THE CUSTOMS CODE OF THE REPUBLIC OF TAJIKISTAN

SECTION II CUSTOMS PROCEDURES

SUB-SECTION 1 CUSTOMS CLEARANCE
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C H A P T E R 9 ENTRY OF GOODS TO THE CUSTOMS TERRITORY OF THE REPUBLIC OF TAJIKISTAN

Article 69
Location and Time of Entry of Goods and Means of transport into the Customs Territory of the Republic of Tajikistan

1. Delivery of goods and vehicles to the customs territory of the Republic of Tajikistan shall be allowed at checkpoints at the national frontier of the Republic of Tajikistan established in compliance with the legislation of the Republic of Tajikistan, during the official business hours of the customs bodies (Article 466). In other places goods and means of transport may arrive into the customs territory of the Republic of Tajikistan in compliance with normative legal acts of the Republic of Tajikistan.
The Government of the Republic of Tajikistan shall be entitled to establish checkpoints at the national border of the Republic of Tajikistan for delivery of certain categories of goods to the customs territory of the Republic of Tajikistan.
2. After crossing the customs border the carrier shall be obliged to deliver goods and means of transport imported to the admission checkpoint or places specified in Paragraph 1 of this Article (points of delivery), and to present them to the customs bodies. Altering the condition of goods or breaking the integrity of their packaging at that, as well changing, removal, destruction or damaging seals, stamps and other means of identification put on goods or attached to them shall not be permitted.
3. The customs bodies shall be obliged to provide information in a common language about admission checkpoints at the national border of the Republic of Tajikistan, restrictions imposed thereupon, and about the official business hours of the customs bodies.
4. The provisions of this Article shall not be applicable to goods conveyed by marine, internal water vessels and aircraft crossing the customs border of the Republic of Tajikistan without stopping at a port or airport located on the customs territory of the Republic of Tajikistan.

Article 70
Measures to Take in Case of Accident, Force Majeure and Other Circumstances

1. In cases when delivery of goods from the point of crossing the customs border to the point of delivery is interrupted, as well as when a marine, internal water vessel or aircraft force-lands on the customs territory of the Republic of Tajikistan due to accident, force majeure or other circumstances impeding delivery of goods or landing at designated locations, the carrier shall be obliged to take all measures to ensure the safety of goods and vehicles, to report the circumstances and location of the goods to the nearest customs authority immediately thereon, and to transport the goods or to make arrangements for their transportation (if the carrier's vehicle is damaged) to the nearest customs authority or to another location specified by the customs authority.
2. The customs authorities shall not reimburse expenses borne by carriers or by other persons as a result of fulfillment of the requirements of this Article.

Article 71
Prior Notification of the Customs Bodies on Delivery of Goods and Vehicles into the Customs Territory of the Republic of Tajikistan

Administration of a checkpoint at the national frontier of the Republic of Tajikistan (management of an airport, airdrome, river port, railway station, or station) shall notify the customs bodies on the location and time of arrival of vehicles to the check-point of admission via the national frontier of the Republic of Tajikistan in advance, using the procedures agreed upon by the administration of the said check-point of admission and by the customs bodies in compliance with normative legal acts of the Republic of Tajikistan.

Article 72
Submission of Documents and Data upon Delivery of Goods and Means of transport into the Customs Territory of the Republic of Tajikistan

1. Upon delivery of goods and means of transport to the customs territory of the Republic of Tajikistan the carrier shall be obliged to submit documents and data stipulated by Articles 73 - 76 of this Code to the customs bodies, depending on the type of transport used for the international transportation.
The authorized body on customs affairs shall be entitled to shorten lists of data stipulated by Articles 73 - 76 of this Code. The customs bodies shall not be entitled to demand presentation of other information from the carrier.
If documents stipulated by Articles 73 - 76 of this Code do not contain all the necessary information, the carrier shall be obliged to provide the lacking information to the customs bodies by way of presenting other documents available with the carrier or additional documents drawn up by the carrier in an arbitrary form.
2. The carrier shall be entitled to submit documents and data to the customs bodies prior to the actual delivery of goods and means of transport to the customs territory of the Republic of Tajikistan.
3. The carrier shall be entitled to submit documents (part of documents) electronically in compliance with this Code and using the procedures established by the authorized body on customs affairs.
4. When the carrier submits documents made in foreign languages, in case of need the customs bodies shall be entitled to demand translation to the state language or language of international communication of only those information, which are stipulated by Articles 73 - 76 of this Code.
5. On behalf of the carrier documents and data may be submitted by any other person/entity acting on his/her/its behalf.

