ORDER OF CUSTOMS SERVICE OF THE REPUBLIC OF MOLDOVA

of December 24, 2009 No. 346-O

About approval of Technical rules about procedure for seal, use and filling of the customs declaration

In pursuance of provisions of Articles 174 and 187 of the Customs code of the Republic of Moldova, and also for the purpose of streamlining of filling of the customs declaration taking into account requirements of international standards I ORDER:

1. Approve "Technical rules of seal, use and filling of the customs declaration" (according to appendix No. 1).

2. Approve customs declaration forms (the main leaf and additional leaf), according to appendices No. 2-7.

3. The forms of customs declarations which are available in remaining balance at the time of the publication of this order shall be used for declaring of the corresponding transactions to their complete expense.

4. Repeal orders of Customs Service No. 199-O of October 29, 2004 about approval of Technical rules about procedure for seal, use and filling of the customs declaration (The official monitor of the Republic of Moldova No. 226-232/482 of 10:12. 2004) and No. 438-O of November 19, 2007 about approval of Technical rules about procedure for seal, use and filling of the customs declaration (The official monitor of the Republic of Moldova No. 184-187/681 from 30.11.2007).

5. To assign accomplishment of this order to chiefs of customs.

6. Control over accomplishment of this order is exercised by General management of information flows and customs statistics and General management of customs procedures.

7. This order becomes effective since 01.01.2010.

Appendix №1

to the Order of Customs Service of the Republic of Moldova of December 24, 2009 No. 346-O

Technical rules about procedure for seal, use and filling of the customs declaration

Section I. The instruction about procedure for seal of the customs declaration form

1. The seal of the standard customs declaration forms having the special mode can be performed by typographies by request of Customs Service.

2. Customs declaration forms are printed and used in sets of copies of the corresponding customs procedures.

3. The format of forms constitutes 210/297 mm with admissible error in relation to length and width in minus no more than 5 mm and in plus no more than 8 mm. The sizes of columns correspond to unit of measure, having as size the one tenth part of inch across and the one sixth part of inch down. For subsections of columns the one tenth part of inch is used as unit of measure across.

4. (1) Blanca are printed on the self-copied paper which is stuck together at root. One set of forms includes all copies of the customs declaration which are stuck together at root necessary for one customs procedure. Property of self-copying implies possibility of copying of some data completed on one copy of the customs declaration on subsequent or the subsequent copies of one set of the corresponding customs procedure, excepting direct impact on each copy.

(2) Property of self-copying of paper is active for certain fields of the customs declaration and is neutralized for other fields; neutralization of property of self-copying assumes impossibility of automatic data transfer, written down in some field or the graph of one copy of the customs declaration, on other copy of the set which is under it.

(3) One field is strictly determined by one or several graphs of the customs declaration, the general characteristics of information containing in it grouped in the principle.

(4) Identification of fields, and also activation or neutralization of property of self-copying of paper is performed according to data of the table of appendix No. 1 to these rules and instructions for interpretation of these rules.

5. The paper intended for printing of forms shall conform to the following requirements:

a) have weight at least 40 g/m / 2;

b) be opaque in order that the indicators appearing on one party did not stir legibility of the indications which are available on other party;

c) be rather strong, in order to avoid ease of gap or smyatiya of forms;

d) ensure safety of the written-down data for the term of at least 5 years from the date of filling, except cases when according to the legislation, longer term for document storage is provided;

e) shall be white color, however graphs No. 1 (except for the central subsection) 2, 3, 4, 5, 6, 8, 15, 17, 18, 19, 21, 25, 27, 31, 32, 33 (the first subsection located at the left), 35, 38, 40, 44, 50, 51, 52, 53, 55 both 56 copies No. 1, of 4, 5 and 7, have light green background.

6. On all copies of customs declarations of frame and the name of columns, shall be printed in green color.

On the right side, down, copies of the customs declaration have continuous or/and dash line of different flowers, such as:

- 1 copy: continuous line of red color;

- 2nd copy: continuous line of green color;

- 3rd copy: continuous line of yellow color;

- 4th copy: continuous line of blue color;

- 5th copy: dash line of blue color;

- 6th copy: dash line of red color;

- 7th copy: dash line of green color;

- 8th copy: dash line of yellow color;

- 1/6 copy: the continuous line from the inside of the form and dash line from outer side, both red colors;

- 2/7 copy: the continuous line from the inside of the form and dash line from outer side, both green colors;

- 3/8 copy: the continuous line from the inside of the form and dash line from outer side, both yellow colors;

- 4/5 copy: the continuous line from the inside of the form and dash line from outer side, both blue colors.

