It is registered
Ministry of Justice
Republic of Uzbekistan
On April 19, 2010 No. 2097
of April 5, 2010 No. No. 01-02/12-32, EG-01/10-240, 92, 06-282
About approval of Rules of customs clearance of the goods moved through customs border of the Republic of Uzbekistan within the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada and also the Kungradsky site of June 16, 2004 and within the Production sharing agreement concerning fields in Southwest Gissar's territories and the Ustyurt region of the Republic of Uzbekistan of January 23, 2007
According to article 6 of the Law of the Republic of Uzbekistan "About the State Customs Service" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, No. 9, the Art. 230), the Customs code of the Republic of Uzbekistan (The sheet of Oliy Majlis of the Republic of Uzbekistan, 1998, No. 2, the Art. 36), the Law of the Republic of Uzbekistan "About subsoil" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2003, No. 1, the Art. 5), the Law of the Republic of Uzbekistan "About production sharing agreements" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, No. 1, the Art. 12), the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site of June 16, 2004 approved by resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of June 11, 2004 No. 276 "About development of fields of Kandymsky group, Hauzak Shada and conducting exploration works in the Ustyurt region of the Republic of Uzbekistan", of September 14, 2004 No. 428 "About measures for implementation of the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site" (taking into account the Supplementary agreement No. 1 of March 5, 2008 and the Supplementary agreement No. 2 of January 21, 2009) and the Production sharing agreement concerning fields in Southwest Gissar's territories and the Ustyurt region of the Republic of Uzbekistan of January 23, 2007 approved by the resolution of the President of the Republic of Uzbekistan of January 16, 2007 No. PP-567 "About measures for conducting exploration works, development of fields and hydrocarbon production in Southwest Gissar's territories and the Ustyurt region of the Republic of Uzbekistan" (taking into account the Supplementary agreement No. 1 of January 21, 2009), the State Customs Committee, The ministry external economic bonds, investments and trade, the Ministry of Economics of the Republic of Uzbekistan and the Uzbek standardization agency, metrology and certification decide:
2. Recognize to invalid:
the resolution of the State Customs Committee, Agency on external commercial relations and the Ministries of Economics of the Republic of Uzbekistan of March 25, 2005 No. No. 01-02/12-7, HH-B-01/10-1289, 0-2/8 (рег. No. 1468 of April 14, 2005) (Collection of the legislation of the Republic of Uzbekistan, 2005, Art. No. 15-16, 118);
the resolution of the State Customs Committee, Ministry of Foreign Economic Relations, Investments and Trades of the Republic of Uzbekistan, the Uzbek standardization agency, metrology and certification of March 16, 2007 No. No. 01-02/20-9, EG-01/10-1447, P-2 (рег. No. 1674 of April 14, 2007) (Collection of the legislation of the Republic of Uzbekistan, 2007, No. 16, the Art. 166);
the resolution of the State Customs Committee, Ministry of Foreign Economic Relations, Investments and Trades, Ministry of Economics of the Republic of Uzbekistan of April 17, 2008 No. No. 01-02/12-21, EG-01/10-1497, 45 (рег. No. 1805 of May 5, 2008) (Collection of the legislation of the Republic of Uzbekistan, 2008, No. 19, the Art. 168).
