ORDER OF CUSTOMS SERVICE OF THE REPUBLIC OF MOLDOVA

of December 16, 2024 No. 484-O

About approval of Regulations about issue of permission to the owner to goods/representative to survey or sampling of the goods which are under customs supervision

According to h (5) Article 142 of the Customs code of the Republic of Moldova No. 95/2021 (Monitorul Oficial al Republicii Moldova, 2021, No. 219-225, to the Art. 238) with subsequent changes, I ORDER:

1. Approve Regulations about issue of permission to the owner to goods/representative to survey or sampling of the goods which are under customs supervision according to appendix to this order.

2. The Order of the CEO of Customs Service No. 442-O/2013 on approval of methodology on accomplishment of preliminary check before customs clearance registered in the Ministry of Justice at No. 942/2013 voids (Monitorul Oficial al Republicii Moldova, 2013, No. 212, the Art. 1444).

3. This order is subject to execution of Customs Service by territorial subdivisions.

4. To confer responsibility for execution of this order on chiefs of customs.

5. To impose control of execution of this order on Department of the income and customs control.

6. This order becomes effective from the date of its publication in Monitorul Oficial al Republicii Moldova.

Approved by the Order of Customs Service of the Republic of Moldova of December 16, 2024 , No. 484-O

Regulations about issue of permission to the owner to goods / representative to survey or sampling of the goods which are under customs supervision

Chapter I. General provisions

1. The regulations about issue of permission to the owner to goods/representative to survey or sampling of the goods which are under customs supervision (further - Regulations), regulate procedure for giving and consideration of requests by owners by goods/representatives for survey of goods and/or sampling of the goods which are under customs supervision, in particular, for the purpose of goods placement under customs regime, determination of tariff classification, customs value or the customs status.

2. For the purpose of the determination of tariff classification, customs value, the customs status or other data relating to implementation of customs formalities for the goods which are under customs supervision the owner goods/representative can at any time, except as specified, specified in Item 3 of Regulations to inspect goods (identification, calculation, weighing, measurement or other actions necessary for determination of quantity and quality characteristics of goods), and also to take their samples (samples) after receipt of permission from competent customs post within which action there are goods which are under customs supervision.

3. Permission is not provided:

3.1. if the customs post reported to person that it intends to inspect goods;

3.2. when the customs post considers that provision of permission will threaten proper application of measures of customs supervision.

Chapter II. Filing of application on permission, survey and adoption of the customs decision

4. The statement on permission to survey of the goods which are under customs supervision moves the owner goods/representative on customs post according to the sample provided in appendix No. 1 to Regulations.

5. The statement shall include:

5.1. motives of filing of application and the short description of the circumstances causing need of survey or sampling;

5.2. the description of the containing goods and their name, quantity and the location of goods, quantity and/or quality characteristics whom the applicant wishes to check, and the actions necessary for check of goods;

5.3. data concerning the vehicle into which the goods specified in the statement at the time of filing of application about permission were directly loaded, or if these goods were unloaded in warehouse of temporary storage or customs warehouse, or to other place determined or approved by Customs Service, this about the vehicle which delivered these goods to this place;

5.4. the list of the supporting documents accompanying the statement, and the enclosed electronic copies of these documents.

6. The application is submitted to working hours of customs post where there are goods (competent customs post), and in case of acceptance unique registration number is assigned to it.

7. The competent customs post for which the application is submitted accepts it within 2 hours from the moment of its giving.

8. By consideration of the submitted application the competent customs post estimates the circumstances and motives connected with check of the goods which are under customs supervision, and/or capture of their tests (samples), information containing in the submitted documents, method of check of goods for assessment of quality and quantity characteristics of the goods specified in the statement. If the competent customs post has no sufficient data for decision making concerning the statement, it can request provision of additional data.

9. The competent customs post after estimated actions for check of the goods chosen by the applicant, need of use of the equipment, proper conditions for check, other circumstances and in view of the customs formalities performed concerning goods or appoints implementation of customs formalities and possibility of supervision of check of goods, can change competent customs division which will consider the application, or specifies in permission the place appointed or approved by Customs Service, other, than where goods are in which there are corresponding conditions for conducting check of goods and/or sampling (samples).

10. If the competent customs post intends to make the adverse judgement, it gives to the applicant opportunity to provide explanations and/or the additional information according to Art. 15 of h (8) the Customs code No. 95/2021.

11. After the competent customs post determined that the statement of the applicant corresponds to the conditions and criteria necessary for adoption of the favorable decision, and can be satisfied, and also taking into account the customs formalities appointed to implementation, actions for check of the chosen goods and others of circumstances, can appoint the customs employee who will realize customs supervision of this survey or sampling.

12. The customs employee shall be appointed if customs seals or equivalent seals be removed and/or samples (samples) of goods are taken and/or goods are transported to the place other than the place specified or approved by Customs Service.

Chapter III. Provision of permission and customs supervision of carrying out research of goods and/or sampling

13. The decision on provision (failure to provide) of permission is confirmed by the head of competent customs post or his / her deputy, and in their absence the customs employee appointed to accomplishment of these powers.

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