State Customs Committee of Azerbaijan Republic
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Customs Code of the Azerbaijan Republic

This Code determines legal, economic and organisation aspects of customs business and is intended for protection of economic security, economic sovereignty and interests of the Azerbaijan Republic, expansion of economic relations of the Azerbaijan Republic with the world economy, protection of rights of economic subjects, physical persons and public bodies and implementation of their obligations in the area of customs business.

Section I. General

Chapter 1. Customs business and customs policy in the Azerbaijan Republic
Article 1. Customs business in the Azerbaijan Republic
Customs business in the Azerbaijan Republic constitutes procedure and conditions of clearance of commodities and transport means through the customs border of the Azerbaijan Republic, withdrawal of customs duties, customs clearing, customs control and other means of implementation of customs policy. Article 2. Customs policy of the Azerbaijan Republic
Single customs policy which is an integral part of internal and foreign policy of the state is implemented in the Azerbaijan Republic. Objectives of customs policy of the Azerbaijan Republic are the following:
  • provide most efficient use of mechanisms of customs control and monitoring of exchange of commodities on the customs territory of the Azerbaijan Republic, protection of domestic market of the Azerbaijan Republic;
  • encourage development of national economy;
  • promote implementation of responsibilities under the state economic policy of the Azerbaijan Republic;
  • other objectives defined in compliance with Constitution of the Azerbaijan Republic, this Code and other legislative acts of the Azerbaijan Republic. Customs policy of the Azerbaijan Republic is aimed to development of international co-operation in the area of customs business. Customs business in the Azerbaijan Republic develops in harmony and unification with generally accepted world practice and standards. Article 3. Customs territory and customs border of the Azerbaijan Republic
    Customs territory of the Azerbaijan Republic consists of dry land of the Azerbaijan Republic, interior waters, Azerbaijanian sector of Caspian sea, including islands situated there, artificial islands, hydrotechnical structures and buildings and air space over this sector. Free customs zones and free warehouses may exist on the territory of the Azerbaijan Republic. Territories of free customs zones and free warehouses are regarded as existing outside the customs territory of the Azerbaijan Republic, except cases specified in this Code and other legislative acts of the Azerbaijan Republic on customs business. Borders of customs territory of the Azerbaijan Republic and perimeters of free customs zones and free warehouses form customs border of the Azerbaijan Republic. Article 4. Customs business and international economic integration
    In the interests of development and strengthening of international economic integration, Azerbaijan Republic forms customs unions with other countries, establishes free economic zones, concludes agreements on customs business in accordance with norms of international legislation. Article 5. Customs legislation of the Azerbaijan Republic
    Customs legislation of the Azerbaijan Republic consists of this Code, Law of the Azerbaijan Republic "On customs tariff" and other legislative acts of the Azerbaijan Republic. Article 6. Role of international agreements in implementation of customs business
    If provisions of international agreements of the Azerbaijan Republic differ from provisions of this Code and other legislative acts of the Azerbaijan Republic on customs business, the former shall apply.

    Chapter 2. Organisation of customs business

    Article 7. Customs authorities of the Azerbaijan Republic
    Customs business in the Azerbaijan Republic is implemented under supervision of customs authorities being an integral part of a single system of protection of law and order. Regulations on the executive power body which controls customs business in the Azerbaijan Republic are approved by relevant executive power authorities. Authorities, directly implementing customs business, act in compliance with regulations approved by the executive power body in control over the customs business in the Azerbaijan Republic. Identification of a single system of customs authorities in the Azerbaijan Republic, establishment, re-organisation and liquidation of customs authorities is carried out by relevant executive power authority. No governmental bodies shall have the right to take decisions interfering with the competence of customs authorities, implement or change their functions, assign additional tasks thereon, or in some other way interfere with activity of said authorities which comply with provisions of this Code and other legislative acts of the Azerbaijan Republic, except cases specified in legislation. Article 8. Customs laboratories, scientific-research organisations and training centres, other institutions and organisations of executive power body in control over the customs business in the Azerbaijan Republic
    Executive power body which supervises customs business in the Azerbaijan Republic:
    • establishes laboratories for implementation of expertise and investigation of commodities in the interests of customs business;
    • establishes scientific-research institutions, educational centres for vocational training, computer centres, printing, construction-maintenance enterprises and other organisations with the objective of scientific-research studies in the area of business activity, personnel training and improvement of their qualification, finally aimed to successful activity of customs bodies;
    • property of customs bodies, customs laboratories, scientific-research institutions and educational centres, enterprises and organisations is public property;
    • ownership rights on control over this property shall be implemented by executive power authority which is supervising customs business.
    Article 9. Normative acts of executive power authorities supervising customs business in the Azerbaijan Republic
    In cases envisaged in this Code and other legislative acts of the Azerbaijan Republic, executive power authorities, supervising customs business in the Azerbaijan Republic, within the limits of their authority accept normative acts which shall be compulsory for execution by customs bodies of the Azerbaijan Republic, all other state bodies of the Azerbaijan Republic, enterprises and organisations, irrespective of their subordinance and organisation-legal status, and also by executives and citizens. Said normative acts are registered as required by legislation of the Azerbaijan Republic. Normative acts of general character accepted by the executive power authority, supervising customs business in the Azerbaijan Republic, shall come into force in ten days after publication, if not specified otherwise in the acts themselves. Article 10. Major functions of customs authorities of the Azerbaijan Republic
    Customs authorities of the Azerbaijan Republic carry out the following major functions:
    1. participate in development of customs policy of the customs authorities in the Azerbaijan Republic and implementation of this policy;
    2. provide observance of legislative acts which are under control of customs authorities of the Azerbaijan Republic; take measures on protection of rights and interests of enterprises, companies, organisations and citizens, and also businessmen involved in customs business;
    3. within the limits of their competence provide economic security of the Azerbaijan Republic;
    4. protect economic interests of the Azerbaijan Republic;
    5. use mechanism of customs control over trade-economic relations;
    6. withdraw customs duties, taxes and other customs charges;
    7. take part in development of measures of economic policy with respect to commodities cleared through the customs border of the Azerbaijan Republic, implement these measures;
    8. provide observance of clearance procedures for commodities and transport means through the customs border of the Azerbaijan Republic;
    9. fighting with crime in the area of customs business, violations of customs regulations and tax legislation, prevent illegal transportation through the customs border of the Azerbaijan Republic of narcotic substances, weapons, articles of artistic, historical and archaeological wealth of the Azerbaijan people and other countries, objects of intellectual property, animals and plants under threat of disappearance, other commodities; assist in measures against the international terrorism and illegal interference in activity of international civil aviation in the airports of the Azerbaijan Republic;
    10. implement and improve customs control and customs clearance, create conditions promoting turnover of commodities through the customs border of the Azerbaijan Republic;
    11. keep customs statistics of foreign-economic activity and special customs statistics of the Azerbaijan Republic;
    12. keep nomenclature of commodities in foreign-economic activity;
    13. assist in development of foreign-economic relations of enterprises, companies, organisations and physical persons;
    14. participate in implementation of measures on protection of state security, public order, people' morals, life and health of people, protection of animals and plants, environment, protection of interests of Azerbaijanian consumers of imported commodities;
    15. carry out currency control within the limits of their competence;
    16. provide implementation of international obligations of the Azerbaijan Republic with respect to customs business; participate in development of international agreements of the Azerbaijan Republic involving issues of customs business; co-operate with customs and other competent authorities of foreign countries, international organisations participating in customs business;
    17. carry out scientific-research works and consulting in the area of customs business; training and improvement of qualification of specialists in this area for state bodies, enterprises, companies and organisations;
    18. supply Milli Majlis of the Azerbaijan Republic, President of the Azerbaijan Republic and Government of the Azerbaijan Republic, other state authorities, enterprises, companies, organisations and citizens with information on customs issues;
    19. participate in implementation of integral financial-economic policy, development of material capabilities of customs authorities, create required labour and social conditions for the customs personnel.
    Article 11. Flag and symbols of customs bodies of the Azerbaijan Republic
    Customs bodies of the Azerbaijan Republic and sea and river vessels in their possession have flag. Road transport means and air-crafts belonging to the customs bodies of the Azerbaijan Republic have symbols on them. Description of the flag and symbols are approved by Milli Majlis of the Azerbaijan Republic. Article 12. Co-operation of customs authorities of the Azerbaijan Republic with other state authorities, enterprises, companies, organisations and citizens
    In order to carry on efficiently customs business, customs authorities of the Azerbaijan Republic co-operate with other bodies protecting law and order, state authorities, enterprises, companies, organisations and citizens. State bodies and their executives shall assist customs authorities of the Azerbaijan Republic in implementation of their tasks, by creation of required conditions. In accordance with legislative acts of the Azerbaijan Republic customs authorities of the Azerbaijan Republic are authorised, when implementing individual tasks, to enlist services of other enterprises, companies and organisations. Article 13. Provision of office accommodation and amenity rooms, equipment and communication means to customs authorities of the Azerbaijan Republic
    Enterprises, companies, organisations and physical persons interested to carry out customs clearing on their territories or in their premises, rather than at location of customs authorities of the Azerbaijan Republic shall provide necessary office accommodation and amenity rooms, equipment and communication means free to these authorities. Article 14. Allocation of land plots to customs authorities
    When it is required to locate customs authorities, they are given land plots in compliance with the Land Code of the Azerbaijan Republic. Article 15. Appeal against decisions, acts or inactivity of customs authorities of the Azerbaijan Republic and their executives Appeal against decision, act or inactivity of customs authorities of the Azerbaijan Republic and their executive might be lodged in an order specified by this Code and other legislative acts of the Azerbaijan Republic. Article 16. Information provided to customs authorities of the Azerbaijan Republic for customs business
    Information on customs business, provided to customs authorities of the Azerbaijan Republic by state bodies, enterprises, organisations and physical persons under this Code and other legislative acts of the Azerbaijan Republic, might be used only for customs activity. Information constituting state, commercial, bank or other secret protected by the law, and also confidential information must not be disclosed, used by executives of customs bodies of the Azerbaijan Republic with personal purposes, passed to third persons, except cases envisaged by legislation of the Azerbaijan Republic. Article 17. Basic concepts used in this Code
    The following terms and expressions in this Code shall mean the following:
    1. commodities - any movable assets, including currency, currency valuables, electric power and other kinds of power, means of transportation except those specified in paragraph 4 of this article;
    2. Azerbaijanian commodities - commodities with the origin in the Azerbaijan Republic, or those issued into free circulation on the territory of the Azerbaijan Republic;
    3. foreign commodities - commodities other than those specified in paragraph 2 of this article, with the origin in foreign countries;
    4. means of transportation - any facilities used for international transportation of passengers and commodities, including containers and other transport equipment;
    5. clearing through the customs border of the Azerbaijan Republic - activity consisting in import to the customs territory of the Azerbaijan Republic or export from this territory of commodities or means of transportation as specified by legislation of the Azerbaijan Republic, including transfer by international mail, use of pipeline transport and overhead lines.
      Said activity includes:
      • when commodities or means of transportation are imported to the customs territory of the Azerbaijan Republic and imported from this territory of free customs zones and free warehouses to the remaining part of customs territory of the Azerbaijan Republic - actual crossing of the customs border of the Azerbaijan Republic;
      • when commodities or means of transportation are exported from the customs territory of the Azerbaijan Republic and imported from the remaining part of customs territory of the Azerbaijan Republic to the territory of free customs zones and free warehouses - presentation of customs declaration or other act directly related to the intention respectively to export or to import said commodities or means of transportation;
    6. legal entities - enterprises, companies and organisations, directly or indirectly participating in implementation of customs operations which have been registered as required by legislation;
    7. physical persons - persons carrying out business activity without formation of legal entity;
    8. Azerbaijanian legal entities and physical persons - enterprises, companies and organisations located in the Azerbaijan Republic, which have been established in accordance with legislation of the Azerbaijan Republic; persons carrying out business activity without formation of legal entity, registered in the Azerbaijan Republic; and citizens of the Azerbaijan Republic with permanent residence in the Azerbaijan Republic
    9. foreign legal entities and physical persons - entities and persons other than those specified in paragraph 8 of this article;
    10. person (entity) transferring commodities - persons (entities) being the owners of commodities, their buyers, proprietors, or those authorised to carry out operations with commodities envisaged by this Code, on their own behalf and otherwise, in accordance with legislation of the Azerbaijan Republic;
    11. declaring person (entity) - legal entity which declares, submits and presents commodities and means of transportation for customs clearing;
    12. carrier - person (entity) actually transferring commodities or responsible for the use of means of transportation;
    13. customs procedures - set of regulations defining status of commodities and means of transportation transferred through the customs border of the Azerbaijan Republic, with the objective of customs business;
    14. issuance - transfer of commodities or means of transportation, after their clearance, by customs authorities of the Azerbaijan Republic to complete disposal of a person (entity);
    15. conditional issuance - transfer of commodities or means of transportation, related to obligations of a person (entity) on observance of established restrictions, requirements or conditions;
    16. customs clearance - procedure of placement of commodities and means of transportation under specific customs conditions and completion of these conditions in accordance with requirements and provisions of this Code;
    17. customs control - set of measures aimed to observance of legislation of the Azerbaijan Republic concerning customs business and other legislation of the Azerbaijan Republic and international agreements of the Azerbaijan Republic; customs authorities of the Azerbaijan Republic will be responsible for implementation of these measures;
    18. measures of economic policy - system of measures stimulating and limiting import to the Azerbaijan Republic and export from the Azerbaijan Republic of commodities and means of transportation; said measures are established based on aims of economic policy of the Azerbaijan Republic and may include quoting, licensing, limitation, establishment of maximum and minimum prices, and also other measures of control over interaction between the Azerbaijanian economy and world economy;
    19. customs payments - customs duty, customs charges, charges for issue of licences for implementation of customs business to legal entities and physical persons, and other payments taken in compliance with established order by customs authorities of the Azerbaijan Republic;
    20. customs duty - payments, withdrawn by the customs authorities of the Azerbaijan Republic on import of commodity to the customs territory of the Azerbaijan Republic and export of commodity from this territory;
    21. taxes - compulsory payments, withdrawn of these payments shall be done by customs authorities of the Azerbaijan Republic.
    22. force majeure - extraordinary and insurmountable in these conditions natural calamity (flood, earth-quake, landslide, etc.) or public accident (military operations, etc.);
    23. customs broker - legal entity formed in compliance with legislation of the Azerbaijan Republic and providing intermediary services in the area of customs business for certain fee;
    24. quota - establishment of cost and quantitative limitations on commodities imported or exported to certain countries or group of countries.


