ORDER OF CUSTOMS SERVICE OF THE REPUBLIC OF MOLDOVA

of September 7, 2007 No. 331-0

About approval of the Regulations on filling, the certificate and issue of certificates of origin of goods of the ST-1 form for the goods exported from the Republic of Moldova within free trade regime with member countries of the Agreement on creation of the Free trade area within the Commonwealth of Independent States (CIS)

For the purpose of execution of provisions of the Customs code of the Republic of Moldova N 1149-XV of July 20, 2000 (Monitorul Oficial al Republicii Moldova, 2007, the special edition), the Law of the Republic of Moldova No. 1380-XIII of November 20, 1997 about customs tariff (Monitorul Oficial al Republicii Moldova, 2007, the special edition), the Orders of the Government N 1599 of December 13, 2002 about rules of goods origin (Monitorul Oficial al Republicii Moldova, 2002, N 174-176, Art. 1755), according to provisions of the Agreement on creation of the Free trade area within the Commonwealth of Independent States (CIS) ratified by the Resolution of Parliament N 220-XII of September 22, 1994 (Monitorul Oficial al Republicii Moldova, 1994, N 9, the Art. 78), and Rules of determination of the country of goods' origin, approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States (CIS) of November 30, 2000 (Monitorul Oficial al Republicii Moldova, the special edition "Tratate interna\ionale la care Republica Moldova este parte (1993-2003)", 2006, volume 37, p. 344), and for the purpose of implementation of provisions of the Order of the Government N 866 of August 1, 2007 about approval of changes which are made to the Order of the Government N1599 of December 13, 2002 (Monitorul Oficial al Republicii Moldova, 2007, N 112-116, Art. 886), I ORDER:

1. Approve Regulations on filling, the certificate and issue of certificates of origin of goods of the ST-1 form for the goods exported from the Republic of Moldova within free trade regime with member countries of the Agreement on creation of the Free trade area within the Commonwealth of Independent States (CIS) (according to appendix).

2. Apply the provision specified in item 1 of this order since January 1, 2008.

3. To assign execution of this order to chiefs of customs.

4. To impose control of execution of this order on management of customs and tariff regulations, management of finance and logistics, management of customs procedures, management of information flows and statistics.

Appendix

to the Order of Customs Service No. 331-0 from 7 сенября 2007

Regulations on filling, the certificate and issue of certificates of origin of goods of the ST-1 form for the goods exported from the Republic of Moldova within co free trade regime by member countries of the Agreement on creation of the Free trade area within the Commonwealth of Independent States (CIS)

I. General provisions

1. This provision is developed according to provisions of regulations of the Republic of Moldova, the Agreement on creation of the Free trade area within the Commonwealth of Independent States (CIS), the Rules of determination of the country of goods' origin (approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States (CIS) and regulates the procedure of filling, the certificate and issue of certificates of origin of goods of the ST-1 form for the goods exported from the Republic of Moldova within free trade regime with member countries of the specified agreement.

2. Customs authorities will certify goods origin according to the procedure established by the Rules of determination of the country of goods' origin (approved by the Decision of Council of Heads of Government of the Commonwealth of Independent States (CIS) of 30.11.2000) (further governed), in case of their export to member countries of the Agreement on creation of the Free trade area within the Commonwealth of Independent States (CIS) and issue certificates of origin of the ST-1 form for the goods coming from the Republic of Moldova (appendix N 1) according to the conditions established in these rules.

3. The certificate of origin of the ST-1 form - the supporting document unambiguously testimonial of the country of goods' origin according to the criteria of origin established according to rules.

4. The certificate of origin of the ST-1 form makes sure and issued only in cases when goods which are subject to export can reckon as products with origin and correspond to the criteria of origin established according to provisions of rules.

5. The certificate of origin of the ST-1 form is issued only on the goods coming from the Republic of Moldova on condition of their direct delivery to one of member countries of the Free-trade agreement within the Commonwealth of Independent States (CIS) in the conditions provided by rules.

6. The certificate of certificates of origin of goods and their issue are made by the employee of competent customs authorities (appendix N 2), authorized to issue certificates of origin for the region of commodity export.

7. Forms of certificates of origin are documents with particular treatment which are stored in the places which are specially established for this purpose.

