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 34 CONVEYANCE OF SUPPLIES

Article 286
Content of the Customs Regime for Conveyance of Supplies

1."Conveyance of supplies" - customs regime under which goods intended for use on sea vessels, air crafts and in trains that are used for paid international transportation of passengers, or for paid or free international industrial or commercial transportation of goods; as well as goods intended for sale to crew members and passengers of such sea vessels, air-crafts are conveyed across the customs border without payment of customs duties and taxes, and without application of prohibitions and restrictions of economic nature established in compliance with the normative legal acts of the Republic of Tajikistan.
2.When exporting goods placed under the customs regime for conveyance of supplies, exemption from payment, refund or compensation of domestic taxes shall not be granted, unless otherwise established by the tax legislation of the Republic of Tajikistan.

Article 287
Placement of Goods under the Customs Regime for Conveyance of Supplies

1.The following goods (hereinafter in this Chapter - supplies) may be placed under the customs regime for conveyance of supplies:
- goods required for ensuring normal operations and technical servicing of sea vessels, air crafts and trains en route or in points of intermediary stay or parking (including fuel and lubricants);
- goods intended for use by passengers and crew members on board the sea vessels, air crafts or by passengers and staff of train teams in trains, irrespective whether those supplies are sold or not;
- goods intended for sale to passengers and crew members of sea vessels and air crafts without use of those supplies on board of those vessels and air crafts.
2. Supplies shall be placed under the customs regime for conveyance of supplies irrespective of the country of registration or nationality of sea vessels, air crafts or trains.
3. Spare parts and equipment that are required for ensuring normal operations and technical servicing of sea vessels, air crafts and trains en route or in points of intermediary stay or parking, shall not be allowed to be placed under the customs regime for conveyance of supplies.
4.The customs regime for conveyance of supplies shall apply with regard to supplies when using sea vessels for the purpose of trade navigation, air crafts of civil, state and experimental aviation, except for cases of use of means of transport by natural persons for personal use (Chapter 37).

Article 288
Conditions for Exemption from Customs Duties and Taxes

1. When importing on the customs territory of the Republic of Tajikistan, supplies that are on board of sea vessels and air crafts, import customs duties and taxes shall not be paid provided that those supplies remain on board of those sea vessels and air crafts during their stay on the customs territory of the Republic of Tajikistan.
2. When importing on the customs territory of the Republic of Tajikistan supplies that are on board of trains and that are required for ensuring normal operations and technical servicing of trains, and also intended for use by passengers and staff of train teams, import customs duties and taxes shall not be paid provided that those supplies remain on board of trains during their stay on the customs territory of the Republic of Tajikistan.
3.When placing foreign goods that are intended for sale to passengers and crew members of sea vessels and air crafts without use of those supplies on board of those sea vessels and air crafts under the customs regime for conveyance of supplies, exemption from import customs duties and taxes shall be granted provided that those supplies are sold outside the customs territory of the Republic of Tajikistan taking into account Paragraph 3 of Article 289 of this Code.
4. When exporting from the customs territory of the Republic of Tajikistan of supplies that are on board of sea vessels and air crafts, export customs duties and taxes shall not be paid provided that those supplies are exported in the amount that correspond with the quantity of passengers and crew members, with the duration of the flight and voyage and in the quantity enough for ensuring normal operations and technical servicing of those sea vessels and air crafts taking into account the supplies available on board of those sea vessels and air crafts.
5. When exporting from the customs territory of the Republic of Tajikistan supplies that are required for ensuring normal operations and technical servicing of trains, and also supplies intended for use by passengers and staff of train teams, export customs duties shall not be paid provided that those supplies are exported in the amount that is enough for ensuring normal operations and technical servicing of trains en route, taking into account the supplies available on board of those trains.
6. With the permission of the customs body, supplies may be unloaded and transferred accordingly to other sea vessels, air crafts or trains that perform international transportation of goods and passengers if the conditions stipulated by this Chapter are met.

Article 289
Use of Supplies

1. Supplies that are intended for use by passengers and crew members of sea vessels, and supplies required for ensuring normal operations and technical servicing of those sea vessels, may be used on those vessels during their stay on the customs territory of the Republic of Tajikistan in the amount that corresponds with the quantity of passengers and crew members, and with the duration of the stay, also during repair of vessels in docks, ship-yards or in a ship-repairing factory, if during that time crews do not leave the vessels.
2. When performing planned landing of air crafts in one or several air ports that are located on the customs territory of the Republic of Tajikistan, supplies intended for ensuring normal operations and technical servicing of those air crafts, and supplies intended for use by crew members and passengers during stay of the air crafts at landing points and during flight between the landing points, may be used during stay of the air crafts at the landing points and during flight between the landing points.
3. Supplies intended for sale to passengers and crew members of air crafts without use of those supplies on board of those air crafts, may be sold during stay of the air crafts on the customs territory of the Republic of Tajikistan provided that they are sold on board of those air crafts.
4. Supplies that are intended for use by passengers and staff of train teams, and supplies
that are required for ensuring normal operations and technical servicing of those trains, may be used in those trains en route or in points of intermediary stay or parking on the customs territory of the Republic of Tajikistan in the amount that corresponds with the quantity of passengers and staff of train teams, and with the duration of stay and time en route.
5. Customs authorities shall be entitled to oblige a carrier to take measures required to ensure meeting the requirements for use of supplies stipulated by this Chapter, during stay of sea vessels, air crafts or trains on the customs territory of the Republic of Tajikistan. Upon decision of the customs authority, customs seals and stamps may be put on the premises where the supplies are stored.

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