    Section II. Transfer of commodities and means of transportation through the customs border of the Azerbaijan Republic . Customs conditions


    Chapter 3. Main principles of transfer of commodities and means of transportation through the customs border of the Azerbaijan Republic

    Article 18. Right for import to the Azerbaijan Republic and export from the Azerbaijan Republic of commodities and means of transportation

    All persons (entities) have equal rights for import to the Azerbaijan Republic and export from the Azerbaijan Republic of commodities and means of transportation in an order specified in this Code. No person (entity) may be deprived of right or to be restricted in right for import to the Azerbaijan Republic and export from the Azerbaijan Republic of commodities and means of transportation, except cases envisaged in this Code and other legislative acts of the Azerbaijan Republic.

    Article 19. Embargo on import to the Azerbaijan Republic and export from the Azerbaijan Republic of commodities and means of transportation

    Import to the Azerbaijan Republic and export from the Azerbaijan Republic of certain commodities and means of transportation may be banned due to necessity of state security, protection of public order, people' morals, life and health of people, protection of animals and plants, the environment, articles of artistic, historical and archaeological wealth of the Azerbaijanian people and other countries, protection of right for property, including objects of intellectual property, protection of interests of Azerbaijanian consumers of imported commodities and other interests of the Azerbaijan Republic following legislation of the Azerbaijan Republic and international agreements of the Azerbaijan Republic. Forbidden commodities and means of transportation shall be immediately taken outside the territory of the Azerbaijan Republic, or returned to the territory of the Azerbaijan Republic, if said commodities and means of transportation are not subject to confiscation. Export or return of commodities and means of transportation to the territory of the Azerbaijan Republic shall be done by a person transporting said items through the customs territory, or by carrier at his own expense. Where there is no opportunity to take out or to return immediately commodities and means of transportation they are put into warehouses of temporary storing of the customs authorities of the Azerbaijan Republic. Maximum term of storing of said commodities and means of transportation at such warehouses is three days. After the expiration of ultimate term of storing, commodities and means of transportation become the property of the state or are destroyed in an order specified in legislation of the Azerbaijan Republic.

    Article 20. Limitations on import to the Azerbaijan Republic and export from the Azerbaijan Republic of commodities and means of transportation

    Limitations on import to the Azerbaijan Republic and export from the Azerbaijan Republic of commodities and means of transportation may be established following terms of international agreements of the Azerbaijan Republic, with the aim for protection of economic base of sovereignty of the Azerbaijan Republic, domestic market, and also as a retaliatory measure against discriminatory acts or other acts of economic policy of foreign countries and their unions violating interests of Azerbaijanian entities, in compliance with legislation of the Azerbaijan Republic and international agreements of the Azerbaijan Republic. On establishment of said limitations export of commodities and means of transportation falling under these regulations is permitted by customs authorities of the Azerbaijan Republic only on terms specified by legislative acts of the Azerbaijan Republic and international agreements of the Azerbaijan Republic. Legislative acts of the Azerbaijan Republic establishing limitations as indicated in the first paragraph of this article, must be published in official press ten days before their enactment, except legislative acts of the Azerbaijan Republic with different procedure of enactment. Expenditures borne by the person transporting commodities, or by carrier in relation to introduction of said limitations, shall not be reimbursed by state bodies of the Azerbaijan Republic.

    Article 21. Customs clearing and customs control

    Commodities and means of transportation must pass customs clearing and customs control in an order and on terms envisaged by this Code.

    Article 22. Use and disposal of commodities and means of transportation taken through the customs border of the Azerbaijan Republic

    Use and disposal of commodities and means of transportation taken through the customs border of the Azerbaijan Republic is accomplished in compliance with customs regulations and this Code.

    Article 23. Use and disposal of conditionally cleared commodities and means of transportation which enjoy privileges on tax payments

    Conditionally cleared commodities and means of transportation which enjoy privileges on tax payments may be used only for special objectives for which said privileges have been granted. Use of said commodities and means of transportation with different objectives must be permitted by customs authorities of the Azerbaijan Republic, on condition that customs payments are done and all other requirements under this Code and other legislative acts of the Azerbaijan Republic are fulfilled. Disposal of conditionally cleared commodities and means of transportation which enjoy privileges on tax payments may be permitted by customs authorities of the Azerbaijan Republic in an order specified in the first paragraph of this article.

    Article 24. Procedure of transfer of commodities and means of transportation through the customs border of the Azerbaijan Republic

    Transportation of commodities and means of transportation through the customs border of the Azerbaijan Republic is accomplished in compliance with customs regulations, in an order specified by this Code and other legislative acts of the Azerbaijan Republic.

    Article 25. Kinds of customs regulations
    In terms of customs regulations, the following conditions exist:
    1. issuance for free circulation;
    2. re-import;
    3. transit;
    4. customs warehouse;
    5. duty-free shop;
    6. processing at the customs territory;
    7. processing under the customs control;
    8. temporal import (export)
    9. free customs zone;
    10. free warehouse;
    11. processing outside the customs territory;
    12. export;
    13. re-export;
    14. destruction;
    15. refusal in favour of the state.
    Article 26. Specific features of legal control over the customs conditions

    If this Code does not include provisions on control over some issues of customs conditions, relevant executive power authority of the Azerbaijan Republic, within the limits of its competence, until respective legislative acts of the Azerbaijan Republic are accepted, may establish procedures of customs regulations and also customs conditions other than those specified in this Code.

    Article 27. Choice and change of customs conditions

    Person (entity) shall have the right to choose any customs conditions or change it for another, irrespective of nature, quantity, country of origin or intention of commodities and means of transportation, if not specified otherwise in this Code and other legislative acts of the Azerbaijan Republic on customs activity.

    Article 28. Place and time of crossing of the customs border of the Azerbaijan Republic by commodities and means of transportation

    Crossing of the customs border of the Azerbaijan Republic by commodities and means of transportation takes place at the points specified by customs authorities of the Azerbaijan Republic and within their working hours. At other points and outside normal working hours of customs authorities of the Azerbaijan Republic commodities and means of transportation may cross customs border of the Azerbaijan Republic on agreement with the customs authorities of the Azerbaijan Republic.

    Chapter 4. Issuance for free circulation

    Article 29. Content of customs regulations

    Issuance of commodities for free circulation - customs conditions where commodities imported to the customs territory of the Azerbaijan Republic remain permanently on this territory without obligations to take them out from this territory.

    Article 30. Terms of placement of commodities under the customs regulations

    Issuance of commodities for free circulation envisages:

    • payment of customs duties, taxes and other customs charges with respect to commodities;
    • observance of measures of economic policy and other limitations.


    Chapter 5. Re-import

    Article 31. Content of customs regulations

    Re-import of commodities - customs conditions where commodities of Azerbaijanian origin, having been exported from the customs territory of the Azerbaijan Republic in line with the export customs conditions, are re-imported in specified term, without withdrawal of customs duties, taxes and also without applying any measures of economic policy with respect to these commodities.

    Article 32. Terms for placement of commodities under the customs regulations

    To be placed under the customs regulations or re-import commodities should:

    • be in the same condition as they were imported, except normal wear and tear, or losses in the course of ordinary conditions of transportation and storage and other cases specified by legislation of the Azerbaijan Republic;
    • be imported to the customs territory of the Azerbaijan Republic within ten years from the day of export.
    Article 33. Return of export customs duties, taxes and other sums

    On re-import of commodities within three years from the day of export, customs authorities of the Azerbaijan Republic will reimburse paid sums of export customs duties, taxes. On re-import of commodities person (entity) transferring commodities, reimburses sums obtained as privileges granted for export of commodities. In cases specified by relevant executive power body, besides sums mentioned above, interest is taken at rates established by National Bank of the Azerbaijan Republic for credits provided by this Bank. Sums and interest on these sums, as specified in paragraphs 2 and 3 of this article, are withdrawn by customs authorities of the Azerbaijan Republic in an order established for payment of customs charges.

    Chapter 6. Transit

    Article 34. Content of customs regulations

    Transit of commodities - customs conditions when commodities are transported between the two customs bodies of the Azerbaijan Republic, including those through the territory of foreign country, without withdrawal of customs duties, taxes and without applying measures of economic policy to said commodities.

    Article 35. Terms of placement of commodities under the customs regulations

    Commodities being transported between the two customs bodies of the Azerbaijan Republic:

    • should remain in unchanged condition, except normal wear and tear, or losses in the course of ordinary conditions of transportation and storage and must not be used for any other objectives besides transit;
    • should be delivered to the customs body of destination within term specified by customs body of departure, depending on capacity of means of transportation, chosen route and other conditions of transportation. Transit of commodities over the territory of the Azerbaijan Republic might be carried out by any roads and in any directions, if not specified otherwise by legislation of the Azerbaijan Republic. If customs authority of the Azerbaijan Republic has enough grounds to believe that carrier or its means of transportation cannot guarantee observance of provisions of this Code, customs authority of the Azerbaijan Republic will have the right to place commodities under the customs regulations of transit, provided that respective , means of transportation will be duly equipped, there will be customs escort or commodities will be transported by special customs carrier in an order specified by this Code and normative acts of authorised executive power body of the Azerbaijan Republic. Expenditures borne by carrier in compliance with special equipping of transportation means, or transportation of commodities by customs carrier shall not be reimbursed by state bodies of the Azerbaijan Republic.
    Article 36. Permit for transit of commodities

    Transit of commodities is accomplished by permit of customs authorities of the Azerbaijan Republic, except cases when relevant body of executive power of the Azerbaijan Republic establishes limitations on transit of commodities, and also as a retaliatory measure against discrimination policy or other acts of foreign countries and their unions violating interests of Azerbaijanian persons (entities). In cases when measures under article 35 of this Code cannot provide observance of legislation of the Azerbaijan Republic, customs authorities of the Azerbaijan Republic issue permit for transit of commodities only on condition of payment of customs duties or transfer of due sums to relevant deposit bank accounts.

    Article 37. Delivery of documents on commodities to the customs body of destination

    Upon accident, or situation of force majeure commodities may be unloaded before point of destination is reached. In this case carrier must:

    • take all necessary measures to provide safety of commodities and to prevent their use in any way without permit;
    • inform immediately the nearest customs body of the Azerbaijan Republic about circumstances, location of commodities and means of transportation;
    • provide transportation of commodities to the nearest customs body of the Azerbaijan Republic or to bring executives of the customs body of the Azerbaijan Republic to a place where commodities are stored. Customs bodies of the Azerbaijan Republic will not refund expenditures borne by the carrier in connection with measures envisaged by this article.
    Article 39. Responsibility of carrier

    Carrier is responsible for transit of commodities. On issuance of commodities without permit of customs authorities of the Azerbaijan Republic, their loss of commodities or non-delivery to the customs body of destination, carrier will have to pay customs charges which are payable respectively under customs regulations on issuance for free circulation or export, except cases when commodities are destroyed, irretrievably lost as a result of accident or acts of god, or lost as a result of normal wear and tear in ordinary conditions of transportation and storage, or lost as a property as a result of illegal - under legislation of the Azerbaijan Republic- acts of authorities or executives of foreign state.

    Chapter 7. Customs warehouse

    Article 40. Content of customs regulations
    Customs warehouse - customs regulations where imported commodities are stored under the customs control without withdrawal of customs duties and taxes, and without application of measures of economic policy to commodities during storing, commodities intended for export in accordance with export customs regulations shall be stored under the customs control, with provision of privileges envisaged by this Code. Article 41. Regulations on placement of commodities under the customs control
    Any commodities may be placed under the regulations of customs warehouse, except commodities banned for import to the Azerbaijan Republic, export from the Azerbaijan Republic, and other commodities specified by relevant executive power body which controls customs business in the Azerbaijan Republic. Commodities, can cause damage to other commodities or those requiring special storing conditions must be kept in special depots. Article 42. Customs warehouses and their types
    Commodities shall be stored in specially allocated and equipped depot or other place (customs warehouse). Customs warehouse might be of open type, i.e. accessible for use by any persons (entities) or closed type, i.e. intended for storage of commodities by certain persons (entities). Customs warehouses of closed type might be established where there are all grounds against establishment of the customs warehouse of open type. Article 43. Owners of customs warehouses
    Customs authorities of the Azerbaijan Republic or Azerbaijanian persons (entities) may be owners of customs warehouses. Customs warehouses established by customs authorities of the Azerbaijan Republic are open type warehouses. Article 44. License for establishment of customs warehouse
    Customs warehouses can be established under the license issued by relevant executive power body carrying out customs business in the Azerbaijan Republic. No license is required if the founder of the customs warehouse is the customs body of the Azerbaijan Republic. Executive power body carrying out customs business in the Azerbaijan Republic in line with regulations established by relevant executive power body issues license on establishment of customs warehouse and specifies term of its validity. Rate of fee to be paid for the license on establishment of the customs warehouse is defined by relevant executive power body of the Azerbaijan Republic. License on establishment of the customs warehouse may be annulled or recalled, or suspended by the body which has issued license on establishment of customs warehouse. License on establishment of the customs warehouse will be annulled if it was issued based on untrue information, or against established regulations. Decision about annulment takes effect from the date determined in accordance with legislation and specified in said decision. License will be recalled if the owner of the customs warehouse fails to observe provisions of this chapter. Recall will take effect from the date when decision about recall was taken. License may be recalled or its action may be suspended for a term of up to three months, whenever there are enough reasons to believe that the owner of the customs warehouse abuses his power. On annulment or recall of license charge paid for its issuance shall not be reimbursed. Article 45. Requirements to customs warehouses and their owners
    Depot or other place allocated for customs warehouse must be duly equipped to provide customs control, and, where necessary have double locking devices, one of them being under surveillance of custom authorities of the Azerbaijan Republic. Owner of the customs warehouse:
    • must not allow withdrawal of commodities being in storage in the customs warehouse apart from customs control;
    • should not hamper customs control;
    • must observe terms of license on establishment of customs warehouse and meet requests of customs authorities of the Azerbaijan Republic, including their access to locations of commodities storing, free provision of rooms, equipment and means of communication in the customs warehouse for organisation of customs control and clearing;
    • must keep accounting of commodities in storing;
    • must report to customs authorities of the Azerbaijan Republic as per commodities stored in the customs warehouses in an order specified by executive power body which controls customs business in the Azerbaijan Republic.
    Article 46. Exemption of commodities placed under regulations of the customs warehouse and intended for export in accordance with customs export regulations from customs duties, taxes or reimbursement of paid sums
    Being placed under regulations of the customs warehouse commodities intended for export in compliance with customs export regulations are exempted from customs duties, taxes, or paid sums are refunded if such exemption or reimbursement have been envisaged at actual export of commodities. On exemption from customs duties, taxes and return of paid sums commodities should be exported not later than three months from the day when said commodities were placed under the regulations of customs warehouse. If said commodities remain non-exported within the specified term, customs duties, taxes and also interest on these sums shall be paid at rates established by National Bank of the Azerbaijan Republic for credits provided by this Bank. Article 47. Responsibility for payment of customs duties
    Except cases envisaged in the second and third paragraphs of this article, owner of the customs warehouse is responsible for payment of customs duties, taxes and other customs charges. If customs warehouse has been established by customs authorities of the Azerbaijan Republic person (entity) which placed commodities at the customs warehouse for storing will be responsible for payment of customs charges. With the consent of customs authorities of the Azerbaijan Republic can also impose responsibility for payment of customs charges on a person (entity) which placed commodities at the open type customs warehouse. Article 48. Term of storage of commodities at the customs warehouse
    Commodities may remain under the regulations of customs warehouse three years. For certain categories of commodities said term may be limited by the executive power body which carries out customs business in the Azerbaijan Republic, and for certain categories of persons - by other customs bodies of the Azerbaijan Republic. On expiration of specified term, commodities should be officially transferred under different customs regulations, or placed at the warehouse of temporary storage subordinate to customs authorities of the Azerbaijan Republic. Article 49. Operations with commodities placed under the regulations of customs warehouse
    The following operations might be done with commodities placed under the regulations of customs warehouse:
    • on preservation of these commodities;
    • on preparation of commodities, with the consent of the customs authorities of the Azerbaijan Republic, for sale and transportation - such operations, as breaking commodities into smaller lots, organisation of shipments, sorting, packing, marking, loading, etc. List and procedure of implementation of said operations will be defined by the executive power body carrying out control over the customs business in the Azerbaijan Republic.
    Article 50. Liquidation of the customs warehouse
    On liquidation of the customs warehouse after expiration of term of license validity, or by the owner' desire and also on annulment or recall of the license on establishment of the customs warehouse by the executive power body carrying out control over the customs business in the Azerbaijan Republic, from the date of enactment of this decision customs warehouse becomes a warehouse of temporary storage. Commodities are stored at the warehouse of temporary storage in compliance with this Code. On annulment of the license commodities being at the warehouse are subject to repeated customs clearing after the date of their placement to the warehouse. On recall of the license commodities being at the warehouse are subject to repeated customs clearing after the date of decision about their recall. Customs duties for storage of commodities are withdrawn at a rate established for warehouses of temporary storage. In case of suspension of the term of validity of the license commodities shall not be placed to the warehouse for storing. Issuance of commodities from the warehouse is accomplished in an order specified by this Code.

