Customs clearance and restrictions on import and export of goods

1 Custom Clearance is the act of passing goods through customs so that they can
enter or leave the country. Import and export of goods into and outside a country should
undergo a customs clearance process. The importer and exporter of the goods should
submit valid documents to clear this process. Also, Custom Clearance Agent helps You to
go through the process without any obstacles.

Who are customs clearance agent?

The customs broker is the person who implementing the indirect customs
representation with regard to arrival at, departure from the customs territory or transit
across this territory of goods and means of transport. The customs broker fulfills all
obligations of the person independently conveying the goods across the customs territory
and takes responsibility as him when implementing the customs control and
clearance.Relations between the customs broker and the represented person shall
begoverned on a contractual basis.

According to the World Customs Organization (WCO), an authorized economic

operator (AEO) is. a party involved in the international movement of goods in whatever
function that has been approved by or on behalf of a national Customs administration as
complying with WCO or equivalent supply chain security standards.

Some of the documents involved in customs clearance are :

1. Exports Documentation: Purchase order from Buyer, Sales Invoice, Packing List,
Shipping bill, Bill of Lading or air way bill, Certificate of Origin and any other specific
documentation as specified by the buyer, or as required by financial institutions or as per
importing country regulations.
2. Imports Documentation: Purchase Order from Buyer, Sales Invoice of supplier, Bill
of Entry, Bill of Lading or Air way bill, Packing List, Certificate of Origin, and any other
specific documentation required by the buyer, or financial institution or the importing
country regulation.

Customs clearance work involves preparation and submission of documentations

required to facilitate export or imports into the country, representing client during customs
examination, assessment, payment of duty and taking delivery of cargo from customs after
clearance along with documents.
 According national legislations Customs clearance means actions on placing of
goods and means of transport under the relevant customs procedure and completion of that
customs procedure in accordance with the requirements of Customs Code of AR.
What are the customs prosedures?
Customs procedure means any of the special customs procedures of export, re-
export, temporary export, release for free circulation, re-import, under which goods
and means of transport that are under the customs control can be placed pursuant to
provisions of Customs Code.
Peculiarities of implementation of customs clearance shall be differentiated
according to:
-category of goods conveyed across the customs border;
-type of transport used for conveyance across the customs border;
- persons conveying goods.
Customs clearance shall be applied samely regardless of country of origin, shipment
and destination of goods.
Start and conclusion of customs clearance
Customs clearance of goods and means of transport begins at the moment of
presentation by the declarant to the customs authorities required for the customs
clearance of declaration or the relevant documents with regard to certain goods and
means of transport, or in cases prescribed by Customs Code, oral application indicating
the intend to implement customs clearance.
The customs clearance shall be concluded after implementation of customs
operations required for placing of goods under the relevant customs procedure as
well as payment of customs payments prescribed by Customs Code.
Use and disposal of goods and means of transport in respect of which
customs clearance is not finished shall not be permitted except cases prescribed by
this Customs Code and other legislative acts in the field of customs matters.
Place and time of implementation of customs clearance
Customs clearance shall be implemented in established places for it, in zone
of function of the customs authority in the location place of sender or receiver of
goods or their structural divisions.
With permission of the customs authority the clearance may be implemented in
other places and out of working hours of the customs authority.
The relevant executive authority may impose customs clearance of certain
categories of goods and means of transport on the certain customs authorities.
The relevant executive authority may impose customs clearance of certain
categories of goods and means of transport on the certain customs authorities. (
Specialized general customs and customs departments-General Customs Department on
Air Transport, General Customs Department for Excise Goods, General Customs
Department for Energy Resources and Maritime Transport)
For the purposes of increasing efficiency and transparency of customs clearance the
e-governance system (electronic queuing system) shall be applied to define consistency of
admission of applicants.
Language on which the customs clearance shall be implemented
The customs clearance shall be implemented in the official language of the Republic of
Azerbaijan.
For the purposes of customs clearance the customs authorities may take
probes and samples and conduct their customs expertize.
 Customs examination shall be carried out on the basis of the document
(sending) of the customs authorities on the shipment of the goods for examination or
the request of the persons.
Customs examination is carried out within 20 (twenty) working days.
Privileged and simplified order of customs clearance
The customs clearance of goods and means of transport required in case of natural
disasters and other emergency situations as well as live animals, perishable goods,
radioactive substances, materials for purposes of mass information, goods send to the
address of legislative, executive and judicial authorities of the Republic of Azerbaijan and
other similar goods shall be implemented in privileged and simplified order.
Subsistence items, goods and means of transport sent for providing assistance to
the population affected in zones of natural disaster, as well as equipment, special transport
means, spare parts, personal belongings and other goods intended for the personal staff of
the relevant authorities involved in mitigation of consequences of the natural disaster shall
be considered assistance supplies.
Customs clearance of assistance supplies shall be implemented with application of
simplified declaration prescribed by Customs Code.
Implementation of import-export operations by all residents and non-residents in the
Republic of Azerbaijan is regulated by the The Customs Code, Law of the Republic of
Azerbaijan "On Customs Tariffs", other regulatory legal acts adopted in accordance with
them, as well as the Rules for regulating import-export operations in the Republic of
Azerbaijan.

