of October 14, 2013 No. 305
About approval of "The preferential and simplified rules of movement by physical persons through customs border of the goods which are not provided for production or for dealing purposes"
For the purpose of ensuring execution of subitem 1.1.27 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 No. 499, the Cabinet of Ministers of the Azerbaijan Republic, decides:
2. Exclude part of 1 resolution of the Cabinet of Ministers of the Azerbaijan Republic "About approval of "Rules of movement by physical persons of the goods which are not provided for production and commercial purposes through customs border of the Azerbaijan Republic" of May 31, 2001 No. 105 (Collection of the legislation of the Azerbaijan Republic, 2001, No. 5, Article 355; 2003, No. 6, Article 342; 2004, No. 4, Article 308, No. 5, Article 385, No. 8, Article 655, No. 11, Article 966; 2005, No. 6, Article 558, No. 11, Article 1061; 2006, No. 4, Article 297, No. 5, Article 463; 2007, No. 5, Article 543; 2008, No. 2, Article 118; 2010, No. 4, Article 352).
3. Offer the Central Bank of the Azerbaijan Republic recommendations concerning modification of rules of export from the Azerbaijan Republic and import of currency from physical persons, considering provisions of part of 3 Rules approved by part of 1 this resolution, and Appendix No. 1.
Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of October 14, 2013 No. 305
1.1. These rules are prepared based on Article 299.1 of the Customs Code of the Azerbaijan Republic (further – the Customs Code), and determine the preferential and simplified rules of movement by physical persons through customs border of the Azerbaijan Republic (further - customs border) the goods which are not provided for production or commercial purposes.
1.2. These rules do not belong to goods which movement through customs border is forbidden or requires the license.
1.3. The concepts used for the purposes of these rules express stated below values:
1.3.1. movement of goods through customs border in the preferential and simplified procedure - movement of goods through customs border by physical persons with release from customs payments, declaring them in customs authorities of the Azerbaijan Republic (further customs authorities) the simplified declaration (further - the declaration), with payment of customs duty;
1.3.2. physical persons - the residents and nonresidents specified in subitems 1.3.3 and 1.3.4 of these rules, moving goods through customs border;
1.3.3. residents are the citizens of the Azerbaijan Republic and physical persons who are constantly living in the Azerbaijan Republic;
1.3.4. nonresidents - physical persons to which subitem 1.3.3 of these rules does not belong;
1.3.5. the accompanied baggage - the goods moved through customs border with directly physical persons;
1.3.6. unaccompanied baggage - the goods belonging to physical persons, moved through customs border by means of transport or by mail;
1.3.7. personal belongings - the things which are in private use of physical person;
1.3.8. the goods moved with the transporter - the goods sent addressed to physical person, moved through customs border with the relevant company which is engaged in transportations;
1.3.9. vehicles - the vehicle relating to line items of goods 8701-8704, 8711 or 8716, the registered or registered commodity nomenclature of foreign economic activity (further - TNVD).
1.4. Except for the vehicles specified in subitem 1.3.9 of these rules and in goods item 8709 and 8710 TNVD, other vehicles relating to goods item 87 TNVD, their spare part and the equipment move through customs border by the rules determined by parts 2 and 3 of these rules.
1.5. Purpose of the goods moved with physical persons through customs border is determined by customs authority, taking into account all circumstances of trip of physical person, with determination of confidence that goods move for the purpose of personal use and consumption by physical person and members of his family, based on their properties, quantity and regularity of movement through customs border. The physical person has rights of preferential movement through customs border of 2 (two) identical and (or) same goods intended for personal use and consumption by physical person and members of his family in the limits determined by subitem 2.1.2 of these rules. If the physical person moves through customs border more than 2 identical and (or) same goods, then customs authorities based on the features specified in this Item establish goods quantity over 2 goods moved through customs border in preferential procedure (without customs payment), and for the identical and (or) same goods moved over assigned amount customs payments without the limits provided by subitems 2.1.2 and 2.1.4 of these rules are made.
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