3. 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 of the State Customs Committee |
S. Nasyrov |
|
Minister of Foreign Economic Relations, Investments and Trades |
E.Ganiyev |
|
Minister of Economic Affairs S. Bekenov CEO of the Uzbek agency on standardization, metrology and certification |
A. Abduvaliyev |
Appendix
to the Resolution of the State Customs Committee, Ministry external economic bonds, investments and trade, the Ministry of Economics of the Republic of Uzbekistan, the Uzstandart Agency of April 5, 2010 No. No. 01-02/12-32, EG-01/10-240, 92, 06-282
These rules according to the Law of the Republic of Uzbekistan "About the State Customs Service" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, No. 9, the Art. 230), the Customs code of the Republic of Uzbekistan (The sheet of Oliy Majlis of the Republic of Uzbekistan, 1998, No. 2, the Art. 36), the Law of the Republic of Uzbekistan "About subsoil" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2003, No. 1, the Art. 5), the Law of the Republic of Uzbekistan "About production sharing agreements" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2002, No. 1, the Art. 12), the resolution of the President of the Republic of Uzbekistan of January 16, 2007 No. PP-567 "About measures for conducting exploration works, development of fields and hydrocarbon production in Southwest Gissar's territories and the Ustyurt region of the Republic of Uzbekistan", the resolution of the President of the Republic of Uzbekistan of March 23, 2009 No. PP-1078 "About additional measures for further implementation of Production sharing agreements with the company "Lukoil Oversiz Holding LTD. ", resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of June 11, 2004 No. 276 "About development of fields of Kandymsky group, Hauzak, Shada and conducting exploration works in the Ustyurt region of the Republic of Uzbekistan", of September 14, 2004 No. 428 "About measures for implementation of the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site", the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site between the Republic of Uzbekistan and consortium of investors as a part of open joint stock company "The Lukoil oil company and National holding company "Uzbekneftegaz" of June 16, 2004 (taking into account the Supplementary agreement No. 1 of March 5, 2008 and the Supplementary agreement No. 2 of January 21, 2009) and the Production sharing agreement concerning fields in Southwest Gissar's territories and the Ustyurt region of the Republic of Uzbekistan between the Republic of Uzbekistan and the SoyuzNefteGaz Vostok Limited company of January 23, 2007 (taking into account the Supplementary agreement No. 1 of January 21, 2009) establish procedure of customs clearance of the goods moved through customs border within the specified agreements.
1. In these rules the following basic concepts are used:
other hydrocarbon products - broad fraction of the light hydrocarbons extracted within the Production Sharing Agreement and which are stored in the liquefied type under pressure which contains propane, buds and pentanes;
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 Agreement, binding decisions connected with implementation of the Production Sharing Agreement;
Authorized body - the Ministry of Economics of the Republic of Uzbekistan;
The investor - the "Lukoil Oversiz Uzbekistan Ltd." company, being the legal entity by the legislation of the British Virgin Islands, and also her legal successors and admissible cessionaries (further separately referred to as "Investor on the Production Sharing Agreement Hauzak - Shada - Kandy - Kungrad"),
and (or)
the SoyuzNefteGaz Vostok Limited company ("Soyuzneftegaz Vostok Limited"), being the legal entity by the legislation of the island of Guernsey (United Kingdom of Great Britain and Northern Ireland), and also her legal successors and admissible cessionaries (further separately referred to as "Investor on the Production Sharing Agreement Southwest Gissar");
The authorized person Investora - the legal entity or physical person which is properly authorized by Investor, including the Operator and the Marketing company, representing Investor's interests within the Production Sharing Agreement in state bodies of the Republic of Uzbekistan;
returned goods - materials, the equipment, tools, devices and details, vehicles and other personal estate, project and technical documentation placed under customs regime "temporary import";
conversion products - the products received in the course of preparation, oil refining, natural gas, gas condensate, and also other hydrocarbon products during the course of performance by the Production Sharing Agreement, including:
gasoline;
diesel fuel;
oils;
fuel oil;
broad fraction of light hydrocarbons;
kerosene;
products of deep conversion of gas;
sulfur;
other products received by conversion of hydrocarbons;
