LAWS OF THE REPUBLIC OF TAJIKISTAN

 

THE CUSTOMS CODE OF THE REPUBLIC OF TAJIKISTAN

SECTION II CUSTOMS PROCEDURES

SUB SECTION 2 CUSTOMS REGIMES
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CHAPTER 27 RE-EXPORT

Article 239
Content of the Re-Export Customs Regime for Goods

'Re-export of goods' shall mean the customs regime under which goods that were previously imported onto the customs territory of the Republic of Tajikistan are exported from this territory, exempt from or with refund of the customs import duties and taxes that were paid, and without economic prohibitions and restrictions being applied to them, established in accordance with normative legal acts of the Republic of Tajikistan.

Article 240
Terms of Placement of Goods under the Re-Export Customs Regime

1. Goods shall be re-exported under the following terms:
1) export of goods placed in the temporary storage places, prior to their placement under a definite customs regime
2) export of goods previously declared under the customs regime for release of goods into free circulation, in fulfillment of the provisions specified in Article 242 of this Code.
3) export of foreign goods, which have not undergone processing operations and which were previously placed under the customs regimes for processing on customs territory and processing for free circulation.
4) Export of foreign goods previously placed under the customs regimes for customs warehouse, free customs zone and free warehouse.
5) Export of foreign goods, imported to the customs territory of the Republic of Tajikistan with violation of prohibitions for importation established in accordance with normative legal acts of the Republic of Tajikistan (paragraph 1 of Article 12).
2.The procedure for customs clearance of re-exported goods shall be established by the authorized body on customs affairs.
3.Excise goods shall be re-exported provided that import customs duties and taxes are secured or customs escort is arranged.
4. Additional conditions of placement of goods under the customs regime of re-export may be established by normative legal acts of the Republic of Tajikistan and (or) international legal acts ratified by the Republic of Tajikistan.

Article 241
Application of Customs Duties, Taxes in Re-export of Goods

1. In re-export of goods, exemption from import customs duties and taxes or their refund shall be provided if these exemption and refund are stipulated upon the termination of the customs regime, under which the goods were placed on the customs territory of the Republic of Tajikistan
2. When exporting re-exported goods, export customs duties shall not be paid.

Article 242
Application of the Re-Export Customs Regime with Respect to Goods Released for Free Circulation

1. Goods released for free circulation with regard of which it has been established that, at the moment of crossing the customs border, they had defects or failed to comply in quantity, quality, description, package or other terms of the foreign economic transaction and, for these reasons, the goods are being returned to the supplier or the other person designated by the supplier, may be placed under the customs regime for re-exportation, provided the following requirements have been met:
1)goods were neither used nor repaired in the Republic of Tajikistan, except for cases when it was necessary to use the goods for revealing defects or other circumstances which caused return of the goods.
2)goods may be identified by customs authorities
3)goods are exported within six months from the date of their release for free circulation
2. When re-exporting goods in accordance with paragraph 1 of this Article the customs duties and taxes paid shall be refunded in accordance with Article 397 of this Code.

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