of December 30, 2014 No. ZR-241
About customs regulation
Accepted by National Assembly of the Republic of Armenia on December 17, 2014
1. Subject of regulation of this Law are the relations connected with movement of goods through border of the Republic of Armenia, their transportation under customs control, temporary storage, customs declaring, release, use of goods according to customs procedures, carrying out customs control, customs payment and also the relations between the customs authorities and faces having rights of possession and (or) uses and (or) orders concerning the specified goods.
2. The purposes of this Law are:
1) ensuring accomplishment by the Republic of Armenia of the international treaties and decisions constituting the contractual legal base of the Eurasian Economic Union (further - the Union) in the field of customs regulation and customs affairs;
2) regulation of the relations relating to customs affairs which are not settled within the international treaties and decisions which are constituting the contractual legal base of the Union, and subject to regulation by the domestic legislation of the Republic of Armenia;
3) ensuring protection of the rights and legitimate interests of persons performing foreign economic activity through frontier of the Republic of Armenia;
4) regulation of the relations connected with customs procedures, customs control, customs payment when moving goods through frontier of the Republic of Armenia;
5) ensuring economic safety of the Republic of Armenia.
3. The relations which are not settled by this Law are regulated within the legislation of the Union and the Republic of Armenia.
1. Customs regulation in the Republic of Armenia according to the Customs legislation of the Union and the legislation of the Republic of Armenia consists in establishment of procedure and rules of implementation of customs affairs.
2. The customs affairs in the Republic of Armenia include procedure and conditions of movement through customs border of the Union, the Republic of Armenia of goods and vehicles, collection of customs payments, customs clearance, customs control and other implementers of customs policy.
3. In the Republic of Armenia the measures of customs and tariff regulation, prohibitions and restrictions affecting foreign trade in goods, provided by the international treaties and other legal acts constituting the contractual legal base of the Union are applied.
4. In the cases and procedure provided by the international treaties and other legal acts constituting the contractual legal base of the Union, the Republic of Armenia unilaterally applies separate measures of customs and tariff regulation, prohibitions and restrictions according to the laws of the Republic of Armenia.
5. Actions of persons for the purpose of the application of prohibitions and restrictions set by the Republic of Armenia unilaterally can be determined by the law of the Republic of Armenia which establishes such prohibitions and restrictions.
1. The management, the organization and supervision over customs affairs in the Republic of Armenia are performed by customs authorities of the Republic of Armenia.
2. According to the Customs legislation of the Republic of Armenia and (or) the Union the higher customs authority performs the functions providing realization of state policy and administration in the field of customs affairs by means of uniform application of the Customs legislation of the Republic of Armenia and the Union in the territory of the Republic of Armenia.
3. The committee of state revenues promotes development of customs policy and performs administration within the competence allocated for the Republic of Armenia.
1. The relations connected with movement of goods through customs border of the Union are regulated according to the Customs legislation of the Union, and in the part which is not settled by the legislation of the Union - according to the legislation of the Republic of Armenia.
2. The relations connected with movement of goods through customs border of the Republic of Armenia are regulated according to this Law, international treaties signed by the Republic of Armenia, the laws and legal acts of the Republic of Armenia.
3. Officially the published agreements and decisions of bodies of the Union constituting the contractual legal base of the Union have direct action in the Republic of Armenia if do not contain requirements for adoption of interstate acts for their application. In the cases provided by the Customs legislation of the Union, the authorized body of the Republic of Armenia has the right to determine procedure for application of acts of the Customs legislation of the Union in the Republic of Armenia according to this Law.
4. If the Customs legislation of the Union establishes the provisions other than the provisions established by this Law, then the Customs legislation of the Union is considered priority, except as specified, when establishment of these provisions the legislation of the Union is referred to the domestic legislation of the Republic of Armenia.
