Approved by the Order of the State Customs Committee of the Azerbaijan Republic of June 23, 2009 No. 065

 

It is approved Ministry of Culture and Tourism Azerbaijan Republic June 12, 2009

Rules of movement of cultural values through customs border of the Azerbaijan Republic

1. General provisions

1.1. These rules are prepared based on the Customs code of the Azerbaijan Republic, the Laws of the Azerbaijan Republic "About culture", "About protection of historical and cultural monuments", "About National Archive Fund", "About the museums", "Rules of import in Azerbaijani the Republic and export from the Azerbaijan Republic of office and civil weapon", No. approved by the Presidential decree of the Azerbaijan Republic of 24.08.2002 769, of resolutions of the Cabinet of Ministers of the Azerbaijan Republic of 15.10.1998 No. 204 "About approval of "Rules of protection, export and use of national cultural values", of 06.03.2000 No. 32 "About approval "Procedure for temporary export abroad of documents and collections for the purpose of international cooperation", of 12.08.1999 No. 130 "About approval of "Order of registration of cultural values of the Azerbaijan Republic in the State list of national cultural property and the security list of cultural values" and of 31.05.2001 No. 105 "About approval "Rules of movement by physical persons through customs border of the Azerbaijan Republic of the goods which are not intended for production and commercial purposes" and other regulatory legal acts of the Azerbaijan Republic also regulate movement through customs border of the Azerbaijan Republic of cultural values from physical persons and legal entities, and also the foreign persons using customs privileges on customs area of the Azerbaijan Republic (further - persons).

1.2. In these rules the following concepts are used:

* cultural values - the objects of secular and religious nature having historical and art value and belonging to the categories the established Law of the Azerbaijan Republic "About culture";

* museum fund - meeting of the protected museum objects and collections which are constantly containing in the museums operating in the territory of the Azerbaijan Republic and being in the state-owned, municipal and private property;

* library stock - the collection of printing works and other data carriers created according to tasks of libraries for the purpose of public use;

* National Archive Fund - meeting of documents irrespective of their type, the place of origin and storage which are reflecting the material and spiritual life of people, having historical, scientific, economic, political, social and cultural value and being integral part of cultural heritage of the Azerbaijani people;

* import/export of cultural values - import of cultural values to customs area of the Azerbaijan Republic or export them from customs area of the Azerbaijan Republic in the procedure established by the legislation of the Azerbaijan Republic, including by means of the international mailings.

1.3. Rare cultural values of national and universal value, and also the cultural values containing in the museums, libraries, funds, exhibitions and archives are under protection of the state and the procedure for their registration is established in "Security the list of cultural values of the Azerbaijan Republic".

Collections of museum fund, National library stocks, documents of National Archive Fund, historical documents which are stored in non-governmental organizations and at individuals and taken on the state accounting, models of folk applied art, other national cultural property established by the legislation of the Azerbaijan Republic belong to these cultural values.

1.4. Level of special protection extends to objects of the national cultural property brought in the State List of national cultural property of the Azerbaijan Republic.

Values of national cultural property can be issued out of limits of customs area of the Azerbaijan Republic only for holding temporary exhibitions, tours, presentations, restoration works and the international cultural actions, as a rule, for the term of no more than six months within year.

Originals of the documents entering into National Archive Fund or copies replacing them can be issued out of limits of the Azerbaijan Republic in accordance with the established procedure no more than for three months.

1.5. The cultural values established by the legislation of the Azerbaijan Republic and brought by the Ministry of Culture and tourism of the Azerbaijan Republic in the security list can be exported from customs area of the Azerbaijan Republic according to the protection level appropriated based on particular treatment in case of submission to customs authority of the Azerbaijan Republic of the certificate on possibility of the export issued by the Ministry of Culture of both tourism of the Azerbaijan Republic, and payment of customs duty in the amount of 100 percent from commission cost.

For entering into the government budget the customs duty is paid in cash desk of the customs authority performing customs clearance and customs control concerning cultural values.

1.6. After provision to customs authority of the Azerbaijan Republic of the allowing document issued by the Ministry of Culture and tourism of the Azerbaijan Republic, cultural values can be exported (are exported) from customs area of the Azerbaijan Republic.

In the absence of the certificate at cultural values, the brought in the security list, their export out of limits of customs area of the Azerbaijan Republic is forbidden.

1.7. Person which is temporarily exporting cultural values through customs border of the Azerbaijan Republic shall provide in the procedure established by the legislation of the Azerbaijan Republic to customs authority the obligation about their return.

1.8. Availability of the certificate or permission for free use does not exempt physical persons and legal entities from provision to customs authorities for customs clearance and customs control of other documents, stipulated by the legislation.

1.9. Samples of certificates and permissions for free use go the Ministry of Culture and tourism of the Azerbaijan Republic to the State Customs Committee of the Azerbaijan Republic for use in office work.

In case of modification and amendments in the above-stated documents, the State Customs Committee of the Azerbaijan Republic is informed on it.

