of December 24, 2012 No. 317
About approval "Procedure for the order goods, the privileges passed conditionally with provision on customs payments"
For the purpose of ensuring execution of subitem 1.1.17 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:
Approve "The procedure for the order (is applied) by the goods passed conditionally with provision of privileges on customs payments".
Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 24, 2012, No. 317
1.1. This Procedure is prepared according to Article 163.5 of the Customs code of the Azerbaijan Republic (further - the Customs code) and determines procedure for the order the goods passed conditionally with provision of privileges on customs payments.
1.2. The condition of the omission of goods and vehicles accompanied with obligations of person in observance of restrictions by it, requirements and conditions on use of these goods and vehicles and the order them, the omission is.
1.3. The goods passed conditionally with provision of privileges on customs payments can be used only for those purposes for which these privileges are provided.
1.4. Use for other purposes of the goods passed conditionally with provision of privileges on customs payments is allowed on permission of customs authorities after complete payment of the customs payments, fulfillment of requirements provided in the Customs code and other legal acts.
1.5. Before one of circumstances, stipulated in Article 195.2 customs codes, the goods passed conditionally with provision of privileges on customs payments stay under customs control.
2.1. The order the goods passed conditionally with provision of privileges on customs payments for the purposes which are not corresponding to Item 1.3 of this Procedure is performed on permission of customs authorities by the following methods:
2.1.1. with placement of goods under customs procedure of the omission to free turnover with complete payment of stipulated by the legislation customs duties and taxes;
2.1.2. with destruction of goods;
2.1.3. with refusal of goods for benefit of the state;
2.1.4. with the actual commodity exportation from customs area.
2.2. The address with the statement to customs authority is made for receipt of the permission provided in Item 2.1 of this Procedure.
2.3. Shall be specified in the statement:
2.3.1. the name of customs authority to which the applicant addresses;
2.3.2. if applicant physical person, its surname, name, middle name and address, data on the identity document;
2.3.3. if the application is submitted on behalf of the legal entity, its name and legal address;
2.3.4. the data giving the grounds on provision of privileges on customs payments and reflecting the purpose of use of the goods passed conditionally with provision of privileges;
2.3.5. date of creation of the statement and signature of the applicant;
2.3.6. signature of the head or representative of the legal entity and seal of the legal entity;
2.3.7. the list of the documents enclosed to the application.
2.4. All documents provided by the law for representation are added to the statement in the form of appendix.
2.5. The customs authority considers the address within 2 (two) days from the date of its receipt and issues to person permission in writing on paper.
2.6. In the presence of the basis about failure to meet requirements of the Customs code what to person it is reported in writing on paper with indication of the reasonable reason about.
3.1. The payment procedure of customs duties and taxes is performed according to requirements of the Customs code and the Tax code of the Azerbaijan Republic.
3.2. In international treaties with participation of the Azerbaijan Republic other circumstances and rules according to the conditional omission of goods can be established.
Note. Changes can be made to this Procedure after approval of the President of the Azerbaijan Republic.
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