1. In this Law the following basic concepts are used:
commodity importation to the Republic of Armenia - commodity importation and vehicles on the territory of the Republic of Armenia from the territory of state members of the Union or with
the territories of the states which are not members of the Union by means of the actual crossing of frontier;
commodity exportation from the Republic of Armenia - the actual commodity exportation and vehicles from the territory of the Republic of Armenia in the territory of other state members of the Union or in the territory of the states which are not state members of the Union;
commodity exportation from customs area of the Union, including from the territory of the Republic of Armenia - commodity exportation from customs area of the Union on the territory of the states which are not members of the Union by means of crossing of frontier of the Republic of Armenia;
the faces of the Republic of Armenia - the Republic of Armenia, communities, citizens of the Republic of Armenia, persons without citizenship constantly or mainly living in the Republic of Armenia, the individual entrepreneurs and the organizations which received state registration, registered in the Republic of Armenia;
the single account - the single account provided for accounting of cash receipts and their distribution between budgets of budget system of the Republic of Armenia, and also the Union according to the legislation on budget system of the Republic of Armenia;
Goods of private use of the foreign physical person recognized moving on permanent residence to the Republic of Armenia, or the foreign physical person which received the status of the refugee who is compulsorily evicted - the used goods belonging to specified persons (except for vehicles of private use) which are intended for the personal, family, house and other needs of physical person which are not connected with implementation of business activity are acquired about day of issue of the document confirming the fact of recognition of the foreign physical person by person who moved to the Republic of Armenia on permanent residence or the document confirming the fact of obtaining by this person according to the legislation of the Republic of Armenia, the status of the refugee compulsorily evicted persons, and do not exceed the natural sizes established by the Government of the Republic of Armenia, both motor transportation and motor-vehicles being vehicles public, their trail cars in number of no more than one unit of each type which were registered and were in property at that foreign physical person in the country of former residence at least six months about day of issue to physical person of the document confirming the recognition fact moving on permanent residence to the Republic of Armenia, or the availability of the status of the refugee, compulsorily evicted person confirming the fact which was acknowledged-faced, moved to the Republic of Armenia on permanent residence, or received the status of the refugee, compulsorily evicted person in the Republic of Armenia.
goods of private use - the goods provided for personal, family, house and other needs of the physical persons which are not connected with implementation of business activity, and transported through customs border of the Union by the accompanied or unaccompanied baggage, delivery by the international mailings or in a different way;
vehicles - all types of means of transportation used for the purpose of the international movement of passengers and goods through customs border of the Republic of Armenia, including containers and other supportive applications of transportation;
property for private use by the physical persons arriving to the Republic of Armenia to permanent residence - the used objects for private use by physical person, the car for private use and the used household property which have no original packing and labels and were acquired by physical person before its arrival in the Republic of Armenia. At the same time the car for private use before import to the Republic of Armenia within 6 months before removal from accounting shall be last time registered addressed to the physical person arriving to permanent residence to the Republic of Armenia in that country in which person arriving to permanent residence to the Republic of Armenia last time constantly lived about day of arrival of physical person in the Republic of Armenia on permanent residence in sense of this Law;
objects for private use by the physical persons arriving to the Republic of Armenia - the objects used by physical person for private use which do not have original packing, the label and being in the accompanied baggage which natural sizes are determined by the Government;
foreign trade of the Union - the trade performed by state members of the Union with the states which are not members of the Union;
mutual trade of the Union - the trade performed between state members of the Union;
the statistical territory - the territory concerning which collection of statistical data is performed.
2. The concepts used in this Law are applied in the values determined by the Customs legislation of the Union, international treaties constituting the contractual legal base of the Union, both the laws and legal acts of the Republic of Armenia.
1. The customs affairs in the Republic of Armenia are performed by the customs authorities which are law enforcement agencies.
2. Customs authorities of the Republic of Armenia are:
1) committee;
2) customs of committee, including regional and specialized;
3) customs clearance stations of committee, including boundary and specialized.
