RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of December 18, 2018 No. 1028

About approval of regulations on licensing of activities of customs warehouse, free warehouse and duty-free shop

In pursuance of the Law of the Republic of Uzbekistan "About licensing of separate types of activity" and the Presidential decree of the Republic of Uzbekistan of April 12, 2018, for the purpose of further simplification of passing of the licensed procedures connected with implementation of activities of free warehouse, customs warehouse and duty-free shop, the Cabinet of Ministers decides No. UP-5414 "About Measures for Radical Enhancement of Activities of Bodies of the State Customs Service of the Republic of Uzbekistan":

1. Approve:

Regulations on licensing of activities of customs warehouse according to appendix No. 1;

Regulations on licensing of activities of free warehouse according to appendix No. 2;

Regulations on licensing of activities of duty-free shop according to appendix No. 3.

2. To the State Customs Committee of the Republic of Uzbekistan:

in three-months time from the date of the introduction of this resolution in force to study compliance of current licenses to conditions and requirements of this resolution. Following the results of studying to provide in accordance with the established procedure taking measures to suspension and/or cancellation of the licenses which are not meeting licensed conditions and the requirements;

in a month to approve structures and regulations on the corresponding commissions of experts on preparation of the conclusions for issue of licenses;

in a month together with the ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution.

3. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 4.

4. This resolution becomes effective after three months from the date of its official publication.

5. 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.

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of December 18, 2018 No. 1028

Regulations on licensing of activities of customs warehouse

Chapter 1. General provisions

1. This Provision determines procedure for licensing of activities of customs warehouse.

2. In this Provision the following basic concepts are used:

customs warehouse - specially equipped and designated place including the territory of rooms and (or) open areas and intended for storage of the goods which are under customs control. The customs warehouse can be the opened or closed type;

customs warehouse of open type - the customs warehouse available to use by any persons;

customs warehouse of the closed type - the customs warehouse intended for storage of goods of the licensee, except as specified, stipulated by the legislation. Except goods of the licensee on customs warehouse of the closed type goods of its structural divisions can be also located;

the license applicant - the legal entity - the resident of the Republic of Uzbekistan, filed in the licensing body petition for licensing for implementation of activities of customs warehouse;

the license - the permission issued by the licensing body (is right) on implementation of activities of customs warehouse in case of obligatory observance of licensed requirements and conditions;

the licensing body - central office of the State Customs Committee of the Republic of Uzbekistan;

the licensee - the legal entity - the resident of the Republic of Uzbekistan, having license for activities of customs warehouse, or the customs authority of the Republic of Uzbekistan which founded customs warehouse;

the territory directly adjacent to customs warehouse, - the territory located directly around customs warehouse and (or) on the site adjoining customs warehouse where loading (unloading) of goods on (c) the vehicles performing transportation of goods is made;

the storage bin - the part of the square of customs warehouse intended for storage of the goods placed on customs warehouse according to one cargo customs declaration or the goods declared to the room under other customs regime according to one cargo customs declaration (in case of release of goods from customs warehouse).

3. Bonded storage is not allowed:

the goods prohibited to import to the Republic of Uzbekistan and to export from the Republic of Uzbekistan, except for the goods withdrawn by customs authorities and placed on the customs warehouse founded by customs authorities;

the goods prohibited to turnover and realization in the territory of the Republic of Uzbekistan.

4. The goods used for ensuring normal functioning of customs warehouse (for example, cargo handling machinery, refrigeration equipment, the computer equipment, overalls, etc.), under the modes of customs warehouse and temporary storage are not located.

5. Making of production and other commercial operations with the goods which are stored under customs locks and the territory adjoining to it, is not allowed, except for the transactions provided by the corresponding customs regime.

6. The customs clearance of the goods which are stored under customs locks is performed according to the declared customs regimes according to the procedure, established by the legislation of the Republic of Uzbekistan for the corresponding customs regimes.

The actual export from customs warehouse of the goods declared under other customs regime which is not providing bonded storage shall be performed no later than three working days from the moment of registration of such goods according to the chosen customs regime.

7. The license is granted by the licensing body without restriction of term of its action to the license applicant in whose ownership there are warehouse territory, and also the storage and utility rooms assumed for use as customs warehouse provided that the license applicant, the territory and premises of customs warehouse conform to requirements and the this provision conditions.

8. The customs warehouses established by customs authorities of the Republic of Uzbekistan are customs warehouses of open type.

Receipt of the license is not required if the customs warehouse is established by customs authority. The procedure for organization of such customs warehouse and storage of goods in it is determined by the State Customs Committee of the Republic of Uzbekistan according to the requirements and conditions established by this Provision.

9. The license for activities of customs warehouse is granted by means of complex of the information systems "License".

10. Assignment of rights according to the license is forbidden to other persons.

Chapter 2. Licensed requirements and conditions

11. The territory of customs warehouse is the customs control zone.

The territory equipped for the parking of the vehicles transporting goods for time necessary for completion of the goods delivery under customs control shall adjoin to the territory of customs warehouse protected and designated according to the procedure, stipulated in Item the 20th this provision. The specified territory is also the customs control zone. The vehicles transporting the goods which are under customs control can drive to the specified customs control zone at any time.

The distance from transport hubs and thoroughfares on siding to customs warehouse shall make no more than 3 km.

12. Rooms and (or) the open areas, held for use as customs warehouse, shall be located, equipped and equipped so that the possibility of carrying out customs control concerning the stored goods and vehicles was provided, their safety also is excluded opportunity:

access to the territory of customs warehouse and to goods of the strangers (who are not warehouse workers and not having powers concerning goods);

receipts and withdrawals of goods in addition to customs control.

If customs warehouse is the part of the building or construction, that equipment and arrangement of sidings to it and the adjoining unloading platforms shall exclude access for strangers to the goods which are under customs control.

13. The area of the territory and premises of customs warehouse shall be allotted taking into account the conditions and requirements provided by this Provision.

14. Premises of customs warehouse shall:

be located in land buildings or constructions;

answer the technical, health, fire-proof and other requirements established by the legislation of the Republic of Uzbekistan;

to be equipped with the security and fire-proof alarm systems, and also the means of video surveillance established in the places determined by the licensing body and functioning in the round-the-clock mode, allowing to perform viewing of video information about the taken place events from the different parties within three months;

have the system and fire extinguishing means conforming to requirements of fire safety.

15. Perishable goods can be stored under customs locks in limits of term of preserving their qualities allowing to use such goods for designated purpose, but no more than the term established according to the chosen customs regime.

16. Goods which can do harm to other goods or require special storage conditions, shall be stored in warehouses or in the certain rooms which are part of customs warehouse and specially adapted for storage of such goods with observance of the mandatory requirements established by the legislation of the Republic of Uzbekistan.

17. The license applicant determines:

total area of the open area and (or) amount of rooms, held for use as customs warehouse;

territory directly adjacent to customs warehouse;

the nomenclature of the goods intended for bonded storage.

18. The licensee specially allocates and designates the storage bin.

Each storage bin shall contain the index with information on the stored goods including data about:

help number of the cargo customs declaration;

customs regime;

name of a consignee of goods;

name and goods quantity;

costs of goods;

storage duration of goods.

19. In the territory of the open area, held for use as customs warehouse, storage only is allowed:

forest products;

products from ferrous and non-ferrous metals;

containers;

vehicles;

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