The marketing company - "Lukoil Oversiz Sapplay энд Trading Ltd." (LUKOIL Overseas Supply and Trading Ltd.), created for the purposes of realization joint products during implementation of the Production Sharing Agreement, being the legal entity by the legislation of the British Virgin Islands, and also her legal successors and admissible cessionaries;
The Production Sharing Agreement - the Production sharing agreement concerning the site of Kandymsky group of fields, sites Hauzak and Shada, and also the Kungradsky site of June 16, 2004 signed between the Republic of Uzbekistan and consortium of investors as a part of Open joint stock company "The Lukoil oil company which is right predecessor of the "Lukoil Oversiz Uzbekistan Ltd." company, and National Holding Company "Uzbekneftegaz" (further separately referred to as "Production Sharing Agreement Hauzak - Shada - Kandy - Kungrad"),
and (or)
The production sharing agreement concerning fields in Southwest Gissar's territories and the Ustyurt region of the Republic of Uzbekistan of January 23, 2007 signed between the Republic of Uzbekistan and the SoyuzNefteGaz Vostok Limited company (further separately referred to as "Production Sharing Agreement Southwest Gissar");
The authorized person of the Marketing company - the physical person or legal entity which is properly authorized by the Marketing company registered in the Republic of Uzbekistan and representing the interests of the Marketing company within the Production Sharing Agreement in state bodies of the Republic of Uzbekistan;
oil and gas transactions - any activities concerning the contract area and extra contract area determined in the Production Sharing Agreement connected with investigation, additional exploration, assessment, designing, arrangement of fields and their development, extraction, production, stabilization, preparation (including preparation of natural gas), excitement, forcing, collection, storage, loading, shipment, transportation of the hydrocarbons (including with use of the bulk distribution line) extracted on contract area to delivery point, the transactions on temporary preservation connected with contract area and also other activities which are directly connected with these transactions and performed within and the purposes of execution of the Production Sharing Agreement;
Operator - Lukoil Uzbekistan Opereyting Company LLC created for the organization of performance of works for the Production Sharing Agreement and registered in the Republic of Uzbekistan on July 9, 2004;
the contractor - any physical person or legal entity with which the Investor and (or) the Operator signed the agreement (contract) for delivery of goods, performance of works or rendering the services connected with oil and gas transactions under the Production Sharing Agreement. This term includes also subcontractors with whom the contractor signs agreements (contracts) for delivery of goods, performance of works or rendering the services connected with oil and gas transactions under the Production Sharing Agreement;
goods - the goods intended for release in free circulation, and the returned goods moved through customs border of the Republic of Uzbekistan according to the Production Sharing Agreement and also the natural gas, products of conversion and other hydrocarbon products moved through customs border of the Republic of Uzbekistan with the Marketing company and (or) the Investor for the purposes of export within the Production Sharing Agreement;
natural gas - the hydrocarbons extracted during implementation of the Production Sharing Agreement which are in gaseous state under normal conditions of temperature and pressure (20 degrees of C and 101,325 of kPa), including, 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 agreement of the order - would mean the agreement of the order of September 14, 2007 signed between the Ministry of Economics of the Republic of Uzbekistan, NHK "Uzbekneftegaz", the Company "LUKOIL Overseas Uzbekistan Ltd." and Company "LUKOIL Overseas Supply and Trading Ltd.",
and (or)
the agreement of the order N UZ-09-8302-0007 of May 18, 2009 signed between the Ministry of Economics of the Republic of Uzbekistan, the Soyuzneftegaz Vostok Limited Company and the Company "LUKOIL Overseas Supply and Trading Ltd.";
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 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;
hydrocarbons - oil, natural gas, gas condensate, other hydrocarbon products and (or) each of the above-stated substances separately, depending on context.
2. Agreements (contracts) for delivery (import) of goods signed by the Operator may contain the conditional reference to code according to the commodity nomenclature of foreign economic activity both the country of export, and the country of import.
At the same time the customs clearance will be performed without modification of agreements if the code according to the commodity nomenclature of foreign economic activity will not change at the level of the first six signs.
3. The goods which are subject to state regulation when which importing special permissions are required are imported according to the procedure and on the conditions determined by the legislation.