2 Export of production, processing, processed goods in the Republic of

Azerbaijan

- Persons can export production, processing and export of processed goods in the Republic
of Azerbaijan freely, except for the cases stipulated by the Customs Code and these
Regulations. The exported goods must be declared to the customs authorities
Imported goods must be declared to the customs authorities.
Export-Import Operations Under the Order of the Cabinet of Ministers
• Weapons and military equipment, spare parts for their production
• Gunpowder, explosives, explosives and pyrotechnics
• Nuclear materials, technologies, equipment and installations, special non-nuclear
materials, radioactive radiation sources, including radioactive waste
• Drugs and psychotropic substances, as well as chemical poisonings, restricted
circulation in the territory of the Republic of Azerbaijan
• Different types of scientific and technical information and technology, materials and
equipment used to create weapons and military equipment
• Blood, blood components and preparations
• Export of crude diamonds
Export of such goods by credit, consignment, and also within the border trade is
not allowed.
List of specific goods (services and intellectual property) which Export and
import were carried out with the conclusions of the relevant government agencies
• Wild animals, wild plants and animal bones found in excavations
 The Ministry of Environment and Natural Resources

• Raw materials for production of drugs from wild animals and wild plants; snakes,
snakes and scorpions - Ministry of Ecology and Natural Resources, Ministry of
Health

• Information on thermal energy and mineral raw materials located in the onshore and
offshore economic zones in the Republic of Azerbaijan-Ministry of Ecology and
Natural Resources of the Republic of Azerbaijan
• Artworks, collectibles and antiques, Hs code- 9701 – 9706-Ministry of Culture and
Tourism of the Republic of Azerbaijan
Importation
• Chemicals used for plant protection-Food Safety Agency of the Republic of
Azerbaijan

• Medicines, biological preparations and veterinary supplies used in veterinary

service - Food Safety Agency of the Republic of Azerbaijan

Consignment of goods (works, services) by legal entities and individuals is carried

out with the declaration in the customs authorities. Consignment export transactions
provide payment to the exporter within a specified period of time in exchange for the
exported goods (works, services) in accordance with the agreement with foreign parties.

Legal entities and individuals must secure the transfer of funds through
consignment to the accounts in an authorized bank of the Republic of Azerbaijan within
180 (one hundred and eighty) days from the date of their declaration.

Transfer and delivery of funds received in exchange for exported goods (works,
services) to the Republic of Azerbaijan, respectively, is controlled by the Chamber of
Financial Control of the Republic of Azerbaijan and the State Customs Committee. To this
end, the State Customs Committee of the Republic of Azerbaijan ensures that all exporters
submit relevant information on exported goods to the Chamber, including customs
declarations and export contracts.

