ORDER OF THE STATE CUSTOMS COMMITTEE OF THE AZERBAIJAN REPUBLIC

of April 12, 2001 No. 025

About approval of the Regulations on customs regime of conversion of goods on customs area

1. Approve "Regulations on customs regime of conversion of goods on customs area" it (is applied).

2. To provide "Regulations on customs regime of conversion of goods on customs area" to the Ministry of Justice of the Azerbaijan Republic for registration as regulatory legal act.

3. This Provision becomes effective from the date of registration in the Ministry of Justice of the Azerbaijan Republic.

4. (R. Zalov) after registration of the Provision in the Ministry of Justice of the Azerbaijan Republic to provide to administration mailing it in customs authorities.

5. To impose control over execution of the order on the First Deputy Chairman of Committee A. Aliyev.

 

Chairman of committee

Kyamalledin Geydarov

It is approved Ministry of Economics Azerbaijan Republic 28.02.2001.

Approved by the Order of the State Customs Committee of April 12, 2001 No. 025

Regulations on customs regime of conversion of goods on customs area

1. General provisions

This Provision is constituted and prepared according to provisions of Chapter 9 of the Customs code.

1.1. Content of the mode

Conversion of goods on customs area - customs regime in case of which foreign goods are used in accordance with the established procedure for conversion on customs area of the Azerbaijan Republic without application of measures of economic policy and with return of the amounts of import customs duties and taxes on condition of export according to customs regime of export of products of conversion out of limits of customs area of the Azerbaijan Republic.

1.2. Determinations and terms

In this Provision the main determinations in the following values are used:

a) object of conversion - goods for conversion and the used Azerbaijani goods which can be subjected to conversion;

b) production process - set of all actions of the people and instruments of labor necessary for production or repair of products;

c) engineering procedure - the part of production process containing purposeful impacts on change and the subsequent determination of condition of object of conversion;

d) the Azerbaijani goods - the goods coming from the Azerbaijan Republic or the goods issued in free circulation on customs area of the Azerbaijan Republic;

e) foreign goods - the goods which are not provided by the subitem "g" of this Item;

e) products - the goods which are completely made from objects of conversion (goods for conversion, initial raw materials, materials, semifinished products and the Azerbaijani goods) on the used production process for the purposes of export according to customs regime of export;

g) production wastes - the goods (materials, substances, products, etc.) which are inevitably formed in production process of products and not finding applications for the applicant;

h) remaining balance - the rest of the goods for conversion imported on customs area of the Azerbaijan Republic for conversion which was not used for production of products and classified under the Commodity nomenclature of external economic activity of the Commonwealth of Independent States (the Commodity Nomenclature of Foreign Economic Activity of the CIS) in the same 9-unit goods item, as goods for conversion;

i) losses of production - the materials, substances, etc. which are formed or forever losing as a result of production process in case of production of products;

й) conversion products - the goods received as a result of conversion of the imported goods for conversion and the Azerbaijani goods used in this process and the products, and production wastes and losses of production including both;

j) quantity of exit of products of conversion in customs tselyakhkolichestvo of the products of conversion which are formed as a result of conversion of goods for conversion and the used Azerbaijani goods on the production process specified by the applicant of the mode;

k) the applicant - the Azerbaijani person which is person moving goods for conversion, the application submitting in customs authority on the use of customs regime of conversion on customs area which obtained the license for conversion on customs area and bearing responsibility for the correct and timely accomplishment of conditions of this mode and its completion;

l) the processor - the Azerbaijani person which is directly performing use of objects of conversion in production process on customs area of the Azerbaijan Republic;

o) measures of non-tariff regulation - the measures aimed at ensuring compliance with allowing procedure for movement of goods and vehicles on customs area of the Azerbaijan Republic.

1.3. Measures of non-tariff regulation according to the existing legal acts of the Azerbaijan Republic are applied to the foreign goods placed under customs regime of conversion on customs area and also to the conversion products placed under customs regime of export.

1.4. Under customs regime of conversion on customs area the foreign goods prohibited to import to the Azerbaijan Republic cannot be placed.

1.5. Under customs regime of conversion on customs area it cannot be placed electric, thermal and other types of energy, and also goods which products of conversion are electric, thermal and other types of energy as these goods cannot be identified.