    Chapter 8. Duty-free shop

    Article 51. Content of customs regulations
    Duty-free shop - customs regulations when commodities are sold under the customs regulations on the customs territory of the Azerbaijan Republic (in the international airports and ports and other places determined by customs authorities of the Azerbaijan Republic) without withdrawal of customs duties, taxes and application of measures of economic policy to commodities. Article 52. Regulations on placement of commodities under the customs control
    Any commodities may be sold under the regulations of duty-free shop, except commodities banned for import to the Azerbaijan Republic, export from the Azerbaijan Republic, forbidden for sale on the territory of the Azerbaijan Republic, including commodities specified by relevant executive power body which controls customs business in the Azerbaijan Republic. Commodities, their sale on the territory of the Azerbaijan Republic being restricted, may be sold under the customs regulations of the duty-free shop, provided that all relevant requirements of legislation of the Azerbaijan Republic are observed. Commodities placed under the customs control of duty-free shop are sold directly in special shops (duty-free shops). Article 53. License for establishment of duty-free shop
    Duty-free shop may be established by Azerbaijanian subjects under the license issued by relevant executive power body carrying out customs business in the Azerbaijan Republic. Executive power body carrying out customs business in the Azerbaijan Republic in line with regulations established by relevant executive power body issues license on establishment of duty-free shop and specifies term of its validity. Rate of charge to be paid for the license on establishment of the duty-free shop is defined by relevant executive power body of the Azerbaijan Republic. <Article 54. Requirements to the owner of duty-free shop
    The owner of duty-free shop:
    • must not allow withdrawal of commodities arriving to the duty-free shop and being sold there apart from customs control;
    • must observe terms of license on establishment of duty-free shop and meet righteous requests of customs authorities of the Azerbaijan Republic;
    • must keep accounting of commodities delivered and sold in the duty-free shop, report to customs authorities of the Azerbaijan Republic as per said commodities in an order specified by the executive power body which controls customs business in the Azerbaijan Republic.
    Article 55. Responsibility for payment of customs duties
    The owner of the duty-free shop is responsible for payment of customs duties. Article 56. Liquidation of duty-free shop
    Executive power body which issued the license for establishment of duty-free shop has the right to annul, recall or to suspend its action. License is annulled if it was issued based on untrue information, or against established regulations. Decision about annulment takes effect from the date of issue of said license. License is recalled if the owner of duty-free shop fails to observe provisions of this chapter, or if such license does not correspond anymore to economic policy of the Azerbaijan Republic. Recall will take effect from the date when decision about recall was taken. Term of validity of the license may be suspended for a term of up to three months, whenever there are enough reasons to believe that the owner of duty-free shop abuses his power. On annulment or recall of license charge paid for its issuance shall not be reimbursed. On liquidation of duty-free shop, from the date of such decision the shop acquires the status of a temporary warehouse. Storage of commodities at the temporary warehouse is accomplished in compliance with this Code. On annulment of the license commodities being in the duty-free shop are subject to repeated customs clearing after the date of their delivery to the duty-free shop. The owner of a duty-free shop will have to pay customs duties for the whole period of storage of commodities in the shop under liquidation, at a rate established by relevant executive power body. On recall of the license commodities being in the duty-free shop are subject to repeated customs clearing after the date of decision about such recall. After decision about liquidation of duty-free shop is taken, the owner of the shop will have to pay customs duties for commodities being in the shop, at a rate specified for temporary warehouses established by customs authorities of the Azerbaijan Republic. During the period of suspension of the license for a certain term acceptance of commodities and their sale in the duty-free shop is not allowed. Movement of commodities (monitoring) is carried on in an order specified in this Code.

    Chapter 9. Processing of commodities at the customs territory

    Article 57. Content of customs regulations
    Processing of commodities at the customs territory - customs regulations when foreign commodities are used in an established order for processing at the customs territory of the Azerbaijan Republic without application of measures of economic policy and with refunding of sums of import customs duties and taxes, on condition that processed products shall be exported outside the customs territory of the Azerbaijan Republic in compliance with the customs export regulations. Article 58. Operations on processing of commodities
    Operations on processing of commodities include:
    • production of commodities, including installation, assembling, adjustment;
    • processing and treatment of commodities;
    • repair of commodities, including their restoration and putting in order;
    • complete or partial use of some commodities which contribute to processing of commodities or make it easier. Constraints on individual operations of processing of commodities, terms of accomplishment of these operations, including possibility and regulations on use of Azerbaijanian commodities are determined by relevant executive power body carrying out customs business in the Azerbaijan Republic.
    Article 59. License on processing of commodities at the customs territory
    Procedure of issuance of licenses for processing of commodities at the customs territory is established by relevant executive power body carrying out customs business in the Azerbaijan Republic. License for processing of commodities at the customs territory is issued to Azerbaijanian subjects by the executive power body carrying out customs business in the Azerbaijan Republic on condition that :
    • imported commodities might be identified with products of processing, except when specified otherwise by the executive power body carrying out customs business in the Azerbaijan Republic;
    • processing promotes export of products of processing or use of production facilities of the Azerbaijan Republic;
    • other regulations related to legislation of the Azerbaijan Republic on customs business are fulfilled; said regulations may be established by relevant executive power body carrying out customs business in the Azerbaijan Republic. License on processing of commodities at the customs territory may be annulled or recalled by executive power body carrying out customs business in the Azerbaijan Republic. License is annulled if it was issued based on untrue information, or against established regulations. Decision about annulment takes effect from the date of issue of said license. License is recalled if its owner fails to observe provisions of this chapter, or if on processing of commodities at the customs territory does not correspond anymore to economic policy of the Azerbaijan Republic. Recall will take effect from the date when such decision was taken.
    Article 60. Term of processing of commodities at the customs territory
    Processing of commodities at the customs territory must be done in term specified by customs authorities of the Azerbaijan Republic, in an order established by executive power body carrying out customs business in the Azerbaijan Republic. Such term must be economically sound to provide efficient processing of commodities and disposal or processed commodities. Article 61. Compulsory output of products of processing
    Customs authorities of the Azerbaijan Republic might establish in customs purposes compulsory output of products of processing formed as a result of processing of commodities. Procedure of establishment of compulsory output of products of processing in customs purposes is specified by executive power body carrying out customs business in the Azerbaijan Republic, on agreement with relevant executive power authorities of the Azerbaijan Republic. Article 62. Return of import customs duties, taxes
    Sums of import customs duties, taxes on export of products of processing in accordance with customs export regulations shall be refunded by customs authorities of the Azerbaijan Republic on condition of observance of this Code and if products of processing have been exported within at least two years from the day when commodities were transported through the customs border of the Azerbaijan Republic. Article 63. Exemption from customs duties, taxes and application of measures of economic policy
    Foreign commodities which were used for processing and products of their processing are exempted from export customs duties and taxes. Measures of economic policy are also not applied to said commodities and products.

    Chapter 10. Processing of commodities under the customs control

    Article 64. Content of customs regulations
    Processing of commodities under the customs control - customs regulations when foreign commodities are used in an established order at the customs territory of the Azerbaijan Republic without withdrawal of custom duties and taxes, and also without applying measures of economic policy to said commodities for processing under the customs control, with subsequent issuance for free circulation or placement of products of processing under different customs regulations. Article 65. Processing of commodities under the customs control
    Processing of commodities under the customs control is accomplished in line with provisions of articles 58-61 and 63 of this Code. Article 66. Constraints on use of customs control
    Processing of commodities under the customs control cannot be used as an excuse for non- observance of measures of economic policy and regulations on determination of the country of origin. Cases when use of customs regulations on processing of commodities under the customs control is prohibited are defined by executive power body carrying out control over the customs business in the Azerbaijan Republic.

    Chapter 11. Temporary import (export)

    Article 67. Content of customs regulations
    Temporary import (export) of commodities - customs regulations when disposal of commodities at the customs territory of the Azerbaijan Republic or outside it is allowed with complete or partial exemption from tax duties, taxes and without applying measures of economic policy. Commodities imported (exported) temporarily must be returned in unchanged condition, except normal wear and tear, or losses in the course of ordinary conditions of transportation and storage. Article 68. Regulations on placement of commodities under the customs control
    Temporary import (export) of commodities is allowed under regulations specified by executive power body which controls customs business in the Azerbaijan Republic. Relevant executive power body of the Azerbaijan Republic establishes categories of commodities banned for temporary import (export). Article 69. Permit for temporary import (export) of commodities
    Permit for temporary import (export) of commodities is issued by customs authorities of the Azerbaijan Republic in an order specified by executive power body which controls customs business in the Azerbaijan Republic. Customs authorities of the Azerbaijan Republic are not authorised to issue permits for temporary import (export) of commodities if they cannot be reliably identified. Article 70. Term allocated for temporary import (export) of commodities
    Term for temporary import (export) of commodities is established by customs authorities of the Azerbaijan Republic and as a rule cannot exceed two years, considering objectives and circumstances of such import (export). For individual categories of commodities, executive power body carrying out control over the customs business in the Azerbaijan Republic may establish shorter or longer time periods for temporary import (export) of commodities. Prolongation of said time periods is accomplished by customs authorities of the Azerbaijan Republic in an order specified by the executive power body carrying out control over the customs business in the Azerbaijan Republic. Article 71. Exemption from payment of customs duties, taxes
    Regulations on complete or partial exemption of commodities imported (exported) temporarily from payment of customs duties and taxes are established by relevant executive power body of the Azerbaijan Republic. In case of partial exemption from payment of customs duties and taxes, every month three percent will be paid of sum which would be paid if commodities were issued for free circulation and exported in accordance with customs export regulations. Total sum of customs duties and taxes withdrawn in case of temporary import (export), with partial exemption from payment of customs duties, taxes should not exceed sum of customs duties, taxes which would be paid at the moment of import (export) if commodities were issued for free circulation or exported in accordance with customs export regulations. Should these sums be equal, commodities will be regarded issued for free circulation or exported in accordance with customs export regulations, on condition that measures of economic policy are not applied to these commodities. Article 72. Disposal of commodities on expiration of specified term of temporary import (export)
    On the date of expiration of specified term, non-returned, imported (exported) temporarily commodities shall be declared under the different customs regulations, or placed at the temporary warehouses whose owners are customs bodies of the Azerbaijan Republic, or at other places specified by customs authorities of the Azerbaijan Republic. Article 73. Non-return of temporarily exported (imported) commodities due to their destruction, loss, deficit or as a result of illegal actions of bodies or executives of foreign country
    Person (entity) which exported commodities temporarily and failed to return said commodities within specified term will not be responsible before the customs authorities of the Azerbaijan Republic, if the fact of change in commodities due to normal wear and tear, or losses in the course of normal conditions of transportation and storage, and also destruction or complete loss of commodities as a result of accident or force majeure circumstances, or getting out of proprietorship as a result of illegal - under the legislation of the Azerbaijan Republic - actions of bodies or executives of foreign country has been confirmed by consular departments of the Azerbaijan Republic abroad. Person (entity) which imported commodities temporarily and failed to take out said commodities within specified term will not be responsible before the customs authorities of the Azerbaijan Republic, if the fact of change in commodities due to normal wear and tear, or losses in the course of normal conditions of transportation and storage, and also destruction or complete loss of commodities as a result of accident or force majeure circumstances, or getting out of proprietorship as a result of illegal - under the legislation of the Azerbaijan Republic - actions of bodies or executives of foreign country has been confirmed by competent state bodies of the Azerbaijan Republic.

