ORDER OF CUSTOMS SERVICE OF THE REPUBLIC OF MOLDOVA

of July 12, 2012 No. 325

About approval of the Instruction on request and provision of obligatory information on goods origin

In pursuance of Art. 215-1 and 215-2 of the Customs code of the Republic of Moldova approved by the Law No. 1149-XIV of July 20, 2000 (it is repeatedly published in the Official monitor of the Republic of Moldova, the special edition of January 1, 2007), with subsequent changes and amendments, the Law of the Republic of Moldova No. 1380XIII of November 20, 1997 about customs tariff (it is repeatedly published in the Official monitor of the Republic of Moldova, the special edition of January 1, 2007), with subsequent changes and amendments, the Orders of the Government No. 1599 of December 13, 2002 about rules of goods origin (The official monitor of the Republic of Moldova, 2002, No. 174-176, of the Art. 1755), and also based on item 8 of the Regulations on Customs Service approved by the Order of the Government No. 4 of January 2, 2007. (The official monitor of the Republic of Moldova, 2007, with subsequent changes and amendments, I ORDER to No. 3-5/15):

1. Approve the Instruction on request and provision of obligatory information on goods origin, according to appendix.

2. To confer responsibility for execution of this Order on management of the organization of customs control.

3. To impose control over execution of this Order on department of the income and customs control.

Appendix

to the Order of Customs Service of the Republic of Moldova of July 12, 2012 No. 325

Instruction on request and provision of obligatory information on goods origin

I. General provisions

1. This Instruction on request and provision of obligatory information on goods origin (further - the Instruction) partially adopts Article 5-14 of Regulations of the Commission (EU) No. 2454/93 of the July 2, 1993 determining provisions by implementation of Regulations of Council (EU) No. 2913/92 of October 12, 1992 of the regulation of the procedure of request and provision of obligatory information on goods origin establishing the Customs code of Community published in the Official magazine EC, series L No. 253 of October 11, 1993 for the purpose of.

2. In this Instruction on request and provision of obligatory information on goods origin the following concepts mean:

a) obligatory information on goods origin (further - OIP) - the information on goods origin issued by Customs Service, which is obligatory for customs (customs posts) when conditions of this Instruction are satisfied;

b) the applicant - any person who is in writing addressing for provision of obligatory information on goods origin and having the reasonable reasons for this purpose;

c) the owner - person on whose name obligatory information on goods origin is issued.

II. Procedure of request and provision of obligatory information on goods origin

3. Applications for provision of obligatory information on goods origin are issued in writing according to sample from appendix No. 1 to this Instruction and go to the address of Customs Service.

4. The statement for provision of OIP shall belong to one type of goods and to one set of the circumstances concerning goods origin and to contain the following data:

a) name/name, residence/address and contact phone / fax of the owner;

b) the name/name, the residence/address and contact phone / fax of the applicant if he is not owner;

c) the legislation (The Customs code No. 1149-XIV of July 20, 2000, the Law on customs tariff No. 1380-XIII of November 20, 1997, the Order of the Government No. 1599 of December 13, 2002 about rules of goods origin, international agreements which party is the Republic of Moldova);

d) the detailed description of goods and their classification according to the Nomenclature of goods;

e) the structure of goods and methods of research used for its determination and EXW price according to Incoterms delivery condition if it is necessary;

f) the conditions allowing to determine origin; the used materials and their origin; tariff classification; the cost and the description of circumstances - the rule of change of tariff line item, value added, the description of the processing taking place or conversions or any specific rule within which these conditions are satisfied; in particular it is necessary to specify the applied rule of origin and origin which is requested for these goods;

g) samples, photos, plans, catalogs, acts of preliminary inspection of production process or any other available documents on structure of goods and on the used materials which can be useful to process description of production or processing/conversion of materials;

h) consent to provide transfer of any enclosed document into state language at the request of Customs Service;

i) transfer of data which should be considered confidential;

j) information that earlier the application was submitted to Customs Service or the provisional tariff solution about classification of goods or OIP concerning the materials or goods identical or homogeneous described in Item d) and f) was passed if the applicant has such information;

k) consent to registration of provided information in the database of Customs Service and on that the OIP elements, including any photo, the sketch, the booklet, etc., were published on the Internet, except for information which the applicant specified as confidential, to which regulations of the current legislation on information security are applied.

5. In case of need of provision of additional documents the Customs Service till 30 calendar days requests them in writing from the applicant.

6. Obligatory information on goods origin is issued free of charge and is brought to the attention of the applicant in writing in perhaps shortest possible time.

7. Obligatory information on goods origin is drawn up in 2 copies according to appendix No. 2 to this Instruction. The first copy is issued to the applicant, the second copy on which reverse side the applicant undersigned for receipt of the first copy remains in Customs Service.

8. The data containing both in the statement for provision of OIP, and in the issued OIP are registered in the centralized database of Customs Service.

9. Data from OIP, including any photos, sketches, booklets, etc., can be published by means of the Internet, except for the confidential information containing in columns 2 and 6 OIP.

III. The additional provisions applied to obligatory information on goods origin

10. In case on one goods there is several OIP, Customs Service for the purpose of ensuring uniform application of rules of goods origin, in time no more than 90 calendar days from the date of detection of this fact takes measures for cancellation/withdrawal of OIP issued later in chronological procedure, upholding OIP, earlier in chronological procedure. OIP are considered different in case in which determine different origins for goods, which:

- have identical goods items and which origin was determined based on identical rules;

- were received as a result of application of identical production operations.

11. Presentation of OIP does not exempt from need of provision of the certificate of origin.

12. The Customs Service cancels OIP in the cases listed in Art. 215-2 of the h. (2) Customs code.

13. Obligatory information on goods origin becomes invalid:

a) from the date of entry into force of this agreement or the normative / legal act (provision) according to Art. 215-2 of h (3) and) and b) The customs code;

b) from the date of, the day of registration of a statement following later according to Art. 215-2 of h (3) c) the Customs code.

14. In the cases provided in Art. 215-2 of h (3) the Customs code, the Customs Service till 10 calendar days from the date of entry into force of the specified normative/legal or international acts informs the owner on withdrawal of the become invalid OIP.

15. The owner of OIP which became invalid for the reasons provided in Art. 215-2 of h (3) b) or c) the Customs code, has opportunity to use such information within 6 months from the date of publication or the notice. In this case it is necessary that the owner had the signed obligatory agreements of sale and purchase of goods based on OIP before acceptance of this measure. The owner informs Customs Service, submitting the supporting documents necessary for conducting check of observance of the corresponding conditions.

16. In case of theft, loss or destruction of OIP its recovery by issue of the duplicate is possible. In this case the owner submits to Customs Service the written statement, in which are specified number lost (stolen, destroyed), OIP, date of its issue, the name and the short description of goods. The Customs Service issues the duplicate in 30-day time. The duplicate is identical to the original and contains the entry "DUPLICAT" in the column "Mentiuni" of the OIP form. Effective period of the duplicate matches with the effective period specified in the original.

17. In case of detection by the owner or Customs Service of mechanical or grammatical mistakes modification of OIP is allowed.

18. The decision of Customs Service on cancellation or withdrawal of OIP cannot serve as obstacle for request of new OIP according to this Instruction.

Appendices 1-2

to the Instruction on request and provision of obligatory information on goods origin

See appendices 1-2 (7Kb In original language)

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