8. Issue of forms of certificates of origin of the ST-1 form (blank) to the exporter is made for filling for a fee according to appendix No. 2 to the Law of the Republic of Moldova by N1380-XIII of November 20, 1997 about customs tariff with maintaining register in which numbers of forms of certificates, data on the exporter, date of issue, the sign and seal of the exporter and person which issues the form are specified.

9. Customs authorities certify and issue to the exporter or his authorized representative certificates of origin when the goods specified in it actually are exported.

II. Request about the certificate and issue of the certificate of origin of the ST-1 form

10. The basis for the certificate and issue of the certificate of origin of the ST-1 form is the statement declaration (appendix N 3), filled by means of the printing device or by hand (ink, using printing capital letters) the exporter or his representative in state language, certified by the original of the signature and the original of seal of the exporter under its personal and complete liability. The exporter submits the statement declaration only for the goods coming from the Republic of Moldova and intended for export which correspond to rules of goods origin according to provisions of rules.

11. The following documents are attached to the statement declaration:

a) constituent documents of the exporter (registration certificate of the company, charter, decision on creation, foundation agreement, certificate on assignment of statistical code, orders/protocols on position assignment of the director of the exporter and chief accountant). These documents are submitted in the copies certified according to established procedure, including seal and the signature of the exporter. Also samples of seal of the exporter and signatures of the head, chief accountant and authorized representative of the exporter will be provided (in the original). These documents are submitted to the relevant customs only in case of request of the first certificate of origin (except for modification of these documents, in this case the exporter shall provide to customs authority corresponding changes and confirmatory acts);

b) identity documents of physical person (the exporter or his representative), in the copies certified by the signature of person;

c) licenses or permissions (in case of export of the licensed or quoted goods) in the copies certified by seal and the signature of the exporter;

d) the agreement of commodity export (the copy certified by seal and the signature of the exporter);

e) business documents (commercial invoices, their proformas, invoice, and also other documents used in foreign economic activity) (the copy certified by seal and the signature of the exporter);

f) the power of attorney issued to the exporter's representative which confirms powers to submit to customs authority of the declaration, the document, other data and information necessary for confirmation of the country of goods' origin, and also to sign and receive certificates of origin from name and under complete responsibility of the exporter;

g) the agreement of the order or the commission which confirms powers of the representative of the exporter (the copy certified by seal and the signature of the exporter);

h) the appraisal certificate of goods origin (original), upon the demand of customs authority from the exporter when there are no data confirming goods origin or reasons to believe are had that the data provided by the exporter are doubtful and/or insufficient for confirmation of origin. The appraisal certificate can be provided at the initiative of the exporter;

i) other documents which contain data/information confirming compliance to criteria of origin (way bills, tax delivery notes, payment orders, acts of purchase, customs declarations, the certificate of origin of the ST-1 form, etc.).

12. In case of conducting examination its purpose is:

a) determine based on the documents (with indication of production process or technological transactions) provided by exporters, quantity of the components and materials used in production of the goods intended for export;

b) determine country of source of the used components (as necessary);

c) determine the cost of each component (as necessary);

d) determine share of the imported components used in case of production of the exported products, in the ratio with the factory price of end products (as necessary);

e) determine all goods from this delivery, duration of production cycle and consumption of raw materials for production of finished goods (quantitative ratio of raw materials and finished goods). Determine goods item of each component used in case of production of finished goods, and also finished goods. Experts bear responsibility according to the current legislation for intentional introduction of wrong data in appraisal certificates.

13. List of the additional documents necessary for certification of country of source:

a) the documents confirming origin of raw materials, semifinished products, materials, components: delivery agreements, accounts, payment orders, commodity transport delivery notes, customs declarations, etc. (the copies certified by seal and the signature of the exporter);

b) the documents confirming the right to acquisition and conversion of raw materials for the buying and preparing organizations (the copy certified by seal and the signature of the exporter);

c) documents according to which the goods production process is performed: process charts (the copy certified by seal and the signature of the exporter and producer);

d) the appraisal certificate on determination of the producer (original);

e) other documents and information necessary for certification of goods origin.

14. Responsibility for reliability of the documents submitted to customs authorities and data specified in them is born by the exporter, the customs authority in turn shall provide confidentiality of the provided information.

