of June 16, 2015 No. 385
About enforcement of provisions of Chapter 34-2 of the Customs code of the Republic of Moldova
For the purpose of assistance to foreign trade and simplification of procedures of certification of goods origin according to provisions of the Agreement on association between the Republic of Moldova, on the one hand, both the European Union and European Atomic Energy Community and their state members, on the other hand, ratified by the Law of the Republic of Moldova No. 112 of July 2, 2014. (The official monitor of the Republic of Moldova, 2014, Art. No. 185-199, 442), the Central European free-trade agreement (CEFTA) ratified by the Law of the Republic of Moldova No. 120-XVI of May 4, 2007. (The official monitor of the Republic of Moldova, 2007, Art. No. 70-73, 330), the Regional convention on preferential rules of goods origin of the Pan-European and Mediterranean area which the Republic of Moldova joined according to the Law No. 111/2015 (The official monitor of the Republic of Moldova, 2015, Art. No. 166-176, 350), The free-trade agreement between the Republic of Moldova and the Republic of Turkey ratified by the Law No. 49/2016 (The official monitor of the Republic of Moldova, 2016, Art. No. 114-122, 227), and also for execution of provisions of the Law No. 1380-XIII of November 20, 1997 on customs tariff (repeated publication: The official monitor of the Republic of Moldova, special release of January 1, 2007), with subsequent changes and amendments, provisions of Chapter 34-2 of the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000 (repeated publication: The official monitor of the Republic of Moldova, special release of January 1, 2007), with subsequent changes and amendments, DECIDES: the Government
1. Approve Regulations on the procedure of issue and withdrawal of the certificate of the authorized exporter it (is applied).
2. To Customs Service to issue certificates of the authorized exporter according to requirements of the Regulations on the procedure of issue and withdrawal of the certificate of the authorized exporter.
3. To impose control over the implementation of this resolution on the Ministry of Finance.
|
Prime Minister |
Kirill Gaburich |
|
Countersign: Deputy Prime Minister, Minister of Economic Affairs |
Stefan Christoph Brid |
|
Minister of Finance |
Anatol Arapu |
Approved by the Order of the Government of the Republic of Moldova of June 16, 2015 No. 385
1. The regulations on the procedure of issue and withdrawal of the certificate of the authorized exporter (further - the Provision) are developed according to provisions of the Protocol on determination of the concept "goods origin" and methods of administrative cooperation within the Central European free-trade agreement CEFTA (further – the Agreement), provisions of the Protocol II on determination of the concept "goods origin" and methods of administrative cooperation of the Agreement on association between the Republic of Moldova, on the one hand, both the European Union and European Atomic Energy Community and their state members, from other party (further – the Agreement) Appendix I provisions "About determination of the concept "goods origin" and methods of administrative cooperation" and relevant provisions of Appendix II to the Regional convention on preferential rules of goods origin of the Pan-European and Mediterranean area, the regulations on goods origin provided by other free-trade agreements which part is the Republic of Moldova (further – the Agreement), and also based on provisions of Chapter 34-2 of the Customs code of the Republic of Moldova No. 1149-XIV of July 24, 2000 and establishes conditions which shall be executed by economic export agents of goods of preferential origin of the Republic of Moldova who request the status of the authorized exporter, procedure for provision and suspension of this status, and also the right and obligation of the authorized exporter.
2. The authorized exporter is the legal entity registered in the Republic of Moldova, performing commodity export of preferential origin of the Republic of Moldova on customs area of the state and to which the Customs Service provided, according to its written application the right under its own responsibility to declare preferential origin of the exported goods, filling in "the declaration on goods origin" / "the declaration on delivery note" (further – the declaration on origin) which is drawn up according to the procedure described in Items 27-32 of this provision.
3. The status of the authorized exporter is provided to exporters which satisfy the conditions provided by part (1) Article 215-4 of the Customs code of the Republic of Moldova No. 1149/2000.
4. The status of the authorized exporter is not provided to customs brokers.
5. The exporter requesting the status of the authorized exporter submits to Customs Service the statement questionnaire (further - the statement) in which requests provision of the status of the authorized exporter or modification of earlier provided status (according to appendix No. 1 to this Provision).
6. Verified copies of the following documents are enclosed to the application:
1) constituent documents of the applicant - business entity;
2) the agreement based on which commodity export of preferential origin will be performed if those are available;
3) the description of engineering procedure of production of the end products which are subject to export;
4) the evidence of origin which were produced when importing/import of the components and materials placed under preferential customs regime if in case of receipt of the exported goods such components and materials were used;
5) accompanying documents for the export in preferential customs regime of finished goods performed earlier;
6) documents, confirmatory that for materials without origin which are used for production of goods the customs duty was not returned and that all customs duties or duties having equivalent effect, applied to these materials were directly paid, namely: customs declarations, accounts, etc. if the exported goods with availability of origin are received during active conversion on customs area or in the free economic zone;
7) the corresponding proofs concerning the processing or conversion performed outside the Republic of Moldova if those took place;
8) supporting documents, unforeseen in subitems of 1)-7) of this Article, available for the applicant - business entity, confirming information declared in the statement.