    Chapter 12. Free customs zone. Free warehouse

    Article 74. Content of customs regulations
    Free customs zone and free warehouse - customs regulations where foreign commodities are placed and disposed of within territorial borders or buildings (depots) without withdrawal of customs duties, taxes and also without applying measures of economic policy to said commodities, whereas Azerbaijanian commodities are placed and disposed of in line with customs export regulations, as specified in this Code. Article 75. Establishment of free customs zone
    Free customs zone is established in accordance with provisions of legislation of the Azerbaijan Republic. Respective executive power body of the Azerbaijan Republic shall have the right to annul decision about establishment of free customs zone, if its functioning disagrees with provisions of this Code, or legislative acts of the Azerbaijan Republic on such zone (s). Article 76. License for establishment of free warehouse
    Free warehouses can be established under the license issued by relevant executive power body carrying out customs business in the Azerbaijan Republic. Executive power body carrying out customs business in the Azerbaijan Republic, in line with regulations established by relevant executive power authorities, issues license for establishment of free warehouse and specifies term of its validity. Rate of charge to be paid for the license on establishment of free warehouse is specified by relevant executive power body of the Azerbaijan Republic. License on establishment of free warehouse may be annulled or recalled, or suspended by the body which has issued such license. License on establishment of free warehouse will be annulled if it was issued based on untrue information, or against established regulations. License will be recalled if the owner of free warehouse fails to observe provisions of this chapter, or existence of the warehouse does not agree anymore with economic policy of the Azerbaijan Republic. License may be suspended for a term of up to three months or the license may be annulled, when there are enough reasons to believe that the owner of free warehouse abuses his power. On annulment or recall of license charge paid for its issuance shall not be reimbursed. Article 77. Operations with commodities in free customs zones and free warehouses
    On condition that provisions of this Code are observed, in free customs zones and free warehouses operations of productive nature and commercial operations with commodities, except their retail sale are allowed. To provide observance of legislation of the Azerbaijan Republic and depending on nature of commodities, bans and constraints on implementation of operations with commodities in free customs zones and free warehouses may be established. Such bans and constraints regarding free customs zones are established by relevant executive power body of the Azerbaijan Republic, and regarding free warehouses - by executive power body which carries out customs business in the Azerbaijan Republic. Customs authorities of the Azerbaijan Republic may forbid some persons (entities) to carry out operations with commodities in free customs zones and free warehouses, if these persons fail to observe provisions of this Code and other legislative acts of the Azerbaijan Republic. Relevant executive power body of the Azerbaijan Republic and executive power body which carries out customs business in the Azerbaijan Republic, within the limits of their competence, may restrict or forbid import of certain categories of commodities to free customs zones or their placement to free warehouses. Article 78. Term of location of commodities in free customs zones and free warehouses
    Where there are good reasons, customs authorities of the Azerbaijan Republic may carry out customs control over commodities located in free customs zones and free warehouses. Construction of buildings and depots in free customs zones is allowed on agreement with customs authorities of the Azerbaijan Republic. Procedures of customs clearing of commodities delivered into free customs zones and placed into free warehouses, and commodities exported from free customs zones and free warehouses might be simplified by the executive power body which carries out customs business in the Azerbaijan Republic. Article 80. Registration (accounting) of commodities located in free customs zones and at free warehouses
    Persons (entities) carrying out operations with commodities in free customs zones and owners of free warehouses shall keep records on imported, exported, stored, produced, processed, purchased and sold commodities and report to customs authorities of the Azerbaijan Republic about such commodities in an order specified by the executive power body which carries out customs business in the Azerbaijan Republic. Any changes with commodities within the borders of free customs zones and free warehouses should be reflected in records. Article 81. Requirements to free warehouses and their owners
    Buildings or other places intended for establishment of free warehouse should be developed and duly equipped to provide customs control and, where necessary have double locking devices, one of them being under surveillance of custom authorities of the Azerbaijan Republic. Only Azerbaijanian subjects may be the owners of free warehouses. The owner of free warehouse:
    • must not allow withdrawal of commodities located in the free warehouse apart from customs control;
    • should not hamper customs control;
    • must observe terms of license on establishment of free warehouse and meet requests of customs authorities of the Azerbaijan Republic, including access of their executives to commodities at the free warehouse;
    • must fulfil righteous requirements of customs authorities of the Azerbaijan Republic.
    Article 82. Withdrawal of customs duties, taxes and application of measures of economic policy
    On import of foreign and Azerbaijanian commodities into free customs zones or placement thereof into free warehouses, customs duties, taxes are not withdrawn and measures of economic policy are not applied. On export of commodities from the territory of free customs zones and from free warehouses to remaining part of customs territory of the Azerbaijan Republic, or on export of commodities from the territory of free customs zones and from free warehouses outside the Azerbaijan Republic within the limits of wholesale sale, customs duties and taxes shall be paid, and measures of economic policy will be applied depending on the origin of commodities. At request of interested person (entity) customs authorities of the Azerbaijan Republic will confirm origin of commodities having issued certificate in an order established by the executive power body which carries out customs business in the Azerbaijan Republic. If on export of commodity certificate is absent, said commodity is regarded as Azerbaijanian with the purpose of withdrawal of export customs duties and application of measures of economic policy, with all other purposes same commodity will be regarded as foreign. Article 83. Exemption of commodities intended for export in accordance with customs export regulations from customs duties, taxes or return of paid sums
    On import of commodities which are intended for export outside the Azerbaijan Republic in compliance with customs export regulations into free customs zones or placement thereof at the free warehouses, such commodities are exempted from customs duties, taxes, or paid sums are refunded if such exemption or reimbursement have been envisaged at actual export of commodities. Actual export of such commodities should be completed not later than six months from the day or reimbursement of customs duties or exemption thereof. On return of commodities, which are to be exported outside the Azerbaijan Republic, from the territory of free customs zones and free warehouses to remaining part of customs territory of the Azerbaijan Republic, or on failure to export commodities within specified time period, customs duties and taxes shall be paid, and also interest on these sums, at rates established by National Bank of the Azerbaijan Republic on credits provided by this Bank. Article 84. Responsibility for payment of customs duties
    Person (entity) which brought commodities to the free customs zone or placed them at the free warehouse is responsible for payment of customs charges. Article 85. Liquidation of free warehouse
    On liquidation of free warehouse after expiration of term of license validity, or by the owner' desire and also on annulment or recall of the license on establishment of free warehouse by the customs authorities of the Azerbaijan Republic, from the day when such decision was taken free warehouse becomes a warehouse of temporary storage. Commodities are stored at the warehouse of temporary storage in accordance with this Code. Total term of location of commodities at the warehouse of temporary storage must nor exceed six months. On annulment of the license commodities in the free warehouse are subject to repeated customs clearing after the date of their placement to the warehouse. The owner of commodities must pay customs duty for storage of commodities for the whole period of their storage in the warehouse under liquidation. Procedure and rates will be same as those established for warehouses of temporary storage. On suspension of the license, placement of foreign commodities at the warehouse will be done with payment of customs duties, taxes and application of measures of economic policy; exemption from customs duties, taxes or return of paid sums of customs duties, taxes shall not apply to Azerbaijanian commodities.

    Chapter 13. Processing of commodities outside the customs territory

    Article 86. Content of customs regulations
    Processing of commodities outside the customs territory - customs regulations when Azerbaijanian commodities are exported without application of measures of economic policy and are used outside the customs territory of the Azerbaijan Republic with the purpose of processing and subsequent issuance of products of processing into free circulation at the customs territory of the Azerbaijan Republic, with full or partial exemption from customs duties and taxes, and without application of measures of economic policy to said commodities. Article 87. Operations on processing of commodities outside the customs territory
    When processing commodities outside the customs territory operations listed in the first paragraph of article 59 of this Code might be accomplished. Executive power body carrying out customs business in the Azerbaijan Republic, on agreement with respective executive power body of the Azerbaijan Republic has the right to establish constraints on certain operations on processing of commodities outside the customs territory. Article 88. Situations excluding possibility of use of customs regulations
    Customs regulations on processing of commodities outside the customs territory cannot be applied in the following cases:
    • if export of commodities provides grounds allowing to demand reimbursement of import customs duties, taxes, exemption from said duties and taxes, or return of paid export sums;
    • if commodities before the export were issued into free circulation, and fully exempted from import customs duties, taxes - until such privileged regime exists;
    • in other cases defined by executive power body carrying out customs business in the Azerbaijan Republic, on agreement with respective executive power body of the Azerbaijan Republic.
    Article 89. License on processing of commodities outside the customs territory
    Processing of commodities outside the customs territory should be done based on license issued by customs authorities of the Azerbaijan Republic. Said license is issued to Azerbaijanian subjects on condition that :
    1. customs authorities of the Azerbaijan Republic states that products of processing are the result of processing of exported commodities;
    2. processing of commodities outside the customs territory does not make serious harm to economic interests of the Azerbaijan Republic;
    Procedure of issuance of licenses on processing of commodities outside the customs territory is established by relevant executive power body of the Azerbaijan Republic. License on processing of commodities outside the customs territory may be annulled or recalled by the body which has issued such license. License is annulled if it was issued based on untrue information, or against established regulations. Decision about annulment takes effect from the date established in compliance with legislation and indicated in said decision. License is recalled if its owner fails to observe provisions of this chapter, or if on processing of commodities at the customs territory does not correspond anymore to economic policy of the Azerbaijan Republic. Recall will take effect from the date when such decision was taken. Article 90. Term of processing of commodities at the customs territory
    Processing of commodities outside the customs territory must be done within the term specified by customs authorities of the Azerbaijan Republic, in an order established by the executive power body carrying out customs business in the Azerbaijan Republic. Such term must be economically sound to provide efficient processing of commodities. Article 91. Obligatory output of products of processing done outside the customs territory
    Customs authorities of the Azerbaijan Republic might establish obligatory output of products of processing formed as a result of processing of commodities outside the customs territory. Procedure of establishment of obligatory output of products of processing done outside the customs territory is specified by executive power body carrying out customs business in the Azerbaijan Republic, on agreement with relevant executive power body of the Azerbaijan Republic. Article 92. Replacement of products of processing with foreign products
    Replacement of products of processing with foreign products is allowed in exceptional cases, in an order specified by relevant executive power body of the Azerbaijan Republic, without prejudice to interests of the Azerbaijan Republic. Article 93. Non-return of products exported for processing due to their destruction, loss or illegal actions of organisations, executives of foreign country.
    Person (entity) which obtained license for processing of commodities outside the customs territory and failed to return commodities or import products of processing in specified time period will not be responsible to customs authorities of the Azerbaijan Republic if the fact that products of processing have been destroyed, lost as a result of accident or acts of god, or lost as a property as a result of illegal - under legislation of the Azerbaijan Republic- acts of authorities or executives of foreign state is confirmed by consular departments of the Azerbaijan Republic abroad. Article 94. Withdrawal of customs duties and taxes when taking commodities out (exporting) for processing
    Commodities which are taken out for processing are subject to export customs duties, taxes with subsequent refunding of these sums on issuance of products of processing for free circulation at the customs territory of the Azerbaijan Republic, provided that provisions of this chapter are observed. There will be no interest on refunded sums. On decision of customs authorities of the Azerbaijan Republic taken in line with regulations of the executive power body which carries out control over customs business in the Azerbaijan Republic, on agreement with relevant body of the executive power of the Azerbaijan Republic, commodities may be exempted from customs duties and taxes on commodities may be reimbursed at the moment when said commodities are taken out for processing outside the customs territory. Article 95. Exemption of products of processing from import customs duties and taxes
    Complete or partial exemption of products of processing from import customs duties and taxes is granted when said products are declared for free circulation either by the person (entity) who has obtained license for processing of commodities outside the customs territory, or by his (its) customs broker. Complete exemption from import customs duties and taxes is granted when customs authorities of the Azerbaijan Republic have assured themselves that objective of processing was overhaul of exported commodities, which was done free, except cases when on the initial issuance of commodities for free circulation shortage was taken into account. Partial exemption from import customs duties and taxes is granted when overhaul of exported commodities and other operations on processing were paid for. Sums of customs duties, taxes are defined based on rates applicable to products of processing multiplied by cost of the overhaul or other operations on processing.

    Chapter 14. Export of commodities

    Article 96. Content of customs regulations
    Export of commodities - customs regulations when commodities are exported outside the customs territory of the Azerbaijan Republic without obligations on their return to said territory. Article 97. Requirements to export of commodities
    Commodities are exported on condition of payment of export customs duties and taxes, and other customs charges, observance of measures of economic policy, fulfilment of other requirements envisaged by this Code and other legislative acts of the Azerbaijan Republic on customs business. Exported commodities are exempted from taxes, or paid sums of taxes are reimbursable in accordance with tax legislation of the Azerbaijan Republic. Article 98. Issuance of commodities under the customs export regulations
    On issuance of commodities under the customs export regulations, commodities should be exported outside the customs territory of the Azerbaijan Republic in same condition as they were on the day of acceptance of customs declaration, except changes in commodities condition as a result of normal wear and, or losses in normal conditions of transportation and storage.

    Chapter 15. Re-export of commodities

    Article 99. Content of customs regulations
    Re-export of commodities - customs regulations when foreign commodities are exported outside the customs territory of the Azerbaijan Republic without withdrawal, or with reimbursement of import customs duties and taxes, and without applying measures of economic policy, in accordance with this Code and other legislative acts of the Azerbaijan Republic on customs business. Re-export of commodities is allowed by permit of customs body of the Azerbaijan Republic provided in an order specified by executive power body which carries out control over customs business in the Azerbaijan Republic, and in cases falling under legislative acts of the Azerbaijan Republic and international agreements of the Azerbaijan Republic - by permit of respective body of executive power. Article 100. Terms of re-export of commodities
    When commodities are brought to the customs territory of the Azerbaijan Republic, import customs duties, taxes are not withdrawn and measures of the economic policy are not applied if said commodities have been declared to the customs authorities of the Azerbaijan Republic as intended directly and solely for re-export. Actual export of such commodities must take place not later than six months from the day when customs declaration was accepted. If commodities were not exported within the specified time period, customs duties and taxes shall be paid, and also interest on these sums, at rates established by National Bank of the Azerbaijan Republic on credits provided by this Bank. On taking out of re-exported commodities import customs duties and taxes paid on these commodities must be reimbursed on condition that;
    • re-exported commodities are in the same state as when they were imported, except normal wear and tear, or losses in the course of ordinary conditions of transportation and storage;
    • re-export of commodities takes place within two years from the moment of import;
    • re-exported commodities were not used with the purpose of making profits. On taking out of re-exported commodities export customs duties and taxes shall not be withdrawn, and measures of economic policy applicable to export, shall not apply except situations specified by relevant executive power body of the Azerbaijan Republic.