Article 73
Documents and Data Presented During International Transportation by Motor Transport

1. During international transportation by motor transport the carrier shall provide the following information to the customs bodies:
1) information on the state registration of the vehicle
2) the name and address of the carrier of goods
3) the name of the country of departure and the country of destination of goods
4) the name and address of the consignor and the consignee of goods
5) information on the seller and the buyer of goods in compliance with commercial documents available with the carrier
6) information on the number of cargo items, their marking and the types of packaging of goods
7) the names and codes of goods in compliance with international requirements to commodity description and encoding on the level of at least the first four digits
8) gross weight of cargoes (in kilograms) or the volume of goods (in cubic meters), except for large-size cargoes
9) information on the availability of goods prohibited or restricted for importation onto the customs territory of the Republic of Tajikistan
10) information on the place and date of making the international invoice and motor waybill.
2. The carrier shall provide information specified in Paragraph 1 of this Article by way of submitting the following documents to the customs bodies:
1) documents for the vehicle
2) international invoice and motor waybill
3) commercial documents for the carried goods available with the carrier.

Article 74
Documents and Data Presented during International Transportation by Marine and (or) Internal Water Transport

1. During international transportation by marine and (or) internal water transport the carrier shall provide the following information to the customs bodies:
1) information on registration of a vessel and on its national identity
2) the name and description of the vessel
3) the family name of the captain
4) the family name and address of a ship agent
5) information on the number of passengers on the vessel, their first names, family names, nationality (citizenship), dates and places of birth, the name of the port of boarding and disembarkation
6) information on the quantity and composition of crew members
7) the name of the port of departure and the port of call of the vessel
8) the names, total quantity and description of goods
9) information on the number of cargo items, their marking and the types of packaging of goods
10) the names of the port of loading and the port of discharge of goods
11) numbers of consignments or other documents confirming the availability and the content of a marine/internal water transportation agreement for goods subject to discharge in this port
12) the names of ports of discharge of goods remaining onboard the vessel after discharge in this port
13) the names of initial ports of departure of goods
14) the name of vessel stores and supplies available on the vessel and their quantity
15) description of placement of goods on the vessel
16) information on the presence (absence) of international mail items onboard a vessel
17) information on the presence (absence) of goods prohibited or restricted for importation into the customs territory of the Republic of Tajikistan onboard a vessel, including the national currency of the Republic of Tajikistan and hard currency values available with crew members, medications containing narcotic substances, strong medicines, psychotropic and poisonous substances
18) information on the presence (absence) onboard a vessel of dangerous goods, including firearms and ammunition.
2. The carrier shall provide information specified in Paragraph 1 of this Article by way of submitting the following documents to the customs bodies:
1) general declaration
2) cargo declaration
3) declaration of vessel stores and supplies
4) declaration of personal belongings of the crew members
5) the vessel role
6) the list of passengers
7) the document prescribed by the World Postal Convention
8) consignments or other documents confirming the existence and the content of an agreement for marine/internal water transportation.

