It is registered
Ministry of Justice
Republic of Uzbekistan
On December 14, 2009 No. 2053
of November 2, 2009 No. 01-02/12-22, 2 of November, 2009 No. EG-01/10-7233
About approval of Rules of customs clearance of the goods moved through customs border of the Republic of Uzbekistan within agreement performance about the Section of products concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan of May 13, 2008
According to article 6 of the Law of the Republic of Uzbekistan "About the State Customs Service", the laws of the Republic of Uzbekistan "About subsoil", "About Production sharing agreements" and resolutions of the President of the Republic of Uzbekistan of March 26, 2009 of N PP-1081 "About measures for implementation of the Production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan" and of June 3, 2009 N PP-1121 "About the mechanism of implementation of works under the Production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan", the Production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan of May 13, 2008 the State Customs Committee and the Ministry of Foreign Economic Relations, Investments and Trades of the Republic of Uzbekistan decide:
1. Approve Rules of customs clearance of the goods moved through customs border of the Republic of Uzbekistan within agreement performance about the Section of products concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan of May 13, 2008 according to appendix.
2. This resolution becomes effective after ten days from the date of its state registration in the Ministry of Justice of the Republic of Uzbekistan.
|
Chairman State customs committee |
Nasirov of Page X. |
|
Minister external economically bonds, investments and trade |
Ganiyev E. M. |
Appendix
to the resolution of the State Customs Committee, Ministry of Foreign Economic Relations, Investments and Trades of November 1, 2009 No. 01-02/12-22, EG-01/10-5636
These rules according to article 6 of the Law of the Republic of Uzbekistan "About the State Customs Service", the laws of the Republic of Uzbekistan "About subsoil", "About Production sharing agreements" and resolutions of the President of the Republic of Uzbekistan of March 26, 2009 N PP-1081 "About measures for implementation of the Production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan" and of June 3, 2009 N PP-1121 "About the mechanism of implementation of works under the Production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan", the Production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan between the Republic of Uzbekistan and the company "PETRONAS Carigali Overseas Sdn. Bhd. " (Malaysia) of May 13, 2008 establish procedure of customs clearance of the goods moved through customs border of the Republic of Uzbekistan within the specified Agreement.
1. In these rules the following basic concepts are used:
Production Sharing Agreement - The production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan between the Republic of Uzbekistan and the company "PETRONAS Carigali Overseas Sdn. Bhd." (Malaysia) of May 13, 2008, including appendices, and also changes and amendments to it;
Marketing arrangements - marketing arrangements under the production sharing agreement concerning fields Urga, Kuanysh and Akchalaksky group of the Ustyurt region of the Republic of Uzbekistan of May 13, 2008 between the Republic of Uzbekistan and PETRONAS CARIGALI (URGA) LTD., which are integral part of the Production Sharing Agreement;
The investor - means PETRONAS CARIGALI (URGA) LTD., including his legal successors and admissible cessionaries;
Operator - company "PETRONAS Carigali (Urga) of Operating Company LLC" created for the organization of accomplishment of the Oil and gas transactions provided in the Production Sharing Agreement, and registered in the territory of the Republic of Uzbekistan;
Authorized body - National holding company "Uzbekneftegaz";
Oil and gas transactions - means all activities connected with the organization and work for designing, purchase of goods, works and services, assessment, arrangement and development, production, excitement, forcing, collection, stabilization, cleaning (including preparation of Natural gas), extraction (including receipt of commodity sulfur), storage, loading, shipment, conversion and transportation of Hydrocarbons and the sulfurs extracted on Contract area to the Delivery point, transactions on liquidation and preservation concerning Contract area, and also other activities providing accomplishment of the Annual working program;
The contractor - any physical person or legal entity with which the Investor and (or) the Operator signed the agreement to deliver goods, performance of works or rendering the services connected with Oil and gas transactions. This concept includes subcontractors with whom the Contractor signs agreements to deliver goods, performance of works or rendering the services connected with Oil and gas transactions;
Goods - the goods intended for release in the free circulation and returned goods moved through customs border of the Republic of Uzbekistan according to the Production Sharing Agreement and also the Natural gas moved through customs border of the Republic of Uzbekistan with the Investor and (or) the Operator for the purposes of export within the Production Sharing Agreement;
The goods intended for release in free obrashcheniyemateriala, the equipment, tools, devices and details, fuel and lubricants (fuels and lubricants), vehicles and other personal estate, and also the material technical resources used in the course of work on the Production Sharing Agreements, project and technical documentation imported on customs area of the Republic of Uzbekistan;
Returned goods - materials, the equipment, tools, devices and details, vehicles and other personal estate, project and technical documentation moved on customs area of the Republic of Uzbekistan under customs regime of temporary import with the subsequent export out of limits of customs area of the Republic of Uzbekistan;
Natural gas - means all Hydrocarbons extracted on Contract area which are in gaseous state under normal conditions of temperature and pressure (20 °C and 101,325 of kPa), including, the associated gas and dry gas remaining after extraction or separation of liquid hydrocarbons from reservoir mix of fields of Hydrocarbons, except for other hydrocarbon products;
The Cargo Customs Declaration (CCD) - the document having legal value and which is drawn up according to the legislation;
The agent is JSC Uztransgaz properly authorized representative regarding realization of Natural gas on behalf of the Investor and Authorized body;
Managing committee - the permanent body as a part of representatives of the Investor and Authorized body performing coordination of activities for performance of works within the Production Sharing Agreement and accepting according to the functions listed in the Production Sharing Agreements obligatory for the Investor and Authorized body of the decision connected with accomplishment of the Production Sharing Agreement.
