Cabinet of Ministers of the
Azerbaijan Republic
Decree ¹
160
On regulations
of full or partial release from custom duties and taxes of goods
temporary imported (exported) to the Azerbaijan Republic
Baku, 27 July, 1998
According to Decree of the President of the Azerbaijan Republic
¹ 616 dated 25 July, 1997 «On implementation of
Customs Code of the Azerbaijan Republic» the Cabinet of Ministers of the Azerbaijan
Republic takes decision:
1. To approve «Regulations of full or partial release from custom
duties and taxes of goods temporary imported (exported) to the Azerbaijan Republic»
(enclosed).
2. With the purpose of implementation of the present decree the State
Customs Committee of the Azerbaijan Republic should prepare instructions, duly approve
them and take respective measures.
3. This Decree comes into force from the date of its signing.
Prime-minister of the Azerbaijan Republic
A. RASI-ZADE.
Approved
by Decree of the Cabinet of Ministers
of the Azerbaijan Republic
¹ 160
dated 27 July, 1998
Regulations
of full or partial release from custom duties and taxes of goods
temporary imported (exported) to the Azerbaijan Republic
I. General
1.1 These Regulations have been prepared based on the
Article 71 of Customs Code of the Azerbaijan Republic and specify procedure of full or
partial release from custom duties and taxes of goods temporary imported (exported) to the
Azerbaijan Republic.
2. Full release from payment of customs duties and taxes established
by the legislation of temporary imported (exported) goods
2.1 Imported (exported) goods (excluding goods,
temporary import of which is not admitted) when establishing the period of import (export)
up to 1 year by customs bodies and when submitting the obligation about returning (return
export) of goods after expiration of fixed term are fully released from customs duties and
taxes in the following cases:
2.1.1 when temporary importing goods to customs territory (exporting
from customs territory) of the Azerbaijan Republic (other states) by representative
(branch) offices of foreign legal entities, operating according to current legislation at
the territory of the Azerbaijan Republic (representative (branch) offices of legal
entities of the Azerbaijan Republic at the territory of foreign states) for own use and
arrangement of its activity provided that such goods will not be used for deriving of
income and transferred to another persons for temporary use;
2.1.2 when importing goods by foreign legal and physical entities
(exporting by legal and physical entities of the Azerbaijan Republic) for carrying out of
specific works according to concluded contracts;
2.1.3 when temporary importing (exporting) goods only for demonstration
at fairs, exhibitions, international symposiums and other such events (excluding
exhibitions organized for commercial activity and envisaging production or sale of the
goods) and also for use in organization of specified events;
2.1.4 when importing (exporting) goods for carrying out of research
works in educational and research-educational centers provided that such goods will not be
used for deriving of income and transferred to another persons for temporary use;
2.1.5 when importing goods for temporary transfer to state bodies and
organizations of the Azerbaijan Republic on condition of gratuitous use for liquidation of
consequences of natural calamities and accidents, when importing to the territory of
foreign states for the like purposes;
2.1.6 when importing (exporting) containers for loading of goods and
spare parts for their repair;
2.1.7 when importing (exporting) tare (not disposable) envisaged for
packing of the goods;
2.1.8 when importing (exporting) samples (not more than two pieces) for
demonstration and obtaining of orders with the purpose of deriving the income, on
condition of non-alienation from legal and physical persons;
2.1.9 when temporary importing (exporting) goods for demonstration in
limited amount and advertising materials (catalogues, price-lists and commercial
prospects) not envisaged for sale, if these materials are imported (exported) for one
recipient in one piece or their general weight not exceeds one kilogram;
2.1.10 when temporary importing advertising films (in limited amount),
stipulated for demonstration of properties of the goods if further sale of this films is
not envisaged;
2.1.11 when temporary importing (exporting) goods for carrying out of
tests and demonstration of properties and characteristics, if such use will not be
resulted in deriving of income;
2.1.12 when importing (exporting) medical equipment and accessories
gratuitously transferred for temporary use by medical institutions and being the property
of legal and physical entities;
2.1.13 when temporary importing goods envisaged for sport competitions
and training if further sale of this goods is not stipulated;
2.1.14 when temporary importing (exporting) special clothes, musical
instruments, stage equipment and other requisites, stipulated for theater and circus
performances, concerts and other like events;
2.1.15 when temporary importing (exporting) animals for training,
domestication, reproduction, veterinary treatment, tourism, test, use in rescue
operations, carrying out of other special events and other like measures;
2.1.16 when temporary importing (exporting) cinema- and video-films,
photos for demonstration at photo- and cinema competitions (if such use will not be
resulted in deriving of income).
3. Partial release from payment of customs duties
and taxes established by the legislation of temporary imported (exported)
goods
3.1 After approval of extension of period of import
(export) of the goods, imported (exported) for the purposes, specified in clause 2.1 of
the present Regulations, and also as regards other goods, authorized for temporary import
(export) partial release from payment of customs duties and taxes established by current
legislation may be used.
3.2 After extension of period of import (export) of the goods, imported
(exported) for the purposes, specified in clause 2.1 of the present Regulations or in case
of premature statement according to desire of importer (exporter) of temporary imported
goods in customs regime of issue for free circulation, the rates of customs duties and
taxes, currently in force at the day of declaration in regime of temporary import (export)
and customs value of goods are assumed as a basis.
3.3 In case of partial release from payment of customs duties and
taxes, for each month are paid 3% of the sum of customs duties, taxes (hereinafter –
periodical customs payment) for the day of announced regime of temporary import (export),
which will be liable to payment if goods will be issued under regime of free circulation.
Periodical customs payment are calculated in US dollars with use of
rates of customs duties and taxes current at the day of approval of cargo customs
declaration with announced regime of temporary import (export) and should be paid in
manats at current rate of National Bank of the Azerbaijan Republic.
3.4 Calculated sums of periodical customs payment should be paid within
terms, fixed by respective customs body of State Customs Committee having provided
permission for temporary import (export).
3.5 The registration of periodical customs payments and control over
their payment is to be carried out in an order stipulated for customs duties and taxes.
3.6 Paid sums of periodical customs payments will not be returned in
case of return export or moving of the goods to another customs regime.
3.7 In case of move of temporary imported (exported) goods under
customs regime of issue for free circulation, paid sums of periodical customs payments
will be included into sums of customs duties and taxes, liable to payment in connection
with placing of goods under mentioned customs regime with partial release from payment of
customs duties and taxes.
3.8 In case of provision of deferment of payment of customs charges or
right for payment by installments according to current legislation, for the period of
being the goods under customs regime of temporary import (export) and also for periodical
customs payments are collected percents as per rates, fixed by National Bank of the
Azerbaijan Republic under credits, provided by this bank and they should be transferred in
full amount to the budget.
3.9 The matter of partial release from payment of customs charges in
connection with extended term of temporary import (export) of temporary imported
(exported) goods and also issue of these goods for free circulation is considered in an
order envisaged by State Customs Committee on the basis of documents, provided by
declarant to customs bodies.
3.10 Temporary import of the following goods is not permitted:
consumable materials;
strong drinks, tobacco articles, food products and non-alcoholic
drinks excluding cases of temporary import in one copy for advertisement
and demonstration;
industrial wastes
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Non-official translation