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Chapter 42. The customs broker
Article 302. The Customs Broker
1. The customs broker may be a domestic legal person
carrying out the activity as a customs broker in compliance with this Code and
a Regulation approved by the Government of the Kyrgyz Republic.
2. A state body may not be a customs broker.
Article 303. Activity of the Customs Broker
1.
Activity of the customs broker shall consist in performance of actions on customs
clearance, preliminary and other customs procedures on behalf of the declarant
or other interested persons at their order.
2.
The customs broker shall ensure execution of his obligations at performance
of customs procedures on customs clearance of goods according to Article 252
of this Code.
3.
The customs broker shall be entitled to act as a surety/guarantor to the customs
bodies for the represented person in respect of security for customs payments
at preliminary and other customs procedures and customs regimes.
4.
At performance of customs procedures neither less favorable conditions should
be established nor more stringent requirements should be set up to for the customs
broker than those established and imposed at performance of customs procedures
by the declarant or by other persons in compliance with this Code.
Article 304. Rights, Obligations and Liability of the Customs
Broker
1.
The customs broker shall be entitled to perform any customs procedures on behalf
of the person whom he represents.
The customs broker shall have the
same rights as the person that authorizes him to represent his interests in
relations with customs bodies.
2.
Obligations of the customs broker at customs clearance, preliminary and other
customs procedures shall be dependent on the requirements and conditions established
by this Code and other normative legal acts of the Kyrgyz Republic, with
respect to customs procedures necessary for placement of goods under the customs
regime or customs procedure. The fact of performance of such operations does
not impose obligations on the customs broker for performance of operations related
to completion of the customs regime, as well as other obligations, which in
compliance with this Code are delegated only on the person that conveys goods,
carrier or other named person.
3.
The customs broker shall bear joint liability with the declarant for making
customs payments payable in compliance with this Code prior to or at the same
time as lodgment of a customs declaration
4.
Obligations and liability of the customs broker to the customs bodies may not
be limited by the agreement with the represented person.
Article 305. Relations of the Customs Broker with the Represented
Person
Relations between the customs broker
and represented person shall be built on the basis of a contract in compliance
with the civil legislation of the Kyrgyz Republic.
Article 306. Treatment by the Customs Broker of the Information
Received from the Represented Persons
The information received from the represented persons and
making a commercial, banking or other secret protected by law, and other confidential
information should not be disclosed and used by the customs broker and its workers
for own purposes, informed to other persons, except for cases stipulated by
current legislation of the Kyrgyz Republic.
Article 307. Customs Clearance Specialist
A customs clearance specialist may
be an able-bodied citizen of the Kyrgyz Republic with secondary vocational
or higher education who passed the examination for obtaining a certificate of
competence of a customs clearance specialist.
Article 308. Certificate of Competence of a Customs Clearance
Specialist
1.
The certificate of competence of a customs clearance specialist shall be a document
certifying the right of its holder to act as a customs clearance specialist
for the period of validity of the certificate of competence.
2.
The procedure for issuing a certificate of competence and requirements to customs
clearance specialists shall be established by the Regulation “On the Customs
Broker” to be approved by the Government of the Kyrgyz
Republic. |
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