All other determinations which are not given separate definition in these Rules will matter, specified for such determinations in the Production Sharing Agreement.
2. The import contracts to deliver goods signed by the Investor and (or) the Operator in accordance with the established procedure are subject to registration in authorized bank.
3. The customs clearance of the goods imported by the Investor, the Operator and Contractors is made without collection of customs duties, taxes and fees (except for charges for customs clearance) according to article 20.1 Production Sharing Agreement, taking into account the following features:
accounting of the goods moved with the Investor through customs border of the Republic of Uzbekistan is conducted based on code 00000021, assigned for the Investor by customs authorities;
accounting of the goods moved with the Operator and Contractors through customs border of the Republic of Uzbekistan is conducted based on the RCBO code of the Operator assigned for the Operator according to the legislation.
The separate code is assigned for legal successors and admissible cessionaries of the Investor.
4. For accounting of the provided privileges of GTD it is filled with charge of customs payments.
5. Goods which import is caused by need of receipt of permission of authorized bodies are imported according to the procedure and on the conditions determined by the legislation and the Production Sharing Agreement.
6. The investor and (or) the Operator for accomplishment of Oil and gas transactions has the right to establish customs warehouse according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 20, 2003 N 523 (Collection of the orders of the Government of the Republic of Uzbekistan, 2003, N 11, of the Art. 124) and Regulations on customs regime "customs warehouse" (reg. N 1318 of February 27, 2004) (Collection of the legislation of the Republic of Uzbekistan, 2004, N 8, the Art. 103).
7. Returned goods are located under customs regime of temporary import for the term declared by the Investor and (or) the Operator or the Contractor and established by customs authorities depending on the import purposes, with filling of the cargo customs declaration taking into account the following features:
in the left subsection of column 24 the code of the transaction "79" is specified;
in Item 3 of column 44 number and signature date of the Production Sharing Agreement, and also letter of the Investor and (or) Operator concerning the moved goods is specified. In case of movement of goods under the contracts signed by the Operator their number and signature date is also specified.
8. The customs clearance and customs control of returned goods in temporary import regime is exercised by the relevant customs authorities.
9. Before the expiration of temporary import, the Investor and (or) the Operator and (or) the Contractor shall dispose of returned goods of one of the following methods:
export them from customs area of the Republic of Uzbekistan in the re-export mode;
extend the term of their temporary import, based on the written appeal to the relevant customs authority not later than thirty days before the expiration of fixed term of temporary import;
declare their room in the release mode for free circulation or under other mode according to the procedure, established by the legislation and the Production Sharing Agreement.
10. Prolongation of temporary import of returned goods for term from above originally specified in GTD during all effective period of the Production Sharing Agreement is performed by customs authorities according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 17, 2004 N 399 (Collection of the legislation of the Republic of Uzbekistan, 2004, N 33, the Art. 372) and Regulations on customs regime of temporary import (export) (reg. N 1418 of October 14, 2004) (Collection of the legislation of the Republic of Uzbekistan, 2004, N 40-41, Art. 444).
11. The customs clearance of back exported returned goods is performed by the relevant customs authority which delivered these returned goods on control according to the declared temporary import regime.
12. GTD for the goods intended for release in free circulation is filled taking into account the following features:
in the left subsection of column 24 the code of the transaction "79" is specified;
in Item 3 of column 44 number and signature date of the Production Sharing Agreement, and also letter of the Investor and (or) Operator concerning the moved goods is specified. In case of movement of goods under the contracts signed by the Operator their number and signature date is also specified;
the column "C" is filled in in case of movement of goods under the contracts signed by the Operator.
13. The goods intended for release in free circulation of the Investor and (or) the Operator or Contractor can be located under the mode of customs warehouse.