    Chapter 16. Destruction of commodities

    Article 101. Content of customs regulations
    Destruction of commodities - customs regulations when foreign commodities are destroyed under the customs control, meaning that they are put into condition unfit for use, without withdrawal of customs duties and taxes, and also without applying measures of economic policy to said commodities. Destruction of commodities might be done by permit of customs authorities of the Azerbaijan Republic. Destruction of commodities is prohibited if this might be harmful for the environment and in other cases specified by executive power body carrying out customs business in the Azerbaijan Republic. Article 102. Costs of destruction of commodities and formed wastes
    Destruction of commodities and neutralisation of formed wastes will be carried under the state control and at the expense of the owner of these wastes. Wastes formed as a result of destruction of commodities must be placed under the customs control as foreign commodities being under the customs control.

    Chapter 17. Refusal from commodities in favour of the state

    Article 103. Content of customs regulations
    Refusal from commodities - customs regulations when person (entity) refuses from commodity , without withdrawal of customs duties, taxes and also without applying measures of economic policy. Refusal from commodities in favour of the state in accordance with provisions of this chapter is possible only by permit of customs authorities of the Azerbaijan Republic, given in accordance with legislation of the Azerbaijan Republic. Article 104. Costs associated with refusal from commodities
    According to provisions of this chapter, refusal from commodities in favour of the state shall not involve any costs for the state.

    Chapter 18. Transfer of means of transportation and some kinds of commodities through the customs border of the Azerbaijan Republic

    Article 105. Transfer of means of transportation
    Transfer of means of transportation through the customs border of the Azerbaijan Republic is accomplished in compliance with customs regulations applicable to means of transportation. Means of transportation passing through the customs border of the Azerbaijan Republic, and also means of transportation being transferred through the customs border of the Azerbaijan Republic as commodities, shall stop in points specified by customs authorities of the Azerbaijan Republic. Should said means of transportation refuse to stop as indicated, customs authorities of the Azerbaijan Republic will have the right to stop them by force. Time length of parking for means of transportation shall be defined by customs authorities of the Azerbaijan Republic and should not be shortened to the prejudice of customs control and customs clearing. Departure of means of transportation from their parking places shall take place only by permit of customs authorities of the Azerbaijan Republic. Time and point of crossing of the customs border of the Azerbaijan Republic by means of transportation is subject to agreement between the carrier and respective customs body of the Azerbaijan Republic. Article 106. Transfer of national currency of the Azerbaijan Republic, securities in national currency and other currency valuables
    Transfer of national currency of the Azerbaijan Republic, securities in national currency and other currency valuables shall be done in compliance with legislation of the Azerbaijan Republic on currency Article 107. Transfer of commodities by physical persons with non-commercial purposes
    Commodities which are not intended for productive or commercial activity can be transferred by physical persons through the customs border of the Azerbaijan Republic in simplified, privileged manner, determined by relevant executive power body of the Azerbaijan Republic and executive power body which carries out customs business in the Azerbaijan Republic within the limits of its competence. Designation of commodities is identified depending on their nature and frequency of commodity transfers, taking into account all circumstances of the trip of physical person, and whether there are enough reasons to believe that commodities are transferred through the customs border of the Azerbaijan Republic with the purpose of personal use or consumption by physical person or member of his family. Executive power body which carries out customs business in the Azerbaijan Republic, on agreement with respective executive power body of the Azerbaijan Republic, is authorised to establish quantitative or cost quotas on transfer of some categories of commodities without commercial purposes by physical persons through the customs border of the Azerbaijan Republic in simplified, privileged manner.


    Section III Customs payments


    Chapter 19. General

    Article 108. Customs payments
    In cases specified in this Code and other legislative acts of the Azerbaijan Republic the following customs payments shall be done:
    1. customs duty;
    2. value added tax;
    3. excises;
    4. charges for issuance of licenses by the executive power body which carries out customs business in the Azerbaijan Republic, and for re-activation of the license;
    5. charges for issuance of qualification certificate to specialists on customs clearance and re-activation of such certificates;
    6. customs charges for customs clearance ;
    7. customs charges for storage of commodities;
    8. customs charges for customs escort of commodities;
    9. payment for advises and consulting;
    10. payment for taking preliminary decision;
    11. fee for participation in customs auctions;
    12. other customs payments.
    Article 109. Customs duty
    Commodities transferred through the customs border of the Azerbaijan Republic are subject to payment of customs duty in accordance with the Law of the Azerbaijan Republic "On customs tariff". Article 110. Value added tax
    Value added tax is applied to commodities being imported to the customs territory of the Azerbaijan Republic and exported from this territory in line with provisions of this Code and the Law of the Azerbaijan Republic "On excises". Article 112. Customs charges for customs clearance
    Customs charges for customs clearance on commodities, including means of transportation taken through the customs border of the Azerbaijan Republic as commodities, and commodities of non-commercial nature, being transported in unaccompanied luggage, international mail and as a cargo, and also means of transportation are withdrawn as envisaged by legislation of the Azerbaijan Republic. Double charges will be taken for customs clearance on commodities and means of transportation implemented outside specified locations and after normal working hours of customs authorities of the Azerbaijan Republic. Article 113. Customs charges for storage of commodities
    Customs charges for storage of commodities and means of transportation in the customs warehouses and warehouses of temporary storing, their owners being customs authorities of the Azerbaijan Republic, are withdrawn at rates specified by the executive power body which carries out customs business in the Azerbaijan Republic, on agreement with relevant executive power body of the Azerbaijan Republic, based on average cost of rendered services. Article 114. Customs charges for customs escort of commodities
    Customs charges for customs escort of commodities are withdrawn at rates specified by the executive power body which carries out customs business in the Azerbaijan Republic, on agreement with relevant executive power body of the Azerbaijan Republic.

    Chapter 20. Estimation and payment of customs charges

    Article 115. Basis for estimation of customs duty, value added tax, excise and custom charges
    Basis for estimation of customs duty, excises and custom charges will be customs cost of commodities and mans of transportation determined in accordance with the Law of the Azerbaijan Republic "On customs tariff". Basis for estimation of value added tax will be customs cost of commodities plus customs duty, and for commodities of excise category - also sum of excise. Article 116. Payers of customs charges
    Custom charges shall be paid directly by declaring person, or other person as specified in this Code. Any interested person has the right to pay customs charges if nor specified otherwise by this Code. Article 117. Term of payment of customs charges
    Customs charges are paid before or simultaneously with acceptance of customs declaration. On transfer of commodities through the customs border of the Azerbaijan Republic without commercial purposes, customs charges are paid simultaneously with acceptance of customs declaration. If customs declaration was not presented within specified time period, term of payment of customs charges shall be estimated from the deadline for presentation of customs declaration. Article 118. Procedure of payment of customs charges
    Customs charges are paid to customs authorities of the Azerbaijan Republic, and as per commodities sent by international mail - to state enterprises of communications; these enterprises then transfer said sums of payments to the bank accounts of customs authorities of the Azerbaijan Republic in an order specified by the executive power body which carries out customs business in the Azerbaijan Republic, together with relevant executive power body of the Azerbaijan Republic. Article 119. Payment of customs charges with deferment and by instalments
    As an exception, the payer may be allowed to pay customs charges with deferment and by instalments. Decision about privilege to pay customs charges with deferment and by instalments is taken by customs authorities of the Azerbaijan Republic which carries out customs clearing. Term of payment of customs charges with deferment and by instalments must not exceed two months from the day of acceptance of customs declaration. After the privilege to pay customs charges with deferment and by instalments is given, customs charges shall be paid in an order specified by this Code. Interest for provision of right to pay with deferment and by instalments will be taken at rates established by National Bank of the Azerbaijan Republic for credits provided by this Bank. Said interest sums will be transferred to state budget. Persons who attempted to avoid paying customs charges will not be granted the privilege in payment with deferment and by instalments. Article 120. Security of payment of customs charges
    Payment of customs charges may be secured by mortgage of commodities and means of transportation, guarantee of the third party, or by transfer of due sums to the deposit account. On mortgage, pawned commodities and means of transportation remain with the mortgagor, if not specified otherwise by customs authorities of the Azerbaijan Republic. Mortgagor has no right to dispose of subject of mortgage without consent of customs authorities of the Azerbaijan Republic. Registration of mortgage and recourse with respect to mortgage are implemented in accordance with legislative acts of the Azerbaijan Republic on mortgages. Guarantee of bank and other credit organisation which obtained license of National Bank of the Azerbaijan Republic for accomplishment of operations with foreign currency may be used as security of payment of customs charges. Such banks and other credit organisations are included, by their applications, into register maintained by the executive power body which carries out customs business in the Azerbaijan Republic. Procedure of consideration of applications of banks and other credit organisations about inclusion into the register is established by the executive power body which carries out customs business in the Azerbaijan Republic. Rate of charge for inclusion of bank and other credit organisation into the register is determined by relevant executive power body of the Azerbaijan Republic. Whenever terms of guarantees and provisions of this article are not observed, bank and other credit organisation may be excluded from the register by decision of the executive power body which carries out customs business in the Azerbaijan Republic. On exclusion of bank and other credit organisation from the register paid sum of registration fee will not be returned. Sum of customs payments transferred to deposit account is the sum which should be paid if commodities were issued for free circulation, or exported in accordance with customs export regulations. No interest shall be added to said sums of money for the period of their being at the deposit account. Procedure of transfer of due sums to deposit accounts and of their return is established by the executive power body which carries out customs business in the Azerbaijan Republic. Article 121. Currency of customs payments
    Customs payments are accomplished in national currency of the Azerbaijan Republic. As an exception customs payments may be done in foreign currency. Conversion of foreign currency into national currency of the Azerbaijan Republic is done at a rate of exchange of National Bank of the Azerbaijan Republic existing on the date of acceptance of customs declaration. Article 122. Collection of customs payments and measure of responsibility
    Unpaid customs duties and other payments are collected by customs authorities of the Azerbaijan Republic irrespective of the time when fact of non-payment was discovered. Collection of payments from physical persons taking commodities through the customs border of the Azerbaijan Republic for purposes other than commercial is accomplished based on legislation of the Azerbaijan Republic. Fine in the amount of 0,3 percent of the underpaid sum is collected for each day of the period of indebtedness. If the payer has no money, in line with legislation of the Azerbaijan Republic recourse will be taken against his property. Should the payer try to avoid customs payments, executive power body which carries out customs business in the Azerbaijan Republic, is authorised to make decision on suspension of operations with bank accounts of the payer to the moment of actual payment. Such decision is mandatory for banks and other credit organisations. If the banks or other credit organisations fail to implement decisions of the executive power body which carries out customs business in the Azerbaijan Republic on unquestionable recovery of due sums, or if there are unnecessary delays with implementation of said decisions, legal actions shall be taken against such persons and guilty executives, in accordance with legislation of the Azerbaijan Republic. Repeated non-implementation or repeated delays with implementation of decisions of the executive power body which carries out customs business in the Azerbaijan Republic on unquestionable recovery of sums of customs payments shall be a motive for the National Bank of the Azerbaijan Republic to recall license for implementation of banking operations. If the person which takes commodities and means of transportation through the customs border of the Azerbaijan Republic is not declaring person himself, such person shall be equally responsible with the declaring person for payment of customs duties. On illegal transfer of commodities and means of transportation through the customs border of the Azerbaijan Republic persons involved in said illegal transfer of commodities and means of transportation, persons participating in said illegal transfer - if they knew or should know about illegality of such transportation, and, in case of import, also persons who purchased as a property or acquired for use illegally imported commodities and means of transportation - if they knew or should know about illegality of such import. Article 123. Return of overpaid customs charges
    Sums of overpaid customs charges should be reimbursed, at a person's request, within one year from the moment of payment or withdrawal of such payments. On reimbursement of the above sums of customs payments no interest is paid on them. Procedure of return of overpaid customs charges is established by the executive power body carrying out customs business in the Azerbaijan Republic, on agreement with relevant executive power body of the Azerbaijan Republic.


