CUSTOMS CODE OF THE REPUBLIC OF UZBEKISTAN

In the territory of the Republic of Uzbekistan there can be free customs zones and free warehouses. At the same time the goods placed in them are considered as being outside customs area for the purpose of customs payment, and also for application of measures of economic policy.

Limits of customs area are customs border of the Republic of Uzbekistan (further - customs border).

Article 6. Customs purposes

The customs purposes are:

ensuring compliance with the customs legislation when moving goods and vehicles through customs border, transportation, storage and conversion of goods;

ensuring timeliness and correctness of customs payment;

ensuring compliance with measures of economic policy, requirements and conditions of customs regimes;

suppression and prevention of violation of the customs legislation.

Article 7. Authorized person

Authorized person is the owner of goods and (or) the vehicle or the person having powers concerning goods and (or) the vehicle according to the customs legislation or acting on behalf of the owner based on the relevant agreement or the power of attorney.

Article 7-1. Authorized Economic Operator

The legal entities meeting the relevant requirements established by the legislation can receive the status of Authorized Economic Operator.

The procedure for receipt of the status of Authorized Economic Operator, selection criteria for inclusion in the Register of Authorized Economic Operators and the list of the special simplified customs procedures performed by Authorized Economic Operator are determined by the Cabinet of Ministers of the Republic of Uzbekistan.

The State Customs Committee of the Republic of Uzbekistan keeps the Register of Authorized Economic Operators and provides its placement and updating at least once a month on the official website.

Article 8. Legal entities and physical persons

Legal entity is:

the organization created according to the legislation of the Republic of Uzbekistan;

the foreign organization created according to the legislation of foreign state;

the international organization created according to the legislation of the Republic of Uzbekistan, foreign state or the international treaty.

Physical persons are citizens of the Republic of Uzbekistan, citizens of foreign states, stateless persons, and also the physical persons performing business activity without formation of legal entity (individual entrepreneurs).

Article 9. Shipping documents

Shipping documents are business and transport documents.

The invoice (invoice), shipping and pack lists and other documents which are used when implementing the foreign and other trade activity for confirmation of transactions, the goods connected with movement through customs border belong to business documents.

Treat transport documents the bill of lading, delivery note or other document confirming availability of the transportation agreement of goods and accompanying them in case of such transportation.

Article 10. Steady-state condition of goods

Steady-state condition of goods is safety at the time of completion of action of customs regime of all its properties in the same amounts which took place when placing goods under this customs regime, except for of the changes which happened owing to natural wear or its transportations and (or) storages decreased under normal conditions.

Article 11. Regulation of exit of products of conversion

Regulation of exit of products of conversion is the quantity of products of conversion received according to production process from one unit of quantity of the goods used in the course of conversion in absolute value or in percentage terms.

Article 12. Transactions on ensuring safety of goods

On ensuring safety of goods treat transactions:

cleaning, airing, drying, including with creation of inflow of heat;

creation of optimum temperature condition of storage, including chilling, freezing, heating;

the room in protective packaging, putting protective lubricant and preservatives;

coloring for protection against rust, introduction of safety additives;

drawing corrosion-resistant coating.

Proceeding from specifics of goods other transaction types according to the legislation also can be carried to transactions on ensuring safety of goods.

Article 13. Goods and vehicle

Goods is any personal estate moved through customs border including national currency of the Republic of Uzbekistan, currency values and other securities, electric, thermal and other types of energy, intellectual property items, the vehicle, except for the vehicle specified in part four of this Article.

Goods of Uzbekistan are the goods coming from the Republic of Uzbekistan or the goods issued for free circulation on customs area or which acquired the status of that according to this Code.

Foreign goods are the goods which are not specified in parts two of this Article, and also goods which acquired the status of foreign goods according to this Code.

The vehicle is the means used for transportation of goods and passengers. The vehicle includes any water vessel, the aircraft, the vehicle, the rail vehicle (railway rolling stock, unit of railway rolling stock) or container, and also spare parts, accessories and the equipment, the fuels and lubricants cooling and other technical liquids containing in filling reservoirs, provided in technical data sheets or technical forms according to their design if they are transported together with these vehicles.