4. The customs clearance of the goods imported by the Investor and (or) the Operator and their contractors, and also the exported returned goods, is made without collection of customs payments (except for charges for customs clearance) according to article 20 Production Sharing Agreement of Hauzak-Shada - Kandy - Kungrad and article 19 Production Sharing Agreement Southwest Gissar taking into account the following features:
a) accounting of the goods moved with the Investor under the Production Sharing Agreement Hauzak - Shadykandy - Kungrad through customs border of the Republic of Uzbekistan, is conducted based on code 00000020, assigned for the Investor under the Production Sharing Agreement Hauzak - Shada - Kandy - Kungrad customs authorities;
b) accounting of the goods moved with the Investor under the Production Sharing Agreement Southwest Gissar through customs border of the Republic of Uzbekistan is conducted based on code 00000014, assigned for the Investor under the Production Sharing Agreement Southwest Gissar by customs authorities;
c) accounting of the goods moved with the Operator, contractors - nonresidents 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.
For accounting of the provided privileges in case of customs clearance of the goods imported by the Investor and (or) the Operator, and also the exported returned goods, GTD is filled taking into account customs payments.
d) accounting of the goods moved with contractors - residents through customs border of the Republic of Uzbekistan, is conducted based on the RCBO code of the contractor assigned for the contractor according to the legislation.
5. The operator for accomplishment of oil and gas transactions has the right to establish customs warehouse in compliance the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 20, 2003 No. 523 "About approval of regulations on licensing of activities of customs warehouse, free warehouse and duty-free shop" (Collection of the orders of the Government of the Republic of Uzbekistan, 2003, No. 11, of the Art. 124) and Regulations on customs regime "customs warehouse" (рег. No. 1318 of February 27, 2004) (Collection of the legislation of the Republic of Uzbekistan, 2004, No. 8, the Art. 103).
6. Joint natural gas export, products of conversion, the other hydrocarbon products belonging to the Investor and Authorized body out of limits of the Republic of Uzbekistan if other is not stipulated by the legislation the Republic of Uzbekistan, is performed by the Marketing company for and on behalf of the Investor and Authorized body in customs regime of export according to provisions Production Sharing Agreements without registration of export contracts in the Ministry of Foreign Economic Relations, Investments and Trades of the Republic of Uzbekistan and without their registration in customs authorities of the Republic of Uzbekistan.
If according to the legislation natural gas export is performed by the single operator of NHK "Uzbekneftegaz", the customs clearance of the exported natural gas is made according to Regulations on procedure of customs control and customs clearance of the natural gas moved through customs border of the Republic of Uzbekistan with trunk gas pipelines (рег. No. 1609 of August 10, 2006) (Collection of the legislation of the Republic of Uzbekistan, 2006, Art. No. 31-32, 327).
7. Export of share of natural gas, the products of conversion and other hydrocarbon products belonging to the Investor in the cases provided by the Production Sharing Agreement is performed by the Investor, according to provisions Production Sharing Agreements on the same conditions, as the joint natural gas export, products of conversion and other hydrocarbon products of the Investor and Authorized body performed by the Marketing company.
Export of share of natural gas, the products of conversion and other hydrocarbon products belonging to Authorized body in the cases provided by the Production Sharing Agreement is performed by Authorized body according to the legislation.
8. Accounting of natural gas, the products of conversion and other hydrocarbon products moved with the Marketing company through customs border of the Republic of Uzbekistan is conducted based on code 00000016, assigned for the Marketing company by the State Customs Committee of the Republic of Uzbekistan.
The separate code is assigned for legal successors and admissible cessionaries of the Marketing company.
9. Conducting examination and issue of certificates of the country of goods' origin on exported natural gas, products of conversion and other hydrocarbon products is performed according to the statement of the Marketing company or the Authorized person of the Marketing company according to Regulations on procedure for carrying out certification of goods origin (рег. No. 2131 of August 13, 2010) (Collection of the legislation of the Republic of Uzbekistan, 2010, No. 33, the Art. 279).
