LAWS OF THE REPUBLIC OF TAJIKISTAN

 

THE CUSTOMS CODE OF THE REPUBLIC OF TAJIKISTAN

SECTION II CUSTOMS PROCEDURES

SUB SECTION 2 CUSTOMS REGIMES
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CHAPTER 30 TEMPORARY EXPORT

Article 252
Content of Temporary Export Customs Regime

1. Temporary exportation shall mean the customs regime under which domestic goods may be used outside the customs territory of the Republic of Tajikistan within a set time period with full conditional exemption from export customs duties and without application of economic prohibitions and restrictions, established in accordance with normative legal acts of the Republic of Tajikistan.
2. In case of temporary export of goods, exemption, refund or reimbursement of internal taxes shall not be provided.

Article 253
Terms of Placement of Goods under the Customs Regime for Temporary Export of Goods

1. Goods shall be placed under the customs regime of temporary export, provided the following requirements are met:
1) identification of goods by customs authorities in their re-import s ensured
2) submission of a document on commitment to re-import goods in compliance with the format determined by the authorized body on customs issues.
3) the payment of export customs duties is secured.
3.The goods prohibited to be exported outside the customs territory of the Republic of Tajikistan by normative legal acts of the Republic of Tajikistan shall not be placed under a customs regime of temporary export of goods.

Article 254
Time Limit for Temporary Export of Goods

1. Th total time limit for temporary import shall be no more than three years.
The time limit for temporary export of goods shall be established by the customs authority at the application of the declarant, based upon the purpose and circumstances of the export, taking into account the provisions of paragraph 2 of this Article.
Upon a well-reasoned request of the declarant, the declared time limit for temporary export of goods is extended taking into consideration of paragraph 2 of this Article, but no longer than one year.
2. With respect to certain types of temporarily exported goods the re-importation of which is mandatory in accordance with normative legal acts of the Republic of Tajikistan, the Government of the Republic of Tajikistan shall establish maximum time limits for temporary export.

Article 255
Application of Export Customs Duties

1. In case of temporary exportation of goods the full conditional exemption from export customs duties shall be provided.
2. If temporary exported goods were not returned, the amounts of export customs duties, calculated based on the customs value of goods and (or) their quantity at the moment of their export, as well as rates of customs duties effective on the day of declaration of goods under customs regime of temporary export shall be paid. The interests of the said amounts shall be paid at the rates established by the tax code of the Republic of Tajikistan, as if with respect to these amounts was given a postponement on the day of placement of domestic goods under the customs regime of temporary export.

Article 256
Termination of the Customs Regime of Temporary Exportation of Goods

1. Temporarily exported goods shall be subject to re-importation to the customs territory of the Republic of Tajikistan no later than the day of the expiration of the time limit for temporary export (Article 254) or shall be declared for other customs regime in accordance with this Code.
2. At the request of the person, who placed the goods under a customs regime of temporary export, the customs authority allows to change the customs regime of temporary export to the customs regime of export in compliance with provisions and requirements stipulated by this Code, except for the case, if in accordance with normative legal acts of the Republic of Tajikistan temporarily exported goods are subject to re-importation to the customs territory of the Republic of Tajikistan.
3. When the rights of ownership with regard to temporarily exported goods have been transferred to a foreign person, the person who temporarily exported the goods shall be obliged to change the temporary export customs regime to the export customs regime, except in the event provided by paragraph 2 of this Article.
4. A change in the temporary export customs regime to the export customs regime applicable to the exported goods shall be allowed without actual presentation of the goods to the customs authority.

Article 257
Responsibility for Payment of Customs Duties

The person, who placed the goods under the customs regime of the temporary export, shall be responsible for payment of customs duties in accordance with paragraph 2 of Article 350 of this Code.

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