15. The customs employee, the representative to certify and issue certificates of origin, for the purpose of certification of goods origin has the right:

a) have access to the company of the exporter, the producer and to activities of other physical persons and legal entities for certification of goods origin;

b) study production process;

c) analyze and check technological transactions on production of the exported goods;

d) request any supporting document and exercise any control which considers expedient.

III. Filling, certificate and issue of the certificate of origin of the ST-1 form

16. The certificate and issue of certificates of origin of goods of the ST-1 form are made till 3 working days after registration date of the statement declaration, submission of the certificate of origin of the CT-1, form completed with the exporter presentations of goods and documents (including requested in addition) to competent customs authorities for the region of commodity export.

17. The certified certificate of origin of the ST-1 form is issued (is made available to the exporter) when the goods specified in it actually are exported.

18. After the certificate of the certificate of origin of the ST-1 form the employee of customs, the representative to certify and issue the appropriate certificate of origin, fills in item 9 of the statement declaration with putting down of the signature and personal seal. After that the exporter or his authorized representative fills in item 10 of the statement declaration with putting down of the sign and seal in the original (in case of physical person the seal is not obligatory), than issue by customs authority of the original of the certified certificate of origin of the ST-1 form and obtaining by his exporter prove to be true.

19. The certificate of origin of the ST-1 form represents packet, the consisting minimum from three forms from which the first form is the original certificate of origin CT-1, two copies of the certificate and one additional leaf of the certificate of origin if this form is necessary proceeding from kind of goods items of the exported goods, and also two of its copies (according to appendix N 1).

20. The form of the certificate of origin of the ST-1 form represents the form in Russian which is filled with the exporter printing font by means of the printing device or by hand (ink, using printing capital letters) in strict accordance with requirements of cartridges of the form of the certificate (appendix N 4).

21. Forms of certificates of origin of the ST-1 form are the forms which are specially numbered (for the purpose of identification) and produced by typographical method. The format of forms constitutes 210х297 mm. White paper with optimum parameters for records is used. Forms of the certificate of origin of the ST-1 form will contain symbols of protection of yellow or green color thanks to which any mechanical or chemical falsification becomes noticeable with the naked eye.

22. On the form of the certificate of origin of the ST-1 form reference to the name and the address of typography or its sign which allows to identify typography on which these forms of certificates were made is made.

23. In the certificate of origin of the ST-1 form corrections, podtirka, etc. are not allowed, except as specified, when correction is performed on the basis of the written application of the exporter or person authorized by it, and correction is certified by the signature of the exporter or person authorized by the exporter and makes sure seal of competent customs authority. In need of introduction of large number of corrections and/or when the made changes complicate free reading information from the certificate and can raise doubts concerning their reliability, the new form of the certificate of origin is filled in.

24. In case of theft, loss or damage of the certificate of origin according to the written application of the exporter the duplicate on the new form of the certificate marked in the cartridge 5 of the certificate "DUPLICATE" with indication of date and number series of the original certificate of origin can be issued. The duplicate of the certificate is valid from the date of issue specified in the original, but no more than 12 months from the moment of issue of the original.

25. In exceptional cases the certificate of origin can be issued also after the actual commodity export if it was not issued at the time of export owing to unintentional mistakes, any omissions or other special situations if the issued certificates because of the technical reasons were not accepted when importing about what it is specified in the cartridge 5 of the certificate of origin "It is ISSUED AFTERWARDS". The competent customs authority will certify and will issue afterwards the certificate of origin of the ST-1 form only after check of compliance of the data specified in the statement declaration of the exporter, this in the relevant documents for export and that the certificate of origin of the ST-1 form was not issued at the time of export of the corresponding goods.

26. Unused intervals of cartridges of the certificate of origin shall be crossed out so that their further illegal use was impossible. Between ranks when the specified cartridges are not filled completely, line under the last number of the text shall be drawn, crossing out free space.

27. Certificates of origin can be cancelled after their certificate and issue when on that there are good causes (the certificate and issue with violation of the procedure or based on incomplete and/or false information, etc.). In case after cancellation of the certificate of origin the new certificate is issued, in the cartridge 5 of the issued certificate the entry "It Is Issued instead of the Certificate" is made and date, series/number of the cancelled certificate is specified.

28. Forms of certificates of origin can be cancelled in the course of their filling about what the statement in accordance with the established procedure with indication of the cancellation basis is drawn up (spoil, assumption of any technical/mechanical mistakes, withdrawal of the statement declaration, etc.)