7. The application is considered by Customs Service within 30 working days from the date of its registration.
7-1. If it will be determined that the statement does not contain all necessary information, the Customs Service asks the applicant to submit the additional information in time, not exceeding 30 days from date when the applicant was informed on submission of the additional information. The term specified in Item 7, thereof stops. If the applicant does not submit the requested information in time, established for this purpose by Customs Service, the statement is rejected, with informing the applicant.
8. If in the course of consideration the decision on monitoring procedure of economic activity of the applicant is made the Customs Service in writing notifies him on it, stopping the term specified in Item 7 of this provision before the end of audit, but no more than for 10 working days.
9. Concerning statement variation the Customs Service in writing informs the applicant with obligatory specifying of procedure for appeal of the made decision by Customs Service on the motivated decision.
10. In case of adoption of the satisfactory decision, to the applicant the certificate of the authorized exporter is issued (according to appendix No. 2 to this Provision). The certificate of the authorized exporter (further - the certificate) is drawn up in duplicate. One of copies is issued to the applicant, and the second on which reverse side the written confirmation of the applicant about receipt of the certificate by the representative of the authorized exporter is found, certified by the sign and seal of the applicant, remains on accounting of Customs Service.
11. Effective period of the certificate is not limited.
12. In case of failure to carry out by the authorized exporter of the obligations provided by Chapter III of this provision, the Customs Service makes the motivated decision on suspension of the status of the authorized exporter and establishes invalidity from this point of the certificate, in writing informing on it the authorized exporter.
13. The certificate of the authorized exporter can be withdrawn in case of introduction of amendments to the Agreement, in case of change of the current legislation, and also based on the written application of the owner.
14. The authorized exporter has the right to document under own responsibility preferential origin of the exported goods by filling of declarations on origin, irrespective of the cost of these goods.
15. The authorized exporter shall:
1) to provide filling of the declaration on origin only for those goods which correspond to the rules of preferential origin established by Agreement provisions;
2) to provide storage, at least, within 4 years from the date of release of the copy of the document on which the declaration on origin, and also documents which confirm preferential goods origin, exported based on the corresponding declaration is completed;
3) to the 10th following the accounting period to submit the report on documents based on which declarations on origin according to the status of the authorized exporter (appendix No. 3 to this Provision) which will be stored in Customs Service within 3 years from the date of filling of the last declaration included in the report are completed;
4) to inform Customs Service on changes of the name, legal address, production process of goods, contractual relations of commodity export of preferential origin not later than within 10 working days from the moment of change registration, submitting the application specified in Item 5 of this provision together with the documents (or their copies) confirming these changes.
16. In case of the allowance of the application given according to the subitem d) Item 15 of this provision, the Customs Service issues to the authorized exporter the additional certificate of the authorized exporter of the same type which is noted in Item 10 of this provision, with indication of the changes made to the status of the authorized exporter. The same number which has the initial certificate, with addition of text of "SUPLIMENTAR" will be assigned to the additional certificate of the authorized exporter. Effective period of the additional certificate of the authorized exporter begins from the date of its issue.
17. At the request of Customs Service the authorized exporter has the right to provide any document and/or information confirming preferential goods origin, exported based on the declaration on origin.
18. The authorized exporter shall provide, on any request of Customs Service, all conditions necessary for monitoring procedure of productive activity, for the purpose of confirmation of production capacities, and also correctness of establishment of preferential origin of the exported goods.
19. The authorized exporter bears responsibility according to the Customs code of the Republic of Moldova and the Code of the Republic of Moldova about offenses No. 218-XVI of November 24, 2008 for illegal use of the status of the authorized exporter.
20. After registration of a statement, the given business entity requesting the status of the authorized exporter, the division of Customs Service responsible for goods origin shall check:
1) correctness of filling of the statement;
2) observance of conditions of Item 3 this provision;
3) availability/lack of cases of violations by the exporter of rules of goods origin until filing of application;
4) respect for the principle of direct transportation and principle of territoriality;
5) observance of the rule of non-return or not exemption of the customs duties or duties having equivalent effect;
6) the applied criterion of origin;
7) other aspects of activities of business entity connected using rules of goods origin (in case of suspicions concerning correctness of information provided in the statement), including monitoring procedure through audit of activities of the applicant, for the purpose of confirmation of preferential goods origin.
21. The Customs Service, from the moment of provision and until withdrawal of the status of the authorized exporter, provides storage:
1) all documents connected with provision/change / withdrawal of the status of the authorized exporter;
2) correspondences with the authorized exporter;
3) inspection statements of economic activity of the authorized exporter.
22. The documents specified in Item of 21 this provision are stored in archive of Customs Service at least 3 years from the moment of withdrawal of the status of the authorized exporter.
23. The Customs Service keeps electronic account of all business entities of the Republic of Moldova having the status of the authorized exporter by means of the created database in electronic format.
