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The document ceased to be valid since  April 21, 2016 according to the Resolution of the State Customs Committee of the Republic of Uzbekistan of February 29, 2016 No. 01-02/15-08

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Ministry of Justice

Republic of Uzbekistan

On April 8, 1999 No. 695

Approved Resolutions of the State Customs Committee of the Republic of Uzbekistan of March 10, 1999 No. 02-12/48

Regulations on customs regime of refusal for benefit of the state

(as amended on on November 4, 2008)

I. General provisions

1.1. This provision is developed according to Article 38 of the Customs code of the Republic of Uzbekistan.

Refusal for benefit of the state - the mode in case of which person refuses goods for benefit of the state without application to them customs duties, taxes and measures of economic policy.

1.2. Goods placement under customs regime of refusal for benefit of the state is allowed with the permission of customs authority.

1.3. The refusal of goods according to this Provision does not attract any expenses for the state.

1.4. The person which chose customs regime of refusal for benefit of the state, having no right to change the specified mode to another after receipt of permission of customs authority of the Republic of Uzbekistan on goods placement under customs regime of refusal for benefit of the state if other is not stipulated by the legislation.

1.5. Person who refused goods for benefit of the state incurs all expenses on their delivery to the place determined by customs authority.

II. Goods placement under customs regime of refusal for benefit of the state

2.1. Under customs regime of refusal for benefit of the state can be placed:

- the imported goods which actually crossed customs border of the Republic of Uzbekistan;

- the goods imported on customs area of the Republic of Uzbekistan and placed under other customs regime;

- exported goods concerning which the customs declaration is submitted or other action which is directly directed to realization of intention of person them to remove is made.

2.2. The room under customs regime of refusal for benefit of the state is not allowed:

- the goods prohibited to import to the Republic of Uzbekistan, to export from the Republic of Uzbekistan;

- the goods issued for free circulation in the territory of the Republic of Uzbekistan or according to customs regime of reimport;

2.3. The customs authority can refuse representation of permission to goods placement under customs regime of refusal for benefit of the state in cases:

- if goods placement under customs regime of refusal for benefit of the state can entail any expenses for the state;

- if the cost of goods cannot cover the expenses of customs authority connected with their realization;

- if sales opportunity of goods is limited to customs authorities;

- in other cases when at customs authority good reasons to believe are had that the refusal for benefit of the state can cause damage to interests of the state.

2.4. According to the statement of person moving goods, or the customs broker, goods can are placed under customs regime of refusal for benefit of the state.

Responsibility for legitimacy of the statement of customs regime of refusal for benefit of the state before any third parties is born by the customs applicant.

Customs authorities do not meet any property claims of the third parties for goods which the customs applicant abandoned for benefit of the state.

2.5. The decision on provision of permission to goods placement under customs regime of refusal for benefit of the state is made by the head of department of the State Customs Committee on the Republic of Karakalpakstan, areas, the city of Tashkent, specialized customs complex, or replacement his face.

2.6. The customs authority provides permission to goods placement under customs regime of refusal for benefit of the state on condition of availability of the certificate of conformity, the valuation report of the estimative organization, in necessary cases of passing veterinary, phytosanitary, ecological and other types of the state control concerning goods of the vehicles which are subject to certification or control of other state bodies.

At the same time the goods placed in customs regime of refusal for benefit of the state are considered on the off-balance account of customs authority according to accounting standards.

2.7. Customs authorities do not compensate to carrier, the warehouse keeper or other persons of any expenses connected with transportation, storage of goods, carrying out cargo and other operations with them to the room of these goods under customs regime of refusal for benefit of the state.

III. Customs clearance of the goods placed under customs regime of refusal for benefit of the state

3.1. The customs clearance of the goods placed under customs regime of refusal for benefit of the state is made in customs authority in which region of activities there are goods.

3.2. When placing goods under customs regime of refusal for benefit of the state, to customs authority the customs applicant submits the following documents:

- the cargo customs declaration completed according to the appendix N 1;

- the statement of person constituted according to the appendix N 2;

- the deed of conveyance of the goods placed under the customs regime of refusal for benefit of the state constituted according to the appendix N 3;

- the certificate - concerning the goods which are subject to obligatory certification;

- permissions of other state bodies if goods are subject to control of these bodies;

- freight and shipping documents on goods (delivery notes, bills of lading, specifications, invoices and. t. e);

- other documents necessary for production of customs clearance and carrying out customs control.

3.3. Submission to customs authority of the statement of person for goods placement under customs regime of refusal for benefit of the state, is not required concerning the goods which are pledge subject if the pledger declared in the pledge agreement goods placement, transferred in quality of pledge, under customs regime of refusal for benefit of the state. Such statement of the pledger expressed in the agreement is the application form, and the conclusion of the specified agreement is considered by customs authority as permission of this body to goods placement under customs regime of refusal for benefit of the state.

IV. Final provisions

4.1. At the time of representation to customs authorities of permission to goods placement under customs regime of refusal for benefit of the state the guarantee of bank issued for customs payment concerning these goods stops the action.

At the same moment mortgage legal relationship under the agreements of pledge providing customs payment stop if it is provided by the agreement of pledge.

4.2. When placing goods under customs regime of refusal for benefit of the state to the payer return:

- the sums granted on the deposit of customs authority as providing customs payment;

- the amounts of import customs duties and taxes paid when placing goods under customs regimes of conversion on customs area;

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