3. Customs authorities are placed in the places established by the Government.
4. Can be created by the government:
1) specialized customs and customs clearance stations which powers are limited to the powers assigned to customs authorities by the law of the Republic of Armenia on implementation of separate functions and (or) customs clearance of the separate types of goods moved through customs border, including goods moved with certain types of vehicles;
2) regional customs, including specialized which are effective in the regions established by the Government.
1. For conducting examination and research of goods for the purpose of implementation of customs affairs by the Government customs laboratories, research establishments, the centers of development of data and other organizations can be created.
2. For the purpose of implementation of research activities, preparation and retraining of personnel in the field of customs affairs by the Government specialized educational institutions can be created.
1. Customs authorities when implementing activities shall be guided by the following principles:
1) need of respecting the rule of law, equality of persons before the law, their rights and freedoms;
2) need of single management of customs affairs and ensuring professional training of officials of customs authorities;
3) publicity of activities of officials of customs authorities, clearness of the requirements provided by customs authorities for the purpose of implementation of customs control and customs clearance, need of ensuring availability of information on the Customs legislation of the Republic of Armenia and the Union and rules of implementation of external economic activity;
4) need of uniform application in the course of implementation of customs control and customs clearance of the provisions established by the legislation;
5) need of enhancement of customs affairs, assuming as a basis implementation of methods of customs administration by means of use of modern information technologies and the conventional international standards in the field of customs affairs.
1. Customs authorities:
1) is provided by implementation of customs control and customs clearance;
2) promote development of foreign trade, foreign economic relations of the Republic of Armenia;
3) conduct customs statistics of foreign trade, customs statistics of mutual trade and special customs statistics;
4) are provided and control the accuracy of calculation and timely customs duty payment, taxes, the anti-dumping, special and compensatory duties, customs payments, take measures for ensuring payment of unpaid customs payments in the procedure established by the legislation;
5) provide observance of the procedure for transportation of goods and vehicles established by the legislation in the territory of the Republic of Armenia on customs border of the Republic of Armenia and the Union;
6) is provided by observance of prohibitions and the restrictions set by the customs legislation of the Union and the Republic of Armenia;
7) provide assistance to protection by customs authorities of the rights of persons to intellectual property;
8) reveal, prevent and stop crimes and administrative offenses, control of which under the law is referred to competence of customs authorities, perform operational search activities, carry out urgent investigative actions, on cases on administrative offenses in the field of customs affairs (customs offenses) perform administrative production, render assistance in fight against corruption and the international terrorism, counteract the illegal address transported through customs border of the Union and (or) border of the Republic of Armenia of intellectual property items, drugs, psychotropic substances, their precursors, weapon and ammunition, cultural values and other objects;
9) promotes implementation of measures, undertaken for ensuring state security, protection of public order, protection of life and health of the person, animals and plants of environment protection, protection of consumer interests of the goods imported to the Republic of Armenia;
10) exercises control of transportation of goods through customs border of the Union, and also behind the currency transactions connected with commodity import to the Republic of Armenia and their export from the Republic of Armenia according to international treaties of state members of the Union, the foreign exchange legislation of the Republic of Armenia and regulatory legal acts adopted according to them bodies for questions of currency control;
11) by customs authority is protected by interests of producers of domestic goods, provide optimum use of resources of customs authorities;
12) is provided by measures of counteraction of legalization (washing) of the means received in the criminal way to time of control of movement of currency of state members of the Union, securities and (or) currency values, travel checks through customs border of the Union and to financing of terrorism according to international treaties of state members of the Union;
13) is explained by the rights and obligations of persons in the field of customs legal relationship, assist participants of foreign economic activity in implementation of the customs clearance connected with the goods and vehicles performing international carriages;
