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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA

of January 29, 2016 No. 41-N

About establishment of the Replacement procedure of products of conversion of goods outside customs area equivalent foreign goods

Accepted the Government of the Republic of Armenia on January 20, 2016

According to part 2 of article 204 of the Law of the Republic of Armenia "About customs regulation", the Government of the Republic of Armenia decides:

1. Establish the Replacement procedure of products of conversion of goods outside customs area foreign goods according to Appendix.

2. This Resolution becomes effective for the tenth day after its official publication.

Prime Minister of the Republic of Armenia

O. Abraamyan

Appendix

to the Order of the Government of the Republic of Armenia of January 20, 2016 No. 41-N

Replacement procedure of products of conversion of goods outside customs area foreign goods

1. This Procedure governs the relations connected with replacement of products of conversion of goods in case of application of customs procedure "Conversion outside customs area" with equivalent foreign goods if the compensated (paid) or non-paid (warranty) repair is considered actions for conversion.

2. The concepts established in Appendix to the Agreement of November 27, 2009 "About the Customs Code of the Customs Union" (further - the Code) and in the Law of the Republic of Armenia "About customs regulation", in this Procedure are used in the same sense.

3. Replacement of products of conversion with equivalent foreign products is performed with the permission of customs authority according to Item 1 of article 259 of the Code.

4. Permission to replacement of products of conversion of the goods exported on customs procedure "Conversion outside customs area", equivalent foreign goods (further - permission to replacement) can be issued by customs authority along with permission to conversion of goods outside the customs area provided by part 1 of article 202 of the Law of the Republic of Armenia "About customs regulation" (further - the Law) (further - permission to conversion), or after receipt of permission to conversion based on the statement of person who got (getting) permission to conversion for receipt of permission to replacement according to form No. 1.

5. The customs authority makes the decision on issue of permission to replacement if:

1) the description, quality and technical characteristic of products of conversion and equivalent foreign goods (brand, model, the trademark, country of source) match;

2) the possibility of replacement of products of conversion with equivalent foreign goods is provided by the service provision agreement on repair of goods of the Union, except for case, the stipulated in Item 7 presents About;

3) products of conversion are replaced according to the issued permission to conversion by the initial supplier of product of conversion or according to its order with the direct producer of product of conversion.

6. In case of need replacements of products of conversion with equivalent foreign goods, including for goods with the expired term of guarantee maintenance (except for case, the stipulated in Item 7 presents About), person who got (getting) permission to conversion for receipt of permission to replacement represents to the customs authority which issued (issuing) permission to conversion, permission to conversion of goods (in the presence of the permission to conversion issued according to the procedure, established by the Law of the Republic of Armenia) and the paper or certified by its digital signature or person authorized by it electronic statement for receipt of permission to replacement signed by it or person authorized by it, having put specified in the statement data and documents, proving the conditions specified in Item 5 of this Procedure.

7. If the conversion purpose - the non-paid (warranty) repair operating during warranty period, then replacement of products of conversion is allowed based on the statement of the customs applicant for receipt of permission to replacement if the supplier of product of conversion confirms replacement of defective goods with equivalent foreign goods and this replacement is provided by the agreement on delivery (purchase and sale) signed between the parties, or the guarantee provided by the supplier or combination of applicable foreign law, except as specified, when the civil legislation of the Republic of Armenia is applicable to the agreement signed between the parties. At the same time these goods before the end of customs procedure "Conversion outside customs area" are drawn up on customs procedure "Reimport". The provisions specified in this Item are not applied if in case of registration in case of commodity import on customs procedure "Leave for internal consumption" availability of the shortcoming (shortcomings) which was the reason of non-paid (warranty) repair of these goods was considered.

8. In the case specified in Item 7 of this Procedure, the customs applicant for the purpose of receipt of permission to replacement represents to customs authority the paper or certified by its digital signature or person authorized by it electronic statement for receipt of permission to replacement signed by it or person authorized by it, having attached the data and documents proving the conditions specified in Item 7 of this Procedure and the document confirming replacement with the supplier specified in the statement.

9. The customs authority which issued permission to conversion within 10 working days after day of registration in customs authority of the statement for receipt of permission to replacement makes the decision on issue of permission to replacement, having made corresponding changes to permission to conversion according to the procedure established by higher customs authority.

10. In case of filing of application along with the statement for receipt of permission to conversion or uses of the customs declaration on registration of goods of the Union on customs procedure "Conversion outside customs area" as the statement for receipt of permission to conversion customs authority makes the decision on issue of permission to replacement in terms, the stipulated in Clause 202 Laws on receipt of permission to replacement.

11. In case of decision making about simultaneous issue of permission to replacement and permissions to conversion the customs authority does mark in permission to conversion about permission to replacement.

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