of September 19, 2012 No. 207
About approval "Rules of issue of the competence certificate to specialists in customs clearance, suspension of its action and cancellation"
For the purpose of ensuring execution of subitem 1.1.10 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:
Prime Minister of the Azerbaijan Republic
Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 19, 2012 No. 207
1.1. These rules are prepared according to Articles 25.4 and 26 of the Customs code of the Azerbaijan Republic (further - the Customs code) and determine rules of issue of the competence certificate to specialists in customs clearance, suspensions of its action and cancellation.
1.2. The specialists who received the competence certificate from the State Customs Committee of the Azerbaijan Republic (further - Committee), have rights to perform the operations connected with customs clearance on behalf of the customs broker.
2.1. The physical persons of the Azerbaijan Republic having the higher education can be customs clearance specialists.
2.2. Persons wishing to receive the competence certificate of the specialist in customs clearance (further - the competence certificate), for implementation of the related activity, shall address for this purpose to Committee.
2.3.1. in the field of the customs legislation and customs affairs - about customs procedures, rules and conditions of transportation of goods and vehicles through customs border of the Azerbaijan Republic, types of customs payments, rules of implementation of customs clearance, classification and declaration of goods for the customs purposes according to the commodity nomenclature of foreign economic activity, rules of determination of customs value and the country of goods' origin, rules of carrying out customs and currency exchange control by customs authorities, customs statistics, responsibility for violation of the legislation in the field of customs affairs, about the organization of Customs Service, the status, the rights and functions of officials of customs authorities;
2.3.2. in the field of foreign economic activity and its state regulation - about the conclusion and execution of the external economic transactions, the prices, about insurance and transportation terms, prohibitions and restrictions in foreign trade, including licensing and certification;
2.3.3. about the economic, tax, financial and credit, payment and settlement and currency relations, banking;
2.3.4. about the civil law, the financial law, the international and state law, the criminal law in the part concerning the customs sphere;
2.3.5. about use of electronic information systems of the customs authorities necessary for the specialist for implementation of activities within the rights granted by Committee.
3.1. For issue to the candidate of the competence certificate Committee by test method, with use of modern technologies determines availability of knowledge at it in the areas listed in Item 2.3 of these rules.
3.2. For implementation of activities as the customs broker legal entities address to Committee in written or electronic form behind issue of the competence certificate to their salaried employees with submission of the following documents:
3.2.1. petition of the legal entity;
3.2.2. the statement of the salaried employee of the legal entity on implementation of activities as the customs clearance specialist;
3.2.3. copy of the identity certificate of the employee;
3.2.4. the copy of the employment contract signed between the legal entity and his permanent member of staff and the order on acceptance for work;
3.2.5. verified copy of the state document on the corresponding education of the employee;
3.2.6. the copy of the document confirming type of activity in which the employee is engaged.
3.3. The committee within 5 (five) working days considers the submitted documents and makes the decision on the admission of person to the test.
3.4. In case of detection of shortcoming of the documents listed in Item 3.2 of these rules, the Committee makes the decision on refusal in the admission of the candidate to the test.
3.5. The applicant in the appropriate order is informed on the made decision within 1 (one) working day with appendix to the notice of the copy of the made decision.
3.6. After remedial action in the documents listed in Item 3.2 of these rules, documents which are required for passing by the candidate of the test can be provided to Committee again.
3.7. The competence certificate is issued to the candidates who successfully sustained the test within 5 (five) working days (the form of the competence certificate is given in appendix to these rules).
3.8. In the competence certificate the following data are specified:
3.8.1. full name of Committee;
3.8.2. number of the competence certificate;
3.8.3. name, surname, middle name and the address of the physical person receiving the competence certificate;
3.8.5. effective period of the competence certificate.
3.9. The original of the competence certificate in the single copy is issued to its owner, and the documents confirming issue remain in Committee. In case of spoil or loss of the competence certificate its duplicate is issued to the specialist.
3.10. For issue of the competence certificate collection in the amount of, established by the Cabinet of Ministers of the Azerbaijan Republic is levied.
3.11. Effective period of the competence certificate constitutes 5 (five) years.
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