14) provide execution of the international obligations of the Republic of Armenia connected with customs affairs, cooperate with the customs and other competent authorities of foreign states, the international organizations dealing with issues of customs affairs;
15) are provided to state bodies, the organizations and persons of the data on the questions connected with customs affairs;
16) exercise postholiday and repeated customs control;
17) provide fulfillment of duties and realization of the rights of the Republic of Armenia according to the international treaties connected with customs questions, the organization of meetings and discussions with customs and other competent authorities of foreign states, the international organizations, preparation of joint agreements, agreements, memorandums and other projects, customs administration within international treaties;
18) within the competence is performed by the relevant activities for the purpose of ensuring economic safety of the Republic of Armenia;
19) in the procedure established by the law is performed by licensing of the activities which are subject to licensing, connected with customs affairs and control of mandatory requirements or conditions of the license and their observance;
20) perform methodical management of customs administration and customs procedures;
21) take measures for the purpose of ensuring compliance by persons with the provisions provided by the customs legislation of the Republic of Armenia and the Union and other legal acts, assigned to customs authorities;
22) in the cases provided by the customs legislation of the Republic of Armenia and the Union and other legal acts documents, data require;
23) is checked by identity certificates of persons participating in customs clearance;
24) the documents confirming powers of implementation of the actions established by the law in the field of customs affairs demand from persons;
25) perform video and audio recording, filming and photographing of temporary storage, loading or other actions concerning the goods transported through frontier of the Republic of Armenia, which are under customs control;
26) from state bodies, the organizations and persons is received by the data necessary for implementation of the functions, according to the legislation of the Union and the Republic of Armenia;
27) in the cases and procedure established by the law submit applications to the relevant state bodies:
and. about collection of customs duty, taxes, customs payments, percent and penalty fee;
. about distribution of claim to property for the purpose of customs duty payment, taxes, customs payments, percent and penalty fee;
century about recognition of goods ownerless;
in other cases provided by the customs legislation of the Union, the customs legislation of the Republic of Armenia and other legal acts;
28) stop the vehicle which is subject to customs control and perform survey of goods and the vehicle if there are suspicions that illegal transportations of goods can be performed by this vehicle;
29) within the competence exercise control of calculation, collection and timely transfer in the government budget of the Republic of Armenia of taxes, customs duty, state fee, other obligatory payments established for persons by the legislation of the Republic of Armenia.
Voided according to the Law of the Republic of Armenia of 30.03.2018 No. ZR-264
1. Customs authorities, their vehicles have distinctive mark which is established by the Government.
1. Customs authorities are on the state border check-points of the Republic of Armenia (further - the check point). The places of customs clearance and places provided for officials of customs authorities which are also structural divisions of committee of the Republic of Armenia are considered as the locations of customs authorities.
2. Customs posts and structural divisions of customs at the initiative of persons performing activities in the field of customs affairs, the participants of foreign economic activity performing regular deliveries of goods, the transport and forwarding organizations and the organizations of mail service of the Republic of Armenia can be in the rooms belonging to specified persons according to the decision of the Government.
3. The customs clearance is performed in the places determined for this purpose by committee, in working hours of customs authorities.
4. Working hours of customs authorities are established by committee.
5. At the request of person moving goods and at the expense of the last the customs authority performing customs clearance of goods can make customs clearance in the procedure established by the Government in other place and in off-duty hours of customs authority.
1. Officials of customs authorities are the citizens of the Republic of Armenia borrowing according to the procedure, established by the law of the Republic of Armenia, position of customs officers and Customs Service of the Republic of Armenia.
2. The rights, obligations and responsibility of officials of customs authorities are established by the Customs legislation of the Union, this Law and other laws of the Republic of Armenia.
3. Customs authorities and their officials make decisions, make actions within the competences and according to the Customs legislation of the Union and the legislation of the Republic of Armenia.
1. Legal requirements of customs authorities and their officials are subject to obligatory execution by persons, by the nature of the activities concerning customs affairs.
