PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of May 21, 2016 No. 920

About approval "Rules of use of "Green channel" and other gating systems for transportation of goods and vehicles through customs border"

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, according to the Order of the President of the Azerbaijan Republic "About additional measures in connection with continuation of reforms in customs system" of March 4, 2016 I decide No. 1853:

1. Approve "Rules of use of "Green channel" and other gating systems for transportation of goods and vehicles through customs border".

2. To the Cabinet of Ministers of the Azerbaijan Republic:

2.1. to prepare and provide to two-month time to the President of the Azerbaijan Republic the offers connected with reduction in compliance of the Customs code of the Azerbaijan Republic, other laws of the Azerbaijan Republic and acts of the President of the Azerbaijan Republic;

2.2. in two-month time to provide reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic in compliance with this Decree and to inform the President of the Azerbaijan Republic;

2.3. check reduction of regulatory legal acts of the central executive bodies in compliance with this Decree and in three-months time to inform the President of the Azerbaijan Republic on execution;

2.4. provide financing for creation of the corresponding infrastructure in connection with application of the gating systems provided by the Rules approved by this Decree;

2.5. resolve other issues following from this Decree.

3. To provide to the Ministry of Justice of the Azerbaijan Republic reduction of regulatory legal acts of the central executive bodies and acts of normative nature in compliance with this Decree and to inform the Cabinet of Ministers of the Azerbaijan Republic.

4. To the State Customs Committee of the Azerbaijan Republic in two-month time to take measures for creation of the corresponding infrastructure in connection with application of the gating systems provided by the Rules approved by this Decree.

5. The rules approved by this Decree become effective since August 1, 2016.

Approved by the Presidential decree of the Azerbaijan Republic of May 21, 2016 No. 920

Instructions for use "Green channel" and other gating systems for movement of goods and vehicles through customs border

1. General provisions

1.1. "Instructions for use "Green channel" and other gating systems through customs border" (further - Rules) are developed for movement of goods and vehicles in connection with execution of Item 3.2 of the Order of the President of the Azerbaijan Republic "About additional measures in connection with continuation of reforms in customs system" of March 4, 2016 No. 1853 and govern the relations on simplification of customs clearance of the goods and vehicles moved through boundary customs checkpoints.

1.2. The purpose of these rules is more flexible and transparent implementation of customs clearance and development of the relations the official entrepreneur on the basis of the modern principles of management, including preliminary determination of level of potential danger with use of opportunities of the automated electronic information system (further - electronic system) on the basis of results of risk assessment, further optimization of implementation of forms of customs control according to export-import procedures.

1.3. The evaluating risk and differentiation of importers on risk groups provided in these rules and also all processes connected with implementation of gating systems and measures of customs control are performed by means of electronic system without contact the official entrepreneur.

1.4. The State Customs Committee of the Azerbaijan Republic (further - Committee) at least once a month on the official Website provides the summarized information on use of gating systems in case of the performed foreign trade transactions on risk groups.

1.5. The terms used in these rules mean the following:

1.5.1. "Green channel" - the gating system providing the omission on customs area according to customs procedure without carrying out physical control of goods and vehicles according to the customs control which is carried out based on the short import declaration which is previously shown electronically and results of risks assessment by means of the accomplishment of transactions of informing and registration established by the customs legislation in boundary customs checkpoints;

1.5.2. "Blue corridor" - the gating system providing according to the customs control which is carried out based on the short import declaration which is previously shown electronically and results of risks assessment application of forms of customs control after the omission on customs area of the goods and vehicles moved through boundary customs checkpoint by means of the accomplishment of transactions of informing and registration established by the customs legislation in boundary customs checkpoints;

1.5.3. "Yellow corridor" - the gating system providing according to the customs control which is carried out based on the short import declaration which is previously shown electronically and results of risks assessment verification of presence at the goods and vehicles moved through boundary customs checkpoint, data, documents on paper or electronic carriers including, according to the principle of equivalence established by international treaties which the Azerbaijan Republic, veterinary, phytosanitary, hygienic and other certificates (certificates) issued by the exporting country, the electronic notification on import which is drawn up according to the Law of the Azerbaijan Republic "About safety of foodstuff", the documents confirming safety of foodstuff and fodder products, permission to turnover of goods which civil circulation is limited joined and maintenances by other documents of title, and also application of forms of customs control;

1.5.4. "Red channel" - the gating system providing according to the customs control which is carried out based on the short import declaration which is previously shown electronically and results of risks assessment verification of the data and documents necessary for the customs purposes, and also goods and vehicles and in required cases - persons;

1.5.5. customs control - the measures taken by customs authorities for the purpose of ensuring compliance with the customs legislation;

1.5.6. risk - probability of non-compliance with requirements of the customs legislation;

1.5.7. risk management - identification of risks by data collection, updates of the database, risk analysis, identification of risks by means of regular monitoring of the corresponding processes and their results, assessment of probability of their threat and degree of damage to economic, social and other interests of the state;

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