The continuous line has thickness about 3 mm, and the dash line consists of squares which length of the parties of 3 mm and which are located at distance of 3 mm from each other.

7. In forms there shall be information concerning the name and the address of person making seal.

The storage duration of the written-down data according to the item 5, of d) these rules also shall appear in forms.

Section II. The instruction about procedure for use of the customs declaration

8. In case of application of these rules the following is meant:

a) the customs declaration - the unilateral act in which person expresses in the forms and methods provided by the customs legislation, desire to place goods under certain customs procedure. The customs declaration represents set of the copies corresponding to each customs procedure and which includes the main leaf of the customs declaration and, occasionally, the additional sheet(s) of the customs declaration;

b) the main leaf of the customs declaration - the copies of the customs declaration used for declaration of goods, classified under one product code;

c) additional leaf of the customs declaration - the copies of the customs declaration used together with the main customs declaration for declaration of goods which are classified under different product codes or which despite identical classification, after all have the different characteristics concerning feature of goods origin and determining different preferences;

d) customs procedure - transaction of goods placement and vehicles under certain customs appointment, as well as other transactions with goods under customs control (including the procedure of transfer within customs appointment, the procedure of completion of customs appointment, etc.) which differ, proceeding from the customs legislation.

In case of import or commodity exportation in/from the country by physical persons, the Customs Service can decide in reasonable cases that they are subject of the customs declaration.

9. The customs declaration does not move for:

a) the goods imported or exported by legal entities in non-commercial purposes which internal cost does not exceed 100 euros;

b) the goods imported or the subjects of entrepreneurship exported from the country by physical persons, except for when in case of customs clearance of goods other form is used;

c) legal means of payment, securities and shares;

d) means of the urgent help in cases of catastrophic crashes and natural disasters;

e) the goods having the diplomatic or similar status, which:

- use diplomatic or consular immunity or similar immunity (diplomatic mail and consular bag);

- represent gifts for the head of the state or for members of the government or Parliament;

f) for goods which have confirmation that they are not subject of the commercial transaction:

- awards, differences and honourable awards, memorable badges and medals;

- equipment for travel, provisions and other products, including sports equipment, for private use or consumption which accompany precede or follow the traveler;

- the wedding dowry or wedding products, products connected with moving on other residence and family memoirs;

- coffins, funeral ballot boxes, gravestone ornaments and products on care of graves and gravestone monuments;

- printed promotional material, instructions for application, price lists and other ad publications;

- the pharmaceutical products used during the sports international events, except for the substances containing dope, steroids, the combined substances giving narcotic or hallucinogenic effect;

- the goods used in case of emergency measures on environmental protection or people;

g) the goods used as carriers for information transfer (information carriers) such as diskettes, magnetic tapes for computers, films, plans, audio and videotapes, CD ROM-y which exchange for the purpose of delivery of information and also which are amendment to the previous delivery, such as, updating of databases or programs for which the invoice is not written out;

i) the companions intended to start:

- when exporting or importing to the place of space launch;

- in case of space launch;

j) the goods constituting non-commercial transportations between residents of border zones (border trade); products received by agricultural producers on the private squares which are out of, but adjacent to the national territory on which the main activities, according to relevant provisions are performed.

10. The customs declaration consists, as a rule, of 8 consecutive copies, since 1 on 8. In cases of information processing the forms consisting of sets on four copies, everyone having dual purpose, respectively copies 1/6, 2/7, 3/8 and 4/5 are used.

11. Copies of the customs declaration can be used:

a) in complete set;

b) in crushed set.

The complete set is used only when the legislation allows, that for all stages of one complete transaction (sending goods from the country of departure, transit, commodity importation to the country of destination), all copies of the customs declaration necessary for this transaction, since sending were filled.