2. Requirements imposed by customs authorities when implementing customs clearance and control or other customs procedures cannot become obstacle for import, export, release of goods or other activities in the field of customs affairs if they are not directed to implementation of the minimum control necessary for observance of the requirements established by the legislation of the Union and the Republic of Armenia.
3. Non-execution of legal requirements of customs authorities and their officials attracts the responsibility established by the law of the Republic of Armenia.
1. State bodies and their officials shall render within the competences assistance to customs authorities in the solution of the tasks set for them.
2. Customs authorities for the purpose of the implementation of customs affairs and other powers allocated for them by the law and other legal acts cooperate with other persons. Customs authorities in case of import to the Republic of Armenia 8705 Commodity nomenclatures of foreign economic activity of goods classified in goods item 8702, of 8703, of 8704, and (or) the vehicles which are wanted and also with the changed or erased numbers of the engine or identification numbers, or having other signs of plunder shall inform without delay on it Police under the Government.
3. In case of identification by customs authorities of the facts of crimes and (or) administrative offenses for production according to which legislation of the Republic of Armenia is referred to competence of other state bodies customs authorities shall provide without delay information on it to the relevant state bodies.
1. If other is not provided by the law, the committee or the higher official of customs authority according to the procedure of departmental supervision of committee has the right to cancel or change at any time the decision of other customs authority or other more subordinate official of customs authority in the field of customs affairs which is not conforming to requirements of the legislation of the Union and the Republic of Armenia and also to undertake the measures provided by the Customs legislation of the Union and the legislation of the Republic of Armenia on customs affairs concerning the customs authority which made the illegal decision or wrongful acts (failure to act) of the official.
2. In case after cancellation (change) according to the procedure of departmental supervision of the decision of customs authority or the official provided by part of 1 this Article adoption of the new decision in the field of customs affairs is required, such decision according to the Customs legislation of the Union and the legislation of the Republic of Armenia on customs affairs is accepted by the customs authority authorized by committee according to the customs legislation of the Union and the legislation of the Republic of Armenia on customs affairs in the terms established for carrying out customs control.
1. Appeal of acceptance by customs authorities and their officials of decisions, actions or failure to act is performed according to the Customs legislation of the Union and the Law of the Republic of Armenia "About Customs Service".
1. Customs authorities provide:
1) free, free availability and publicity of the Customs legislation of the Union and the Customs legislation of the Republic of Armenia, including also by means of information technologies;
2) placement on the official sites of the drafts of the Customs legislation of the Republic of Armenia and the Customs legislation of the Union, and also information on their changes which did not become effective, except as specified, when such publication can lead to decrease in efficiency of implementation of customs control concerning customs affairs or interferes with its implementation.
1. Persons have the right to request customs authority concerning the reasons of acceptance by customs authorities or their officials of the decision or implementation of action (failure to act) by them if this decision, action or failure to act concerns the rights and legitimate interests of specified persons.
2. The request shall be performed within six months after person knew of the made decision or the performed action (failure to act).
3. Person can make inquiry for receipt of information as in oral form, and paper or electronic type - in the procedure established by the law.
1. Customs authorities provide to persons of explanation on the questions concerning the Customs legislation of the Union and the Customs legislation of the Republic of Armenia.
2. Provision of explanations by customs authorities is performed free of charge, in oral or written form. In case of the written request of person the customs authority shall provide the information in writing.
3. The customs authority does not bear responsibility for misstatement of results of information provided in the form of the published legal acts or explanation or for the legal acts published without maintaining and control of customs authority.
1. Accounting of legal entities in the register of the legal entities (further - the Register) performing activities in the field of customs affairs is performed according to Articles 13, of 19, of 24, of 29, 34 Customs codes of the Union and with Articles 28 and 29, 34 both 35, 38 and 40, 42 and 43, 46 and 47 these Laws.
2. For accounting in the Register the legal entity in paper or electronic type addresses to committee, attaching the documents provided by this Law.
