RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of August 27, 2013 No. 230

About approval of "Rules of assignment, temporary suspension and cancellation of the status of Authorized Economic Operator"

For the purpose of ensuring execution of subitem 1.2.1 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 "Rules of assignment, temporary suspension and cancellation of the status of Authorized Economic Operator" (are applied).

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of August 27, 2013 No. 230

Rules of assignment, temporary suspension and cancellation of the status of Authorized Economic Operator

1. General provisions

1.1. These rules are prepared according to Article 31.4 of the Customs Code of the Azerbaijan Republic (further - the Customs Code) and determine rules of assignment to legal entities, temporary suspension and cancellation of the status of Authorized Economic Operator, and also the requirements regulating activities of Authorized Economic Operator.

1.2. According to regulations and standards of World Customs Organization Authorized Economic Operator - the legal entity who uses the simplified forms and methods of customs control for the purpose of safety of the goods delivery to the destination and simplifications of foreign trade.

1.3. The State Customs Committee of the Azerbaijan Republic (further - Committee) for application of the simplified forms provided by this Code and methods of customs procedures gives Authorized Economic Operator certain rights.

1.4. For the purpose of safety of the international trade and supplying network between customs authorities and Authorized Economic Operators partnership is established.

2. Assignment of the status of Authorized Economic Operator

2.1. According to Article 32 of the Customs Code conditions of assignment of the status of Authorized Economic Operator are:

2.1.1. availability of possibility of providing the goods delivery to the destination according to the regulations and standards of safety established by World Customs Organization;

2.1.2. observance of requirements of the customs and tax legislation;

2.1.3. availability of acceptable management system the business and transport documents important from the point of view of customs control;

2.1.4. availability of financial opportunities for implementation of customs payments and other payments;

2.1.5. availability at the legal entity at least 2 (years) of experience in the field of activities;

2.1.6. availability of opportunities for implementation of the corresponding standards of safety and protection;

2.1.7. availability of the technical base providing exchange of information up to standard.

2.2. To the conditions determined by these rules, the legal entity founded on customs area and answering, accepting in attention of the requirement of the Law of the Azerbaijan Republic "About administrative production" has the right to file in Committee petition in writing on paper or electronically for receipt of the status of Authorized Economic Operator.

2.3. Together with the statement the following documents are submitted:

2.3.1. the copy of the certificate on state registration of the legal entity (the statement from the state register) and the charter, certified of notarial procedure;

2.3.2. the document on the bank account confirming availability of financial opportunities for production of customs payments and other payments;

2.3.3. the copy of the customs papers confirming availability at least 2 (years) of experience in the field of implementation of foreign economic activity.

2.4. The arrived statement is checked within 30 (thirty) days from the date of revenues in Committee for compliance to the conditions established by these rules and in the absence of the basis for refusal it is given the status of Authorized Economic Operator. In case of detection in the submitted documents or during check of shortcomings, the applicant is informed on it without delay. After remedial action within 15 (fifteen) days the application is repeatedly considered in accordance with the established procedure and the relevant decision is made.

2.5. In assignment of the status of Authorized Economic Operator refuses in the following cases:

2.5.1. in case of not observance of the conditions established by these rules;

2.5.2. if in the documents submitted for assignment of the status of Authorized Economic Operator there is false information;

2.6. In case of refusal of assignment of the status of Authorized Economic Operator, it is necessary to specify causes of failure and to inform person on the right to appeal the decision in administrative and legal process.

2.7. After elimination of the reasons, become the basis for refusal of assignment of the status of Authorized Economic Operator, according to these rules it is possible to address repeatedly to Committee for receipt of permission.

2.8. In case of modification of data and the documents submitted for receipt of the status of Authorized Economic Operator, the customs authority is informed on it without delay.

2.9. The status of Authorized Economic Operator given by customs authorities of other countries can be acknowledged on the basis of international treaties provided that it will not interfere with customs control.

3. The requirements regulating activities of Authorized Economic Operator

3.1. For use of the simplified forms and methods of customs control for the purpose of safety of the goods delivery to the destination and simplifications of foreign trade the Authorized Economic Operator, within the rights granted to it by Committee for customs clearance of goods in case of their import and export independently performs necessary transactions, stipulated in Article 108.1 Customs Codes.

3.2. Necessary transactions, stipulated in Article 108.1 Customs Codes, are carried out by Authorized Economic Operator in the constructions which are in its property, lease or use and on open sites with preliminary informing customs authorities.

3.3. Constructions and open sites intended for carrying out necessary transactions by Authorized Economic Operator, stipulated in Article 108.1 Customs Codes shall be constructed and equipped in the form allowing to protect goods, excluding possibility of unauthorized access to them of third parties including to carry out customs control over the specified goods.

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