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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of May 7, 2012 No. 95

About approval of Rules of exchange with customs and other authorized bodies of other countries of information on entrance, departure and transit through customs borders of goods and vehicles

For the purpose of ensuring execution of subitem 1.3.1 of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About approval of the Customs code of the Azerbaijan Republic" of September 15, 2011 the No. 499 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of exchange with customs and other authorized bodies of other countries of information on entrance, departure and transit through customs borders of goods and vehicles" it (is applied).

 

Prime Minister of the Azerbaijan Republic Artur RASI-ZADE

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 7, 2012 No. 95

Rules of exchange with customs and other authorized bodies of other countries of information on entrance, departure and transit through customs borders of goods and vehicles

1. General provisions

1.1. These rules are prepared according to Article 13.2 of the Customs code of the Azerbaijan Republic (further - the Customs code) and determine procedure for exchange with customs and other authorized bodies of other countries of information on entrance, departure and transit through customs borders of goods and vehicles.

1.2. Customs authorities in case of accomplishment of the functions for the purpose of decrease in risks, safety of the international trade and supplying chain, development of foreign and mutual trade relations and creation of conditions for simplification of foreign trade according to international treaties perform exchange with customs and other authorized bodies of other countries of information on entrance, departure and transit through customs borders of goods and vehicles.

1.3. Exchange with customs and other authorized bodies of other countries of information on entrance, departure and transit through customs borders of goods and vehicles is performed within the existing international treaties or these rules.

1.4. The exchange of information provided in Item 1.2 of these rules is performed according to the Procedure established by provisions of the International convention "About the Mutual Administrative Aid according to the Prevention, Investigation and Suppression of Customs Offences" which the Azerbaijan Republic joined the Law of February 19, 2002 No. 267-IIQ, the Framework standards of safety and simplification of world trade of World Customs Organization, agreements on cooperation and mutual aid in the field of customs affairs signed with other countries and the Customs code.

1.5. Implementation of the exchange of information provided in Item 1.2 of these rules is performed in the following directions:

1.5.1. exchange of information about conducting administrative or judicial investigations on violations of the customs legislation;

1.5.2. conducting checks from customs or other authorized bodies;

1.5.3. if necessary - confirmation or confutation of information in the submitted documents;

1.5.4. conducting checks on import, export, transit and declaration of goods;

1.5.5. ensuring reducing term of entrance and departure from customs area of the country of goods and vehicles and bystry transition through customs border.

2. Information form and content

2.1. According to these rules, exchange of information between two parties is performed under approval in written and (or) electronic forms by means of the direction of the official letter. This information is followed by the documents necessary to provide their use. Customs and other competent state bodies of the Azerbaijan Republic represent to competent authority of other country official materials, documents and information which provision is not forbidden by the legislation of the Azerbaijan Republic. Upon the demand of customs authority of the Azerbaijan Republic, the requesting competent authority of other state in agreed time frame returns the materials, documents and physical evidences transferred to them in connection with consideration of request. In particular cases, according to agreements between the parties also oral information can be accepted, but it shall be confirmed directly in writing.

2.2. According to Item 2.1 of these rules, information includes the following:

2.2.1. the requesting customs authority;

2.2.2. required action;

2.2.3. subject and reason of request;

2.2.4. corresponding legal acts.

2.3. If other is not provided in two and/or multilateral international agreements, requests about rendering assistance shall be provided in English.

3. Bases for refusal of request

3.1. Requests are not provided in the following cases:

3.1.1. if the required body considers that provided information can do much harm to sovereignty, safety or any other considerable interests of its state;

3.1.2. if required information and/or documents are legally protected or confidential.

3.2. In case of decision making about variation of request to the requesting party the notification in which the request reasons are clearly and reasonably specified goes.

4. Terms of the exchange information

4.1. Any information provided or received according to these rules is used only for the purposes specified in these rules and according to the restrictions introduced by the customs and other competent state bodies providing information including use during judicial or administrative investigation.

4.2. In the country obtaining information, at least, the protection of confidentiality extending to similar data, documents and other information shall be provided.

4.3. Such information, documents or other data can be used for other purposes only from written consent of competent authority of the state providing information and according to the restrictions introduced by this body, provisions of Item 4.1 of these rules.

4.4. Exchange of information, provided in Item 1.2 of these rules, shall be performed directly between customs and other competent state bodies. Customs or other competent state bodies determine services and officials who are responsible for similar exchange of information. Exchange of information is performed by certain services and persons.

4.5. If customs or other competent state body of the Azerbaijan Republic has no powers for accomplishment of request, he sends inquiry to authorized body and notifies on it the requesting body of foreign state.

 

(c) "VneshExpertService" LLC

 

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