14. Carrying out certification of the goods intended for release in free circulation, which are subject to obligatory certification for the purposes of customs clearance is performed according to the procedure, established by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 6, 2004 N 318 (Collection of the legislation of the Republic of Uzbekistan, 2004, N 27, the Art. 315) and the Instruction about procedure for import to the territory of the Republic of Uzbekistan of goods (products), subjects of obligatory certification (reg. N 901 of February 26, 2000) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 2000, N 5);
15. The goods placed in the release mode for free circulation according to the statement of the Investor and (or) Operator or Contractor can be exported out of limits of customs area of the Republic of Uzbekistan in the re-export mode in case of observance of the conditions and requirements established by Regulations on customs regime of re-export (per. N 1134 of May 2, 2002) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 2002, N 9).
16. Export of Natural gas out of limits of the Republic of Uzbekistan is performed by the Agent in customs regime of export, according to the legislation and provisions of Marketing arrangements.
17. The customs clearance of the exported Natural gas is performed by the Agent. Amounts and the prices of the exported Natural gas are determined according to provisions Production Sharing Agreements, Marketing arrangements and conditions of export contracts of Natural gas, on conditions DAF border of the Republic of Uzbekistan (The Incoterms-2000 with subsequent changes) on Commercial metering station of accounting of gas-systems of gas pipelines Central Asia-Center or Bukhara - the Urals on which the Natural gas delivered within the Production Sharing Agreement crosses border of the Republic of Uzbekistan with the Republic of Kazakhstan.
18. Conducting examination and issue of certificates of the country of goods' origin on the exported natural gas is performed according to the statement of the agent, according to Regulations on procedure for carrying out certification of goods origin (рег. N 2131 of August 13, 2010) (Collection of the legislation of the Republic of Uzbekistan, 2010 N 33, the Art. 279).
19. Declaring and customs clearance of the Natural gas moved with pipeline transport is performed on two-stage basis.
20. At the first stage: monthly no later than the 20th preceding month of movement of Natural gas through customs border of the Republic of Uzbekistan, the Agent represents to customs authority the temporary (incomplete) cargo customs declaration (further - VGTD) on amounts of the Natural gas planned to export in month under report and the following documents:
the copy of the Production Sharing Agreement (it is represented only in case of initial registration);
the copy of Marketing arrangements (it is represented only in case of initial registration);
export contract of Natural gas;
the document confirming payment of charges for customs clearance;
invoice (invoice) on amounts of the Natural gas planned to movement through customs border of the Republic of Uzbekistan;
the settlement document of the Agent with data on the country of destination, weight, amount, quantity and cost of the Natural gas planned to movement through customs border of the Republic of Uzbekistan in month under report.
21. VGTD on natural gas export is filled according to the Instruction about procedure for filling of the cargo customs declaration (reg. N 834 of November 3, 1999) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 1999, N 12) taking into account the following features:
a) in the third subsection of the column 1 "Declaration Type" the alphabetic VD index - the temporary (incomplete) cargo customs declaration is specified;
b) in the column 2 "Export Sender" the Agent on the order of Authorized body and the Investor with indication of the location of the Agent is specified;
c) in columns 9 and 28 - the corresponding details of the Agent are specified;
d) in the left subsection of the column 24 "Nature of the Transaction" the code of the transaction "79" is specified;
e) in the column 29 "Customs on Border" the name and code of the customs post controlling Commercial metering station of accounting of gas-systems of gas pipelines Central Asia-Center or Bukhara - the Urals is specified;
e) in the column 31 "Cargo Pieces and Description of Goods":
the entry "Delivery during _" with indication of calendar month and year of supply of Natural gas is made;
approximate amounts of Natural gas proceeding from intentions of its export during the specified period are specified;
g) in the column 44 "Additional Information / the Submitted Documents":
under figure 3 as the basis for export the Production Sharing Agreement, number, date and contract value are specified natural gas export;
under figure 8 - number and date of the contract of the order between the Agent and Authorized body and the Investor;
h) in the column 45 "Customs value" the arbitrary customs value determined according to the amounts of Natural gas planned to movement through customs border based on terms of the contract for natural gas export is declared;
i) other data which are subject to the statement in VGTD are specified approximate taking into account the planned amount of Natural gas.
Columns VGTD which filling requires availability of the documents submitted in case of registration of complete GTD are not filled in.
22. Acceptance, registration and customs clearance of VGTD and other documents is made by customs authority according to the procedure applied concerning the goods declared by giving of GTD. Registration of VGTD is made in the magazine of registration of GTD.
23. At the second stage the customs clearance of complete GTD according to the legislation existing on the date of acceptance of VGTD by customs authority is made.
24. Submission due date of complete GTD shall not exceed two months from the moment of the end of the settlement period specified in VGTD. In exceptional cases (in case of reasonable delays of provision of the documents necessary for giving of complete GTD), with the permission of the chief of territorial customs authority submission due date of GTD can be prolonged up to 30 days. At the same time, the Agent in writing addresses to customs authority, having specified the reasons of impossibility of giving of complete GTD.