    Section IV Customs clearing


    Chapter 21. General

    Article 124. Procedure of implementation of customs clearing
    Customs clearing is implemented in an order specified by this Code and other legislative acts of the Azerbaijan Republic, including normative acts of the executive power body carrying out customs business in the Azerbaijan Republic. Article 125. Place and time of implementation of customs clearing
    Customs clearing is implemented in specially allocated places, in a zone of activity of customs body of the Azerbaijan Republic, where consignor of consignee of commodities is located, or their structural division; time for implementation of customs clearing will be normal working hours of customs body of the Azerbaijan Republic established by the executive power body carrying out customs business in the Azerbaijan Republic. With the consent of customs authorities of the Azerbaijan Republic customs clearing might be done in other places and after normal working hours of customs authorities of the Azerbaijan Republic. Executive power body which carries out customs business in the Azerbaijan Republic is authorised to assign implementation of customs clearing for certain categories of commodities and means of transportation to specific customs bodies of the Azerbaijan Republic. Article 126. Presence of authorised executives and their representatives during procedure of customs clearing
    Persons which have authority with regards to commodities and means of transportation and their representatives have the right to be present during procedure of customs clearing. At request of customs authorities of the Azerbaijan Republic said persons and their representatives must attend procedure of customs clearing and assist executives of customs authorities of the Azerbaijan Republic in implementation of customs clearing. Article 127. Language of customs clearing
    Azerbaijanian language is an official language of customs clearing procedure, except cases specified in this Code, international agreements of the Azerbaijan Republic and normative acts issued by the executive power body carrying out customs business in the Azerbaijan Republic. Article 128. Customs clearing and control of other state bodies
    In cases envisaged by legislation of the Azerbaijan Republic, customs clearing of commodities and means of transportation transferred through the customs border of the Azerbaijan Republic will be completed only after they passed veterinary, phyto-sanitary, ecological and other kinds of state control. Article 129. Use and disposal of commodities and means of transportation which have not passed customs clearing
    Nobody has the right to use and to dispose of commodities and means of transportation which have not passed customs clearing, except cases specified in this Code and normative acts issued by the executive power body carrying out customs business in the Azerbaijan Republic. Executive power body which carries out customs business in the Azerbaijan Republic has the right to establish terms and constraints on use and disposal of commodities and means of transportation which have not passed customs clearing. Article 130. Beginning of customs clearing
    Customs clearing begins after official representative of customs body of the Azerbaijan Republic has made statement about his readiness to begin customs clearing with respect to specific of commodities and means of transportation, with observance of procedure of preliminary operations envisaged in this Code. Article 131. Simplified procedure of customs clearing
    Customs clearing of commodities required in situations of natural calamities, accidents, emergencies, with live animals, perishable goods, radioactive substances, printed materials and other objects for mass media, commodities addressed to higher bodies of legislative, executive and judicial power of the Azerbaijan Republic and other similar commodities shall be done in a privileged and simplified manner. Cases and conditions of implementation of customs clearing in a simplified manner are specified by the executive power body carrying out customs business in the Azerbaijan Republic. Article 132. Handling and other operations with commodities and means of transportation required for customs clearing
    At request of customs authorities of the Azerbaijan Republic, person transporting commodities through the customs border of the Azerbaijan Republic, carrier, owner of the warehouse and other person having authority with respect to commodities and means of transportation, are obliged to carry out transportation, weighing or other determination of quantity of commodities, loading, unloading, packing or repackaging of commodities and means of transportation which need customs clearing, and also to open locations where such commodities and means of transportation could be. If customs clearing with respect to said commodities and means of transportation has not been completed, these operations might be carried out with the consent of customs authorities of the Azerbaijan Republic. Handling and other operations with commodities and means of transportation should not result in any additional costs for customs authorities of the Azerbaijan Republic. Article 133. Taking samples and specimens of commodities with the purpose of customs clearing
    Customs authorities of the Azerbaijan Republic have the right to take samples and specimens of commodities with the purpose of customs clearing and carry out their investigation (expertise). With consent of customs authorities of the Azerbaijan Republic, samples and specimens of commodities might be taken by persons having authority with respect to said commodities, their representatives and other bodies of state control. Samples and specimens shall be taken in minimum quantities sufficient for investigations. Act on taking samples and specimens which are under the customs control shall conform to requirements of the executive power body carrying out customs business in the Azerbaijan Republic. Persons having authority with respect to commodities and their representatives might be present when executives of customs bodies of the Azerbaijan Republic and other bodies of state control take samples and specimens of commodities. Executives of customs bodies of the Azerbaijan Republic shall be present when samples and specimens are taken by other bodies of state control and also persons having authority with respect to commodities and their representatives. Said persons and their representatives must assist customs authorities of the Azerbaijan Republic in taking samples and specimens of commodities. In the absence of persons having authority with respect to commodities and their representatives, if these persons fail to appear within ten days after the presentation of commodities, or in urgent circumstances, samples and specimens of commodities may be taken by customs officers of the Azerbaijan Republic. In such situation, when samples and specimens of commodities are taken, physical persons which are not interested in results of investigation shall be present. Persons having authority with respect to commodities and their representatives have the right to be acquainted with results of investigation of samples and specimens of commodities. Customs authorities of the Azerbaijan Republic should be informed about results of investigation of samples and specimens of commodities taken by other bodies of state control. Customs authorities of the Azerbaijan Republic will not reimburse any expenses borne by the person in connection with taking of samples and specimens of commodities. Costs borne by customs authorities of the Azerbaijan Republic and customs laboratories in connection with investigation of samples and specimens of commodities shall not be reimbursed by the person, except situations when such investigation is carried out by the initiative of said person. Procedure of taking samples and specimens of commodities, term of their investigation and procedure of disposal are established by the executive power body which carries out customs business in the Azerbaijan Republic. Article 134. Measures on observance of customs legislation of the Azerbaijan Republic with respect to transportation of commodities and accompanying documents
    If customs authorities of the Azerbaijan Republic have insufficient evidence that carrier or its means of transportation cannot guarantee observance of provisions of this Code, customs authorities of the Azerbaijan Republic may permit transportation of commodities and accompanying documents on condition that vehicle of customs escort is duly equipped (escort of commodities, means of transportation and accompanying documents by executives of customs authorities of the Azerbaijan Republic) to customs carriers in compliance with provisions of this Code and normative acts of the executive power body which carries out customs business in the Azerbaijan Republic. Whereas, expenses in connection with equipping of said vehicle, transportation of commodities and accompanying documents shall be at the carrier' account.

    Chapter 22. Preliminary operations

    Article 135. Preliminary operations
    All activities related to customs business and preceding major customs clearing of commodities and means of transportation and their placement under specific customs regulations pertain to preliminary operations. Article 136. Main purpose of preliminary operations
    Intention of preliminary operations is to facilitate and to promote major customs clearing of commodities and means of transportation and their placement under specific customs regulations. During preliminary operations customs authorities of the Azerbaijan Republic do not permit import to the Azerbaijan Republic or export from the Azerbaijan Republic of commodities and means of transportation forbidden for such import and export. Meanwhile, identification of these commodities and means of transportation with the customs purposes is done. Article 137. Notification of customs authorities of the Azerbaijan Republic about crossing of customs border of the Azerbaijan Republic or intention to take commodities and means of transportation outside the customs territory
    When importing commodities and means of transportation to the customs territory of the Azerbaijan Republic, and also from the territory of free customs zones and from free warehouses to remaining part of customs territory of the Azerbaijan Republic, carrier notifies customs authorities of the Azerbaijan Republic about crossing the customs border of the Azerbaijan Republic. When exporting commodities and means of transportation outside the customs territory of the Azerbaijan Republic, person transferring commodities and means of transportation notifies beforehand customs authorities of the Azerbaijan Republic about intention to export said commodities and means of transportation. Customs body of the Azerbaijan Republic has the right to register such notification and to appoint time and point of destination, where commodities and means of transportation should arrive for subsequent customs clearing. Should the person transferring commodities fail to issue such notification, it should be done by carrier. Provisions of this article do not apply to sea, river and air vessels crossing customs border of the Azerbaijan Republic without stops in the ports or airports located on the territory of the Azerbaijan Republic. Article 138. Delivery of commodities, means of transportation and accompanying documents to the place specified by customs authorities of the Azerbaijan Republic
    After the notification mentioned in article 137 of this Code, carrier will have to deliver commodities, means of transportation and accompanying documents to the place specified by customs authorities of the Azerbaijan Republic and store them in this place. Use of these commodities and means of transportation with any other purposes is not permitted, except when there are changes due to normal wear and tear, or losses in the course of ordinary conditions of transportation and storage. Commodities, means of transportation and accompanying documents should be delivered to customs bodies of the Azerbaijan Republic within term specified depending on capacity of the vehicle, route and other conditions of transportation. Article 139. Measures taken upon the accident or force majeure
    If, when delivering commodities, means of transportation and accompanying documents, carrier cannot fulfil obligations under article 138 of this Code due to the accident or force majeure circumstances, he will have to provide guarding and prevent any unauthorised use of commodities and means of transportation. Carrier should also notify immediately the nearest customs body of the Azerbaijan Republic about such circumstances and location of commodities and means of transportation. Customs body of the Azerbaijan Republic decides what measures should be taken in the circumstances to provide customs control. Customs authorities of the Azerbaijan Republic shall not refund costs borne by the carrier as a result of taking measures in compliance with this article. Provisions of this article apply also to occasions when sea, river and air vessels mentioned in article 137 of this Code make forced stop (landing) on the territory of the Azerbaijan Republic. Article 140. Presentation of commodities and means of transportation for customs control at a place of delivery
    At a place of delivery commodities and means of transportation are presented for customs control, and accompanying documents are delivered to customs authorities of the Azerbaijan Republic. Presentation means notification about arrival of commodities and means of transportation not later than one hour after their arrival, and if said commodities and means of transportation arrived after normal working hours of customs body of the Azerbaijan Republic - not later than one hour after working day in this organisation begins. After presentation of commodities, with permit of customs body of the Azerbaijan Republic, persons having authority with respect to commodities, and their representatives may take samples and specimens of commodities with the purpose of their placement under the customs regulations. Commodities and means of transportation which arrived to the place of destination after normal working hours of customs body of the Azerbaijan Republic should be placed in the zone of customs control. Abandonment of means of transportation and commodities without control, change of original location of commodities, loading and unloading of commodities, damages package and re-packaging of commodities, change, removal or destruction of identification marks, re-loading, debarkation of passengers shall be done only with permit of customs authorities of the Azerbaijan Republic. Violation of provisions of this article shall not bring about responsibility of carrier if the latter can prove that there was real danger of destruction, irretrievable loss or damage to commodities. Carrier shall immediately notify customs authorities of the Azerbaijan Republic about circumstances which caused violation of said provisions. Extra expenses which the carrier suffered as a result of activities under this article will not be refunded by customs authorities of the Azerbaijan Republic. Article 141. Prime entry
    Before commodities and means of transportation are placed under specific customs regulations, prime entry (brief declaration) may be used. Form of prime entry and list of data to be specified in it are established by the executive power body which carries out customs business in the Azerbaijan Republic. With permit of customs body of the Azerbaijan Republic, transport, commercial and other documents, including those prepared in foreign languages familiar to the executives of the customs body might be used as prime entry, if these documents contain information mentioned in the second paragraph of this article. Prime entry is presented by the carrier simultaneously with presentation of commodities and means of transportation or, with permit of customs authorities of the Azerbaijan Republic, not later than on the following working day after presentation of commodities and means of transportation. Prime entry is not presented if commodities are placed under specific customs regulations within specified term. If representative, specially authorised by the carrier to present prime entry is absent, then, with the purpose of customs business, captain, driver or other physical person driving the vehicle will present such prime entry. Representative of the carrier must assist customs authorities of the Azerbaijan Republic in procedure of clearing with prime entry. Article 142. Responsibility before customs authorities of the Azerbaijan Republic during preliminary operations
    Before commodities and means of transportation are placed under a certain customs regulations, carrier will be responsible for these commodities and means of transportation before customs authorities of the Azerbaijan Republic (including payment of customs charges), except other cases envisaged by this Code.

    Chapter 23. Temporary storage

    Article 143. Placement of commodities and means of transportation for temporary storage
    From the moment of presentation to the customs authorities of the Azerbaijan Republic and to the moment of their issuance or placement under chosen customs regulations commodities and means of transportation are placed for temporary storage under the customs control. Article 144. Places of temporary storage
    Temporary storage is done in specially allocated and equipped buildings (depots) or other places (warehouses of temporary storage). Warehouse of temporary storage might be established by customs bodies of the Azerbaijan Republic or Azerbaijanian subjects. Article 145. License for establishment of warehouse of temporary storage
    Warehouse of temporary storage might be established under the license issued by relevant executive power body carrying out customs business in the Azerbaijan Republic. No license is required if the founder of warehouse of temporary storage is the customs body of the Azerbaijan Republic. Executive power body carrying out customs business in the Azerbaijan Republic determines procedure of issuance of license on establishment of the warehouse of temporary storage. Term of validity of license on establishment of the warehouse of temporary storage is defined by the executive power body carrying out customs business in the Azerbaijan Republic. Rate of charge to be paid for the license on establishment of the warehouse of temporary storage is defined by the executive power body carrying out customs business in the Azerbaijan Republic. License on establishment of the warehouse of temporary storage may be annulled or recalled by the body which has issued said license. License is annulled if it was issued based on untrue information, or against established regulations. Decision about annulment takes effect from the date of issue of said license. License is recalled if the owner of the warehouse fails to observe provisions of this chapter. Recall will take place from the date when decision about recall was taken. On annulment or recall of the license charge paid for its issuance shall not be reimbursed. Article 146. Types of warehouses of temporary storage
    Warehouses of temporary storage might be of open type (accessible for any commodities) or closed type (intended for storage of commodities requiring special conditions). Warehouses of temporary storage established by customs authorities of the Azerbaijan Republic are warehouses of open type. Warehouses of temporary storage of closed type are established if inefficiency of establishment of the open type warehouses is evident. Article 147. Commodities placed to the warehouse of temporary storage
    Any commodities might be placed to the warehouse of temporary storage. Commodities which can cause damage to other commodities or those requiring special storing conditions must be kept in specially equipped warehouses of temporary storage. Article 148. Relationship between the owner of the warehouse of temporary storage and persons placing commodities and means of transportation to the warehouse
    Relationship between the owner of the warehouse of temporary storage and persons placing commodities and means of transportation to the warehouse is based on agreement (contract). Relationships between the customs authorities of the Azerbaijan Republic which are the owners of warehouses of temporary storage and persons placing commodities and means of transportation to the warehouse are implemented in compliance with this Code and normative acts of the executive power body carrying out customs business in the Azerbaijan Republic. Article 149. Documents required for placement of commodities and means of transportation to the warehouse of temporary storage
    When commodities and means of transportation are placed to the warehouse of temporary storage, customs authorities of the Azerbaijan Republic request, as a rule, only documents sufficient for identification of commodities and means of transportation, including those made in one of foreign languages familiar to the executives of the customs body of the Azerbaijan Republic. Article 150. Responsibility of the owner of warehouse of temporary storage
    The owner of warehouse of temporary storage:
    • must provide equipping of the warehouse as required to provide customs control
    • must not allow withdrawal of commodities and means of transportation being in storage at the warehouse apart from customs control;
    • should not hamper customs control;
    • must keep accounting and present reports to customs authorities on commodities and means of transportation in storage, as specified by the executive power body carrying out customs control in the Azerbaijan Republic;
    • must prevent access of third parties to stored commodities and means of transportation;
    • must equip the warehouse, where required, with double locking devices, one of them being under surveillance of custom authorities of the Azerbaijan Republic;
    • must observe terms of license on establishment of the warehouse of temporary storage;
    • must meet requests of customs authorities of the Azerbaijan Republic, including their access to locations of stored commodities and means of transportation, free provision of rooms, equipment and means of communication in the warehouse of temporary storage for organisation of customs control and clearing.
    Article 151. Additional rights of customs authorities of the Azerbaijan Republic with respect to warehouses of temporary storage
    Customs authorities may establish requirements for construction, equipping and location of warehouses of temporary storage. Executive power body carrying out customs business in the Azerbaijan Republic shall have the right to determine list of commodities which could be stored at the warehouses of temporary storage belonging to customs authorities of the Azerbaijan Republic. Article 152. Responsibility for payment of customs duties
    Except cases envisaged in the second and third paragraphs of this article, owner of the warehouse is responsible for payment of customs charges with respect to commodities and means of transportation placed at the warehouse of temporary storage. If in the agreement of the owner of the warehouse of temporary storage with the person placing commodities and means of transportation to the warehouse it is envisaged that this person will be responsible for payment of customs charges, then the owner of the customs warehouse will be responsible for payment of customs charges equally with the above said person. If the warehouse of temporary storage belongs to customs authorities of the Azerbaijan Republic, then person which placed commodities and means of transportation to the warehouse of temporary storage will be responsible for payment of customs charges, in the absence of such person - responsibility will be with the owner of commodities and means of transportation. Article 153. Term of temporary storage
    Term of temporary storage is established by customs authorities of the Azerbaijan Republic based on time required for presentation of customs declaration, nature of commodity and used means of transportation. Specified term may be prolonged by the customs body of the Azerbaijan Republic. Full term of storage of commodities and means of transportation at the warehouse of temporary storage must not exceed two months, and in cases envisaged elsewhere in this Code - specified term. Executive power body carrying out customs business in the Azerbaijan Republic might further limit periods for storage of commodities of certain categories. Article 154. Operations with commodities being at the warehouse of temporary storage
    The following operations might be implemented with commodities being at the warehouse of temporary storage:
    • visual inspection and measurements made by the owner of the warehouse of temporary storage, other person having authority with respect to commodities, and their representatives;
    • taking samples and specimens of commodities with the permit of customs authorities of the Azerbaijan Republic;
    • other operations necessary for preservation of commodities in unchanged state, including correction of damaged packaging.


