of August 17, 2018 No. 673
About approval of the Regulations on procedure for deprivation of foreign haulers of right to use by regulations of the Customs convention on international delivery of loads using the book to the international road delivery in the territory of the Republic of Uzbekistan and renewal of such right
According to the Presidential decree of the Republic of Uzbekistan of April 12, 2018 No. UP-5414 "About Measures for Radical Enhancement of Activities of Bodies of the State Customs Service of the Republic of Uzbekistan" and for the purpose of enhancement of legal regulation of customs affairs within implementation of the Customs convention about international delivery of loads using the book of MDP (The convention MDP, 1975). The Cabinet of Ministers decides:
1. Approve Regulations on procedure for deprivation of foreign haulers of right to use by regulations of the Customs convention on international delivery of loads using the book of the international road delivery in the territory of the Republic of Uzbekistan and renewal of such right according to appendix.
2. This resolution becomes effective after three months from the date of its official publication.
3. To impose control of execution of this resolution on the deputy prime minister of the Republic of Uzbekistan N. S. Otazhonov and the chairman of the State Customs Committee of the Republic of Uzbekistan M. B. Azimov.
Prime Minister of the Republic of Uzbekistan
Abdullah Aripov
Appendix
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 17, 2018 No. 673
1. This Provision determines procedure for deprivation of foreign haulers (further - carrier) rights to use by regulations of the Customs convention on international delivery of loads using the book of the international road delivery of November 14, 1975 (further - the Convention) in the territory of the Republic of Uzbekistan and renewal of such right.
2. The State Customs Committee of the Republic of Uzbekistan (further - the State Customs Committee) keeps the register of the carriers deprived of the right or recovered in right to use by Convention provisions in the territory of the Republic of Uzbekistan in form according to appendix to this Provision.
3. The carrier can be deprived of right to use by Convention provisions in the territory of the Republic of Uzbekistan according to the decision of the State Customs Committee in cases:
a) non-executions of obligation on customs payment in connection with violation of the procedure of the international road delivery (further - MDP);
b) numerous violation of provisions of the Convention and (or) non-compliance with requirements of the customs legislation of the Republic of Uzbekistan which is expressed:
in illicit movement of goods through customs border of the Republic of Uzbekistan;
in nondelivery of the goods which are under customs control in the delivery location established by customs authority of the Republic of Uzbekistan or determined by the legislation of the Republic of Uzbekistan on customs area of the Republic of Uzbekistan, issue (transfer) of the goods which are under customs control without the permission of customs authority to other persons or their loss;
in use and (or) the order of goods concerning which permission of customs authority to departure of goods from customs area of the Republic of Uzbekistan is issued;
in not export from customs area of the Republic of Uzbekistan of vehicles of international delivery in the terms established by the Customs code of the Republic of Uzbekistan.
4. Territorial customs authorities in three-day time send to the State Customs Committee of the offer on deprivation of carrier of right to use by Convention provisions in the territory of the Republic of Uzbekistan:
in case of non-execution of obligation by carrier on customs payment in connection with violation of the MDP procedure after thirty calendar days from acceptance date customs authority of the decision on collection of customs payments;
after the introduction in legal force of the resolution on imposing of administrative punishment concerning carrier and (or) its authorized person or sentence on criminal case concerning the authorized person of carrier (further - judgments) if such judgments are not performed.
5. The decision on deprivation of carrier of right to use by Convention provisions in the territory of the Republic of Uzbekistan (further - the decision on deprivation of the right) is drawn up by letters of the State Customs Committee to territorial customs authorities, carrier, Executive council of MDP, Warranty consolidation and competent authority of the country in the territory of which this carrier is founded or has the permanent residence, based on the offers provided to the State Customs Committee by territorial customs authorities in cases, determined by Item 3 this provision.
6. Carriers can be recovered in right to use by Convention provisions in the territory of the Republic of Uzbekistan according to the decision of the State Customs Committee:
a) after elimination of the reasons which formed the basis for deprivation of such right in cases:
discharges of duty on customs payment or their penalties;
cancellations in accordance with the established procedure judgment on recognition of carrier or its authorized person guilty of violation of the customs legislation of the Republic of Uzbekistan;
execution of the resolution on involvement of carrier or its authorized person to the administrative responsibility;
b) in case of absence at it other violations of the customs legislation in connection with which it can be deprived of right to use by Convention provisions in the territory of the Republic of Uzbekistan in the cases specified in Item 3 this provision.
7. The decision on right to use recovery can be made by Convention provisions in the territory of the Republic of Uzbekistan (further - the decision on recovery of the right) in case of observance by carrier of the conditions determined by Item 6 of this provision.
The decision is made based on the application of carrier submitted to territorial customs authorities in writing in any form (further - the statement of carrier), with application of documents, the reasons confirming elimination which formed the basis for deprivation of carrier of such right.
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