The crushed set is used when for each of stages of one complete transaction (departure of goods, transit, commodity importation) the separate sets of copies of customs declarations relating to each stage are represented.

12. Copies of the customs declaration have the following appointment:

a) the 1st copy is stored at customs where sending or export was drawn up;

b) the 2nd copy serves for collection of the statistical information concerning export transactions;

c) the 3rd copy is issued to the sender or the exporter after release;

d) the 4th copy accompanies the goods sent under the mode of transit and remains at customs of appointment;

e) the 5th copy accompanies the goods which are in the transit mode to customs of appointment then returns to customs of departure for confirmation of completion of the mode of transit;

f) the 6th copy is stored at customs where import was drawn up;

g) the 7th copy is intended for collection of statistical information on import;

h) the 8th copy is issued to the importer after release.

In legal cases in which copies of customs declarations are necessary either additional copies, or photocopies of the copy intended for the customs applicant can be used.

Copies of the 2nd and 7th customs declaration can be used also in other administrative purposes, such as, accounting of preferential transactions, the subsequent control, physical examination in other places located out of customs, etc.

13. In crushed set, depending on method of data processing of the customs declaration, the following sets of copies are used:

i) for declaration of goods by manual method which is allowed only for customs regime of transit - copies 1, 4 and 5 (according to appendices No. 2 and 3 to the Order of Customs Service No. 346-O of 24.12.2009);

ii) if declaration of goods is performed by information method, the following sets of copies of the main and additional customs declaration are used (according to appendices No. 4-7 to the Order of Customs Service No. 346-O of 24:12. 2009), having dual purpose:

a) for customs procedures - export, temporary export, re-export, import, temporary import, outward processing, conversion on customs area, temporary import, reimport, customs warehouse and free zone, conversion under customs control and other customs procedures - copies 1/6, 2/7 and 3/8;

b) for transit - copies 1/6, 4/5 and 4/5.

For transit both copies 4/5 accompany goods to customs of appointment which keeps one of copies 4/5 and confirms transaction completion with departure siding of other copy 4/5 in inspection department behind the goods delivery or, on circumstances, in the customs of departure which drew up transit.

The column of the form containing number of unused copy depending on the procedure, is crossed out by the sign "X" on the corresponding figure of unused copy.

Section III. Instructions for filling of the customs declaration

14. Data are entered in the customs declaration in state language. Filling of the customs declaration can be carried out:

- by manual method, using daktilografiya, mechanographical or similar method, by filling with ball pen provided that data will be written down it is legible, ink, using capital letters, in justified cases - based on the procedure established by Customs Service;

- by information method, based on methodology of processing of the customs declaration by information method.

15. The signature appended by hand by the customs applicant or his representative on the customs declaration, certified depending on case, seal - appropriates to the document nature of the original and authenticity.

The signature by hand shall appear on the copy intended for customs.

When filling of columns of the declaration is performed by information method, the signature by hand and imposing of seal can be replaced with other technology of identification, according to the methodology established by the Customs Service based on use of certain code and which has the same legal effect, as well as in signature cases by hand and applications of seal.

16. The copies of the customs declaration provided and registered in customs shall not contain illegible data, blots or amendments.

17. Customs employees are not allowed to participate in editing or filling of columns of customs declarations, except those which are intended for office use of customs authorities, except as specified, when according to the current legislation and orders issued by Customs Service other is provided.

18. The copies of customs declarations corresponding to each customs procedure are represented in customs separated set.

19. Columns of the customs declaration which filling, depending on the chosen customs procedure, is performed by the customs applicant or his representative, the following:

a) when exporting, temporary export, re-export: columns A No. 1 (1 and 2 subsections), 2, 3, 5, 6, 7, 8, 9, 11 (first subsection), 14, 15, 15a, 15b, 16, 17, 17a, 18, 19, 20 (1 and 2 subsections), 21, 22, 23, 24 (1 and 2 subsections), 25 (first subsection), 26, 28, 29, 30, 31, 32, 33, 34a, 35, 36, 37, 38, 41, 44, 46, 47, 48, 49 and 54;