10. Goods are located under customs regime of release for free circulation with filling of GTD taking into account the following features:
a) in the left subsection of column 24 the code of the transaction "79" is specified;
b) in column 37 the last two figures - code of feature of movement of the declared goods to put down "44";
c) in Item 3 of column 44 - number and date of the Production Sharing Agreement, number and date of the letter of the Investor and (or) Operator concerning the goods imported by the Investor and (or) the Operator or numbers and dates of the relevant agreements (contracts) and letters of contractors concerning the goods imported by contractors;
The subitem of) Item 10 of the Section II сeased to be valid according to the Resolution of the State Customs Committee of the Republic of Uzbekistan of 12.08.2013 No. No. 01-02/12-7, 12, 33, P-2
11. Carrying out certification of the goods intended for release in free circulation and which are subject to obligatory certification for the purposes of customs clearance is performed according to the procedure, No. 318 established by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 6, 2004 "About additional measures for simplification of the procedure of certification of products" (Collection of the legislation of the Republic of Uzbekistan, 2004, No. 27, the Art. 315) and the Instruction about procedure for import to the territory of the Republic of Uzbekistan of goods (products) which is subject to obligatory certification (рег. No. 901 of February 26, 2000) (Collection of the legislation of the Republic of Uzbekistan, 2000, No. 33, the Art. 376).
Conditional release of goods in the absence of the certificate of conformity can be applied to goods which customs clearance is made according to customs regime "release for free circulation (import)".
12. The goods placed under customs regime of release 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 customs regime of export in case of observance of the requirements and conditions established by the legislation.
13. The goods of the Investor, Operator or contractors intended for release in free circulation can be located under the mode of customs warehouse.
14. Import of returned goods to the territory of the Republic of Uzbekistan is performed in customs regime "temporary import" based on the statement of the Investor and (or) the Operator, or the contractor according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of April 13, 2013 No. 106 "About conditions of temporary import (export) of goods and vehicles in the Republic of Uzbekistan" (Collection of the legislation of the Republic of Uzbekistan, 2013, No. 16, the Art. 217).
15. Returned goods are located under customs regime "temporary import" for the term declared by the Investor and (or) the Operator, or the contractor depending on the import purposes, with filling of GTD taking into account the following features:
a) in the left subsection of column 24 the code of the transaction "79" is specified;
b) in Item 3 of column 44 - number and date of the Production Sharing Agreement, number and date of the letter of the Investor and (or) Operator concerning the returned goods imported
The investor and (or) the Operator, or numbers and dates of the relevant agreements (contracts) and letters of contractors concerning the returned goods imported by contractors;
c) in column 37 the last two figures - code of feature of movement of the declared goods to put down "44".
16. Before the expiration of deadline of temporary import the Investor and (or) the Operator, or the contractor shall dispose of returned goods of one of the following methods:
a) export them from customs area of the Republic of Uzbekistan in the re-export mode;
b) 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;
c) declare their room in the "release for free circulation" mode or under other mode according to the procedure, established by the legislation.
17. 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 April 13, 2013 No. 106 "About conditions of temporary import (export) of goods and vehicles in the Republic of Uzbekistan" (Collection of the legislation of the Republic of Uzbekistan, 2013, No. 16, the Art. 217).
18. The customs clearance of the exported returned goods can be performed by the relevant customs authority in which activities zone they are at the time of registration, in coordination with the customs authority which delivered these returned goods on control in case of their import.
19. The customs clearance of the exported natural gas is performed by the Marketing company or the Authorized person of the Marketing company. Amounts and the prices of the exported natural gas are determined according to provisions Production Sharing Agreements and conditions of the export contracts on realization of natural gas signed by the Marketing company on conditions DAP-border of the Republic of Uzbekistan (The Incoterms-2010 with subsequent changes on commercial metering station of accounting of gas of systems of gas pipelines Central Asia-Center or Bukharaural on which the natural gas delivered within the Production Sharing Agreement crosses border of the Republic of Uzbekistan with the Republic of Kazakhstan. According to the decision of Managing committee other delivery point can be approved.