Article 14. Force majeure

Force majeure are the contingencies extraordinary and impreventable under existing conditions caused by the natural phenomena (earthquakes, landslides, hurricanes, droughts etc.) or other circumstances which are not depending on will and actions of legal entities and physical persons in connection with which they cannot fulfill undertaken obligations.

Article 15. Other concepts applied in this Code

Other concepts applied in this Code:

the customs broker - the legal entity of the Republic of Uzbekistan who according to the order and on behalf of the customs applicant or the authorized person makes transactions on customs clearance based on the agreement;

customs affairs - set of methods and the means of ensuring of observance of the customs legislation allocated for achievement of the economic, regulating and law-enforcement targets;

customs escort - maintenance by customs authorities under customs control of vehicles;

customs transaction - the action concerning goods and vehicles made by the official of customs authorities and (or) the authorized person in case of customs clearance of goods and vehicles;

customs regime - set of the provisions determining the status of goods and vehicles for the customs purposes, moved through customs border;

customs procedure - set of the customs transactions made for the customs purposes;

the customs applicant - person declaring goods and (or) vehicles from own name or on behalf of which goods and (or) vehicles are declared;

declaring - the statement to customs authorities of necessary data on the goods and (or) vehicles moved through customs border and (or) which are under customs control;

measures of economic policy - import restriction on the customs area and export from this territory of goods and (or) vehicles including quoting, licensing, and also other measures of regulation of interaction of national economy with the world economy;

carrier - the person transporting the goods which are under customs control, or being responsible for use of the vehicle;

batch - the goods or its part following to one receiver according to one transport document or sent on one post delivery note or moved in hand luggage and baggage of one physical person following through customs border;

movement through customs border of goods and (or) vehicles - import to customs area or export from this territory of goods and (or) vehicles;

free circulation of goods - turnover of goods on customs area without the established prohibitions and restrictions;

release of goods - the action of customs authorities completing customs clearance and consisting in assumption to use and dispose of goods proceeding from conditions of the declared customs regime;

cargo operations - transportation, loading, unloading, overload, correction of damages of packaging, packaging, repacking and acceptance for transportation of the goods and (or) vehicles which are under customs control;

The single automated information system of the State Customs Committee of the Republic of Uzbekistan (information system of customs authorities) - the automated system of the State Customs Committee of the Republic of Uzbekistan providing input, accounting and monitoring of documents and data on the goods and vehicles moved through customs border for implementation of their customs control.

Chapter 3. Movement of goods and vehicles through customs border

Article 16. Conditions of movement of goods and (or) vehicles through customs border

Treat the actions which are directly directed to movement of goods and (or) vehicles through customs border:

entrance (entrance) to the customs control zone of the physical person crossing customs border;

entrance of the vehicle to the check point through Frontier of the Republic of Uzbekistan for the purpose of crossing of customs border;

transfer of goods to transport organizations or operators and providers of mail service of the international post and express departures for the direction on customs area or departures out of limits of this territory;

the actions of physical person directed to the actual crossing of customs border by goods and (or) vehicles out of the places established according to the legislation.

Conditions of commodity importation and (or) vehicles on customs area are the actual crossing of customs border and making of all subsequent actions with goods and (or) vehicles before their release by customs authorities provided by this Code.

In case of commodity importation and (or) vehicles the carrier shall deliver them to customs area to the location of customs authority of appointment or other place in terms, stipulated in Clause the 218th of this Code. At the same time change of condition of goods or violation of their packaging, and also damage of the imposed seals, seals and other means of customs identification are not allowed.

Conditions of commodity exportation and (or) vehicles from customs area is submission of the customs declaration or making of other actions specified in part one of this Article which are directly directed to commodity exportation and (or) vehicles from this territory and also all subsequent actions provided by this Code with goods and (or) vehicles before the actual crossing of customs border by them.

Commodity exportation from customs area is allowed after their room under the corresponding customs regime applicable to exported goods according to this Code. Goods and (or) vehicles cannot be exported from this territory without carrying out customs control. Customs control can be carried out by customs authority based on the prior notice of carrier of intention to export goods and (or) vehicles.

Movement through customs border of national currency of the Republic of Uzbekistan and currency values is performed according to the legislation.