24. The Customs Service exercises control of observance by the authorized exporter of the obligations inherent in the status, according to provisions of Article 185 of the Customs code of the Republic of Moldova.
25. The Customs Service controls use of the certificate the approved exporter and on the basis of risk analysis or results of the subsequent inspections which are carried out within the procedures of the administrative help makes the decision on implementation of the subsequent control of its economic activity.
26. The Customs Service provides carrying out within the procedures of the administrative help of the subsequent verification of the declarations on origin completed with the authorized exporter.
27. The authorized exporter fills in the declaration on origin on any business document (the invoice, delivery note, the act of delivery, other business document) in which the exported goods are described rather in detail that it could be identified, with indication of certificate number.
28. The declaration on origin which text is specified in Item 32 this provision shall be completed according to notes (1) - (5) to this Provision. However there is no need for accuracy to reproduce the text of notes.
29. The declaration is filled in with the authorized exporter in the printed type or by hand on any business document. The declaration can be completed by hand, with use of ink, printing capital letters.
30. The authorized exporter, as a rule, appends the signature on the original of the declaration by hand. However from the authorized exporter it is not required to sign such declarations provided that he will provide to customs authorities the commitment letter (according to appendix No. 4 to this Provision) about acceptance of complete responsibility for any declaration on origin which identifies it as with own hand signed this declaration.
31. The declaration on origin can be provided by the authorized exporter when goods which origin she confirms are already exported or after export provided that it is represented to the importing country not later than 2 years until commodity import which she confirms.
32. The declaration on origin shall contain the following text in languages:
1) English:
"The exporter of the products covered by this document (customs authorization No (1)) declares that, except where otherwise clearly indicated, these products are of (2) preferential origin.";
2) Russian translation:
"The exporter of the goods which are subject of this document (the customs permit No. (1)) - declares that except for case when other is clearly specified, these goods have preferential origin (2): (3) (place and date)
(signature of the exporter. The surname of person signing the declaration shall be written by copy-book)
(1) If the declaration on origin is constituted by the approved exporter, number of resolution of the corresponding exporter shall be specified in this space. If the declaration on origin is not constituted by the approved exporter, words in brackets are missed or the space provided for this purpose remains blank.
(2) the goods origin Is specified. If the declaration on origin fully or partially belongs to the goods occurring from Ceuta and Melilla, the exporter shall note clearly them in the document which contains the declaration, using the SM symbol.
(3) These explanations can be passed if the relevant information contains in the document.
(4) If from the exporter the signature is not required, release from signing also implies release from specifying of surname of the signing person.
to Regulations on the procedure of issue and withdrawal of the certificate of the authorized exporter
The statement – the questionnaire concerning provision/change of the status of the authorized exporter
See the Statement – the questionnaire concerning provision/change of the status of the authorized exporter (40Kb In original language)
to Regulations on the procedure of issue and withdrawal of the certificate of the authorized exporter
Customs Service of the Republic of Moldova
The certificate of the authorized exporter
No. MD/EA/xxxx *
Date of issue _____________
The status of the authorized exporter is given
______________________________________________
(name of business entity)
_____________________________________________
(fiscal code - IDNO)
______________________________________________
(legal address)
which since............................... (number, month, year) has the right to perform preferential commodity export based on the declaration on goods origin according to the Agreement
__________________________________________________________.
(name of the free-trade agreement)
The certificate is valid for preferential commodity export for the following goods items:
1. __________________________________ _________________
(goods item at the level of the first 4 signs) (description of goods)
2. __________________________________ _________________
(goods item at the level of the first 4 signs) (description of goods)
3. ___________________________________ _________________
(goods item at the level of the first 4 signs) (description of goods)
Seal of Customs Service
CEO ...............................................
(Surname, name, signature)
Countersigns:
Head of department, responsible
for goods origin
...................................................
(position; surname, name; signature)
* хххх - consists of 4 figures.
to Regulations on the procedure of issue and withdrawal of the certificate of the authorized exporter
The report on documents based on which declarations on goods origin are completed
Month _______________ year _________________
No. of the Certificate of the authorized exporter
_______________________
|
№. of payment order |
Country appointments |
Goods |
No. and date document / No. and date export declarations |
Cost goods (lei of MD/euro) | |
|
Tariff line item |
Description | ||||
|
1 |
2 |
3 |
4 |
5 |
6 |
Surname, name and signature of the director
business entity _________________________
Surname, name and signature of the employee,
constituted the report _________________________
Seal of the authorized exporter
to Regulations on the procedure of issue and withdrawal of the certificate of the authorized exporter
Obligation
I, the undersigned, declare that I or business entity ______________ accept complete responsibility for any declaration on goods origin which identifies me or business entity as though I with own hand signed this declaration.
Seal of the economic agent
Surname of the legal representative
business entity ___________________________
Position ___________________________
Signature ___________________________
Place and date
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since January 1, 2024 according to Item 1 of the Order of the Government of the Republic of Moldova of February 28, 2023 No. 92