RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of November 20, 2003 No. 523

About approval of Regulations on licensing of activities of customs warehouse, free warehouse and duty-free shop

In pursuance of the Law of the Republic of Uzbekistan "About licensing of separate types of activity" the Cabinet of Ministers of the Republic of Uzbekistan decides:

1. Approve:

Regulations on licensing of activities of customs warehouse according to appendix No. 1;

Regulations on licensing of activities of free warehouse according to appendix No. 2;

Regulations on licensing of activities of duty-free shop according to appendix No. 3.

2. To the State Customs Committee of the Republic of Uzbekistan:

in two weeks to approve structures and regulations on the corresponding commissions of experts on preparation of the conclusions about issue of licenses;

in two weeks together with the Ministry of Justice of the Republic of Uzbekistan and other interested ministries and departments to bring departmental regulatory legal acts into accord with this resolution.

3. Consider invalid Items 12-14, 18-21 of appendix to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of April 30, 1999 No. 204 "About rates of customs fees".

4. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Ganiyev E. M.

Appendix № 1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 20, 2003 No. 523

Regulations on licensing of activities of customs warehouse

I. General provisions

1. This Provision is developed according to Articles 173, 176 and 177 Customs codes of the Republic of Uzbekistan and the Law of the Republic of Uzbekistan "About licensing of separate types of activity" and determines procedure for licensing of activities of customs warehouse.

2. Customs warehouse - specially equipped and designated place including the territory of rooms and (or) open areas and intended for storage of goods under customs control in the modes of temporary storage and (or) customs warehouse.

3. Bonded storage is not allowed:

the goods prohibited to import to the Republic of Uzbekistan and to export from the Republic of Uzbekistan, except for the goods withdrawn by customs authorities and placed on the customs warehouse founded by customs authorities;

the goods prohibited to turnover and realization in the territory of the Republic of Uzbekistan.

4. The goods used for ensuring normal functioning of customs warehouse (for example, cargo handling machinery, refrigeration equipment, the computer equipment, overalls, etc.), under the modes of customs warehouse and temporary storage are not located.

5. Making of production and other commercial operations with goods under customs locks and the territory adjoining to it is not allowed, except for the transactions provided by the corresponding customs regime.

6. The customs warehouse can be the opened or closed type.

Customs warehouse of open type - the customs warehouse available to use by any persons.

Customs warehouse of the closed type - the customs warehouse intended for storage of goods of certain persons, as a rule, of the warehouse keeper or for storage of the certain goods including limited in turnover. Such persons and goods can be determined by the owner of customs warehouse in coordination with customs authority under organization of customs warehouse.

Customs warehouses of the opened and closed type can be used for storage of separate types of the goods requiring the special storage conditions or capable to do harm to other goods (specialized customs warehouses).

The customs warehouses established by customs authorities of the Republic of Uzbekistan are customs warehouses of open type.

7. The customs clearance of the goods which are stored under customs locks is performed according to the declared customs regimes according to the procedure, established by the legislation of the Republic of Uzbekistan for the corresponding customs regimes.

The actual export from customs warehouse of the goods declared under other customs regime which is not providing bonded storage shall be performed no later than three days from the moment of registration of such goods according to the chosen customs regime.

8. The license for activities of customs warehouse (further - the license) is granted by the State Customs Committee of the Republic of Uzbekistan (further - the licensing body) to the legal entity of the Republic of Uzbekistan in whose ownership there are warehouse territory, and also the storage and utility rooms assumed for use as customs warehouse provided that the owner, the territory and premises of customs warehouse conform to requirements and the this provision conditions.

9. Receipt of the license is not required if the customs warehouse is established by customs authority. The procedure for organization of such customs warehouse and storage of goods in it is determined by the State Customs Committee of the Republic of Uzbekistan according to the requirements and conditions established by this Provision.

10. On implementation of activities of customs warehouse the standard (simple) license is granted.

11. Transfer of the license or the rights on it is forbidden to other persons.

II. Requirements to the location, arrangement and equipment of customs warehouse

12. The territory of customs warehouse is the customs control zone.

The territory equipped for the parking of the vehicles transporting goods for time necessary for completion of the goods delivery under customs control shall adjoin to the territory of customs warehouse protected and designated according to the procedure, stipulated in Item 21 this provision. The specified territory is also the customs control zone. The vehicles transporting the goods which are under customs control can drive to the specified customs control zone at any time.

Customs warehouses shall be located in reasonable proximity from transport hubs and thoroughfares.

13. Rooms and (or) the open areas, held for use as customs warehouse, shall be located, equipped and equipped so that the possibility of carrying out customs control concerning the stored goods and vehicles was provided, their safety also is excluded opportunity:

access to the territory of customs warehouse and to goods of the strangers (who are not warehouse workers, not having powers concerning goods);

receipts and withdrawals of goods in addition to customs control.

At the same time premises of customs warehouse shall be equipped with double locking devices, one of which shall be under authority of customs authority.

If customs warehouse is the part of the building or construction, that equipment and arrangement of sidings to it and the adjoining unloading platforms shall exclude access for strangers to the goods which are under customs control.

14. The area of the territory and premises of customs warehouse shall be sufficient for normal functioning of customs warehouse taking into account the requirements provided by this Provision.

15. Premises of customs warehouse shall:

be located in land buildings or constructions;

answer the technical, health, fire-proof and other requirements established by the legislation of the Republic of Uzbekistan;

to be equipped with security and fire-proof alarm systems;

have the system and fire extinguishing means conforming to requirements of fire safety.

16. Perishable goods can be stored under customs locks in limits of term of preserving their qualities allowing to use such goods for designated purpose, but no more than the term established according to the chosen customs regime.

17. Goods which can do harm to other goods or require special storage conditions, shall be stored in warehouses or in the certain rooms which are part of customs warehouse and specially adapted for storage of such goods with observance of the mandatory requirements established according to the legislation of the Republic of Uzbekistan.

18. The owner of customs warehouse determines:

the total area of customs warehouse, i.e. the area which are directly intended and used only for storage of the goods placed under customs regime of temporary storage and customs regime of customs warehouse, and goods concerning which the customs regime of customs warehouse and temporary storage was changed to other;

the territory located directly around customs warehouse and/or adjoining customs warehouse on the site where loading (unloading) of goods on (c) the vehicles performing transportation of goods is made (further - the territory directly adjacent to customs warehouse);

the nomenclature of the goods intended for bonded storage.

19. For storage of the goods placed on customs warehouse according to one cargo customs declaration or the goods declared to the room under other customs regime according to one cargo customs declaration (in case of release of goods from customs warehouse), the owner of customs warehouse specially allocates and designates part of the square of customs warehouse (further - the storage bin).

20. The territory and premises of customs warehouse shall have specially allocated, isolated and respectively 22 this provision designated according to Item, the areas (zone) for storage of goods:

placed under customs regime of temporary storage;

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