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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 3, 2012 No. 163

About approval of Rules of goods placement under customs procedure of release for free circulation

(as amended of the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 01.05.2015 No. 164)

For the purpose of ensuring execution of subitem 1.1.3 of the Presidential decree of the Azerbaijan Republic of September 15, 2011 "About approval of the Customs code of the Azerbaijan Republic" the Cabinet of Ministers of the Azerbaijan Republic decides No. 499:

Approve "Rules of goods placement under customs procedure of release of goods for free circulation" 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 August 3, 2012 No. 163

Rules of goods placement under customs procedure of release for free circulation

1. General provisions

1.1. These rules are prepared according to Article 164 of the Customs code of the Azerbaijan Republic (further - the Customs code) and establish rules of goods placement under customs procedure of release for free circulation.

1.2. The foreign goods planned for release for the domestic market for sale, consumption or use are located under customs procedure of release for free circulation.

1.3. The foreign goods placed under customs procedure of release for free circulation acquire the status of internal goods.

1.4. The goods placed under customs procedure of release for free circulation are left in the territory of the Azerbaijan Republic without adoption of the obligation about their export from this territory.

1.5. After customs clearance of the foreign goods placed under customs procedure of release for free circulation according to Item 1.3 they act from customs control and are given to persons authorized in their relation or to their representatives. These persons according to the legislation have the right to dispose of goods freely.

2. Goods placement conditions under customs procedure of release for free circulation

2.1. Goods placement conditions under customs procedure of release for free circulation are:

2.1.1. payment of the customs payments established by the legislation;

2.1.2. application of measures of trade policy;

2.1.3. fulfillment of requirements, established by the legislation concerning commodity import, and completion of the other established procedures (movement through frontier, timely delivery in customs authority of appointment along the established routes, representation of goods in body of appointment, observance of customs regulations on vehicles, submission of the relevant documents of the goods connected with customs clearance to body which will carry out customs clearance).

2.2. The customs payments levied in case of customs clearance of the goods intended for the room under customs procedure of release for free circulation are performed according to the corresponding legal acts of the Azerbaijan Republic.

2.3. Permission to payment deferral of customs debt for a period of 14 (fourteen) up to 60 (sixty) days concerning the goods placed under customs procedure of release for free circulation is performed according to Article 246 of the Customs code.

2.4. In case of customs clearance of the goods placed under customs procedure of release for free circulation observance of measures of trade policy is checked.

2.5. The documents submitted for customs clearance of the goods placed under customs procedure of release for free circulation are determined according to requirements of Articles 150.3 and 150.4 of the Customs code.

3. Rules of customs clearance of the goods placed under customs procedure of release for free circulation

3.1. The customs clearance of the goods and vehicles placed under customs procedure of release for free circulation is performed based on the address (in written or electronic type) in customs authority of person having powers concerning goods or his representative. The customs clearance of goods begins at the time of representation by the customs applicant to customs authority necessary for customs clearance of the declaration or the relevant documents concerning specific goods, according to Item

2.6 these rules. The customs clearance comes to the end after making of necessary customs transactions, and also the customs payments provided by the Customs code.

4. Actions of customs authorities for goods placement under customs procedure of release for free circulation

4.1. Check by customs authorities of the data specified in the customs declaration, the declared goods, documents submitted for goods placement under the declared customs procedure, ensuring compliance with legal acts which control over the implementation is imposed on customs authorities collection of customs duties, corresponding taxes and other customs payments, sampling and tests for conducting customs examination of goods and other actions are performed according to relevant provisions of the Customs Code.

5. Release of goods

5.1. As soon as the conditions established in Article 163 of the Customs Code are executed by the customs applicant, persons having powers concerning goods, or their representatives establish lack of legislative restrictions and prohibitions concerning the declared goods, the data specified in the customs declaration are checked, customs authorities without delay issue the goods placed under customs procedure of release for free circulation. All goods specified in one customs declaration are issued by customs authorities at the same time.

5.2. If during customs clearance of the goods placed under customs procedure of release for free circulation it is revealed that in the customs declaration false information is declared, customs authorities demand from the customs applicant of introduction of the corresponding adjustments. Release is performed without delay after accomplishment of the specified requirement and payment of the corresponding customs payments.

5.3. If the goods placed under customs procedure of release for free circulation are shown in customs authority other, than the customs authority where the customs declaration was submitted, the participating customs authorities communicate, necessary for release of goods.

6. Final provisions

6.1. The room under customs procedure of release for free circulation of the goods prohibited according to requirements of the corresponding regulatory legal acts to import to customs area is not allowed.

6.2. The customs clearance of goods import of which is performed based on allowing documents of state bodies performed upon presentation of the specified allowing documents.

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