IV. Accounting of certificates of origin of the ST-1 form

29. Customs authorities provide storage of copies of each certified and issued certificate.

30. Accounting of the certified and issued certificates of origin is made electronically, with use of the automated system of accounting.

31. The statement declaration, the copy of the certificate of origin of the CT-1, form originals of appraisal certificates (if were shown) and other documents confirming goods origin are stored in customs authority within at least three years.

V. Procedure of the subsequent control of certificates and responsibility of customs employees

32. The procedure of the subsequent control of certificates of origin of the ST-1 form and administrative cooperation is regulated by the appendix N 5.

33. The staff of customs (competent customs authority), authorized to certify and issue certificates of origin, bear responsibility according to the current legislation for disclosure of the acquired information during execution of certificates of origin of the CT-1, form which is official or trade secret of economic agents.

Appendix №1

to regulations

See Appendix No. 1 (7Kb In original language)

Appendix № 2

to regulations

See Appendix No. 2 (2Kb In original language)

Appendix №. 3

to regulations

See Appendix No. 3 (8Kb In original language)

Appendix №4

to regulations

Rules of filling and certificate of certificates of origin of goods of the CT-1 form

For the certificate and issue of the certificate of origin of goods of the CT-1 form the goods shall:

a) to be made completely in the Republic of Moldova according to requirements of rules. The description of goods in the form of the certificate of origin shall be rather detailed, allowing identification of goods by employees of customs in case of their control;

b) to be made in the Republic of Moldova in case of which production other goods than specified in Item were used and) provided that these goods were subjected to sufficient conversion according to the above rules. Each goods from delivery shall correspond to all conditions separately.

The cartridge 1 - "The sender/exporter (the name and the postal address)" - the name, complete address are introduced (if exporter is the physical person, F.I.O and complete address) and the country of accommodation of the exporter are specified. The name of the exporter shall be identical specified in the contract and/or the invoice and to correspond to the name specified in constituent documents of the economic export agent. The reduced name of the economic export agent if he is so specified in its charter is allowed.

The cartridge 2 - "The receiver/importer (the name and the postal address)" - the name, complete address and the country of the receiver of goods are specified. If the receiver and the importer are different legal entities, it is necessary to specify that the receiver of goods (the name, complete address and the country) acts "according to the order" the importer (the name, complete address and the country);

The cartridge 3 - "Automobiles and route (as far as it is known)" - are specified specific type of the vehicle of goods and transit (as far as it is known), for example: "Avia", "Automobile", "Railway", "Sea". If goods are transported through the third country, in this case notes in the following procedure will be specified: "Automobile of Chisinau (Republic of Moldova) to Moscow (Russian Federation) through Kiev (Ukraine)".

The cartridge 4 - in the upper line of the cartridge are specified origin certificate number, and on the right syntagmas "It is issued in" Republic of Moldova as the country which issued the certificate is specified, and on the right syntagmas "For provision in" should be specified in Russian the name of the State Party of the Agreement on creation of the Free trade area within the Commonwealth of Independent States where the goods are exported: for example: Russian Federation.

The cartridge 5 - "For office marks" - notes of customs authorities which concern circumstances of issue of the certificate fit in: for example, "Duplicate", "Is issued instead of the certificate", "Is issued afterwards".

In case of issue of certificates of origin of the CT-1 form on goods in case of which production the goods coming from the states - agreement parties about creation of the Free trade area within the Commonwealth of Independent States were used "Cumulation of the CIS" fits in and number and date of the certificate of origin of the CT-1 form (provided in the original), and also the country which issued the appropriate certificate are specified: for example, "CT-1 N XXXXXXX from DD.MM.GGGG the Russian Federation".

In case of re-export to the State Parties of the Agreement on creation of the Free trade area of the CIS of goods which were made in other State Parties of the agreement except the Republic of Moldova, in this cartridge the syntagma "Is noted the certificate is issued based on the certificate of country of source" with indication of number and date of issue of the certificate of origin which is earlier issued by this state according to rules.

The cartridge 6 - "Number" - is specified sequence number of goods.

The cartridge 7 - "The number of places and type of packaging" - number of places/packets and type of packaging are specified.

