of May 1, 1998 No. 101
About approval of the Regulations on the customs broker
Based on presidential decrees of the Azerbaijan Republic "About application of the Customs code of the Azerbaijan Republic" of July 25, 1997 No. 616 and "About approval of the list of the types of activity requiring special permission (license)" of October 4, 1997 the No. 637 Cabinet of Ministers of the Azerbaijan Republic decides:
1. Approve "Provision on the customs broker" it (is applied).
2. To the State Customs Committee of the Azerbaijan Republic in connection with execution of this resolution to prepare and in accordance with the established procedure to approve instructions and to take adequate measures.
3. This resolution becomes effective from the date of its signing.
Azerbaijan Republic A. Rasi-Zade
Approved by the resolution of the Cabinet of Ministers of the Azerbaijan Republic of May 1, 1998 No. 101
1.1 The customs broker (intermediary) is the legal entity formed according to the legislation of the Azerbaijan Republic, acting according to the Law of the Azerbaijan Republic "About the companies", who in accordance with the established procedure obtained from the State Customs Committee of the Azerbaijan Republic the license for implementation of customs broker activities based on the Customs code of the Azerbaijan Republic and this provision.
1.2 Activities of the customs broker consist in making by him from own name, on behalf and at the expense of the represented person of transactions on customs clearance of goods and vehicles and in accomplishment of other mediatorial functions in the field of customs affairs.
2.1 Activities of the customs broker include:
- declaration of goods and vehicles;
- presentation to customs authorities of the Azerbaijan Republic of the documents and additional data necessary for customs clearance;
- presentation of the declared goods and vehicles;
- providing customs payment and other payments provided by the Customs code of the Azerbaijan Republic concerning goods and vehicles;
- accomplishment of others important for customs clearance and customs control of cases in quality of person given authority concerning the declared goods and vehicles.
2.2 When making primary transactions the customs broker:
- warns customs authorities of the Azerbaijan Republic about intention to move goods and vehicles through customs check points;
- constitutes the list of the documents necessary for the customs purposes;
- if necessary places goods and vehicles on warehouses of temporary storage.
2.3 The customs broker shall perform in full the activities and functions specified in subitem 1.2 of This provision. Partial accomplishment of these activities and functions is inadmissible.
3.1 Obligations of the customs broker include:
3.1.1 the message to customs authorities of data on goods and vehicles, customs regimes of these goods and vehicles, and also other data, necessary for the customs purposes, in form and in the terms established State by customs committee of the Azerbaijan Republic;
3.1.2 presentation of the declared goods and vehicles upon the demand of customs authorities of the Azerbaijan Republic;
3.1.3 presentation to customs authorities of the Azerbaijan Republic of the documents and additional data necessary for the customs purposes;
3.1.4 check of reliability received from the represented person of the documents and data necessary for the customs purposes;
3.1.5 presence upon the demand of customs authority of the Azerbaijan Republic in case of customs clearance of goods and vehicles and rendering assistance to customs authorities in carrying out customs clearance;
3.1.6 implementation upon the demand of customs authority of the Azerbaijan Republic at the expense of the represented person of transportation, weighing or in other form of scoping of the goods and vehicles which are subject to customs control, their loadings, unloading, overload, correction of the damaged container, packagings, unpackings or repackings of goods and vehicles, and also opening of buildings, storages and other places in which there can be specified goods and vehicles;
3.1.7 correct calculation of customs payments;
3.1.8 providing customs payment on the declared goods and vehicles the customs broker if the agreement signed between the customs broker and represented by person provides customs payments, and in others sluchayakhobespecheny customs payments by the represented person or any interested person.
If person moving goods and vehicles through customs border of the Azerbaijan Republic itself is not customs applicant, it bears responsibility, equal with the customs broker, for customs payment;
3.1.9 ensuring timely and complete payment of customs payments with the represented person or, in the cases which are not specified in Item
3.1. 8, - the third parties in the forms which are not contradicting the legislation of the Azerbaijan Republic;
3.1.10 providing veterinary, phytosanitary and other types of the state control exercised by executive bodies concerning the goods and vehicles declared by the customs broker;
3.1.11 before release of goods and vehicles or their transfer to the order of the represented person according to the chosen customs regime - observance of the conditions and restrictions concerning use or the order of goods and vehicles on which the customs clearance is not ended;
3.1.12 accounting of the goods and vehicles declared by the customs broker, provision to customs authority of the Azerbaijan Republic of the report on such goods and vehicles and the transactions made with them according to the procedure, established by the State Customs Committee of the Azerbaijan Republic;
3.1.13 ensuring approval of the automatic information means used by the customs broker and program products with the automatic information means and program products used by customs authorities of the Azerbaijan Republic;
3.1.14 the warning of customs authorities of any found changes of container and packaging, their destruction, damage, discrepancy of goods to the data containing in transport, business and other documents, inconsistency of data on the goods containing in different documents, and other similar cases concerning customs affairs;
3.1.15 use of information obtained for the customs purposes from the represented person only for these purposes; ensuring compliance by the provided Customs code and other legal acts of the Azerbaijan Republic of prohibitions and restrictions for disclosure, use in own purposes, transfer to the third parties of the commercial, bank and protected by the law other classified or confidential information obtained from the represented person;
3.1.16 check of powers of the represented person on goods and vehicles, explanation to it requirements of the customs legislation of the Azerbaijan Republic;
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