Along with GTD the following documents are submitted:
VGTD;
the delivery-acceptance certificate of Natural gas on customs border of the Republic of Uzbekistan signed by gas transmission company of the Republic of Uzbekistan and the Operator.
the commercial delivery-acceptance certificate of Natural gas on customs border of the Republic of Uzbekistan signed by the Agent and the buyer;
invoice (invoice) on amounts of the Natural gas which is actually moved through customs border of the Republic of Uzbekistan in month under report;
the certificate of the Agent of supply of Natural gas in month under report with data on the country of destination, weight, amount, quantity and cost of the Natural gas which is actually moved through customs border of the Republic of Uzbekistan.
25. GTD is filled according to the Instruction about procedure for filling of the cargo customs declaration (reg. N 834 of November 3, 1999) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 1999, N 12) taking into account filling of VGTD and the following features:
in the column 40 "General Declaration / Prior Document" help number VGTD is specified;
in the column D "Customs control" the employee of customs authority in addition dates the last day of month in which supply of Natural gas was performed, signs it, assures personal number seal and brings in the electronic copy of complete GTD.
26. GTD the same help number, as VGTD is assigned, at the same time they are integral part of each other.
27. In case of discrepancy of the actual amounts of the Natural gas specified in GTD and VGTD by provision by the customs applicant of documents on the actual movement of Natural gas renewal of VGTD is not made.
At the same time if the amount of the charges added and subject to payment for customs clearance, according to GTD, exceeds the amount paid on VGTD their surcharge is made. Surcharge of charges for customs clearance is made to or along with acceptance of GTD by customs authority.
If the amount of the charges added and subject to payment for customs clearance according to GTD is less than amount paid on VGTD, return or offset on account of future payments excessively of the fees paid for customs clearance is performed according to the Instruction about return of excessively paid or enforced customs payments (reg. N 947 of July 14, 2000) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 2000, N 13).
28. In cases if export supply of the Natural gas declared to movement on VGTD did not take place, such VGTD is cancelled. At the same time return of the amount of the fees paid for customs clearance is performed according to the Instruction about return of excessively paid or enforced customs payments (reg. N 947 of July 14, 2000) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 2000, N 13).
29. The investor, the Operator, the Agent and Contractors shall:
show to customs authority the moved goods and submit to customs authority necessary documents for their customs clearance to the corresponding customs regime;
pay the charges established by the legislation for customs clearance;
pay customs payments according to the procedure, established by the legislation in case of registration of returned goods in the release mode for free circulation;
after terms of temporary import of returned goods to export them out of limits of customs area of the Republic of Uzbekistan or to renew them in other customs regime according to the legislation;
upon termination of effective periods of the Production Sharing Agreement to provide to customs authority the closing statement on use of the goods which are drawn up in customs regime of release for free circulation.
30. In case of commodity importation the Contractor carries out the obligations provided in these rules in accordance with the terms of the contracts signed with the Investor and (or) the Operator.
31. Obligations, stipulated in Item 29 these rules, can be carried out by persons authorized by the Investor, the Operator or Contractors according to the signed agreements.
32. Responsibility for timeliness and completeness of payment of charges for customs clearance concerning the goods moved with the Investor, the Operator or the Agent through customs border of the Republic of Uzbekistan within the Production Sharing Agreement is born by the Investor.
33. Responsibility for timeliness and completeness of payment of charges for customs clearance concerning the goods moved through customs border of the Republic of Uzbekistan with the Contractor is born by the Contractor in accordance with the terms of the contracts signed with the Investor and (or) the Operator.
34. If necessary, the Operator at the request of the Investor and in coordination with Authorized body can export out of limits of the Republic of Uzbekistan project, technical, reporting documentation, geologic-geophysical materials, samples and tests of geological breeds and formation fluids for the purpose of carrying out processing, the analysis and studying according to the written appeal to the relevant customs authority according to the legislation of the Republic of Uzbekistan.
35. The operator at the request of the Investor and in coordination with Authorized body can export out of limits of the Republic of Uzbekistan originals of records and other data for carrying out processing, the analysis and studying. The investor and (or) the Operator shall return the exported specified records and data back to the Republic of Uzbekistan.
36. In case of inappropriate use of the imported goods, including their alienations, are enforced in accordance with the established procedure all payments which are subject to payment in the government budget according to the legislation of the Republic of Uzbekistan.
37. These rules are approved with authorized body and the investor.
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The document ceased to be valid since January 23, 2017 according to Item 1 of the Resolution of the State Customs Committee and Ministry of Foreign Economic Relations, Investments and Trades of the Republic of Uzbekistan of 10.01.2017 No. 01-02/12-66