The cartridge 8 - "The description of goods" - names of goods, and also the description of goods which shall be rather detailed for possible identification of goods on which the certificate is issued are specified. If proceeding from kind of goods items of the exported goods in the cartridge 8 of the certificate there is not enough place for the description of goods, in the lower part of the cartridge the syntagma" (continuation see additional leaf of the certificate) is noted" and the description of goods on additional leaf proceeds.

The cartridge 9 - "Criterion of origin" - is specified criterion of origin for each goods specified in the cartridge 8. In case of issue of the certificate of origin for the goods which are completely made in the Republic of Moldova the letter "P" is specified, in case of the goods made from raw materials with origin from the State Parties of the Agreement on creation of the Free trade area of the CIS the letter "K" is specified, and in case of issue of the certificate for the goods made as a result of sufficient conversion the letter "D" with indication of the first four signs of goods item according to the Harmonized commodity description and coding system is specified (for example: "Д 1701").

The cartridge 10 - "Weight gross/net" - is specified (kg) gross weight and net in kilograms or other quantity expressed by others to parameters (units of measure) of goods quantity according to the Harmonized commodity description and coding system.

The cartridge 11 - "Number and invoice date" - are specified number and date of commercial invoices (invoices), accounts proformas or other documents reflecting financial and quantitative parameters of goods. Invoice date cannot be later than date of issue of the certificate.

The cartridge 12 - "Certificate" - the name and the address of customs which issues the certificate of origin are specified. In the lower part of heading, are specified date of assurance and issue of the certificate using the signature of the authorized employee of customs and authentic seal of the relevant customs intended for certification of goods origin.

The cartridge 13 - "The declaration of the applicant" - In the upper line of the cartridge Republic of Moldova, the state in the territory of which goods for which the certificate of origin of goods of the CT-1 form is issued were made is specified. By means of the signature of the head of the exporter or the authorized representative of the exporter using wet seal of the company in the places of heading provided for this purpose the exporter declares in the lower line of the cartridge that all data and approvals from the certificate are complete, correct and completed honesty that all goods were made in the Republic of Moldova and origins of the specified criteria for these goods provided by rules conform to requirements.

Appendix № 5

to regulations

Procedure of the subsequent control of certificates of origin of the CT-1 form and administrative cooperation

1. Customs authorities of the Republic of Moldova carry out the subsequent control of certificates of origin of goods, the CT-1, forms issued for the goods exported from the Republic of Moldova to the State Parties of the Agreement on creation of the Free trade area within the Commonwealth of Independent States according to the procedure established by rules and this provision.

2. The subsequent control of certificates of origin of goods of the CT-1 form is carried out at the request of authorized customs authorities of state members of the Agreement on creation of the free trade area within the Commonwealth of Independent States in case reasons to believe are had that the data specified in the certificate are invalid, or for the purpose of carrying out selective control.

3. Customs authorities carry out the subsequent control of certificates of origin of goods of the CT-1 form based on the written request of customs authority from state member of the Agreement on creation of the Free trade area within the Commonwealth of Independent States in which the request reasons at first of the procedure of the subsequent control of certificates are specified.

4. The subsequent control is made according to the order of Customs Service by authorized customs authorities which certified and issued the appropriate certificate of origin.

5. For the purpose of carrying out the subsequent control the competent customs authority has the right to take all necessary measures for control of reliability of certificates, accuracy of information on real origin of these goods and observance of other requirements. For this purpose customs authorities have the right to require any supporting documents and proofs, to carry out any control of financial transactions of the exporter or any other control which will be counted necessary.

6. Results of the subsequent control are submitted to customs authorities of the required country within the shortest term and with observance of the maximum terms provided by rules.

7. Results of the subsequent control are represented in the document form, reports and other acts which allow to determine whether this certificate of origin of the ST-1 form belongs to the goods which are actually exported and whether these goods can be considered coming from the Republic of Moldova according to the criteria of origin established in rules or from the states of agreement parties about creation of the Free trade area within the Commonwealth of Independent States.

8. If in case of issue of the certificate of origin of the ST-1 form the goods were made with use of goods, for which the certificate of origin of the CT-1, form to, to results of control issued the copy of the certificate of origin which covers the used goods is attached.

9. In cases when as a result of the carried-out control or based on the available information violations in certification of origin come to light and in case of issue of certificates of origin of the CT-1, form customs authorities of the Republic of Moldova (on own initiative or according to the statement of the required country) make urgent investigation for the purpose of identification and elimination of violations.

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