official translation

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