Restriction and bans

Import into the customs territory and export from the customs territory of
the following goods shall be banned
• Counterfeit paper and metallic money;
• Narcotic drugs, psychotropic substances and their precursors, import
and export of which is banned into and from the customs territory by
legislation.
• pornographic materials and articles;
• goods, import or export of which are banned into and from the customs
territory by the relevant executive body.
In case of import or export of banned goods if confiscation of these goods is
excepted by the law they are subject to immediate export outside the customs territory or
return to the customs territory. Export or return to the customs area is implemented by the
person, moving goods across the customs border on his own expense.
 In case of impossibility immediately to export goods from the customs territory or
to return them to the customs territory they are transferred for temporary storage to the
customs authorities. Storage deadline for these goods is 3(three) days.
In accordance with the Civil Code of the Republic of Azerbaijan, the list of items
that may belong to certain participants of the civil turnover and which are allowed to be in
circulation (restricted for civil circulation) shall be established as follows:
1. Equipment for the production of military weapons and ammunition. .(
Ministry of Defense Industry of the Republic of Azerbaijan)
2. Equipment for production of military combat equipment. ( Ministry of
Defense Industry of the Republic of Azerbaijan)
3. Service and civilian weapons. (Ministry of Internal Affairs of the Republic of
Azerbaijan)
4. Satellite communication facilities, special confidential communication
facilities and passwords, equipment for the production of these devices and
passwords. ( Ministry of Transport, Communications and High Technologies of the
Republic of Azerbaijan)
5. Extraction of precious stones, extraction and processing of gold and other
precious metals, oil, oil products and natural gas, waste oil and oil products. Ministry
of Energy of the Republic of Azerbaijan
6. Ionizing sources, including radioactive substances, equipment for the
production of such sources and substances, radiation apparatus, except for household
and medical devices. Ministry of Emergency Situations of the Republic of Azerbaijan
7. Equipment for printing securities and equipment for the production of such
equipment. State Security Service of the Republic of Azerbaijan
8. Narcotic drugs, psychotropic substances restricted in the territory of the
Republic of Azerbaijan by the law, psychotropic substances controlled by the
circulation in the territory of the Republic of Azerbaijan, equipment used in
production and control of drug trafficking and psychotropic substances. Ministry of
Internal Affairs of the Republic of Azerbaijan)
9. Explosives devices, flammable substances and pyrotechnic products.
Ministry of Emergency Situations of the Republic of Azerbaijan
10. Ozone-depleting substances and products containing such substances.
Ministry of Ecology and Natural Resources of the Republic of Azerbaijan
11. Substance or toxic substances which do not belong to narcotic drugs and
psychotropic substances, and equipment for their preparation or processing. Ministry
of Internal Affairs of the Republic of Azerbaijan)
12. Technical means for obtaining confidential information. State Security
Service of the Republic of Azerbaijan
13. Broadband radio receivers for radio surveillance and radio monitoring. (
Ministry of Transport, Communications and High Technologies of the Republic of
Azerbaijan)
14. Radio transmitters whose excessive power is determined by the relevant
executive authority. ( Ministry of Transport, Communications and High Technologies of
the Republic of Azerbaijan)
16. Genetically modified plants for scientific research, experimentation and
emonstration purposes, as well as agricultural plant materials created using modern
biotechnology and genetic engineering techniques.
 17. Food products produced using genetic material of genetically modified
plants intended for scientific research, experimentation and exhibitions. Ministry of
Health of the Republic of Azerbaijan
18. Unmanned aerial vehicles. ( Ministry of Transport, Communications and High
Technologies of the Republic of Azerbaijan)
19. Thoracic eyelid. Ministry of Health of the Republic of Azerbaijan

3 In accordance with the Civil Code of the Republic of Azerbaijan, the list of
items not allowed in civil turnover (excluded from civil turnover) shall be defined as
follows:

1. Military military equipment.

2. Weapons and ammunition prohibited by law.

3. Communication Networks of State Authorities for communication, defense, security and

protection needs.

4. Special equipment and regulations for the production and operation of personnel of
defense, state security, foreign intelligence, military intelligence, military intelligence,
special state security services.

5. Military mobilization property.

6. Objects included in the State List of National Cultural Property of the Republic of
Azerbaijan

7. Standards of state quantitative units.

8. Secrets of the state, profession, service, banking, investigation and court, personal and
family life documents.

9. Gold reserves and badges of the Republic of Azerbaijan

10. Equipment for issuing money and postage stamps.

11. Narcotic drugs, psychotropic substances prohibited by the law in the territory of the
Republic of Azerbaijan

12. Human body and (or) tissues (excluding the cornea).

13. Drugs prohibited by the application in the prescribed manner.

14. Official documents, identity documents, state awards of the Republic of Azerbaijan.

15. Documents of the State Archive Fund.

16. Devices or computer programs whose primary purpose is to develop or adapt

cybercrime.
17. Genetically modified plants not designed for scientific research, experimentation and
exhibitions, as well as agricultural plant materials created using modern biotechnological
and genetic engineering techniques.

