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What should businesses expect from the new Customs Code?

The Customs Code, in new edition will come into force on April 21, 2016. Uzbekistan Today correspondent asked the head of legal department of the State Customs Committee (SCC ), Abdugafur Colonel Kurbanov, about the fundamental differences between the new code and the previous one.  

- Customs Code ( TC ) in the new edition is designed to further the formation of a unified legal framework of customs, in accordance with international standards, to ensure uniform application of legal norms and approaches at all stages and levels of customs administration, which will increase the complexity and transparency of customs regulation of foreign economic activity.

The new edition of Customs Code is conceptually different from the previous one. The Code is essential to ensure effective customs control and regulation of trade turnover on the territory of our country, the development of foreign trade and the implementation of foreign trade operations.

The concept of 16 kinds of customs regimes is now specifically defined, as well as the conditions for their use, the order of application of customs duties, term of the customs regime, the requirements for its completion (in the previous edition of the Customs Code - 15).

Besides, exhaustive list of forms of customs control is attached. Five new forms have been introduced: obtaining explanations, customs inspection, check labeling special stamps, customs supervision, customs control after release of goods.

In the previous edition of the Code, there were seven forms of customs control. The term for conducting documentary checks by the customs authorities, after the release of goods, has been reduced from three to one year.

The issues related to customs duties are addressed more thoroughly. The size and conditions of payment of charges has been defined. New types of customs payments have been introduced: insurance obligations and guarantee payments.

An entire chapter is devoted to information technologies in customs. The documents required for customs clearance may be submitted in electronic form. Electronic declaration and the use of electronic digital signature, will greatly simplify and speed up customs control procedure.

Information exchange with the customs services of other countries and the participants of foreign trade activities will improve.

The Code also provides for the issuance of permits, with the help of information technologies, on the principle of "one window". Submission of documents to the customs authorities, on the principle of "one window" will reduce the burden of forced dialogue between the participants of foreign trade activities and the state authorities.

An important component of this principle is minimizing the number of documents that the participant of foreign economic activity must submit to the public authorities for issuing permits. This is achieved by the construction of an effective inter-agency cooperation with the customs authorities.

Now, a new procedure related to the protection of intellectual property rights, objects of copyright and related rights, trademarks, service marks has been introduced.

The right holder, who has reasonable grounds to believe that there may be a violation of his rights, for instance, moving of the goods that are, in his view, counterfeit, across the customs border, or performing other actions with goods under customs control, may apply to the customs authorities on the adoption of measures to suspend the release of goods.

In case the customs authorities identify the goods as counterfeit, the production of such goods is suspended, to enable the right holder to take advantage of opportunities provided by the legislation for the protection of their rights.

TC in the new edition consists of 12 sections, 59 chapters and 412 articles. 31 concepts are enshrined, there were 16 concepts in the previous edition. Extended conceptual system allows to define the customs more clearly, at the same time, eliminates the ambiguous regulations.














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