Article 17. Notification of customs authorities on import (export) of goods and (or) vehicles

In case of commodity importation and (or) vehicles on customs area the carrier shall notify customs authority on crossing of customs border.

The carrier or other interested person has the right to provide to customs authority the preliminary information about goods and (or) vehicles before their actual arrival on customs area.

In the cases provided by international treaties and (or) the legislation of the Republic of Uzbekistan, the carrier or other interested person shall provide to customs authority the preliminary information about goods and (or) vehicles before their actual arrival on customs area.

In case of commodity exportation and (or) vehicles out of limits of customs area person moving goods and (or) vehicles notifies previously customs authorities on intention to export these goods and (or) vehicles. The customs authority fixes time and the place where goods and (or) vehicles shall arrive for implementation of customs clearance. If person moving goods and (or) vehicles does not make the specified notification, then such obligation is assigned to carrier.

When crossing customs border the notification of customs authority is made by representation of goods and (or) vehicles, shipping documents on them to the customs authority located at the check point through customs border.

Customs authorities have no right to refuse adoption of the documents provided by part five of this Article.

The notification on movement through customs border of goods and on power lines is performed by pipeline transport according to Chapter 25 of this Code.

Requirements of this Article are not applied to river and to the aircrafts crossing customs area without stopping in river port or the airport, located in the territory of the Republic of Uzbekistan.

Article 18. The documents submitted in case of commodity importation and (or) vehicles on customs area

In case of commodity importation and (or) vehicles on customs area the carrier shall provide to customs authority:

1) in case of international delivery by the vehicle:

a) the documents relating to the vehicle:

the registration certificate of the vehicle according to the Convention on traffic (Vienna, on November 8, 1968);

permission of authorized body for entrance, departure and transit of foreign vehicles on the territory of the Republic of Uzbekistan in the cases provided by international treaties of the Republic of Uzbekistan;

the certificate on vehicle assumption to international delivery of loads under customs seals and seals according to requirements of the Customs convention about international delivery of loads using the book of MDP (Geneva, on November 14, 1975), in case of transportation of goods using books of the international road carriages (further - MDP);

the certificate on vehicle assumption to transportation of perishable products, in case of perishable traffic;

the certificate on the admission of the vehicle to transportation of dangerous goods, in case of transportation of dangerous goods;

b) the documents relating to goods:

commodity-transport delivery note according to requirements of the Convention on the Contract for the International Carriage of Goods by Road (Geneva, on May 19, 1956);

the book of MDP according to the Customs convention about international delivery of loads using the book of MDP (Geneva, on November 14, 1975), in case of transportation of goods using books of MDP;

business documents;

the documents determined by acts of Universal Postal Union for support of the international mailings;

c) data which shall contain in the documents provided by subitems "an" and "b" of this Item:

name and postal address of carrier;

the place (country) of acceptance of goods for transportation and the place (country) intended for delivery;

name of the country of departure and country of destination of goods;

name and postal address of the sender and receiver of goods;

the name and commodity codes according to the Harmonized commodity description and coding system of World Customs Organization at the level of at least six signs, except for the international post and express departures;

gross weight of goods (in kilograms) and invoice cost of goods on each specified commodity code;

quantity of cargo pieces;

identification numbers of containers;

2) in case of international delivery by water transport:

a) documents:

general declaration;

the declaration on goods;

declaration on ship supplies;

declaration on personal belongings of crew of the vessel;

muster roll;

passenger manifest;

transport documents;

business documents;

the documents determined by acts of Universal Postal Union for support of the international mailings;

b) data which shall contain in the documents provided by the subitem "an" of this Item:

registration number of the vessel and its national identity;

name of the vessel;

surname of the captain;

surname and address of the shipping agent;

the number of passengers on the vessel, their surnames, names, nationality (citizenship), birth date and birth place, port of landing and disembarkation;

quantity and list of crew members;

name of dispatching port and port of call of the vessel;

the name and commodity codes according to the Harmonized commodity description and coding system of World Customs Organization at the level of at least six signs, except for the international post and express departures;

gross weight of goods (in kilograms) and invoice cost of goods on each specified commodity code;

quantity of cargo pieces;

name of shipping port and debarkation port of goods;

numbers of the bills of lading or other documents confirming availability and contents of the contract of maritime (river) transport for the goods which are subject to unloading in this port;

the name of the debarkation ports remaining onboard goods;

the name of the ship supplies which are available on the vessel with indication of their quantity;

the description of placement of goods on the vessel;

