RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of April 9, 2020 No. 210

About approval of Administrative regulations of rendering the state services in licensing of activities of customs warehouse, free warehouse and duty-free shop

According to the Law of the Republic of Uzbekistan "About licensing of separate types of activity" and the resolution of the President of the Republic of Uzbekistan of February 1, 2017 No. PP-2750 "About additional measures for enhancement of mechanisms of rendering the state services to subjects of entrepreneurship", and also for the purpose of further simplification of procedures of licensing of activities of customs warehouse, free warehouse and the DECIDES: Cabinet of Ministers duty-free shop

1. Approve:

Administrative regulations of rendering the state services in licensing of activities of customs warehouse according to appendix No. 1, providing rendering the state services in licensing of activities of customs warehouse, including submission of the questionnaire about licensing for implementation of activities of customs warehouse, consideration of the questionnaire and adoption following the results of the decision, control of observance of licensed requirements and conditions, suspension, cancellation of the license, cancellation of the license, procedure for maintaining the register of licenses, and also responsibility for non-compliance with licensed conditions and requirements;

Administrative regulations of rendering the state services in licensing of activities free warehouse according to appendix No. 2, providing rendering the state services in licensing of activities of free warehouse, including submission of the questionnaire about licensing for implementation of activities of free warehouse, consideration of the questionnaire and adoption following the results of the decision, control of observance of licensed requirements and conditions, suspension, cancellation of the license, cancellation of the license, procedure for maintaining the register of licenses, and also responsibility for non-compliance with licensed conditions and requirements;

Administrative regulations of rendering the state services in licensing of activities of duty-free shop according to appendix No. 3, providing rendering the state services in licensing of activities of duty-free shop, including submission of the questionnaire about licensing for implementation of activities of duty-free shop, consideration of the questionnaire and adoption following the results of the decision, control of observance of licensed requirements and conditions, suspension, cancellation of the license, cancellation of the license, procedure for maintaining the register of licenses, and also responsibility for non-compliance with licensed conditions and requirements.

2. Legal entities for receipt of the state services according to the administrative regulations approved by this resolution address through special electronic system or the Single portal of interactive state services of the Republic of Uzbekistan (further - EPIGU).

3. SUE Project Management Center of the Electronic Government and Digital Economy under the National agency of project management in case of the President of the Republic of Uzbekistan, and also to the Agency of the state services under the Ministry of Justice together with the State Customs Committee of the Republic of Uzbekistan in two-month time:

provide connection to EPIGU of the structures participating in rendering the state services;

implement procedure for observation through EPIGU of consideration of addresses of legal entities at each stage of rendering the state services.

4. To the State Customs Committee of the Republic of Uzbekistan to develop technical documents on implementation of the state services on EPIGU in a month and to bring in accordance with the established procedure on approval in SUE Project Management Center of the Electronic Government and Digital Economy under the National agency of project management in case of the President of the Republic of Uzbekistan.

5. Determine that heads of the state bodies and other organizations rendering the state services and also the Agencies of the state services under the Ministry of Justice of the Republic of Uzbekistan bear the personal responsibility for timely, full and high-quality implementation of the tasks provided by this resolution.

6. To the agency of the state services under the Ministry of Justice of the Republic of Uzbekistan:

establish constant control, including by means of EPIGU, behind observance by state bodies and other organizations of established procedure of rendering the state services;

apply in accordance with the established procedure administrative punishments to officials of state bodies and other organizations for violation of requirements of administrative regulations for rendering the state services approved by this resolution.

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

8. To the State Customs Committee of the Republic of Uzbekistan together with the interested ministries and departments to bring the regulatory legal acts adopted by them into accord with this resolution in a month.

9. To impose control of execution of this resolution on the chairman of the State Customs Committee of the Republic of Uzbekistan Azimov M. B. and the Minister of Justice of the Republic of Uzbekistan Davletov R. K.

Appendix № 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of April 9, 2020 No. 210

Administrative regulations of rendering the state services in licensing of activities of customs warehouse

Chapter 1. General provisions

1. These Regulations determine procedure for rendering the state services in licensing of activities of customs warehouse.

2. In these Regulations the following basic concepts are used:

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

the job seeker - legal person - the resident of the Republic of Uzbekistan, addressed to the licensing body with the questionnaire about licensing for implementation of activities of customs warehouse;

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

the licensing body - managements of Customs committee under the Ministry of Economics and finance of the Republic of Uzbekistan on the Republic of Karakalpakstan, areas and the city of Tashkent, the specialized customs Tashkent-AERO complex;

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

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

special electronic system - the information system "License" covering processes of interdepartmental electronic interaction of authorized bodies when licensing, and also carrying out monitoring of accomplishment of licensed requirements and conditions, which is open for physical persons and legal entities;

the questionnaire - the appeal of the legal entity to the licensing body concerning the licensed activities in the form of the statement.