20. Declaring and customs clearance of the natural gas moved with pipeline transport is performed on two-stage basis.
21. 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 Marketing company or the Authorized person of the Marketing company represents to customs authority the temporary (incomplete) cargo customs declaration (далееВГТД) on amounts of the natural gas planned to movement through customs border of the Republic of Uzbekistan in month under report and the following documents:
a) the copy of the relevant Production Sharing Agreement (it is represented only in case of initial registration);
b) copy of the relevant agreement of the order;
c) the export contract on realization of natural gas;
d) the payment document confirming payment of charges for customs clearance;
e) invoice (invoice) on amounts of the natural gas planned to movement through customs border of the Republic of Uzbekistan;
e) the settlement document of the Marketing company 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.
22. VGTD on natural gas export is filled according to the Instruction about procedure for filling of the cargo customs declaration (рег. No. 834 of November 3, 1999) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 1999, No. 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 Marketing company proceeding from the relevant agreement of the order is specified;
c) in columns 9 and 28 - the corresponding details of the Marketing company in the Republic of Uzbekistan 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 authority controlling metering station of accounting of gas of 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 "The Additional Information, the Submitted Documents":
under figure 3 - as the basis for export the Production Sharing Agreement, number, date and the amount of the export contract on realization of natural gas are specified;
under figure 8 - number and date of the relevant agreement of the order;
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 conditions of the export contract on realization of natural gas 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 execution of the complete cargo customs declaration (further - GTD) are not filled in.
23. 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.
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), submission due date of GTD can be prolonged up to thirty days. At the same time the Marketing company, or the Authorized person of the Marketing company, in writing addresses to customs authority, having specified the reasons of impossibility of giving of complete GTD.
25. 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.
Along with GTD the following documents are submitted:
a) VGTD;
b) 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;
c) the commercial delivery-acceptance certificate of natural gas of the Investor and Authorized body on customs border of the Republic of Uzbekistan signed by the Marketing company and the buyer;
d) copy of the relevant agreement of the order;
e) invoice (invoice) on amounts of the natural gas which is actually moved through customs border of the Republic of Uzbekistan in month under report;
e) the certificate of the Marketing company 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 and data on the joint account in
the foreign bank opened by the Marketing company in the foreign bank outside the Republic of Uzbekistan and intended for direct transfer of all means which arrived from realization of natural gas to the third parties and also for the subsequent transfer of such funds for the joint bank account registered in the territory of the Republic of Uzbekistan, opened by the Marketing company for transfer on it all means from the joint foreign bank account;
g) certificate of conformity;
The subitem з) Item 25 of the Section IV сeased to be valid according to the Resolution of the State Customs Committee of the Republic of Uzbekistan of 12.08.2013 No. No. 01-02/12-7, 12, 33, P-2
26. GTD is filled according to the Instruction about procedure for filling of the cargo customs declaration (рег. No. 834 of November 3, 1999) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 1999, No. 12) taking into account filling of VGTD and the following features:
a) in the column 40 "General Declaration, Prior Document" help number VGTD is specified;
b) 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.
27. GTD the same help number, as VGTD is assigned, at the same time they are integral part of each other.
28. 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 charges for customs clearance excessively of the fees paid for customs clearance is performed according to the Instruction about return of excessively paid or enforced customs payments (рег. No. 947 of July 14, 2000) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 2000, No. 13).
29. 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 (рег. No. 947 of July 14, 2000) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 2000, No. 13).
30. The customs clearance of the exported products of conversion and other hydrocarbon products is performed by the Marketing company or the Authorized person of the Marketing company in amounts and at the price, the export contracts determined according to provisions Production Sharing Agreements and conditions signed by the Marketing company.
31. In case of the customs clearance of products of conversion and other hydrocarbon products placed under customs regime of export along with GTD to customs authorities the following documents are submitted:
a) the copy of the relevant Production Sharing Agreement (it is represented only in case of initial registration);
b) copy of the relevant agreement of the order;
c) the export contract on sales of products of conversion and other hydrocarbon products;
The subitem of) Item 31 of the Section V сeased to be valid according to the Resolution of the State Customs Committee of the Republic of Uzbekistan of 12.08.2013 No. No. 01-02/12-7, 12, 33, P-2
e) transport and shipping documents;
e) the payment document confirming payment of charges for customs clearance;
g) in necessary cases the certificate of conformity for the goods which are subject to obligatory certification.