b) in case of transit: graphs No. 1 (3rd subsection), 2, 3, 4, 5, 6, 7, 8, 15, 17, 18, 19, 21, 25, 31, 32, 33 (1 subsection), 35, 38, 40, 44, 50, 52, 53, 55 and 56;

c) during the importing, temporary import, reimport, the placement on customs warehouse or to free zone, conversion under customs control or in other customs procedures: columns A No. 1 (1 and 2 subsections), 2, 3, 5, 6, 7, 8, 9, 11 (first subsection), 12, 14, 15, 15a, 16, 17, 17a, 17b, 18, 19, 20 (1 and 2 subsections), 21, 22, 23, 24 (1 and 2 subsections), 25 (first subsection), 26, 28, 29, 30, 31, 32, 33, 34a, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 47, 48, 49 and 54.

20. Column B, C, D, E, F, G, H, I and J of customs declarations are reserved for office use of customs authorities and are filled as follows:

COLUMN B - "INFORMATII CONTABILE"

The customs employee authorized for financial control checks if the amounts entered in payment documents correspond to the added customs payments. In case it is determined that customs payments when exporting/import are provided with payment method, in the graph the data concerning are specified:

- numbers of validation of the customs declaration - number / and date, the Vxxxxxx forms where xxxxxx it is the sequence number assigned to the customs declaration by information system;

- the amounts of customs payments, payment amounts for use of information system; all payment/result of the transferred amounts automatically added by information system.

The above-mentioned is certified by the signature and personal seal of the customs employee appointed for this purpose.

COLUMN C - "BIROU VAMAL DE PLECARE"

It is filled only in case of transit transactions.

The code and the name of customs of departure, number and date of the customs declaration fits in. In case of information method - number and registration date are appropriated by system automatically.

These data fit in and certified by the signature of the customs employee responsible for adoption of the customs declaration, according to established procedure.

COLUMN D - "CONTROLAT LA BIROUL VAMAL DE PLECARE"

It is used in case of transit, by record, the customs employee of quantity and numbers, the imposed customs seals, date of completion of transit, results of the exercised control appointed for this purpose who are assured by personal seals according to established procedure.

COLUMN E - "CONTROLAT LA BIROUL VAMAL DE EXPEDITIE/EXPORT"

Consists of marks of the customs employees performing validation of the customs declaration in customs of departure, certified by their signatures and customs seals according to established procedure.

COLUMN F - "VIZA AUTORITATILOR COMPETENTE"

It is used in case of reloading of goods from one vehicle on another during transit transaction. Number and date of permission to overload, number and series of new customs seals fit in. These data are certified by the signature and personal seal of the customs employee under whose supervision the overload was carried out.

COLUMN G - "VIZA AUTORITATILOR COMPETENTE"

If column 56 contains marks, the customs authority assures this this column, only if transaction on overload was performed under customs control.

COLUMN H - "CONTROL ULTERIOR"

It is not used.

THE COLUMN I - "CONTROLAT DE BIROUL VAMAL DE DESTINATIE (TRANZIT)"

It is used only in case of transit, by record of date and arrival time of load, marks about condition of seals of "intact" (whole) or in case of "deteriorate" (damaged), and also notes which register according to the Rules concerning use of system of transit in the territory of the Republic of Moldova.

Data are certified by the signature and personal seal of the customs employee responsible for validation of the customs declaration of customs of appointment.

COLUMN J - "CONTROLAT LA BIROUL VAMAL DE DESTINATIE"

It is used in customs of appointment as the employees performing validation of the customs declaration.

Confirmation of validation of the customs declaration is performed by the signature and application of customs seals according to established procedure.

By means of application of the signature and customs seal, the customs employee appointed for this purpose confirms that all phases of customs clearance were completed.

21. Columns of the additional customs declaration are filled in with 1 on 56 by the same rules, as primary customs declaration, except for the following:

a) in cases when column 31 of the additional declaration is not filled in, it is crossed out by the sign "X" in order to avoid possibility of its further use;

b) column 47 consists of 4 subsections, last of which has the generalizing nature. If several additional customs declarations are used, the subsection with the generalizing nature is filled only on the last additional declaration.

22. Data and information which is subject to entering into the customs declaration form, the following:

A. Instructions for filling of the customs declaration of customs procedures of export, temporary export, re-export, transit

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