In case of the certificate expiration, provision of the new certificate is required.

1.10. When exporting cultural values from customs area of the Azerbaijan Republic the following data for implementation of customs identification shall be reflected in the certificate and permission for free use:

* name of cultural value;

* technology of production;

* material;

* sizes;

* date of production;

* cost;

* level of protection of cultural values on which the certificate is granted (advanced, conservation, restoration, special);

* the conclusion on export;

* specific mode of cultural values on which the certificate (temporary, the return term, the export purpose (exhibition, the presentation, restoration, etc.)) is granted;

* the image of cultural values on which the certificate is granted;

* the term of use of the certificate granted on cultural value.

1.11. Cultural values to which security level is not appropriated (in the presence of the document for their free use) can be exported out of limits of customs area of the Azerbaijan Republic in free procedure.

1.12. The customs clearance and customs control concerning the cultural values consisting of precious metals and gemstones are performed according to provisions of these rules with observance of requirements of regulatory legal acts of the Azerbaijan Republic about precious metals and gemstones.

1.13. The art, historical, scientific and other objects of culture which are not intended for production and commercial purposes can be imported by physical persons on customs area of the Azerbaijan Republic in any number without payment of customs payments.

1.14. Levels of protection of cultural values are not applied to works of the author in the period of his life and within thirty years after his death.

2. Customs clearance of the cultural values moved through customs border of the Azerbaijan Republic, and customs control over them

2.1. The cultural values moved through customs border of the Azerbaijan Republic are subject to obligatory written declaring to customs authority. The procedure for declaring and form of the customs declaration are established by the legislation of the Azerbaijan Republic.

2.2. The non declaration of cultural values to customs authority of the Azerbaijan Republic attracts responsibility with compliance with the current legislation of the Azerbaijan Republic.

2.3. Together with the customs declaration persons submit the documents necessary for customs clearance and customs control to customs authority.

The list of documents is established by the customs legislation of the Azerbaijan Republic:

2.4. When exporting cultural values from customs area of the Azerbaijan Republic persons along with the declaration specified in Item 2.3 of these rules, and also documents, represent to customs authority in 2 (two) copies the safe-conduct or permission issued by the Ministry of Culture and tourism of the Azerbaijan Republic for free use.

Customs control is exercised based on the original of the safe-conduct or permission for free use.

2.5. When implementing customs clearance and customs control the cultural values which are exported from customs area of the Azerbaijan Republic are compared with the data containing in the provided certificate, permission for free use and other documents specified in Item 2.3 of these rules and in the original certificate or permissions are made for free use the corresponding marks (date of export, the number of actually moved values, etc.).

The corresponding marks are confirmed by personal number seal of the employee of customs authority.

2.6. The original certificate or permissions for free use together with the list and photos of cultural values are stored in case of the customs authority performing customs clearance and customs control.

2 copy of the certificate or permission for free use, the lists and photos attached to it return to the owner of cultural values.

2.7. With discrepancies between the cultural values and details of the certificate or permission which are exported from customs area of the Azerbaijan Republic, cultural values are late and concerning them adequate measures are accepted according to the legislation of the Azerbaijan Republic.

2.8. In case of detection of the cultural values prohibited to movement through customs border of the Azerbaijan Republic or withdrawn from civil circulation concerning them adequate measures are accepted according to the legislation of the Azerbaijan Republic.

The list of the cultural values prohibited to movement through customs border of the Azerbaijan Republic or withdrawn from civil circulation is established by the Cabinet of Ministers of the Azerbaijan Republic.

2.9. In case of receipt from competent authorities of the respective countries of data on cases of illegal export or acquisition of the cultural values moved through customs border of the Azerbaijan Republic from other country, customs authorities detain these cultural values.

On established fact, in case of need, customs authorities together with other authorized state bodies hold necessary events.

2.10. The cultural values which are not allowed to export from customs area of the Azerbaijan Republic because of the available prohibitions and restrictions (in the absence of signs of smuggling and customs offenses), can be transferred by the owner to storage to customs authority or are returned to it. The storage duration is determined according to the customs legislation of the Azerbaijan Republic.

Concerning the cultural values which are not requested by the owner or his representative before completion of storage duration, customs authorities take adequate measures based on requirements of the legislation.

2.11. Permanent storage in the territory of foreign countries of the cultural values which are exported from customs area of the Azerbaijan Republic on terms of return is performed according to rules, stipulated by the legislation the Azerbaijan Republic.

2.12. The customs clearance and customs control concerning the cultural values transported through customs area of the Azerbaijan Republic according to the procedure of transit is performed according to requirements of regulatory legal acts of the Azerbaijan Republic about transit transportations.

2.13. Customs taxes and duties on the national cultural values returned on customs area of the Azerbaijan Republic are not levied. The customs duties on originals of archive documents or copies replacing them which are exported from the territory of the Azerbaijan Republic and imported on it are not levied.

 

 

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