Instructions on customs control and customs clearance procedures for the Goods brought into Turkmenistan for the purposes of organizing and hosting 5th Asian Indoor and Martial Games 2017 in the city of Ashgabat

«APPROVED» by the Order No.329
dated July 25, 2014 
of Chairman of the State 
Customs Service of Turkmenistan 

Instructions on customs control and customs clearance procedures for the Goods brought into Turkmenistan for the purposes of organizing and hosting 5th Asian Indoor and Martial Games 2017 in the city of Ashgabat

1. General Provisions
1. Instructions on customs control and customs clearance procedure for the Goods brought into Turkmenistan for the purposes of organizing and hosting 5th Asian Indoor and Martial Games 2017 in the city of Ashgabat (hereinafter to be referred to as the Procedure) were developed pursuant to the Customs Code of Turkmenistan, Executive Order No. 13683 dated June 2, 2014 of the President of Turkmenistan, and the Regulations on applying special customs procedures for the goods imported into Turkmenistan for the purposes  of organizing and holding 5th  Asian Indoor and Martial Art Games 2017 in the city of Ashgabat.
2. This Procedure determines procedures of using transport (transportation), commercial and/or other documents pertaining to the foreign goods being brought into Turkmenistan with the purposes of organizing and holding 5th  Asian Indoor and Martial Art Games 2017 (hereinafter referred to as the Asian Games), Ashgabat in line with preliminary tournaments and test events prior to the Asian Games as determined by the Cabinet of Ministers of Turkmenistan for customs declaration and transit declaration in line with customs control and customs clearance procedures relating to the declared foreign goods in their placement under the special customs procedures and follow-up customs control and customs clearance where such customs procedure expires.
3. Main terms used in these instructions:
1) Goods - foreign goods brought into Turkmenistan for the purposes of organizing and hosting the Asian Games and test tournaments and events prior thereto on the premises of sport venues of  Ashgabat Olympic Village as put forth by the Cabinet of Ministers of Turkmenistan;
2) Transport documents - transport (transportation), commercial and/or other documents used as customs declaration and transit declaration;
3) Regulations - the Regulations on applying special customs procedures for the goods imported into Turkmenistan for the purposes  of organizing and holding 5th  Asian Indoor and Martial Art Games 2017 in the city of Ashgabat approved by the Executive Order of the President of Turkmenistan No. 13683 dated June 2, 2014.
4) Customs Procedure – the special customs procedure applied to the Regulations;
5) Customs applicant – an individual who places the Goods under the Customs Procedure in accordance with the paragraphs 2 and 8 of the Regulations;
6) Application form – document specified in the Appendix I to the Regulations used as customs declaration where the Goods are placed under the Customs Procedure at the customs office.
Terms in this Procedure shall have the meanings defined in the Article 5 of the Customs Code of Turkmenistan.
4. When the Goods are cleared for customs purposes, transportation documents may be used as follows:
а) customs declaration of the goods – for placing the Goods under the Customs Procedure;
b) transit declaration – where the Goods are placed under transit declaration for the purposes of transportation of the Goods from the customs border control to the customs office at the Asian Games site, then from the customs office at the Asian Games site to the customs border control.
5. Where the Goods are placed under the Customs Procedure at the customs office using transportation documents as customs declaration, their electronic copies are not required.
II. Procedures of using transportation documents as customs declaration of the Goods while placing the Goods under the Customs Procedure
2.1. The deed for only exportation need to be provided for the Temporary import of the Goods.
6. Where the Goods are declared to the customs office for placing under the Customs Procedure, the following documentation shall be filed and used:
a) Transportation documents;
b) Application form completed by hand, four copies;
c) Identity and authorizing documents of an individual providing customs declaration for the Goods;
d) if relevant foreign economic agreement has been concluded with regard to the goods being declared, documents supporting conclusion of such agreement;
e) permits, licenses, certificates, and other supporting documents ensuring in accordance with the bans and restrictions put forth in the legislation of Turkmenistan if they are deemed prerequisites of placing the goods under the special customs procedure.
