THE CUSTOMS CODE OF THE REPUBLIC OF TAJIKISTAN

SECTION II CUSTOMS PROCEDURES

SUB-SECTION 1 CUSTOMS CLEARANCE
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CHAPTER 11 THE CUSTOMS CARRIER

Article 93
The Customs Carrier

1. A domestic legal entity included in the Register of Customs Carriers may act as a customs carrier.
2. A customs carrier shall convey goods placed under the customs control in cases and on conditions established by this Code.
3. A customs carrier shall be entitled to limit the region of its activities to the activities area of one or several customs bodies.
4. Relations of customs carriers with consignors or with freight-forwarders shall be regulated on a contractual basis. Refusal of a customs carrier to make a contract shall not be permitted, provided that there are acceptable conditions for its signing.

Article 94
Terms for Inclusion in the Register of Customs Carriers

The following shall be the terms for inclusion in the Register of customs carriers:
1) carrying out activities on conveyance of goods within at least two years
2) security of payment of customs levies in accordance with Article 384 of this Code
3) availability of a license for conveying goods, provided that this type of activities is subject to licensing in compliance with legislation of the Republic of Tajikistan
2) possession (under the right of ownership, private economic property, operational management or under lease hold) of means of transport used for conveying goods, including means of transport suitable for conveying goods under customs seals and stamps (Article 84)
3) a liability insurance contract, as the liability may ensue from damage caused to goods entrusted to the carrier under a transportation agreement, or as a result of infringement of obligations that have arisen from the agreement. The insured amount may not be less that 6000 times of the statutory minimum monthly wage.

Note: For the purposes of this Article means of transport used for transportation of goods on the customs territory of the Republic of Tajikistan are also considered as means of transport.

Article 95
Application for Inclusion in the Register of Customs Carriers

1. A legal entity may be included in the Register of customs carriers based on its application, which meets the requirements established by Articles 93 and 94 of this Code.
2. An application for inclusion in the Register of customs carriers shall contain the following information:
1) a request for inclusion in the Register of customs carriers, addressed to the customs bodies
2) information about the name, the organizational and legal form, location, and open bank accounts of the applicant as well as on the amount of the charter (aggregate) capital that has been fully made up, charter fund, or share payments of an applicant
3) information of the time period during which the applicant has been conveying goods
4) information on the applicant's intent to limit the region of its activity to the activity area of one (several) customs bodies or not to limit the region of its activity
5) information on means of transport in possession (the total number, technical specifications) which the applicant intends to use for carrying out activities in the capacity of a customs carrier, including information on means of transport suitable for transportation of goods under customs seals and stamps (Article 84)
6) information about security for payment of customs levies in accordance with Article 384 of this Code
7) information about liability insurance contract(s) of the civil liability of an applicant
3. A license for transportation of goods, if such type of activity is subject to licensing in compliance with legislation of the Republic of Tajikistan, shall be attached to the application for inclusion in the Register of customs carriers, together with the following documents confirming the information provided in the application:
1) foundation documents and a document confirming the fact that a record about the legal entity was made in the Unified State Register of legal entities
2) a certificate of state registration of the legal entity
3) a certificate of the applicant's registration with tax authorities
4) documents confirming the right of ownership of means of transport that are intended for carrying out activities in the capacity of a customs carrier
5) certificates of admission of means of transport for transportation of goods under customs seals and stamps
6) documents confirming the amount of the charter (aggregate) capital that has been fully made up, the amount of the charter fund or share payments of an applicant
7) documents confirming security of payment of customs levies in accordance with Article 384 of this Code
7) documents from banks confirming that the relevant accounts were opened in these banks
8) an insurance policy.

Article 96
Certificate of Inclusion in the Register of Customs Carriers

1. A certificate of inclusion in the Register of customs carriers shall contain the following information:
1) the name of the customs carrier, indication of its organizational and legal form and its location
2) information relating to the size and form of the security of customs levies payable in accordance with Article 384 of this Code
2) indication of the region of activities of the customs carrier (in case the customs carrier limits the region of its activity to the activity area of one or several customs bodies).
2. A certificate of inclusion in the Register of customs carriers shall be valid for three years.

Article 97
Obligations of a Customs Carrier

The customs carrier shall be obliged:
1) to fulfill the terms and requirements stipulated by this Code with regard to transportation of goods placed under the customs control
2) to keep records of goods being transported under the customs control and submit reports on transportation of such goods to customs bodies (Article 405)
3) to pay customs duties and taxes in the case specified by Paragraph 1 of Article 90 of this Code
4) to keep confidentiality of the information received from the consignor, consignee or a freight-forwarder.
Article 98
Withdrawal of a Certificate of Inclusion in the Register of Customs Carriers

The customs body may withdraw a certificate of inclusion in the Register of customs carriers in the following cases:
1) in case of non-compliance by the customs carrier with at least one of the terms for inclusion in the Register of customs carriers stipulated by Article 94 of this Code
2) in case of failure of the customs carrier to fulfill its obligations envisaged by sub-Paragraph 3 of Article 97 of this Code
3) in case of repeated bringing of the customs carrier to administrative responsibility for commitment of administrative violations in the area of customs, related to failure of the customs carrier to fulfill its obligations.

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