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Chapter 6. Arrival of goods and means of
transport in the customs territory of the Kyrgyz Republic
Article
41. Place and Time of Arrival of Goods and Means of Transport in the Customs
Territory of the Kyrgyz Republic
1. Arrival of goods and means of transport
in the customs territory of the Kyrgyz Republic shall be allowed at points
of entry established by the Government of the Kyrgyz Republic and
during the working hours of customs bodies. Arrival of goods and means of transport
in a point of entry beyond the established working hours shall be allowed with
preliminary notification of those bodies, expect for cases of motorcar points
of entry in which arrival beyond the established time shall be allowed upon
permission of the Government of the Kyrgyz Republic.
2. Crossing of the customs border
shall entail the obligation of the carrier, within the possibly shortest period
of time, to deliver goods to a point of entry or to another place as established
by normative legal acts of the Kyrgyz Republic, following as required the
routes set out by the customs bodies. The routes shall not be established when
goods are transported by railway. Here, no modification of the condition of
the goods or breakage of the package shall be allowed, neither modification,
elimination, destruction or damage of the lead seals, stamps and other means
of identification attached.
3. For the purpose of effective control,
the Government of the Kyrgyz Republic shall be entitled to institute
certain points of entry for arrival of certain categories of goods in the customs
territory of the Kyrgyz Republic.
4. Provisions of this Article shall not extend to goods transported by airlines
crossing the customs territory of the Kyrgyz Republic without stop at a port
or airport in the territory of the Kyrgyz Republic.
Article 42. Measures Taken in the Event of an Accident or under
Force Majeure
1. If delivery of goods is interrupted,
and also if an airplane makes a forced stop or landing in the territory of the
Kyrgyz Republic due to an accident, force majeure or other circumstances impeding
the delivery of the goods or landing at designated places, the carrier shall
take all measures for ensuring safety of the goods and means of transport, immediately
notify the nearest customs body of such circumstances and of the location of
the goods.
2. Expenses incurred by carriers or
other persons in connection with observance of the provisions of this Article
shall not be refundable by the customs bodies.
Article 43. Notification of Customs Bodies of the Arrival
of Goods and Means of Transport in the Customs Territory of the Kyrgyz Republic
1. The carrier shall be obliged to
notify the customs body of the arrival of goods and means of transport in the
customs territory of the Kyrgyz Republic.
2. In case where goods are transported
by airways, motor road and railway transport, the procedure for notification
of arrival of the goods and means of transport in the customs territory of the
Kyrgyz Republic shall
be established by the authorized state body upon coordination with the authorized
body in the area of transport and communication.
When goods are conveyed by pipeline
transportation and power transmission lines, the procedure for notification
of arrival of the goods into the customs territory of the Kyrgyz Republic shall
be established by the authorized state body upon coordination with the owner
of the pipeline transport or power transmission line.
Article 44. Submission of Documents and Information
1. Before or at the time of arrival
of goods in the customs territory of the Kyrgyz Republic, the carrier shall be obliged
to submit information on the goods imported into the customs territory of the
Kyrgyz Republic
to the customs body.
2. Information required by customs
bodies at arrival of goods in the customs territory of the Kyrgyz Republic shall
be limited to the information necessary for identification of the goods and
means of transport for customs purposes and contained in normal transport documents
of the carrier stipulated by international agreements of the Kyrgyz Republic in
the area of transportation. The following refer to the above-mentioned information:
- information on types or names of
goods;
- information on quantity of goods;
- information on the marking and
package of goods;
- brief information allowing to identify
a means of transport.
A specific list of information provided
by the carrier at arrival of goods in the customs territory of the Kyrgyz
Republic shall be drawn up according to an Instruction
approved by the Government of the Kyrgyz Republic depending
on the type of transport.
3. Customs bodies shall accept transport
documents of the carrier stipulated in international agreements of the Kyrgyz
Republic in the area of transportation as the goods declaration.
4. If the information required by
the customs bodies is not contained in transport documents of the carrier, information
on goods and means of transport shall be provided in additional documents drawn
up by the carrier or, at his instruction, by another person.
5. If the submitted documents are
in foreign languages, the customs bodies shall demand translation of those data
mentioned in Item 2 of this Article, if necessary.
6. The carrier shall be obliged to
ensure the provision in the goods declaration of data on all the goods conveyed
by him or the bringing of the information on the goods to the notice of customs
bodies in accordance with the procedure stipulated by Item 4 of this Article.
Article 45. Unloading and Reloading (Transshipment) of Goods
at the Point of Arrival
1. Unloading and reloading (transshipment)
of goods from the means of transport arrived into the customs territory of the
Kyrgyz Republic shall be carried out at places specially intended for these
purposes at the point of arrival of goods.
2. Places of unloading and reloading
(transshipment) of goods shall be deemed a customs control zone. The said places
should be arranged and equipped so as to ensure safety of goods and deny access
thereto for persons not taking part in cargo operations. The customs body shall
set forth certain requirements on arrangement and equipment of places of unloading
and reloading (transshipment) of goods.
3. In case of loss of goods or transfer of goods to
third parties without permission of customs bodies, the carrier performing cargo
operations with the goods shall be responsible for payment of customs duties
and taxes in compliance with this Code.
The carrier performing cargo operations
shall not be liable for payment of import customs duties and taxes only in cases
if goods are destroyed or irrevocably lost due to an accident or force majeure,
or due to normal wear or decrease. The carrier shall not be liable for unloading,
reloading, unpacking and re-packing of goods, change, elimination, destruction
or damage of means of identification of goods without permission of the customs
bodies either, if he proves that performance of such operations was caused by
real threat to life and health of people, as well as by real threat of destruction,
loss, irrevocable loss or significant damage to goods and (or) means of transport
at place of performance of cargo operations.
4. Goods at places of unloading and
reloading (transshipment) shall have a status of being under temporary storage.
In expiration of the limited period of temporary storage, the customs bodies
shall dispose of the above mentioned goods in compliance with Section XII of
this Code. |
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