7. Where the Goods are declared to the customs office for placing under the Customs Procedure, it is not allowed to require the documents which were not specified in the paragraph 6 of these Regulations.
8. Application form consists of primary and secondary pages. Secondary page of the Applicantion form (Appendix II) shall specify information regarding description, quantity and price of the Goods. Provided that transport (transportation), commercial and/or other documents include information about description, quantity and price of the Goods, those can be used instead of the secondary page of the application form; in this case the secondary page shall not be completed.
The duplicates of Transport documents approved by the customs applicant or customs broker acting on behalf or upon instruction thereof are acceptable.
9. Fields 1-6 and 8 of the application form shall be completed by customs applicant or customs broker.
Fields 6a, 7, 7a and 8a of the application form shall be completed by authorized official of the customs service.
10. The information in the application form shall be provided in English or Turkmen languages.
In the event names of foreign entities and individual and other records on the Transport document are provided in Latin characters, such information shall be completed in the Application form.
11. Application shall be signed by an individual who completes it. If the Application form shall be sealed in accordance with the legislation of Turkmenistan, then such Application form shall be approved with relevant seal.
12. Where the Application forms are submitted to the customs office by customs applicant or customs broker, authorized official of customs office shall refer to the Norms of Accepting Cargo Customs Declaration approved pursuant to the Order of the Chairman of the State Customs Service No.194 dated June 8, 2011 and registered by the Ministry of Justice of Turkmenistan under 577 entry on June 25, 2011 as follows: 
where the conditions set forth in the paragraph of this Procedure 6 is fulfilled by Customs applicant, authorized official of customs office formalizes acceptance of the Application form by duly affixing registration number on the applicable edge (place) of all copies of Applicant form and on upper right corner or any blank space of Transport documents those used instead of secondary pages of Application form, and approve by his/her personal signature and numbered personal seal. The registration number shall be provided as follows:
__________
ХХХХХ/ХХХХХХ/ÝХХХХХХ
______________
1 2 3, respectively:
1 – code of customs office;
2 – date of submission of application (DD/MM/YY);
3 – serial number of Application form issued as per Registration Book for Applications (Ý – registration number of declaring the goods under the Special Customs Procedure).
Logs of registration number of Application forms are run in accordance with the Registration Book for Applications (in the form of Cargo customs declaration) as put in the customs legislation of Turkmenistan.
13. Where resolution is endorsed for or rejected against releasing the Goods as per the Customs Procedure, authorized customs official makes remarks in the field 6a in all copies of Application form and Transport document used instead of secondary page of Application about release of the Goods or rejection thereof referring to the date of endorsement and approving with personal signature and seal.
Authorized customs official, after endorsement of resolution on release of the Goods or rejection thereof, shall make entry about information on the relevant Application form on the Registration Book for Placement of the Goods into the Special Customs Procedure (see Appendix III).
14. The copies of the Application form, including Transportation documents used instead of the secondary pages of Application form are distributed as follows:
one copy remains at the customs office where the Application form were registered;
three copies shall be returned by authorized customs applicant to the Customs applicant or customs broker for the purposes of carrying out customs operations during expiration of the this customs procedure relating to the Goods.
III. Procedures of using Transport documents upon the expiration of Customs Procedures
15. In order to end the requirements of Customs Procedures regarding the goods to be exported, customs applicant or customs broker shall submit three copies of the Application form including  Transport documents used instead of the secondary pages of the Application form set forth in the Clause 3 of paragraph 14 of this Procedure.
16. When authorized customs official makes decision about ending the Customs Procedures he inserts the date, and remarks about decision in field 8a of the Application form and Transport documents used instead of additional pages of the Application form set forth in the Clause 3 of Paragraph 14 of this Procedure and approves by signing and sealing the Application form.