    Chapter 24. Customs broker

    Article 155. Activity of customs broker
    Enterprises - legal entities which obtained license of the executive power body carrying out customs business in the Azerbaijan Republic may act as customs broker (intermediary). Customs broker established in accordance with legislation of the Azerbaijan Republic carries out its activity in line with this Code and regulations approved by relevant executive power body of the Azerbaijan Republic. Relationship of customs broker with represented person are based on the certified agreement. Article 156. License allowing to act as a customs broker
    The following requirements should be met to obtain a license authorising to carry out activity as a customs broker:
    1. to have a staff specialist on customs clearing, who has got qualification certificate;
    2. to conclude agreement on occupancy insurance, sum of insurance being not less than 10000-fold minimum wages according to legislation;
    3. have all required facilities sufficient for implementation of activity of customs broker;
    4. to have all conditions allowing to carry out accounting and reports, clearly and comprehensively reflecting operations with commodities being under the customs control.
    Procedure of issuance of license for implementation of activity in the role of customs broker is established by relevant executive power body of the Azerbaijan Republic. Looking into applications for broker activity, issuance of licenses and determination of the term of its validity will be done by the executive power body which carries out customs business in the Azerbaijan Republic. License is annulled if it was issued based on untrue information, or against established regulations. Decision about annulment takes effect from the date of issuance of said license. License might be recalled by the executive power body which carries out customs business in the Azerbaijan Republic in the following cases:
    1. repeated non-implementation by the customs broker of his obligations;
    2. repeated infringement of the law;
    3. significant harm done to represented person by way of illegal use of information which presents commercial secret, or is confidential;
    4. declaration of insolvency or bankruptcy of customs broker;
    5. use of services of the specialist without qualification certificate, or deprived of such certificate, specialist whose qualification certificate has been annulled, recalled, recognised invalid, or suspended;
    6. violation of tax legislation or other legislation of the Azerbaijan Republic.
    Recall is valid from the day when decision about recall is taken. Repeated application about issuance of license may be considered after two years from the day when decision about annulment or recall of license is taken, provided that causes of such annulment or recall are eliminated. Whenever there are sufficient grounds to believe that customs broker abuses his power, executive power body which carries out customs business in the Azerbaijan Republic will have the right to annul license or to suspend it for a term of up to three months. Article 157. Rights and obligations of customs broker
    Customs broker has the right to carry out any operations on customs clearing and other intermediary functions in the sphere of customs business in his (its) own name at the expense and on behalf of represented person. When carrying out customs control and customs clearing, customs broker implements all obligations and nears responsibility as if he himself transported commodities through the customs border of the Azerbaijan Republic. Relationship of customs broker with customs authorities of the Azerbaijan Republic, his rights, obligations and responsibility cannot be limited by agreement with represented person. Article 158. State register of customs brokers
    Executive power body which carries out customs business in the Azerbaijan Republic keeps state register of customs brokers and provides its periodic publications. Article 159. Specialists in customs clearing
    Specialist having qualification certificate of the executive power body which carries out customs business in the Azerbaijan Republic will be authorised to accomplish operations of customs clearing on behalf of customs broker. When specialist mentioned above in this article carries out operations on customs clearing on behalf of customs broker, it will be assumed that this specialist has been authorised by customs broker if the latter does not prove otherwise. Customs broker cannot restrict obligations of specialists in customs clearing with respect to customs authorities of the Azerbaijan Republic. Procedure of issuance of qualification certificate, term of its activity and requirements of specialist in customs clearing are defined by the executive power body carrying out customs business in the Azerbaijan Republic. Qualification certificate of specialist in customs clearing may be annulled in accordance with legislation of the Azerbaijan Republic if it was issued based on untrue information, or against established regulations. According to legislation of the Azerbaijan Republic qualification certificate of specialist in customs clearing might be recalled if the specialist:
    1. repeatedly failed to fulfil its obligations with respect to customs authorities of the Azerbaijan Republic;
    2. was found guilty in forgery of documents, theft, bribery, and also repeated infringement of legislation in relation with this Code;
    3. caused serious damage to represented person by way of illegal use of commercial secrets and confidential information;
    4. violated or failed to fulfil requirements of customs authorities of the Azerbaijan Republic;
    5. violated tax and other legislation of the Azerbaijan Republic.
    Recall is valid from the day when decision about recall has been taken. Effect of qualification certificate may be suspended by relevant executive power body which carries out customs business in the Azerbaijan Republic for a term of up to two months. Specialist in customs clearing might be deprived of qualification certificate by decision of the law court. Repeated application about issuance of qualification certificate may be considered after six months from the day of its annulment, recall or decision about its invalidity, provided that causes of such acts are eliminated or after expire of term specified by the law court. Article 160. Fees for issuance of license, qualification certificate and their re-activation
    Rate of fees for license on implementation of activity as customs broker, qualification certificate of specialist in customs clearing, and also for re-activation of the license is established by relevant executive power body of the Azerbaijan Republic. On annulment, recall or suspension of the license on implementation of activity as customs broker, annulment, recall, decision about invalidity, suspension or decision of the law court to deprive the specialist in customs clearing of qualification certificate, fee for issuance of license, qualification certificate and their re-activation shall not be reimbursed. Article 161. Customs broker and his (its) personnel and information received from represented person
    Information received by customs broker and his (its) personnel from represented person for customs purposes shall not be used for other purposes. Information constituting banking, commercial or other secret which has been received by customs broker and his (its) personnel from represented person for customs purposes shall not be used for their own purposes, be disclosed to the third parties except cases envisaged by legislative acts of the Azerbaijan Republic.

    Chapter 25. Customs carrier

    Article 162. Activity of customs carrier
    Enterprises - legal entities which have been established in accordance with legislation of the Azerbaijan Republic and obtained license of the executive power body carrying out customs business in the Azerbaijan Republic may act as customs carriers. Customs carrier carries out its activity in line with this Code and regulations approved by the executive power body of the Azerbaijan Republic carrying out customs business in the Azerbaijan Republic. Relationship of customs carrier with represented person are based on the certified agreement. Article 163. License allowing to act as customs carrier
    The following requirements should be met to obtain a license authorising to carry out activity of customs carrier:
    1. to own means of transportation duly equipped, in compliance with requirements of the executive power body carrying out customs business in the Azerbaijan Republic and in accordance with legislation of the Azerbaijan Republic on customs activity;
    2. to conclude insurance contract on occupancy, sum of insurance being not less than 1000-fold minimum wages;
    3. to own or to rent for a period of at least three years sufficient number of acceptable means of transportation and to provide arrival of at least one means of transportation to a place of customs clearing in the area of activity of customs body of the Azerbaijan Republic.
    Executive power body of the Azerbaijan Republic carrying out customs business in the Azerbaijan Republic issues license for implementation of activity of customs carrier and establishes term of its validity. License for implementation of activity as a customs carrier may be annulled, recalled or suspended by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. License is annulled in accordance with legislation of the Azerbaijan Republic if it was issued based on untrue information, or against established regulations. License is recalled in the following cases:
    1. use of means of transportation which are not equipped as required, including if transportation fee does not conform to average cost of rendered service; repeated non-implementation of obligations of customs carrier including unjustified refusals to transport commodities and accompanying documents;
    2. repeated infringement of the law specified in this Code;
    3. significant harm done to shipper of commodities and accompanying documents, including illegal use of information which constitutes commercial or other secret.
    Recall is valid from the day when decision about such recall is taken. Executive power body of the Azerbaijan Republic carrying out customs business in the Azerbaijan Republic may suspend force of the license for a term of up to three months if customs carrier abuses its rights. Application about issuance of new license (renewal) may be considered after one year from the day when decision about annulment or recall of license has been taken, provided that causes of such annulment or recall are eliminated. Rate of fees for a license on implementation of activity as customs carrier, and also for its renewal is established by the executive power body carrying out customs business in the Azerbaijan Republic. On annulment, recall or suspension of the license fee for issuance of license and its renewal shall not be reimbursed. Article 164. Registration of customs carriers and relevant information
    Customs body of the Azerbaijan Republic carries out registration of customs carriers whose intention is to implement such functions in the sphere of activity of this customs body of the Azerbaijan Republic and possessing required potential. Registration is done based on application of customs carrier. Said customs body of the Azerbaijan Republic publishes list of registered customs carriers. Article 165. Customs carriers and information received from the shipper of commodities and accompanying documents
    Information received from the shipper of commodities and accompanying documents, which constitutes banking, commercial or other secret protected by law, should not be disclosed, used by the customs carrier and its personnel for their own purposes, passed to the third parties except cases envisaged by legislative acts of the Azerbaijan Republic.

    Chapter 26. Declaring (entry)

    Article 166. Declaring of commodities, means of transportation and its forms
    Commodities and means of transportation being transferred through the customs border of the Azerbaijan Republic, commodities and means of transportation with variable customs conditions and also other commodities and means of transportation in cases specified by acts of legislation of the Azerbaijan Republic should be declared (entered) at the customs body of the Azerbaijan Republic. Entry of commodities is done by way of statement in an established form (written, oral, E-mail or otherwise) with exact data on commodities and means of transportation, their customs regulations and other information required for customs purposes. Form and procedure of entry and also list of data required for customs purposes are defined by the executive power body of the Azerbaijan Republic carrying out customs business in the Azerbaijan Republic. Article 167. Place of declaring
    Commodities are declared at the customs body of the Azerbaijan Republic where customs clearing is done. Means of transportation carrying commodities are declared simultaneously with commodities, except cases envisaged in the third paragraph of this article. Sea, river and air vessels are declared in the port or airport of destination at the customs territory of the Azerbaijan Republic, or in the port or airport of departure from the customs territory of the Azerbaijan Republic. Empty means of transportation and those transporting passengers are declared when crossing the border of the Azerbaijan Republic. Article 168. Term of presentation of customs declaration
    Customs declaration is presented within the term specified by the executive power body of the Azerbaijan Republic carrying out customs business in the Azerbaijan Republic. This term should not exceed 10 days from the date of declaration of commodities and means of transportation which carry commodities at the customs body of the Azerbaijan Republic. When physical persons take commodities through the customs border of the Azerbaijan Republic, with purposes other than commercial, as a hand luggage and accompanied luggage, customs declaration is presented simultaneously with commodities. Empty means of transportation and means of transportation with passengers entering customs territory of the Azerbaijan Republic and leaving said territory should be declared within a term specified by legislative acts of the Azerbaijan Republic. This term might be extended in an order specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. Article 169. Declaring person
    Person which transfers commodities and means of transportation or customs broker may be declaring person. Declaring person fulfils all obligations and bears full responsibility, as specified in this Code, irrespective of the fact whether he (it) is the person transferring commodities and means of transportation through the customs border of the Azerbaijan Republic, or customs broker. Article 170. Obligations and rights of declaring person
    When declaring commodities and means of transportation declaring person must:
    • declare commodities and means of transportation in an order specified in this Code;
    • at request of the customs authorities of the Azerbaijan Republic submit commodities and means of transportation;
    • present to the customs authorities of the Azerbaijan Republic documents and additional information required for customs purposes;
    • pay customs charges;
    • assist customs authorities of the Azerbaijan Republic in implementation of customs clearing, including any handling operations, etc.
    Apart from other rights envisaged by this Code, before the customs declaration is submitted, declaring person has the right to inspect and to measure commodities and means of transportation, and also, with permit of customs authorities of the Azerbaijan Republic, to take samples and specimens of commodities. Article 171. Documents and additional information required for customs purposes
    Customs declaration presented to customs authorities of the Azerbaijan Republic should be accompanied by other documents required for customs purposes. Customs authorities of the Azerbaijan Republic have the right to check data contained in customs declaration and presented documents, to request other additional information with customs purposes. List of said documents and additional data is specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. Customs authorities of the Azerbaijan Republic have the right not to accept customs declaration and if some documents and data are lacking, to establish term for their presentation. With permit of customs authorities of the Azerbaijan Republic customs documents may be presented in a foreign language known to the executive of customs body of the Azerbaijan Republic. Article 172. Acceptance of customs declaration
    Presented customs declaration is accepted by customs authorities of the Azerbaijan Republic. This procedure is specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. From the moment of acceptance of customs declaration it becomes legal document witnessing specific facts. Customs authorities of the Azerbaijan Republic have no right to refuse in acceptance of declaration. Article 173. Changes, amendments and withdrawal of customs declaration
    With the permit of customs body of the Azerbaijan Republic, data given in customs declaration may be changed, amended, and submitted customs declaration itself - may be withdrawn. Change, amendment and withdrawal might be done before the check of customs declaration and beginning of customs inspection of commodities and means of transportation, and also verification by the customs authorities of the Azerbaijan Republic whether data specified in declaration are true. Changes or amendments of customs declaration will neither broaden, no restrict sphere of its application. Executives of customs bodies of the Azerbaijan Republic have no right, at their own initiative, on behalf or by request of persons, to fill in customs declaration, to change or to amend data specified in customs declaration, except those which pertain to the competence of customs bodies of the Azerbaijan Republic. Article 174. Temporary or incomplete customs declaration
    If declaring person, due to specific reasons cannot present complete customs declaration, customs bodies of the Azerbaijan Republic are authorised to permit presentation of temporary or incomplete customs declaration. Whereas temporary or incomplete customs declaration must include major information required for customs purposes, and missing data should submitted within a term established by customs authorities of the Azerbaijan Republic, in an order specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. Article 175. Periodic customs declaration
    In case of regular transfers of similar commodities and means of transportation by one and the same person, customs bodies of the Azerbaijan Republic may permit presentation of one periodic customs declaration on all commodities and means of transportation being transferred through the customs border of the Azerbaijan Republic within the specified term. Cases and procedure of presentation of periodic customs declaration are specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. Article 176. Simplified procedure of declaring commodities and means of transportation
    Executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic has the right to establish simplified procedure of declaring commodities and means of transportation.


