ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 28, 2006 No. 612

About Customs Service under the Government of the Republic of Tajikistan

According to article 12 of the Constitutional law of the Republic of Tajikistan "About the Government of the Republic of Tajikistan" and for the purpose of execution of the Presidential decree of the Republic of Tajikistan of November 30, 2006 No. 9 "About enhancement of structure of the central executive bodies of the Republic of Tajikistan", the Government of the Republic of Tajikistan decides:

1. Approve the Provision, Structure of Central office and the Scheme of management of Customs Service under the Government of the Republic of Tajikistan (appendices 1, 2, 3).

2. Establish the extreme number of staff of Customs Service under the Government of the Republic of Tajikistan in number of 1118 units (without service personnel), including the number of staff of central office of 175 units.

3. Permit Customs Service to have under the Government of the Republic of Tajikistan 3 deputy chief, including the one first deputy and board as a part of 7 people.

4. Establish for Customs Service under the Government of the Republic of Tajikistan limit on content of office vehicles in number of 6 units (without special vehicles).

5. To the Ministry of Finance of the Republic of Tajikistan to perform financing of content of Customs Service under the Government of the Republic of Tajikistan for 2007 at the expense of the means provided for customs authorities of the former Ministry of state revenues and charges of the Republic of Tajikistan and other means stipulated by the legislation the Republic of Tajikistan for the corresponding year.

6. To Customs Service under the Government of the Republic of Tajikistan:

- bring the acts into accord with this resolution;

- provide offers on modification and amendments to normative legal acts of the Republic of Tajikistan following from this resolution.

Appendix 1

Approved by the Order of the Government of the Republic of Tajikistan of December 28, 2006 No. 612

Regulations on Customs Service under the Government of the Republic of Tajikistan

1. General provisions

1. The Customs Service under the Government of the Republic of Tajikistan (further Service) is law enforcement, executive authorized body of the government, provides direct realization in the customs purposes of tasks in the field of customs affairs according to the legislation of the Republic of Tajikistan.

2. The common directorship of activities by Service is performed by the Government of the Republic of Tajikistan.

3. The service in the activities is guided by the Constitution of the Republic of Tajikistan, the constitutional laws, the laws of the Republic of Tajikistan, decrees and orders of the President of the Republic of Tajikistan, resolutions and orders of the Government of the Republic of Tajikistan, the international legal acts recognized by the Republic of Tajikistan, and also this Provision.

4. The service and its subordinated bodies form single system of customs authorities of the Republic of Tajikistan.

5. The service performs the activities directly and in interaction with other executive bodies.

II. Powers

6. The service performs the following powers in the sphere of customs affairs:

- provides within the competence sovereignty, homeland and economic safety of the Republic of Tajikistan, and also measure for protection of life and health of the person, environmental protection;

- provides observance customs and other legal acts of the Republic of Tajikistan which control over execution is imposed on customs authorities of the Republic of Tajikistan;

- provides realization of policy in the field of customs affairs;

- provides unity of customs area of the Republic of Tajikistan within the competence;

- performs customs administration according to the legislation of the Republic of Tajikistan;

- analyzes and generalizes practice of application of the customs legislation in the Republic of Tajikistan and the foreign states, and also makes suggestions for improvement of the customs legislation;

- performs the international customs cooperation and provides accomplishment of the international obligations of the Republic of Tajikistan concerning customs affairs;

- in accordance with the established procedure interacts with public authorities of foreign states and the international organizations for customs affairs;

- provides timely and objective consideration of claims to decisions, wrongful acts or failure to act of customs authorities and their officials;

- provides protection of the rights and interests of participants of the foreign economic and other activity in the sphere of customs affairs;

- provides protection of the data which are state and other secret protected by the law within the competence;

- performs customs clearance and customs control of the goods and vehicles moved through customs border of the Republic of Tajikistan, including excise goods;

- provides timely and complete entering into the government budget of customs duties, taxes, and also charges which collection is assigned to customs authorities of the Republic of Tajikistan;

- develops material and technical resources of customs authorities, including by implementation of customs information technologies for the purpose of simplification and enhancement of customs procedures, and also provides functioning of system of customs technical means;

- performs independently and in interaction with other law enforcement agencies control over observance of the mode of the customs control zone, the organization of system of protection of objects of customs infrastructure, and also performs with bodies of homeland security of measure for protection of Frontier and customs border of the Republic of Tajikistan;

- performs maintaining the Commodity nomenclature of foreign economic activity;

- performs maintaining customs statistics of foreign trade and special customs statistics;

- provides public authorities with data on foreign trade statistics, the collected customs duties, taxes and fees, and also customs preferences and privileges;

- will organize the control system over correctness determination of customs value of goods;

- carries out information and explanatory and advisory work in the sphere of customs affairs;

- provides observance of prohibitions and the restrictions in foreign trade set by the legislation of the Republic of Tajikistan concerning the goods and vehicles moved through customs border of the Republic of Tajikistan;

- holds events for the prevention, identification and suppression of offenses in the sphere of customs affairs;

- performs operational search activities, fight against smuggling and other crimes in the sphere of customs affairs;

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