Article 75
Documents and Data Presented during International Transportation by Air Transport

1. During international transportation by air transport the carrier shall provide the following information to the customs bodies:
1) indication of signs of national identity and registration marks of a vessel
2) the flight number, the track, ports of departure and destination of the vessel
3) the name of the user/operator of the vessel
4) information on the quantity of crew members
5) information on the number of passengers onboard, their family names and initials, names of their places of boarding and disembarkation
6) specification of types of goods
7) the number of airway bill, the quantity of places (cargo items) on each airway bill
8) names of places of loading and unloading of goods
9) information on the quantity of in-flight stores (supplies) loaded onto the vessel or unloaded from it
10) information on the presence (absence) of international mail items onboard the vessel
11) information on the presence (absence) of goods prohibited or restricted for importation into the customs territory of the Republic of Tajikistan onboard the vessel, including the national currency of the Republic of Tajikistan and hard currency values available with the crew members, medications containing narcotic substances, drastic medicines, psychotropic and poisonous substances, firearms and ammunition.
2. The carrier shall be obliged to provide information specified in Paragraph 1 of this Article by way of submitting the following documents to the customs bodies:
1) a standard document of a carrier envisaged by international agreements in the sphere of civil aviation (a general declaration)
2) a document containing information on goods carried onboard the air vessel (cargo register)
3) a document containing information on in-flight stores (supplies) onboard a vessel
4) air waybills
5) a document containing information on passengers traveling onboard a vessel and information on their luggage (passenger register)
6) a document prescribed by the World Postal Convention.

Article 76
Documents and Data Presented during International Transportation by Railway Transport

1. During international transportation by railway transport the carrier shall provide the following information to the customs bodies:
1) the name and address of the consignor of goods
2) the name and address of the consignee of goods
3) the name of the station of departure and destination of goods
4) information on the quantity of cargo items, their marking and the types of packaging of goods
5) the names and codes of goods in compliance with the Harmonized System of Commodity Description and Encoding or with the External Economic Activity Commodity Nomenclature on the level of at least the first four digits
6) gross weight of cargoes (in kilograms)
7) identification numbers of containers.
2. The carrier shall provide information specified in Paragraph 1 of this Article by way of submitting the following documents to the customs bodies:
1) bill of lading
2) commercial documents for the carried goods available with the carrier.

Article 77
Operations with Goods and Vehicles at the Point of Delivery

1. Upon delivery of goods and submission of the appropriate documents and data to the customs bodies accordingly, the goods may be unloaded or reloaded (Article 78), placed to temporary storage warehouse (Chapter 12), declared for a certain customs regime or to internal customs transit (Chapter 10).
2. Goods shall acquire the status of goods placed for temporary storage starting from the moment of their presentation at the place of delivery. Upon expiry of the maximum time limit for temporary storage (Article 103) the customs bodies shall dispose of these goods in compliance with Chapter 57 of this Code.
3. When checking goods the importation of which to the Republic of Tajikistan is prohibited or restricted in compliance with normative legal acts of the Republic of Tajikistan, and when ensuring compliance with the prohibitions and restrictions also lies within the competence of other government agencies, the customs bodies shall ensure coordination of such activities and their simultaneous execution.
4. Vehicles shall be subject to customs clearance in compliance with Chapter 36 of this Code.

Article 78
Unloading and Reloading (Transshipment) of Goods at the Point of Delivery

1. Goods shall be unloaded and reloaded (transferred) from a vehicle, which arrived to the customs territory of the Republic of Tajikistan, at the point of delivery and during the official business hours of the customs bodies in areas specially designated for these purposes.
Goods may be unloaded and reloaded (transferred) in other places and (or) outside of the established business hours of the customs bodies only with permission of the customs bodies, which may be granted on request of the person concerned in compliance with Articles 465 and 466 of this Code.
2. Areas of unloading and reloading (transfer) of goods shall be the customs control zones. The said areas must be designed and equipped in such a way as to ensure safety of goods and to exclude the possibility of access to them by persons who do not take part in the performance of cargo operations.
3. Upon request of the person/entity performing cargo operations with goods in a river port, the goods may be located in areas of unloading, reloading (transfer) without placement in temporary storage areas, for the period of time required to perform the said cargo operations, but not exceeding the time limit established in compliance with Article 103 of this Code.
4. In the event of loss of goods or transfer of goods to third parties without the permission of customs bodies, the person/entity performing cargo operations shall be responsible for payment of customs duties and taxes in compliance with this Code.
5. Unloading of goods prohibited for importation in the Republic of Tajikistan in compliance with normative legal acts of the Republic of Tajikistan shall be prohibited.

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