18. Food products produced using genetic material of genetically modified plants, not
intended for scientific research, experimentation or exhibitions.

19. Fittings with hooks less than 120 mm, made of synthetic single threads with a diameter
less than 0.5 mm.

20. Fishery devices consisting of an electrical signal generator and a battery (battery) used
to trap fish and other aquatic bioresources by electric current.

Goods and items prohibited for sending to international post in the Republic of
Azerbaijan:

1. equipment for issuing money and postage stamp

2. human organs and (or) tissues
3. live animals;
4. accelerating substances;
5. toxic and toxicological substances;
6. biological and infectious substances;
7. mercury, chemical reagents and acids;
8. materials that degrade the honor and dignity of a person and offend national or
religious feelings;
9. perishable food products;
10. items which may cause damage for postal workers, or contamination of other postal
items and postal equipment for their features or packaging;
11. coins, notes and travelers' checks.

Goods and goods prohibited for shipping in international mail from the Republic of
Azerbaijan.

1.
equipment for issuing money and postage stamps;
2.
human organs and (or) tissues;
3.
live animals;
4accelerating substances;
5toxic and toxicological substances;
6biological and infectious substances;
7mercury, chemical reagents and acids;
8materials that discredit a person's honor and dignity, and insult national and
religious feelings;
9 perishable food products;
10. items which may cause damage for postal workers, or contamination of other postal
items and postal equipment for their features or packaging
11. coins, notes and travelers' checks
12. goods and merchandise prohibited from importing the country of destination;
13. Originals of documents with emblem of State;
14. standards of state quantitative units;
15. Documents of the State Archive Fund.