3) in case of international delivery by air transport:

a) documents according to the Convention on international civil aviation (Chicago, on December 7, 1944):

general declaration;

load sheet;

air freight bill;

the business documents attached to the air waybill. In transit goods the specified documents are submitted by batches to the first batch;

the documents determined by acts of Universal Postal Union for support of the international mailings;

b) data which shall contain in the documents provided by the subitem "an" of this Item:

specifying of signs of national identity and registration signs of the aircraft;

number of flight, specifying of route of flight, Item of departure, aircraft destination;

name of the operator of the aircraft;

number of crew members;

the name and commodity codes according to the Harmonized commodity description and coding system of World Customs Organization at the level of at least six signs, except for the international post and express departures;

number of the air freight bill, the number of places according to the air waybill and in batch;

name of the points of departure and purpose of goods;

quantity of the onboard supplies loaded aboard the taking-off vessel (quantity of units and the name of each goods);

availability onboard the aircraft of the international post and express departures;

gross weight of goods (in kilograms) and invoice cost of goods on each specified commodity code;

4) in case of international delivery by railway transport:

a) documents according to the Agreement on the international railway freight traffic (on November 1, 1951):

shipping documents;

the transfer sheet on railway rolling stock;

the documents determined by acts of Universal Postal Union for support of the international mailings;

b) data which shall contain in the documents provided by the subitem "an" of this Item:

name and postal address of the sender of goods;

name and postal address of the receiver of goods;

name of station of origin and station of destination of goods;

the name and commodity codes according to the Harmonized commodity description and coding system of World Customs Organization at the level of at least six signs, except for the international post and express departures;

gross weight of goods (in kilograms) and invoice cost of goods on each specified commodity code;

quantity of cargo pieces;

identification numbers of containers.

The documents specified in part one of this Article are represented to customs authorities in the state language or other languages applied in case of international carriages. The documents submitted in other languages applied in case of international carriages, if necessary, shall be translated into state language, certified by carrier.

Concerning goods and (or) vehicles which import to the territory of the Republic of Uzbekistan requires receipt of documents of allowing nature the customs authority independently checks availability of such document in information system of customs authorities.

In case of commodity importation and (or) the customs authority has no right to require vehicles on customs area other documents and data, except those which are provided by this Article.

Article 19. The documents submitted in case of commodity exportation and (or) vehicles from customs area

In case of commodity exportation and (or) vehicles from customs area the carrier shall submit to customs authority the customs declaration or other document allowing them export from customs area and also documents and data, stipulated in Article the 18th of this Code, depending on mode of transport on which it is transported goods.

Article 20. The place and time of movement of goods and (or) vehicles through customs border

Movement through customs border of goods and (or) vehicles in case of their import to customs area and export from this territory is allowed at check points through customs border and is performed in working hours of customs authorities, with stop of vehicles in specially established places. In case of non-compliance with the specified requirement customs authorities perform forced stop of these vehicles.

Check points through customs border are the following specially equipped places through which import or commodity exportation are performed:

when moving by air transport - airport of destination (departures) or the first (last) airport on customs area at which the aircraft transporting goods makes landing (take-off) and makes unloading (loading) of goods;

when moving by river transport - the first (last) river unloading port (loadings) or river port of overload on customs area;

when moving by pipeline transport and on power lines - the installation sites of metering devices approved with the State Customs Committee of the Republic of Uzbekistan;

when moving by other modes of transport which are not provided in paragraphs second and third part two of this Article - the first (last) customs authority along the line.

Places of dislocation of check points through customs border, working hours of customs authorities, places of stops and parking of vehicles, duration of their parking, and also designation of the specified places at check points are determined by the State Customs Committee of the Republic of Uzbekistan in coordination with the relevant authorized bodies and the organizations.

Places of dislocation of check points on customs border in places of its coincidence to Frontier of the Republic of Uzbekistan are determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Duration of the parking of vehicles cannot be reduced to the detriment of interests of customs control and customs clearance.

Departure of vehicles from the established places of their stop and the parking is made after completion of necessary customs procedures.

