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Electron Map of Customs Authority
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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:
- participate in development of customs policy of the customs authorities
in the Azerbaijan Republic and implementation of this policy;
- 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;
- within the limits of their competence provide economic security of
the Azerbaijan Republic;
- protect economic interests of the Azerbaijan Republic;
- use mechanism of customs control over trade-economic relations;
- withdraw customs duties, taxes and other customs charges;
- 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;
- provide observance of clearance procedures for commodities and transport
means through the customs border of the Azerbaijan Republic;
- 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;
- implement and improve customs control and customs clearance, create
conditions promoting turnover of commodities through the customs border
of the Azerbaijan Republic;
- keep customs statistics of foreign-economic activity and special customs
statistics of the Azerbaijan Republic;
- keep nomenclature of commodities in foreign-economic activity;
- assist in development of foreign-economic relations of enterprises,
companies, organisations and physical persons;
- 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;
- carry out currency control within the limits of their competence;
- 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;
- 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;
- 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;
- 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:
- 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;
- Azerbaijanian commodities - commodities
with the origin in the Azerbaijan Republic, or those issued into free circulation
on the territory of the Azerbaijan Republic;
- foreign commodities - commodities
other than those specified in paragraph 2 of this article, with the origin in
foreign countries;
- means of transportation - any facilities used for international
transportation of passengers and commodities, including containers and other
transport equipment;
- 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;
- legal entities - enterprises, companies
and organisations, directly or indirectly participating in implementation of
customs operations which have been registered as required by legislation;
-
physical persons - persons carrying out business activity without formation
of legal entity;
- 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
- foreign legal entities and physical
persons - entities and persons other than those specified in paragraph 8 of
this article;
- 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;
- declaring person (entity) - legal entity which declares, submits and presents
commodities and means of transportation for customs clearing;
- carrier -
person (entity) actually transferring commodities or responsible for the use
of means of transportation;
- 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;
-
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);
- conditional issuance - transfer of commodities or means
of transportation, related to obligations of a person (entity) on observance
of established restrictions, requirements or conditions;
- 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;
- 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;
- 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;
- 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;
- 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;
- taxes
- compulsory payments, withdrawn of these payments shall be done by customs
authorities of the Azerbaijan Republic.
- force majeure - extraordinary and
insurmountable in these conditions natural calamity (flood, earth-quake, landslide,
etc.) or public accident (military operations, etc.);
- 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;
- 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: - issuance
for free circulation;
- re-import;
- transit;
- customs warehouse;
- duty-free
shop;
- processing at the customs territory;
- processing under the customs
control;
- temporal import (export)
- free customs zone;
- free warehouse;
- processing outside the customs territory;
- export;
- re-export;
-
destruction;
- 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 : - customs authorities of the Azerbaijan Republic states
that products of processing are the result of processing of exported commodities;
- 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: - customs duty;
- value added
tax;
- excises;
- 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;
- charges for issuance of qualification certificate
to specialists on customs clearance and re-activation of such certificates;
- customs charges for customs clearance ;
- customs charges for storage of
commodities;
- customs charges for customs escort of commodities;
- payment
for advises and consulting;
- payment for taking preliminary decision;
-
fee for participation in customs auctions;
- 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: - to have a staff specialist on customs clearing, who has got qualification
certificate;
- to conclude agreement on occupancy insurance, sum of insurance
being not less than 10000-fold minimum wages according to legislation;
- have
all required facilities sufficient for implementation of activity of customs
broker;
- 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: - repeated non-implementation by the customs
broker of his obligations;
- repeated infringement of the law;
- significant
harm done to represented person by way of illegal use of information which presents
commercial secret, or is confidential;
- declaration of insolvency or bankruptcy
of customs broker;
- 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;
-
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: - repeatedly failed to fulfil its obligations with
respect to customs authorities of the Azerbaijan Republic;
- was found guilty
in forgery of documents, theft, bribery, and also repeated infringement of legislation
in relation with this Code;
- caused serious damage to represented person by
way of illegal use of commercial secrets and confidential information;
- violated
or failed to fulfil requirements of customs authorities of the Azerbaijan Republic;
- 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: - 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;
- to conclude insurance contract
on occupancy, sum of insurance being not less than 1000-fold minimum wages;
- 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: - 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;
- repeated infringement of the law specified in
this Code;
- 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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