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);

goods, turnover and which realization are prohibited in the territory of the Republic of Uzbekistan;

the property withdrawn by authorized state bodies and turned into the income of the state.

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

6. 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.

7. 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.

8. 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 goods declared under other customs regime which is not providing bonded storage are subject to export from customs warehouse no later than three working days from the moment of registration of such goods according to the chosen customs regime.

9. The license is granted by the licensing body without restriction of term of its action to the job seeker owning the warehouse territory (the rooms and (or) the open areas assumed for use as customs warehouse and also the customs control zone) provided that the job seeker, the territory, premises of customs warehouse, and also the customs control zone conform to requirements and conditions of these Regulations.

For several rooms and (or) the open areas belonging to one job seeker, being on one legal address and (or) in one customs control zone one license is granted.

10. 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 Customs committee under the Ministry of Economics and finance of the Republic of Uzbekistan according to the requirements and conditions established by these Regulations.

11. For implementation of activities of customs warehouse the standard (simple) license according to appendix No. 1 to these Regulations is drawn up.

12. Action of the license is counted from the date of licensing.

Storage of loads on commercial basis in case of use of the warehouses which do not have the license, except as specified stipulated by the legislation is not allowed. In such cases measures of legal impact, stipulated by the legislation are applied.

13. The following licenses are granted:

proceeding from the questionnaire of the job seeker according to the decision of the licensing body - the license by sight activities;

proceeding from the questionnaire of the job seeker changed in the cases provided by Chapter 5 of this provision - the changed license;

proceeding from the questionnaire of the job seeker renewed in the cases provided by Chapter 5 of these Regulations - the renewed license.

In each case established by this Item, the job seeker (or the licensee) specifies in the questionnaire of the data on accessory of rooms and (or) the open areas of customs warehouse based on the property right, the corporeal rights or lease.

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

Chapter 2. Licensed requirements and conditions

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

Shall adjoin to the territory of customs warehouse protected and designated according to the procedure, stipulated in Item 20 these Regulations, the territory equipped for the parking of the vehicles transporting goods, for time necessary for completion of the goods delivery, being under customs control. 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 railway and automobile transport hubs and thoroughfares on the siding having width, sufficient for movement of vehicles, to customs warehouse shall make no more than 3 km.

16. 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, to the customs control zone 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 or the open area, that arrangement of sidings to it and all adjoining territory shall exclude access for strangers to the goods which are under customs control.

17. Rooms and (or) the open areas of customs warehouse shall:

be located in land buildings or constructions;

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 all directions within three months;

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

18. The job seeker determines:

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

territory directly adjacent to customs warehouse;

the nomenclature of the goods intended for bonded storage.

At the same time the area of the territory of customs warehouse and rooms, and also the customs control zone shall be allotted taking into account the requirements and conditions provided by these Regulations.

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

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

registration number of the cargo customs declaration;

customs regime;

name of the consignee;

name and goods quantity;

costs of goods;

storage duration of goods.

20. The territory directly adjacent to customs warehouse and being the customs control zone, shall conform to the following requirements:

have continuous, the established barrier (continuous iron lattice or wall) on perimeter of all territory adjacent to customs warehouse, at least 2 m high is strong;

not have in the foreign structures and constructions which are not part of customs warehouse;

provide opportunity for maneuvering (the movement which is carried out with change of the direction for detour of obstacles - evolution, turn, turn, movement back, detour) heavy-load transport;

have direct adjunction to structure of customs warehouse from doorways;

have the designation "customs control zone" in the Uzbek, Russian and English languages established on all places of entrance (departure) and (or) departure (entrance), the check-points equipped with round the clock working system of recognition of the state registration plate of the vehicle and number of the rail vehicle with possibility of display of the received image within three months and online of their transfer to customs authorities;

to be equipped in such a way that placement of goods on customs warehouse and their carrying out from warehouse are performed only through the customs control zone.

21. The customs warehouse and the territory directly adjacent to customs warehouse which is the customs control zone shall be:

are continuous on general perimeter;

are enclosed around firmly with the established continuous barrier at least 2 m high and to have check-points in all places of entrance (entrance) and (or) departure (exit) with designation "customs warehouse" in the Uzbek, Russian and English languages.

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