Movement of goods and (or) vehicles through customs border out of the established places can be performed according to the decision of the Cabinet of Ministers of the Republic of Uzbekistan.

Provisions of this Article do not extend to the goods transported river and the aircrafts crossing customs area without stopping in river port or the airport, located in the territory of the Republic of Uzbekistan.

Customs authorities shall provide in accessible form information on check points through customs border, about the established prohibitions and restrictions, and also about working hours of customs authorities.

Article 21. Customs control and customs clearance

The goods and vehicles moved through customs border are subject to customs control and customs clearance.

Customs control is set of the measures performed by customs authorities including with use of risk management system, for ensuring compliance with the legislation and international treaties of the Republic of Uzbekistan.

Customs clearance is set of the customs operations performed by officials of customs authorities for ensuring customs control over the goods and vehicles moved through customs border.

When implementing customs control and customs clearance customs authorities and their officials have no right to establish prohibitions and restrictions, not stipulated by the legislation.

Article 22. Conditionally released goods

Conditional release is the release of goods integrated to obligations of person about observance of the established requirements and conditions.

Goods are considered as conditionally issued:

a) use and the order which it is limited in connection with provision of privileges on customs payment;

b) placed under customs regimes of duty-free trade, conversion on customs area, temporary import, customs transit;

c) concerning which customs payments on the basis of determination of arbitrary customs value were paid;

d) concerning which customs payments in the form of periodical customs payments will be paid;

e) concerning which necessary documents (except for documents of allowing nature) and data are not submitted;

e) the delays which are drawn up according to customs regime of release for free circulation (import) with provision or payments by installments of customs payment;

g) issued before submission of the cargo customs declaration, and also placed in the corresponding customs regime with execution of the preliminary, temporary, incomplete or periodic cargo customs declaration.

The conditionally released goods specified in the Item "and" of part two of this Article shall be used only for the purpose of, the privileges corresponding to conditions of provision on customs payment. In case of use of such goods in other purposes within three years from the moment of their conditional release, the provided customs privileges are cancelled with recovery of the obligation on customs payment.

The conditionally released goods specified in the Item "d" of part two of this Article are prohibited to use, transfer to the third parties, including by their sale or other alienation in a different way if these goods require receipt of not provided certificate of conformity or sanitary and epidemiologic conclusion, and in cases if import restrictions of the specified goods are set in connection with quality check and safety of these goods, are prohibited to use (operation) in any form.

Goods are considered conditionally issued before accomplishment of obligations under the terms of such release if other is not stipulated by the legislation.

Article 23. Restrictions for movement of goods and vehicles through customs border

Restrictions for movement of goods and (or) vehicles through customs border can be established proceeding from the international obligations, need of protection of the domestic market, and also as response measure on the discrimination or another, infringing interests of the Republic of Uzbekistan actions of foreign states and their unions according to the legislation. The expenses which arose at person moving goods or at carrier in connection with introduction of the specified restrictions are not compensated by customs authorities.

Article 24. Prohibition of import and commodity exportation and vehicles

Import to the territory of the Republic of Uzbekistan and export from this territory of separate goods and (or) vehicles can be prohibited for the purpose of ensuring state security, protection of public order, life and health of the person, environmental protection, preserving national and cultural wealth, protection of cultural values of the people of the Republic of Uzbekistan and other countries, the property right, including to intellectual property items, consumer interests of imported goods, and also proceeding from other interests of the Republic of Uzbekistan according to the legislation and international treaties of the Republic of Uzbekistan.

The goods and (or) vehicles prohibited to import and export are subject to immediate export out of limits of customs area - in case of their import or to return on customs area - in case of their export if other is not stipulated by the legislation or international treaties of the Republic of Uzbekistan.

Export or return of goods, and also cargo operations are made by person moving goods or carrier.

If the goods are immediately not exported or not returned, then it is subject to the room under customs regime of temporary storage at the expense of person moving goods or carrier on customs warehouse which owner is the customs authority, or in customs control zones. The deadline of storage of such goods constitutes three days if other term is not stipulated by the legislation concerning separate types of goods. The order is made by the specified goods after this term according to the procedure applicable to the goods which are subject to the address to the income of the state.