17. The copies of the Application form and Transportation documents used instead of the secondary pages of the Application form upon the expiration of the Procedure is distributed as follows:
one copy remains at the customs office where the Customs Procedure ends;
two copies are returned by the authorized customs official to the customs applicant or customs broker.  In the event it is set forth in the paragraph 18 of this Procedure, one of copies or their duplicates is lodged to the customs office as permit for the Goods to be exported from customs territory of Turkmenistan.
18. In the event the Goods specified on the Application form (including Transportation documents used instead of the secondary pages of the Application form) are exported in separate batches, the authorized customs official shall:
- make remark 'Goods were exported in the amount' in field 8a of the Application form's copies (including Transportation documents exploited instead of on the secondary pages of the Application form) denoting expiration of the Customs Procedure pursuant to the paragraph 15 hereof.
- execute two duplicates of the Application form and approve by signing and sealing.
Approved copy of the Application form shall remain at the customs office.
Customs applicant or customs broker shall be provided:
three copies of the Application form specified in the Clause 2 of this paragraph for filing to the relevant customs office to conduct customs operations with regard to ending customs procedures of the Goods;
the second approved copy of the Application form specified in Clause 3 of this paragraph shall be returned for filing to the customs border control office where the Goods are being exported as a permit to export the Goods.
19. For ending the Customs Procedure of the Goods specified in the paragraphs 24-27 of these regulations being exported from Turkmenistan, three copies of the Application form set forth in paragraph 14 of this Procedures shall be submitted by customs broker or customs broker to the customs office alongside with the following documents:
for sports equipment, sports uniforms and accessories, foods, pharmaceuticals, bullets for sports and starting weapons, consumable materials, the Goods fully consumed or unfit for future use, the List of expended, consumed, and unfit Goods by showing their description, quantity and price as well as application consisting of registration numbers of Application forms used to place the aforesaid Goods under special customs procedure;
for the Goods with unit price up to 500 (five hundred) United States Dollars and their total price up to 2000 (two thousand) United States Dollars distributed free of charge, the List of freely distributed Goods by showing their description, quantity and price as well as as application consisting of registration numbers of Application forms used to place the aforesaid Goods under special customs procedure;
for the Goods transferred to ownership of other individuals and entities pursuant to the Resolution of the State Committee of Turkmenistan, the National Olympic Committee of Turkmenistan, the Executive Committee for 5th  Asian Games and the Cabinet of Ministers of Turkmenistan, the List of transferred Goods by showing their description, quantity and price as well as application consisting of registration numbers of Application forms used to place the aforesaid Goods under special customs procedure;
for the Goods exposed to disasters, unexpected or uncontrollable events, theft, or those terminated or lost beyond control of the individual or entities, the List of destroyed or lost Goods not exceeding 500 (five hundred) United States Dollars by showing their description, quantity and price as well as as application consisting of registration numbers of Application forms used to place the aforesaid Goods under special customs procedure; in the event such Goods exceed 500 (five hundred) United States Dollars in value, the List of destroyed or lost Goods by showing their description, quantity and price as well as as application consisting of registration numbers of Application forms used to place the aforesaid Goods under special customs procedure; in the event such Goods exceed 500 (five hundred) United States Dollars in value, and depending on applicability, and acknowledgment by the relevant local authorities of General Directorate for Civil Defense and Rescue under the Ministry of Defense of Turkmenistan, the Ministry of Internal affairs of Turkmenistan, and the Chamber of Commerce and Industry of Turkmenistan for the circumstances that lead to such termination and loss of the goods.
20. The application executed by the customs applicant or customs broker for the Goods specified in the paragraphs 24-27 of the Regulations shall be registered on the Registration Book for Incoming Letter and Service Documents at relevant customs office in accordance with the office administration procedures.
21. After endorsement of resolution for expiration of the Customs Procedure by the authorized official of customs office, such information shall be duly and compulsorily recorded in the Registration Book for Expiration of Special Customs Procedure (see Appendix IV).
22. In the event the Customs Procedure of the Goods expires at customs office other than they were cleared, then authorized official of the customs office where the customs procedure ends shall send approved copies of the Application form to the customs office where the Goods were placed into the special Customs Procedure not late than following one work day via express communication networks.