1.6. For production of any unit of products the goods imported for the purposes of conversion shall be used and in addition to them the Azerbaijani goods can be used.

1.7. Production wastes are located under customs regimes of release for free circulation or export.

1.8. Remaining balance is subject to customs clearance and customs control according to the customs regimes provided by the existing customs legislation.

1.9. Losses of production always remain on customs area of the Azerbaijan Republic, the customs clearance them is not carried out, but are subject to customs control.

1.10. Conversion shall be made with observance of requirements of the legislation of the Azerbaijan Republic on protection of the surrounding environment.

1.11. The goods marked by excise stamps and special brands are not subject to the room under customs regime of conversion on customs area.

In exceptional cases rooms of such goods under customs regime of conversion on customs area excise stamps and special brands shall be damaged to exclude their reuse, and the damaged brands are subject to delivery to the customs authority which issued these brands.

1.12. The responsibility for violation of procedure for conversion of objects of conversion, illegal transactions with the goods placed under customs regime of conversion on customs area, non-compliance with conditions of use of this customs regime including customs payment, are born by the applicant.

2. Transactions on conversion of goods

2.1. Transactions on conversion of goods include:

actually conversion and processing of objects of conversion.

Distinctive sign of this transaction - loss of individual nature of goods for conversion and the used Azerbaijani goods and preserving this feature in products;

production of products, including installation, assembly (disassembly) and adjustment under other goods.

Distinctive sign of this transaction - preserving the main lines of goods for conversion and the used Azerbaijani goods in products;

repair of goods for conversion, including their recovery and arrangement.

Distinctive sign of transaction - recovery or replacement of the damaged or worn-out goods for conversion, elimination of defects according to the claim;

use of some goods which promote production of products of conversion or facilitate it even if these goods are fully or partially consumed in the course of conversion.

Distinctive sign of transaction - use of the foreign goods helping or facilitating production of products if these goods are fully or partially consumed in the course of conversion. Catalysts, gumboils, electrodes, additives can belong to such goods.

packaging, packing and sorting of goods;

receipt of issue, cultivation and fattening of animals, birds, fishes, Crustacea and mollusks;

cultivation of trees and plants;

mining;

fishing, Crustacea and mollusks;

hunting;

collection of mushrooms and plants;

ensuring safety of goods in initial condition in storage time or transportations;

preparation of goods for sale and transportation;

copying and reproduction of information, audio-and videos on any kinds of data carriers;

obtaining electric, thermal and other types of energy;

use of foreign goods as supportive applications in engineering procedure (for example, the equipment, machines, devices, etc.).

2.3. Application of transactions actually of conversion and processings, repair, including recovery and arrangement of the following goods is limited:

tires (tire) pneumatic rubber, recovered or used; tires continuous or semi-pneumatic, interchangeable tire protectors and obodny tapes, rubber with code according to the Commodity Nomenclature of Foreign Economic Activity of the CIS 4012;

insecticides, rodenticides, fungicides, herbicides, plant growth inhibitors and regulators of growth of plants, means disinfecting and similar it, packed up in forms or packagings for retail sale or presented in the form of ready medicines or products (for example, the tapes processed by sulfur, matches, candles, paper sticky from flies), with code according to the Commodity Nomenclature of Foreign Economic Activity of the CIS 3808;

radioactive waste - commodity codes according to the Commodity Nomenclature of Foreign Economic Activity of the CIS 2612, 2844, 2845, 8401.

Conditions of carrying out these transactions are determined by the State Customs Committee of the Azerbaijan Republic in coordination with the Ministry of Economic Development of the Azerbaijan Republic in each case.

3. Use of the Azerbaijani goods in case of conversion on customs area of the Azerbaijan Republic

3.1. In addition to goods for conversion in production process the Azerbaijani goods can be used.

At the same time use of the Azerbaijani goods in the quantities necessary for production of products, including the following goods is allowed: which can be applied during creation of arms and military equipment; materials and the equipment which have only peaceful purpose, but can be used during creation rocket, nuclear, chemical and other types of weapon of mass destruction (goods of "double application"); goods which export is performed according to the international obligations of the Azerbaijan Republic.

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