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THE CUSTOMS CODE OF THE REPUBLIC OF TAJIKISTAN
SECTION I. GENERAL PROVISIONS
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C H A P T E R 4 PROVIDING WITH INFORMATION AND CONSULTING
Article 22
Obtaining Information on the Reasons for a Decision Made or
an Action (Inaction) Taken by a Customs Authority or by a
Customs Official
1. A person with regard to whom a customs authority
or a customs official made a decision or performed an action
as well as a person with regard to whom no decision was made
or an action to be taken was not taken within the established
time limit, shall be entitled to apply to this customs authority
with a request for information about the reasons and the grounds
for the decision made or an action taken, or about the reasons
for non-decision or non-performance of an action, if this
concerns the rights and lawful interests of the said persons
directly and personally.
2. The request shall be submitted within six months from the
date a decision was made, an action (inaction) took place,
or from the date of expiry of the time limit for the decision
to be made or for an action (inaction) to take place, or from
the date when the person/entity came to know about the decision
made or an action (inaction) taken.
3. The persons concerned may apply with a request for providing
the required information both in oral and in written form.
An oral request for information shall be subject to consideration
by the customs authority on the day of receipt of the said
request. When a written request for information is submitted,
the reply shall be provided in writing within 10 days from
the date the said request was received.
Article 23
Information on Normative Legal Acts in the Area of Customs
Affairs
1. The authorized body on customs affairs and
other customs bodies shall ensure a free and unpaid-for access
to information on the legal acts in the area of customs affairs,
which are currently in effect, including access with the use
of information technologies.
2. Customs bodies shall ensure access to information on legal
acts which are being prepared as well as on changes and amendments
made to the legal acts in the area of customs which have not
yet come into effect, including access with the use of information
technologies, except in cases when a preliminary notification
on the legal acts which are being prepared will prevent proper
exercise of the customs control or will make for the reduction
of its efficiency.
3. The authorized body on customs affairs shall ensure promulgation
in its official publications of the legal acts adopted by
this body as well as of the customs legislation acts and other
normative legal acts of the Republic of Tajikistan in the
area of customs affairs.
Article 24
Consulting on Issues in the Area of Customs Affairs and Other
Issues within the Competence of the Customs Bodies
1. The customs bodies shall provide the
persons concerned with consultation on issues in the area
of customs affairs as well as other issues within the competence
of these bodies. The head of a customs authority (a substitute)
shall appoint customs officials authorized to give consultations.
Information requested by a the person concerned shall be provided
at the earliest possible date but not later than one month
after the date of receipt of the said request for information.
2. Consulting shall be done by customs bodies both in a written
and in oral form free of charge. Upon the request of the person
concerned the customs bodies shall be obliged to provide information
in writing which shall not serve as a basis for making a decision
or taking an action (inaction) by the customs bodies when
performing customs operations with regard to goods and (or)
means of transport.
4. The customs bodies shall not be responsible for losses
incurred as a result of
distortion of the text of a legal act published without their
knowledge and control as well as for the losses caused as
a result of incompetent consultations given by persons who
are not authorized to give them.
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