23. Copies of the documents specified in paragraph 22 of the Procedures shall be attached to the Application form which serves as basis for placing the Goods under the Procedures.
IV. Actions of authorized official of customs office when extending the time period of the Customs Procedure of the Goods 
24. Where the Customs Procedures for the Goods are extended, the application filed by the customs applicant serving as basis for such extension at the customs office where the Goods were placed into the Customs Procedures and/or the Customs Procedures expire shall be registered on the Registration Book for Incoming Letter and Service Documents  at relevant customs office in accordance with the office administration procedures.
25. The resolution on extending Customs Procedure of the Goods and/or rejection thereof shall be endorsed by the chairman of customs office or its successor within three days of submission. Resolution on extending the Customs Procedure of the Goods shall be formalized by the statement “I hereby permit the extension of the special customs procedure relating to the Goods until ________” by chairman of customs office or successor thereof with applicable date and approving through personal signature. Copy of the presented application shall be appended to the Application form provided that extension awarding customs office corresponds to the customs office where the Goods were placed into the Customs Procedures. Where the Customs procedure is extended at the customs office where such procedure expires, copy of the application shall be sent to the customs office clearing the Goods under the Procedure for the purposes of appending to the Application.
26. After endorsing the resolution on extending the Customs Procedures of the Goods, authorized official of customs office shall make entry to the field 7 for the extension of the Customs Procedure of the Goods, enter date in the field 7a, and approve with personal signature and numbered stamp.
27. After endorsement of the resolution by authorized official of customs office on extending the Customs Procedure of the Goods, the information on such extension shall be recorded on Registration Book of Extensions for Goods' Special Customs Procedures (Appendix V).
28. In the event resolution is endorsed for extension of the Customs Procedure of the Goods, such chairman of the customs office or successor thereof shall make statement on the application as 'It is not allowed to extend the special customs procedure for the Goods' with date, approve with personal signature.
Customs office shall notify in written the applicant of rejecting the extension not late than three days as from endorsement of relevant resolution.
V. Procedures of using the transport documents as transit declaration
29. In the event Transport documents are used as transit declaration in accordance with Clause b of the Section 4 of these regulations, such documents shall include the following documents:
a) consignor and consignee as per transport (transportation) document;
b) sending country and destination country;
c) customs applicant;
d) transporter;
e) transport of international cargo transportation;
f) description and quantity of the goods as per the commercial, transport (transportation) documents;
g) gross weight and volume of goods;
h) number of cargo place;
i) destination as per the transport (transportation) documents;
j) documents for compliance with bans and restrictions for crossing the customs border of Turkmenistan, if the Goods are allowed through such documents;
30. In the event the inadequate or no information specified in paragraph 29 of these regulations is found on the transport documents used as transit declaration, such inadequate information shall be entered by the customs applicant in writing; such entries shall be approved by applicant's personal signature.
31. In the event information is not available at customs office about the entities or individual authorized to place the Goods into the Customs Procedure, transport documents do not specify the consignor and/or consignee, or such documents do not contain information about purposes of crossing the Goods from customs border of Turkmenistan, such circumstances shall not be governed by paragraphs 29-30 of these regulations.
VI. Final provisions
32. In the event the customs applicant exercises relevant rights for transferring ownership and use of the goods placed under the Customs Procedure specified in the paragraphs 17-18 of the Regulations, obligations of exercising requirements and conditions of the Customs Procedure, including 'as is' transfer shall be undertaken by the customs applicant.
33. Notification is made by filing an application to the customs office where the Goods were placed under the Customs Procedure. Information on possession, use, and transfer into ownership of the Goods is entered by filling the field 'Remarks' in Registration Book of for Placement of the Goods into the Special Customs Procedure. 
34. Customs applicant bears responsibility for failing to comply with the terms and conditions set forth in these regulations in accordance with the Code of Administrative Violations of Turkmenistan.

Attachments

Appendix-1 ru
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Appendix-2 ru
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