3. For accounting in Registers of organizers of warehouses of temporary storage, organizers of customs warehouses and organizers of duty-free shops the legal entity submits in tax authority the application concerning each territorially isolated room and (or) each territorially isolated open area which are held for use as warehouse of temporary storage, customs warehouse or trade floor of duty-free shop.
4. In the cases provided by parts 2 and 3 of this Article, originals of documents or their signed copies, except for the documents confirming ensuring payment of customs duties and taxes in case of which the original document is submitted to customs authorities can be provided to tax authorities. In case of submission of copies the customs authority can check compliance of copies of these documents to their originals then originals return to person which provided them.
5. The customs authority considers the application for accounting in the Register within 30 days from the date of its obtaining (except as specified, specified in parts 6 and 9 of this Article) and makes the decision on accounting or on refusal in accounting of the legal entity in the Register.
6. In case of failure to provide to customs authority together with the statement for accounting in the Document register, the customs duties confirming ensuring payment, taxes if other conditions for accounting established by the law in the Register are complied, then the customs authority makes the provisional solution on sufficiency of the conditions required for accounting in the Register.
After adoption of the provisional solution about observance of the conditions required for accounting in the Register, the customs authority in the procedure provided by the law within two days notifies the submitted application the legal entity about the provisional solution, and also about need of provision of the documents confirming ensuring payment of customs duties and taxes. The documents confirming ensuring payment of customs duties and taxes are represented to customs authority within 10 days after the notification. The customs authority considers in the Register the legal entity who submitted the statement within 5-day term, after day of receipt of the documents confirming ensuring payment of customs duties, taxes.
7. For the purpose of check of compliance used as warehouse of temporary storage, customs warehouse or duty-free shop of rooms and the territories to requirements and conditions, the established this Law, customs authorities carry out their customs examination.
8. In case of discrepancy of the documents submitted by the legal entity the established law to requirements the customs authority with indication of the bases of discrepancy of these documents the established law to requirements has the right to require other documents confirming the data provided by the legal entity.
9. In the case provided by part 8 of this Article, consideration of the application about accounting in the Register stops before representation by the legal entity who submitted the application, the documents required by customs authority. The legal entity who submitted the application can submit the documents required by customs authority within 10 days.
10. Accounting of the legal entity in the Register proves to be true by means of issue of the certificate on its accounting in the Register, and in case of customs carriers - within three working days after decision making. The document confirming the status of carrier is from hand to hand or otherwise transferred to the head of the legal entity or his authorized representative, marked in the Register about day and the fact of transfer of the certificate. The head of customs authority or its deputy signs the certificate on accounting in the Register and assures seal.
11. Customs authorities, having considered the application of the legal entity for accounting in the Register, can in time, not exceeding term specified in part 5 of this Article to make the decision on statement variation. The head of the legal entity or other authorized representative within two days after adoption of the similar decision is in writing notified on the decision on refusal in accounting in the Register.
12. The customs authority rejects the statement for accounting in the Register if:
1) it agrees to the documents submitted to customs authorities the legal entity does not conform to the requirements established by the Customs code of the Union;
2) the documents provided by this Law were not submitted;
3) data in the documents submitted by the legal entity with the statement do not correspond to the data provided to them.
13. Forms of Registers, accounting of legal entities in Registers, removal from accounting, modification, and also forms of certificates on accounting in Registers of customs representatives, organizers of warehouses of temporary storage, organizers of customs warehouses, organizers of duty-free shops, Authorized Economic Operators and procedure for their filling are determined by committee. The document form, the customs carrier confirming the status, according to item 4 of Article 18 of the Customs code of the Union is established by the decision of the Commission of the Union.
14. For accounting and consideration of the applications about accounting in Registers of persons performing activities in the field of customs affairs, the payment is not levied.
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The document ceased to be valid since October 17, 2022 according to article 337 of the Law of the Republic of Armenia of October 7, 2022 No. ZR-353