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CUSTOMS CODE OF THE REPUBLIC OF MOLDOVA

of July 20, 2000 No. 1149-XIV

(The last edition from 19-07-2019)

The parliament accepts this code.

This code determines legal, economic and organizational basis of customs affairs and is directed to protection of sovereignty and economic safety of the Republic of Moldova.

Section I General provisions

Chapter 1 Customs affairs

Article 1. Basic concepts

For the purpose of of this Code the following basic concepts are used in value:

1) goods - any personal estate, objects and other values, including currency (the cash foreign and national currency, payment instruments and the materialized securities expressed in foreign and national currency), natural gas, electric, thermal, other types of energy and vehicles (which are subject of the external economic transactions) except for specified in Item 4);

2) domestic goods - goods:

a) the goods which are completely received on customs area of the Republic of Moldova in accordance with the terms, the stipulated in Article 20 Laws on customs tariff, and not including imported because of limits of customs area of the Republic of Moldova. The goods received from the goods placed under preferential customs regime are not considered having domestic nature;

b) imported because of limits of customs area of the Republic of Moldova and issued in free circulation;

c) received or made on customs area of the Republic of Moldova or from the goods specified in Item b), or from the goods specified in Items and) and b);

d) completely received or rather processed in free zone in accordance with the terms, provided by part (4-1) articles 7 of the Law on free enterprise zones No. 440-XV of July 27, 2001;

3) foreign goods - the goods which are not specified in Item 2);

4) vehicles - any vehicles (which are not subject of the external economic transactions), used for international carriages of passengers and goods including containers and other transport equipment;

4-1) vehicle - the self-propelled or not self-propelled mechanical system intended for transportation of people and loads or equipped with mechanisms which can perform certain works;

5) movement through customs border - making of actions for import to customs area of the Republic of Moldova or to export from this territory of goods and vehicles in any manner, including transfer in the international mailings, use of pipeline transport and power lines. The specified actions provide:

- in case of commodity importation and vehicles on customs area of the Republic of Moldova and when importing from the territory of customs warehouses to other part of customs area of the republic - the actual crossing of customs border;

- in case of commodity exportation and vehicles from customs area of the Republic of Moldova and in case of commodity importation and vehicles from other part of customs area of the republic on the territory of customs warehouses - submission of the customs declaration or other action which is directly directed to realization of intention to export or import goods and vehicles;

6) persons - physical persons and legal entities, except for the separate cases provided by this code;

7) persons from the Republic of Moldova - the companies, organizations and the organizations with the location in the Republic of Moldova created according to the legislation; the legal entities and physical persons which are engaged in business activity according to the legislation, registered in the territory of the Republic of Moldova; citizens of the Republic of Moldova;

8) foreign persons are persons who are not specified in Item 7);

9) persons moving goods through customs border - the owners of goods, their owners or other persons provided by this code;

10) customs, customs post - divisions of customs authority in which the formalities provided by customs rules are fully or partially performed;

11) the official of customs authorities - person allocated on permanent or temporary basis, by law, with the rights and obligations on implementation of functions of customs authorities or actions of administrative and administrative, organizational and economic nature;

12) the officer on criminal prosecution of Customs Service - the official of customs authority, authorized to perform criminal prosecution on the crimes which are within the competence of customs authorities;

13) the customs applicant - any person having the right to dispose of goods and/or vehicles which draws up the customs declaration on its own behalf or on behalf of which the customs declaration is drawn up;

13-1) direct representation - the relation in which the customs broker acts on behalf and at the expense of other person;

13-2) indirect representation - the relation in which the customs broker acts on its own behalf, but at the expense of other person;

14) carrier - the person which is actually moving goods through customs border or being responsible for use of the vehicle;

15) release in free circulation - action which the customs authority leaves goods and vehicles after their customs clearance at the unconditional and unrestricted order of person;

16) conditional release - the release in free circulation of goods and vehicles integrated to obligations of person to observe the set restrictions, requirements or conditions;

17) customs regime - set of the customs rules determining the status of goods and vehicles according to the purposes of transaction and purpose of goods;

18) permission to release - transfer by customs authorities of the goods or vehicles after their customs clearance in the complete order of person for the purpose of provided by the applied customs regime;

19) customs clearance - the procedure of goods placement and vehicles under certain customs regime and completion of action of this mode according to provisions of this Code;

19-1) transactions of approval – set of transactions which are carried out by customs authority for the purpose of completion of transaction of customs clearance and which can be performed also with use of methods of electronic data processing;

20) customs supervision - the measures performed mainly by customs authorities for the purpose of ensuring compliance with customs rules and, if necessary, other provisions concerning the goods which are under customs supervision;

21) customs control - set of the measures performed by customs authorities for the purpose of application and compliance with laws and rules which application is assigned to customs authorities;

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