    Section V Customs control


    Chapter 27. General

    Article 177. Implementation of customs control and its forms
    Customs control is carried out by executives of customs bodies of the Azerbaijan Republic in the following forms:
    • checking documents and data required for customs purposes;
    • customs inspection (inspection of commodities and means of transportation, personal inspection as an exceptional form of customs control);
    • accounting (registration of commodities and means of transportation);
    • oral questioning physical persons and executives;
    • check of the system of accountancy and reporting;
    • inspection of territories and depots of warehouses of temporary storage, customs warehouses, free warehouses, free customs zones, duty-free shops and other places with commodities and means of transportation which are subject to customs control, or where activity liable to customs control is implemented;
    • other forms envisaged in this Code and other legislative acts of the Azerbaijan Republic on customs, or forms which do not contradict legislative acts of the Azerbaijan Republic.
    Technical means used for customs control should be safe for life and health of human beings, plants and animals, and must not cause damage to commodities and means of transportation. Procedure of customs control is defined by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. When carrying out customs control, illegal harm to persons, their commodities and means of transportation should not be caused. Customs bodies of the Azerbaijan Republic and their executives guilty in illegal harm shall bear responsibility in accordance with legislation. Damage caused by righteous actions of executives of customs bodies of the Azerbaijan Republic will not be reimbursed. Article 178. Zones of customs control
    Along the customs border of the Azerbaijan Republic, in places of customs clearing, location of customs bodies of the Azerbaijan Republic and in other places as specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic zones of customs control are established and regulations procedures are identified, in accordance with legislation of the Azerbaijan Republic. Procedure of establishment and designation of zones of customs control is specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic. Implementation of productive and other commercial activity, transfer of commodities, means of transportation of legal entities and physical persons, including executives and other state bodies, through the borders of such zones and within their limits is carried out only by permit of customs authorities of the Azerbaijan Republic and under their control, except cases directly indicated in legislative acts of the Azerbaijan Republic. Article 179. Documents and data required for customs control
    Persons transporting commodities and means of transportation through the customs border of the Azerbaijan Republic or carrying out activity which is subject to control of customs authorities of the Azerbaijan Republic must submit of these authorities documents and data required for customs control. List of documents and data, and procedure of their presentation are specified by the executive power body of the Azerbaijan Republic which carries out customs business in the Azerbaijan Republic in compliance with this Code and other legislative acts of the Azerbaijan Republic. To carry out customs control, customs authorities of the Azerbaijan Republic have the right to receive from banks and other credit organisations information and references (statements) about operations and status of accounts of persons transporting commodities and means of transportation through the customs border of the Azerbaijan Republic, customs brokers or other persons carrying out activity which is subject to control of customs authorities of the Azerbaijan Republic. Other bodies of protection of public order of the Azerbaijan Republic, tax and other control bodies, at their own initiative or at request of customs authorities of the Azerbaijan Republic issue information required for customs control. Documents required for customs control should be kept by legal entities and physical persons at least three years. Article 180. Enlistment of specialists and experts for assistance in implementation of customs control
    Customs authorities of the Azerbaijan Republic have the right to enlist, in line with legislation of the Azerbaijan Republic, specialists from other bodies on protection of public order, control bodies, enterprises, organisations and companies, irrespective of form of property, subordinance, and experts for assistance in implementation of customs control. Specialists and experts working in state bodies, enterprises, companies and organisations enlisted to participation of customs control will be still getting average monthly wages at their permanent place of work. Costs of enlistment of specialists and experts, including travelling costs, accommodation, per diem and fee, if implemented work does not constitute part of responsibilities of specialists and experts employed permanently in state bodies, enterprises, companies and organisations will be reimbursed in line with legislation of the Azerbaijan Republic. Request of customs authorities of the Azerbaijan Republic about enlistment of specialist or expert for assistance in implementation of customs control. shall be considered by the head of state body, enterprise, company or organisation where said specialist or expert works. Article 181. Access of executives of customs bodies of the Azerbaijan Republic to the territory and premises for implementation of customs control
    With the purposes of customs control, executives of customs bodies of the Azerbaijan Republic have the right, based on their certificate of employment, of access to the territory and premises of any persons where there are commodities and means of transportation liable to such control, documents required for customs control, or places where activity within the competence of customs authorities of the Azerbaijan Republic takes place, except cases envisaged by legislative acts of the Azerbaijan Republic or international agreements of the Azerbaijan Republic. Article 182. Identification of commodities, means of transportation and premises and other places
    Means of transportation, premises and other places where there could be commodities and means of transportation which are subject to customs control, and also places where activity within the competence of customs authorities of the Azerbaijan Republic takes place, commodities and means of transportation under the customs control might be identified by customs authorities of the Azerbaijan Republic. Identification can be done by means of affixing seals, marking (figures and letters), identification codes, putting stamps and seals; taking samples and specimens, description of commodities and means of transportation, preparing drawings, scale sketches, photographs, illustrations, use of documents accompanying commodities and other identification means. Means of identification may be changed or destroyed only by customs authorities of the Azerbaijan Republic, or with their permit, except cases where there is real danger of destruction, irretrievable loss or damage to commodities and means of transportation. Customs authorities of the Azerbaijan Republic should be immediately notified about existence of such danger. Article 183. Inspection of financial-economic activity
    Whenever there are enough reasons to believe that legislation of the Azerbaijan Republic and international agreements of the Azerbaijan Republic which are under control of customs authorities of the Azerbaijan Republic are not observed or are not fully observed, customs body of the Azerbaijan Republic, within the limits of its authority, will have the right to apply to relevant executive power body with request about inspection of financial-economic activity of persons, taking commodities and means of transportation through the customs border of the Azerbaijan Republic, customs brokers and persons implementing activity which is subject to control by customs authorities of the Azerbaijan Republic. Article 184. Choosing forms of customs control
    As a rule, when carrying out customs control, customs bodies of the Azerbaijan Republic use those forms which are sufficient for observance of legislation of the Azerbaijan Republic on customs, other legislative acts of the Azerbaijan Republic and international agreements of the Azerbaijan Republic which fall under the competence of customs bodies of the Azerbaijan Republic. Non-use of other forms of customs control or exemption therefrom shall mean that persons are released from observance of provisions of this Code, other legislative acts of the Azerbaijan Republic and international agreements of the Azerbaijan Republic. Whenever necessary, customs authorities of the Azerbaijan Republic may use all forms of customs control mentioned in this Code, except cases specified in article 185. Article 185. Exemption from certain forms of customs control
    Exemption from certain forms of customs control is specified exclusively by this Code. Personal luggage of the President of the Azerbaijan Republic and members of his family travelling with him is exempted from customs inspection. Personal luggage of deputies of Milli Majlis of the Azerbaijan Republic and members of Cabinet of Ministers is exempted from customs inspection if said persons are crossing customs border of the Azerbaijan Republic when fulfilling their deputy or service functions. Exemption from customs inspection of foreign Navy vessels, military and military-transport air vessels and also military technique following their route is controlled by intergovernmental agreement. Exemption from certain forms of customs inspection in accordance with intergovernmental agreements of the Azerbaijan Republic is accomplished after ratification of said agreements. Article 186. Personal examination
    Personal examination, as an exceptional form of customs inspection might be applied by decision of the head of customs body of the Azerbaijan Republic if there are enough reasons to believe that physical person passing the customs border of the Azerbaijan Republic or being in a zone of customs control or transit zone of international airport is hiding and would not submit commodities, which violates legislation of the Azerbaijan Republic or international agreements of the Azerbaijan Republic, the latter being under the control of customs authorities of the Azerbaijan Republic. Before personal examination begins, officer of customs body of the Azerbaijan Republic must inform physical person about decision of head of customs body of the Azerbaijan Republic, or his deputy, to carry out personal examination, to advise said physical person about his rights and responsibilities during this examination and to offer to give out hidden commodities or items voluntarily. Personal examination is implemented by executives of the customs body of the Azerbaijan Republic of the same sex with the person being examined in a presence of two witnesses of same sex in closed room, of required sanitary-hygienic requirements. Access to this room of other physical persons and possibility of their presence during examination are ruled out. Examination of the body of person can be only done by medic. Protocol on personal examination is prepared in accordance with the form specified by the executive power body which carries out customs activity in the Azerbaijan Republic. Protocol is signed by the executive of the customs body of the Azerbaijan Republic who carried out personal examination, physical person who was examined, witnesses and when the body of the person was examined - also by medic. Physical person who had to undergo personal examination has the right to make a statement in the protocol.

    Chapter 28. Additional data on customs control over commodities and means of transportation being transferred through the customs border of the Azerbaijan Republic

    Article 187. Implementation of customs control over commodities and means of transportation
    All commodities and means of transportation being transferred through the customs border of the Azerbaijan Republic are subject to customs control, except cases envisaged in this Code. Handling and other operations with commodities and means of transportation, taking samples and specimens for accomplishment of customs control shall be done in accordance with articles 132 and 133 of this Code. Customs authorities of the Azerbaijan Republic have the right to stop and turn back mans of transportation, sea, river and air vessels which have left customs territory of the Azerbaijan Republic without permit of customs authorities of the Azerbaijan Republic, except foreign vessels and vessels being on the territory of other countries. Article 188. Time of staying under the customs control
    Commodities and means of transportation are under the customs control from the moment when it begins and till it is completed, in accordance with customs regulations. In case of import customs control begins from the moment of crossing of the customs border of the Azerbaijan Republic by commodities and means of transportation. In case of export customs control begins from the moment of acceptance of customs declaration. Customs control ends at the moment of issuance of commodities and means of transportation, if not specified otherwise in this Code. On issuance of commodities and means of transportation being exported outside the customs territory of the Azerbaijan Republic, customs control ends at the moment of crossing of the customs border of the Azerbaijan Republic by said commodities and means of transportation. Legal entities and physical persons must observe requirements about minimum term required for implementation of customs control. Said requirements are established by the executive power body which carries out customs activity in the Azerbaijan Republic. Damage done to legal entity and physical person as a result of failure to observe such requirements will not be reimbursed. Article 189. Customs control after the issuance of commodities and means of transportation
    Irrespective of issuance of commodities and means of transportation customs control over them may be carried out at any time, if there are sufficient reasons to assume violation of legislation of the Azerbaijan Republic or international agreements of the Azerbaijan Republic which are subject to control of customs authorities of the Azerbaijan Republic. In considered case customs authorities of the Azerbaijan Republic have the right to check existence of commodities and means of transportation, to carry on their repeated customs examination, to re-check data specified in customs declaration, to check documents and other information related to foreign-economic and subsequent commercial operations with these commodities. Said check might be done on places of staying of declaring person or any other person, which directly or indirectly are related to said operations, and have necessary documents. Where violations have been found, involved persons will be responsible in accordance with this Code. Article 190. Term of check of customs declaration, documents and examination of commodities and means of transportation
    Check of customs declaration, documents and examination of commodities and means of transportation are carried out by customs body of the Azerbaijan Republic within ten days from the moment of acceptance of customs declaration and respective documents, and as per commodities mentioned in article 131 of this Code - within three days. Where presentation of commodities and means of transportation is required, said terms are determined from the moment of such presentation. Said terms do not include time required for implementation of control over commodities and means of transportation by other state bodies. Article 191. Presence of declaring person, other persons having authority regarding commodities and means of transportation and their representatives during examination of commodities and means of transportation
    Declaring person, other persons having authority regarding commodities and means of transportation and their representatives have the right to be present during examination of commodities and means of transportation by their own initiative. At request of executives of the customs body of the Azerbaijan Republic said persons must be present during such examination and render necessary assistance to executives of the customs body. When there is no representative specially appointed by carrier, captain of the vessel, driver of vehicle or other physical person driving the vehicle shall be regarded as such. Customs body of the Azerbaijan Republic has the right to carry on examination of commodities and means of transportation in the absence of declaring person, other persons having authority with respect to commodities and means of transportation and their representatives in the following cases:
    • if said persons fail to appear on expire of ten days after the presentation of commodities and means of transportation;
    • where there is threat to state safety, public order, life and health of people, danger for animals and plants, environment, need to protect artistic, historical and archaeological wealth of the Azerbaijan people and other countries, and other urgent circumstances;
    • when sending commodities by international mail;
    • when commodities and means of transportation are left at customs territory of the Azerbaijan Republic in violation of customs regulations.
    Examination of commodities and means of transportation in said cases is carried out in the presence of persons disinterested in results of inspection. Article 192. Inventory of commodities and means of transportation being under the customs control
    Customs authorities of the Azerbaijan Republic have the right to make inventory of commodities and means of transportation being under the customs control at any time, and also inventory of commodities for which customs charges have not been paid or customs privileges have not been provided.


    Section VI Currency (exchange) control


    Chapter 29. Control over currency implemented by customs authorities of the Azerbaijan Republic

    Article 193. Implementation of control over currency by customs authorities of the Azerbaijan Republic
    One of the bodies carrying out control over currency in the Azerbaijan Republic is the executive power body which carries out customs business in the Azerbaijan Republic. Other customs bodies of the Azerbaijan Republic are agents of currency (exchange) control subordinate to the executive power body which carries out customs business in the Azerbaijan Republic. Customs bodies of the Azerbaijan Republic carry out control over currency (exchange) related to customs business, in compliance with legislation on currency (exchange) and this Code. Functions and authority of customs bodies of the Azerbaijan Republic mentioned in the second paragraph of this article when carrying out control over currency are defined by the executive power body which carries out customs business in the Azerbaijan Republic. Article 194. Authority of customs bodies of the Azerbaijan Republic in the sphere of currency (exchange) control
    Customs bodies of the Azerbaijan Republic carry out currency control over individual persons transferring through the customs border of the Azerbaijan Republic, except perimeters of free customs zones and free warehouses, national currency of the Azerbaijan Republic, securities in national currency of the Azerbaijan Republic and other currencies, currency values and also control over currency operations related to transfer of commodities and means of transportation through the customs border. Article 195. Responsibility for violation of law revealed during implementation of currency control by customs authorities of the Azerbaijan Republic
    When customs authorities of the Azerbaijan Republic in the course of implementation of currency control establish violations of legislation on currency (exchange) operations being at the same time violations of customs regulations, or violations preventing normal activity of customs authorities of the Azerbaijan Republic, involved persons shall be responsible in accordance with this Code
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