32. GTD for export of products of conversion and other hydrocarbon products is filled according to the Instruction about procedure for filling of the cargo customs declaration (рег. No. 834 of November 3, 1999) (The bulletin of regulations of the ministries, state committees and departments of the Republic of Uzbekistan, 1999, No. 12) taking into account the features provided by subitems "b", "v", "g" and "zh" of Item 22 of these rules.
Besides, in the column 44 "The Additional Information, the Submitted Documents" are specified:
under figure 3 - as the basis for export the relevant Production Sharing Agreement, number, date and the amount of the export contract on sales of products of conversion and other hydrocarbon products are specified;
under figure 8 - number and date of the relevant agreement of the order.
33. The investor and (or) the Operator shall:
a) show to customs authority goods and submit to customs authority necessary documents for their customs clearance to the corresponding customs regime;
b) pay the charges established by the legislation for customs clearance;
c) pay customs payments according to the procedure, established by the legislation in case of registration of returned goods in the "release for free circulation" mode;
d) after terms of temporary import to export returned goods out of limits of customs area of the Republic of Uzbekistan or to renew them in other customs regime according to the legislation;
e) 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 "release for free circulation".
34. In case of commodity importation the contractor carries out the obligations provided in subitems "a" - "" of Item 33 of these rules in accordance with the terms of agreements (contracts) signed by the Investor and (or) the Operator and the contractor.
35. The obligations provided in subitems "a" - "" of Item 33 of these rules, can be carried out by persons authorized by the Investor, the Operator or the contractor according to the signed agreements (contracts).
36. Responsibility for timeliness and completeness of payment of charges for customs clearance in the relation:
the goods moved with the Operator through customs border of the Republic of Uzbekistan within the Production Sharing Agreement Hauzak - Shada - Kandy - Kungrad, bears the Investor on the Production Sharing Agreement Hauzak - Shada - Kandy - Kungrad and (or) the Operator;
the goods moved with the Operator through customs border of the Republic of Uzbekistan within the Production Sharing Agreement Southwest Gissar the Investor on the Production Sharing Agreement Southwest Gissar and (or) the Operator bears.
37. 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 agreements (contracts) signed between the Investor and (or) the Operator and the contractor.
38. If necessary, at the request of the Investor and to approval of the Operator Authorized body exports out of limits of the Republic of Uzbekistan project, technical, reporting documentation, geologic-geophysical materials, samples and tests of geological breeds and formation fluids (core) for the purpose of carrying out processing, the analysis and studying according to the written appeal to the relevant customs authority according to Production Sharing Agreement conditions.
39. The operator at the request of the Investor and to approval of 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 according to Production Sharing Agreement conditions.
40. If necessary, at the request of the Investor and to approval of Authorized body the Marketing company can export out of limits of the Republic of Uzbekistan samples and tests of the exported goods for the purpose of carrying out processing by potential buyers, the analysis and studying of such samples and tests according to the written appeal to the relevant customs authorities.
Export of such samples and tests in the quantities excluding possibility of causing damage to economic interests of the Republic of Uzbekistan, and also their use in other purposes is performed based on shipping documents without representation of GTD.
41. In case of inappropriate use of the imported goods, including their alienation, the relevant customs authority enforces in accordance with the established procedure all customs payments which are subject to payment in the government budget according to the legislation.
42. These rules are approved with the Ministry of Finance of the Republic of Uzbekistan, the Central bank of the Republic of Uzbekistan and the Operator.
|
Minister of Finance |
R. Azimov |
|
Chairman Central Bank |
F.Mullazhanov |
|
CEO Ltd company "Lukoil Uzbekistan Opereyting of the Company |
E.Chiloyants |
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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