Section II. Customs regimes

Chapter 4. General provisions

Article 25. Types of customs regimes

Depending on the purposes of movement of goods through customs border their customs clearance is made according to the following types of customs regimes:

1) export;

2) re-export;

3) temporary export;

4) outward processing;

5) release for free circulation (import);

6) reimport;

7) temporary import;

8) conversion on customs area;

9) temporary storage;

10) customs warehouse;

11) free warehouse;

12) free customs zone;

13) duty-free trade;

14) customs transit;

15) destruction;

16) refusal for benefit of the state.

Article 26. Choice and change of customs regime

Movement of goods through customs border involves obligation of authorized persons to place goods under one of customs regimes and to comply with requirements and conditions of this customs regime.

The authorized person has the right to choose any customs regime or to change it to other customs regime irrespective of nature, quantity, country of source or purpose of goods and vehicles.

The chosen customs regime is declared by the customs applicant in the customs declaration which moves to customs authority for implementation of customs clearance.

Article 27. Withdrawal of the goods which are under customs regime

The goods which are under customs regime can be withdrawn in accordance with the established procedure in case of violation of the law.

In case of withdrawal of the goods which are under the corresponding customs regime, this customs regime is suspended from the date of, the withdrawal following behind day, and renews from the date of, the entry into force of the resolution (decision) following behind day which does not provide the address of these goods to the income of the state.

For the period suspensions of action of customs regime the periodical customs payment is not paid if the withdrawn goods were placed under customs regime of temporary import with payment of periodical customs payment.

Customs regime it shall be terminated within fifteen working days from the date of, the entry into force of the relevant resolution (decision) following behind day on the case of violation of the customs legislation in cases if:

withdrawal of goods is connected with non-compliance with requirements and conditions of customs regime which attracts impossibility of its further application;

involvement of physical person to administrative or criminal liability is connected with non-compliance with requirements and conditions of customs regime which attracts impossibility of its further application.

Article 28. Persons responsible for observance of requirements and conditions of customs regime

Responsibility for observance of requirements and conditions of customs regime carries person which placed goods under the corresponding customs regime.

Responsibility in case of issue of goods in addition to customs control or loss of the goods placed under customs regimes of temporary storage, customs warehouse or free warehouse bears:

the owner of customs warehouse, if the goods were under customs locks;

person who placed goods under customs regime of customs warehouse in the warehouses and other places which are not customs warehouse - if the goods were in such places;

the owner of free warehouse, if the goods were in free warehouse.

The carrier is responsible for observance of requirements and conditions of customs regime of customs transit.

The owner of duty-free shop is responsible for observance of requirements and conditions of customs regime of duty-free trade.

Chapter 5. Export

Article 29. Customs regime of export

Customs regime of export - the mode in case of which the goods of Uzbekistan are exported out of limits of customs area without obligation of its return import.

The goods placed under customs regime of export and actually exported from customs area lose the status of goods of Uzbekistan.

Article 30. Requirements and conditions of the room of goods under customs regime of export

Requirements and conditions of the room of goods under customs regime of export are customs payment and observance of measures of economic policy.

The room of goods under customs regime of export can be performed with observance and other requirements and conditions according to the legislation.

The goods issued according to customs regime of export shall be actually exported from customs area in the same condition in which it was on the date of registration of the customs declaration, except changes of condition of goods owing to natural wear or its transportations and (or) storages decreased under normal conditions.

Article 31. The documents necessary for the room of goods under customs regime of export

The list of the documents necessary for customs clearance in relation to customs regime of export, is established by the Cabinet of Ministers of the Republic of Uzbekistan.

Concerning goods which export is performed in the presence of the relevant documents of allowing nature the customs authority independently checks availability of such documents in information system of customs authorities.

Chapter 6. Re-export

Article 32. Customs regime of re-export

Customs regime of re-export - the mode in case of which the goods or product of conversion of the goods placed under customs regime of conversion on customs area which are earlier imported on customs area are exported from customs area without payment of customs duties and taxes, without application to goods of measures of economic policy, and in cases, stipulated in Clause the 35th of this Code, - with return of the amounts of the customs duties and taxes paid in case of its import.

The actual export from customs area of the goods placed under customs regime of re-export is performed no later than six months from the date of adoption of the customs declaration.