4 Declare of Goods

A Customs declaration is a form that lists the details of goods that are being imported
or exported when a citizen or visitor enters a customs territory (country's borders). The
declaration form helps the customs to control the goods that entered the country, which can
affect the country's economy, security or environment. A levy duty may be applied on basis
of declaration.
Who should lodge a customs declaration?
In general it is the owner of the goods or a person acting on his behalf (a
representative). The person having control over the goods may also perform it. These
persons may be individuals or companies, as well as in certain cases associations of
persons.
Customs declarations prior to importing or exporting must also be filed, for security
purposes.
To secure the international supply chain, concerned operators must file pre-arrival/pre-
departure declarations. The Customs Administration carries out a computerized risk
analysis based on the data thus received. Goods deemed at risk are subject to customs
control for safety and security purposes upon their arrival or prior to their departure.
Information on goods and means of transport crossing the customs border of the
Republic of Azerbaijan placed under customs control should be declared to the customs
authority in oral, paper or electronic form.
The customs declaration must contain all the information required for the application of
the declared customs procedure.
To place goods under the declared customs procedure, the following documents must be
submitted to the customs authority:
• a foreign trade agreement or a document confirming the right of ownership, use and
(or) disposal of a person's goods, or any other document;
• transport documents, depending on the type of transport when transporting goods
and vehicles.
• a document confirming the issuance of appropriate authorization from the person in
the event of customs representation directly or indirectly
• if the customs debt is not paid before approval of the customs declaration or
concurrently with the approval of the customs declaration document confirming
security of customs debt
• document confirming the declared customs value of imported goods;
• license for import, transit and export of plant protection products and agrochemicals
or precursors certificate of conformity when goods subject to mandatory
certification in the customs territory are imported into the customs territory;
• veterinary certificate issued by the exporting country
 • in case of import of food products into the customs territory, certificate of food
safety
• When importing plants and plant products into the customs territory, a phytosanitary
certificate issued by the exporting country in accordance with the principle of
equivalence established by international treaties to which the Republic of
Azerbaijan is a party;
• quality certificate when food products are exported to EU countries
• Order of the Cabinet of Ministers of the Republic of Azerbaijan when goods are
imported into the customs territory or exported from the customs territory specified
in Annexes 1 and 2 to “Rules of regulating import-export operations in the Republic
of Azerbaijan” approved by Decree # 609 of the President of the Republic of
Azerbaijan dated June 24, 1997 or opinions of the relevant state authorities;
• in case of goods crossing the customs border, restricted by the decisions of the
Cabinet, appropriate authorization documents;
• special permit for export, import, re-export, re-import and transit of goods subject
to export control
• certificate confirming the country of origin
To use the simplified procedure for declaring goods across the customs border by
natural persons, two border systems - Green Channel and Red Channel - are used at the
customs border checkpoints.
The Green Channel release system is intended for the oral presentation of goods by
individuals, except for goods carried in unaccompanied luggage and mailed.
Passage of an individual's goods across the customs border with the use of the "Green
Channel" system is regarded as the absence of the goods to be stated in his hand luggage
and accompanying luggage and the oral presentation of these goods to the customs
authorities.
The customs declaration of goods imported into the customs territory must be submitted
to the customs authority at the place of importation of these goods, and in case of special
customs procedure of internal transit not later than 15 (fifteen) days from the date of
submission of the customs authority to the destination.
If the time limit is not sufficient for collecting relevant documents and information by
the declarant, the customs authority shall extend that period based on his reasoned request.
Extension of the period for submitting the customs declaration is allowed within the period
of temporary storage of goods under the special customs procedure.
If the last day of submission of the customs declaration coincides with a non-
working day, the next working day shall be considered the expiry date.
The customs declaration for goods transported from the customs territory must be
issued when the goods are exported from the customs territory.
Except for cases where goods are transported from the customs border by natural
persons not intended for commercial purposes, the customs authorities shall be issued a
short import declaration before the goods are imported into the customs territory. Failure
to submit a short import declaration will result in administrative liability of the declarant,
but shall not impede customs clearance and release of goods.
The customs declaration submitted shall not be subject to amendment or withdrawal
in the following cases:
• after informing the declarant of their intention to inspect the goods;
• after detection by the customs authorities of incorrect information in the customs
declaration;
 • after the release of goods by the customs authorities, except as provided in
paragraph 14.3 of these Rules.
14.3. Adjustment or withdrawal of the customs declaration shall be allowed after the
release of goods by the customs authorities in the following cases:
• 14.3.1. in case of using the goods for a different purpose with the provision of
privileges on customs payments;
• 14.3.2. if they do not leave the customs control zone, despite the release of goods.
Amendments to the customs declaration may not extend or limit its scope.
Customs authorities cancels an approved customs declaration on the basis of the
declarant's request:
• when goods are to be placed under another customs procedure immediately;
• in case of impossibility of placing goods under the declared customs procedure in
connection with force majeure circumstances.
When the customs authorities inform the declarant of their intention to inspect the
goods, the request for annulment of the customs declaration shall be considered only after
the relevant inspection.
The customs declaration shall be canceled after the release of goods in the following
cases:
• 1. customs audit reveals incorrect information provided by customs declaration after
release of goods and means of transport by customs authorities, including
conditional release;
• 2. customs audit reveals that the person does not comply with the restrictions,
requirements and conditions on the goods and means of transport.
Cancellation of the customs declaration does not exclude the application of
measures to bring the declarant to administrative or criminal liability as provided for
by law.
Who can be a declarant?
Declarant shall be the person who is the owner of goods and means of transport
conveyed across the customs border, or the customs broker on the basis of agreement
concluded with him.
Customs declaration on goods, imported into the customs territory shall be
submitted no later than 15 days of the day of declaring the goods to the customs authorities
in place of their arrival to the customs territory, and in the course of special customs
procedure of internal customs transit from the day of presentation to the customs authority
of designation.
Extension of period of submission of customs declaration shall be allowed within
special customs procedure of temporary storage of goods.
For the purposes of advancing of the customs clearance the relevant executive
authority may establish simplified order of declaring goods and means of transport.
Simplified declarations shall be submitted to the customs authority in the following
cases:
• placing of goods under the relevant customs procedure by authorized economic
operators;
• customs clearance of assistance supply prescribed in article 112.1 of Customs
Code;
• conveyance by the natural persons across the customs border of goods not intended
for manufacturing or commercial purposes but subject to declaring in written form