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LAW OF TURKMENISTAN

of March 12, 2010 No. 91-IV

About Customs Service

(as amended on 08-05-2022)

This Law determines the legal basis, the principles of activities, task, right and obligation of Customs Service.

Part I. General provisions

Article 1. State Customs Service of Turkmenistan

The State Customs Service of Turkmenistan is the central executive body performing state policy in the field of regulation of activities of customs system of Turkmenistan, providing observance of the international obligations of Turkmenistan on customs questions, and also performing fight against smuggling and other crimes, administrative offenses in the field of its activities.

Article 2. Legislation of Turkmenistan on Customs Service

2. If the international treaty of Turkmenistan establishes other rules than provided in this Law, then rules of the international treaty are applied.

Article 3. Structure and management of the State Customs Service of Turkmenistan

1. Its central office, Training center under the State Customs Service, customs in welayats and the cities with the welayat rights, their customs posts are part of the State Customs Service of Turkmenistan (further – bodies of Customs Service). Self-supporting organizations and other its organizations also are part of the State Customs Service of Turkmenistan.

2. Management of the State Customs Service of Turkmenistan is performed by the chairman who is appointed to position and is dismissed by the President of Turkmenistan.

3. Vice-chairmen of the State Customs Service of Turkmenistan, managers of customs are appointed to position and dismissed by the President of Turkmenistan.

4. The nomenclature of the leading and official employees of the State Customs Service of Turkmenistan appointed to position and dismissed in coordination with the Cabinet of Ministers of Turkmenistan is determined by the President of Turkmenistan.

5. The certificate confirming their personality and post, and distinctive marks of the established sample and also number personal seal is issued to the staff of Customs Service, the sample of this certificate and number personal seal affirms the chairman of the State Customs Service of Turkmenistan.

6. Total number of the military personnel of the State Customs Service of Turkmenistan and structure of its Central office are established by the President of Turkmenistan.

Article 4. Legal status of Customs Service

1. The regulations on the State Customs Service of Turkmenistan affirm the President of Turkmenistan, and regulations on bodies of Customs Service affirm the chairman of the State Customs Service of Turkmenistan.

2. In coordination with the President of Turkmenistan the State Customs Service of Turkmenistan customs as required can be created, be reorganized and liquidated.

3. The customs posts which are in the territory of Turkmenistan at check-points of Frontier of Turkmenistan, are separate divisions of customs authorities in welayats and the cities with the rights of the welayat and act on the basis of the Provision approved by the chairman of the State Customs Service of Turkmenistan.

4. Customs posts are created according to the procedure, established by the legislation of Turkmenistan, proceeding from amount of the omission of passengers and goods, need of development of commercial ties of certain regions, requirements of transport enterprises for transportation of goods, interests of persons who are exporters and importers and other persons who are engaged in foreign trade.

Article 5. Basic principles of activities of Customs Service

1. Activities of Customs Service are based on the principles of legality, equality of citizens before the law, observance of their rights and freedoms according to the universally recognized norms of international law, respect of their advantage.

2. The Customs Service is effective in the conditions of publicity if it does not contradict requirements of the legislation of Turkmenistan about protection of the rights and freedoms of citizens, and also does not lead to disclosure of the state secret and other secrets protected by the law.

Article 6. Main objectives of Customs Service

The main objectives of Customs Service are:

1) protection within its competence of economic safety of Turkmenistan;

2) support in development of foreign trade and national economy of Turkmenistan in general;

3) creation of the conditions promoting acceleration of goods turnover through customs border of Turkmenistan;

4) protection of customs border of Turkmenistan within the competence and control of observance of rules within customs control;

5) control of observance of regulations on licensing and issue of permissions in case of the omission of goods and vehicles through customs border of Turkmenistan;

6) collection of customs duties and charges, taxes according to the regulatory legal acts of Turkmenistan determining their sizes and regulating procedure for their payment;

7) information collection about the offenses allowed in the field of customs activities and its analysis;

8) taking measures according to the procedure, established by the legislation of Turkmenistan, to persons who committed smuggling and other customs offenses;

8-1) prevention, identification, suppression and disclosure of crimes and other offenses within the competence;

9) maintaining customs statistics about the foreign trade of Turkmenistan and the database connected with customs affairs, preparation of reports on customs activities and provision of information to concerned parties according to the procedure established by the legislation of Turkmenistan;

10) ensuring uniformity of observance of legal acts of Turkmenistan for customs activities;

11) preparation and retraining of specialists in customs activities, ensuring increase in their qualification;

12) ensuring execution of the international obligations of Turkmenistan connected with customs activities;

13) accomplishment of other tasks determined by the legislation of Turkmenistan.

Article 7. Observance of the rights and freedoms of citizens

The citizens detained on suspicion of customs offense have right to be informed from the staff of Customs Service about restriction of their rights and freedoms.

Article 8. Location of customs authorities

1. Customs authorities can be placed in the buildings which are directly belonging to customs authorities and also in the territories and in the buildings belonging to interested persons including in the territories belonging to the persons who are performing activities as the customs broker or having warehouses of temporary storage of goods and also in the territories and in buildings of the airports river and seaports, railway and automobile stations.

2. The parcels of land are provided to customs authorities in use according to the Code of Turkmenistan "About the earth".

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