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Chapter 29. Conveyance of goods in
international postal items
Article 202. International Postal Items
1. For purposes of this Chapter
the international postal items shall imply postal items accepted for dispatch
outside the Kyrgyz Republic,
arriving in the Kyrgyz Republic or going in transit through its territory. The following types
shall refer to international postal items:
1) letters (ordinary, registered,
with declared value);
2) postal cards (ordinary, registered);
3) “printed matter” and special
pouches "М" (ordinary, registered);
4) sekogrammes (ordinary, registered);
5) small parcels (registered);
6) parcels (ordinary, with declared
value);
7) international express post.
2. The dispatch of international
postal items shall be accompanied with documents stipulated by acts of the Universal
Postal Union.
3. Provisions of this Chapter shall
not extend to goods, which are sold by samples according to retail sales-and-purchase
agreement and dispatched in international postal items.
4. International postal items may
not be issued by postal communication organizations to their addressees or dispatched
outside the customs territory of the Kyrgyz Republic without permission of the
customs body. For purposes of this Chapter postal communication organizations
shall imply organizations rendering postal services according to current legislation.
Article 203. Prohibitions and Restrictions on Importation
of Goods into the Customs Territory of the Kyrgyz Republic and their Exportation
from this Territory at Dispatch in International Postal Items
1. The dispatch of the
following goods in international postal items shall not be allowed:
1) prohibited for importation into
and exportation from the customs territory of the Kyrgyz Republic;
2) dispatch of which is prohibited according to acts of the Universal Postal
Union;
3) other goods the list of which may be established by the Government of the
Kyrgyz Republic.
2. With respect to goods
restricted for importation into or exportation from the customs territory of
the Kyrgyz Republic according to current legislation of the Kyrgyz Republic
or international agreements of the Kyrgyz Republic, consignees or consignors
or persons acting on their behalf shall be obliged to produce the required authorizations,
licenses and certificates at customs clearance.
3. In compliance with legislation
of the Kyrgyz Republic on State regulation of foreign trade activity non-tariff
regulatory measures shall not apply to goods dispatched in international postal
items, if the value of the goods does not exceed the limits stipulated by Subitem
2 of Item 2 of Article 220 of this Code, if the goods are addressed to natural
persons and are not intended for production, business or other commercial activity,
as well as in other cases established by the Government of the Kyrgyz Republic.
4. Withdrawal of goods prohibited
and restricted for dispatch in international postal items and also disposal
of those shall be performed by the customs bodies in compliance with this Code,
and in the part which is not regulated thereby, in accordance with the procedure
established by the Government of the Kyrgyz Republic.
Article 204. Customs Clearance of International Postal Items
1. Customs clearance of
goods dispatched in international postal items shall be performed according
to this Code taking into account the specifics envisaged by this Chapter.
2. Customs clearance of
goods dispatched in international postal items shall be carried out as priority
and within the shortest period of time. Specific period for customs clearance
shall be established by the authorized state body as agreed by the authorized
body competent in the area of postal communication.
3. Customs clearance of goods dispatched in international
postal items shall be carried out at places of international postal exchange,
except for a case stipulated in Item 6 of this Article.
4. If all the information required
by customs bodies for customs purposes is included in the documents stipulated
by acts of the Universal Postal Union and accompanying international postal
items, no separate customs declaration shall be needed, except for cases stipulated
in Item 5 of this Article.
5. Declaring of goods by lodging
a separate customs declaration shall be required if:
prohibitions or restrictions for
importation or exportation are established with respect to goods;
value of goods imported into the
customs territory of the Kyrgyz Republic exceeds the limits established
for conveyance of goods in international postal items without payment of customs
duties and taxes (Item 1 of Article 206), except for cases when goods are dispatched
to natural persons and not intended for production, business or other commercial
activity.
6. Customs clearance of goods with respect to which a separate customs declaration
should be lodged in compliance with Item 5 of this Article, may be performed
by customs bodies, which cover the region where consignees or consignors are
located, in accordance with the procedure established by the authorized state
body as agreed with the body authorized in the area of postal communication.
7. Customs clearance of goods
exported outside the customs territory of the Kyrgyz Republic in international
postal items, with respect to which a separate customs declaration should be
lodged in compliance with Item 5 of this Article, shall be performed by their
consignors or by persons, acting on their behalf, prior to handing in the goods
to the postal communication organizations for dispatch.
Article 205. Customs Examination and Inspection of International
Postal Items
1. At the
demand of customs bodies, postal communication organizations shall produce international
postal items for customs examination or inspection.
The ways for such production shall be established
by an appropriate agreement between the authorized state body and a body authorized
in the area of postal communication.
2. Technical means of customs control shall be used at maximum at customs examination
or inspection.
Article 206. Customs Duties and Taxes with Respect to Goods
Imported into the Customs Territory of the Kyrgyz Republic
1. Customs duties and taxes with
respect to goods dispatched in international postal items shall not be paid,
if value of such goods does not exceed the amount established in Sub-item 2
of Item 2 of Article 220 of this Code.
2. With respect to goods dispatched
to natural persons and not intended for production, business or other commercial
activity, full or partial exemption from payment of customs duties and taxes
shall apply. The Government of the Kyrgyz
Republic shall establish the amounts of value of goods
dispatched without payment of customs duties and taxes, and shall also establish
flat rates of customs duties and taxes with respect to goods the value of which
exceeds these amounts.
3. Customs duties, taxes and fees
for customs clearance on goods, with respect to which no separate customs declaration
needs to be lodged, shall be calculated and imposed by the customs bodies performing
customs clearance at place of international postal exchange with use of customs
receipt (Item 3 of Article 197). Calculation of amounts of customs duties and
taxes shall be carried out on the basis of information on the value of goods
given in the documents stipulated by acts of the Universal Postal Union and
used for customs purposes. With respect to international postal items with declared
value, the amounts of customs duties and taxes shall be calculated based on
that declared value only in a case if it exceeds the value given in the documents
used for customs purposes.
4. International postal items containing
goods, on which the customs body has imposed customs payments, shall be issued
to the addressees at post offices only after the postal communication organizations
have received the total amount of customs payments. Customs payments shall be
charged on the basis of a form for postal transfer of money, filled in by a
customs official. The paid money shall be transferred to the account of the
customs body, which has imposed them, after the issue of an international postal
item to the consignee. A fee for the postal transfer shall be paid at the expense
of a person making customs payments. Forms of postal transfers shall be provided
to customs bodies for free.
5. If international postal items
are lost or issued to the consignee without permission of the customs body,
the postal organization which has lost or issued such items shall be liable
for making customs payments.
6. Calculation of customs payments
and their execution with respect to the goods mentioned in Item 5 of Article
204 of this Code shall be performed in accordance with the procedure established
by Section VI of this Code.
Article 207. Transit of International Postal Items
No customs clearance shall be produced
with respect to international postal items conveyed in transit throughout the
territory of the Kyrgyz Republic.
Article 208. Relations between Customs Bodies and Postal Organizations
1. With a view to speed
up customs clearance of goods contained in international postal items and to
increase efficiency of the customs control, the authorized state body and the
body authorized in the area of postal communication shall conclude a respective
agreement on interaction.
The agreement may stipulate cases
when State postal organizations implement certain functions, entrusted to customs
bodies, under control of such bodies.
2. The authorized state body shall
in proper time inform the body authorized in the area of postal communication
of the rules of importation of goods into the customs territory of the Kyrgyz Republic and
their exportation from this territory, which relate to conveyance of international
postal items. |