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The Amendments To The Customs Law

Original Language Title: Grozījumi Muitas likumā

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The Saeima has adopted and the President promulgated the following laws: amended Customs Act Customs Act in (the Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1997, no. 15; 1998, 12, 23 no; 1999, no. 19; 2001, no. 10) follows: 1. Replace the words "throughout the Act health bearing" (fold) with the words "food and veterinary service" (fold).
2. in article 1: turn off the eleventh paragraph, the words "the cabinet order provided";
to make the twenty-sixth part as follows: "(26) free zone or free warehouse, the territory of the Republic of Latvia, the Republic of Latvia or enclosed space in which the foreign goods are placed where they are not subject to customs procedures relating to customs duty and the application of commercial policy measures will be treated as outside the customs territory of the Republic of Latvia of Latvian goods, but the goods qualify for the fact that they apply to the exportation of goods related activities."
3. Make the following wording of article 13.1: "13.1 article. Opinion on the origin of the goods or the goods conform to the Latvian Code of the combined nomenclature (1) on the basis of a written application of the person, the State revenue service's main customs administration or State Revenue Service authorised by the Customs authorities of the cabinet order in writing opinion about the origin of the goods or the goods conform to the Latvian Code of the combined nomenclature.
(2) the State revenue service's main customs administration or State Revenue Service authorised by the Customs authorities provided its opinion on the origin of the goods or the goods conform to the Latvian Code of the combined nomenclature shall only be used for the determination of origin of the goods or the goods in accordance with the combined nomenclature. The Customs authorities the findings used only for goods that customs clearance is completed.
(3) a Person issued an opinion about the origin of the goods or the goods conform to the Latvian Code of the combined nomenclature, is obliged to prove the conformity of the goods referred to in the first paragraph of the goods described in the application, if requested by the Customs Office.
(4) opinion on the origin of the goods is valid for three years from the date of issue, but the opinion on the compliance of Latvian goods CN code is valid for a period of six years from the date of issue. The State revenue service's main customs administration or State Revenue Service authorised by the Customs authorities revoke the issued an opinion, if it finds that the applicant has provided inaccurate or incomplete information. The cancellation of the opinion in writing and, in the opinion of the Customs authorities to the requestor.
(5) the State revenue service's main customs administration or State Revenue Service authorised by the Customs authorities issued an opinion when the force loses or is amended by legislation, on the basis of which it was issued, as well as if the reference to the issuing of opinions. On the invalidity of the opinion, that indicates in writing to the Customs authorities and, in the opinion of the applicant.
(6) opinion on the origin of the goods or the goods conform to the Latvian Code of the combined nomenclature is to be used for six months after the receipt of the State revenue service's main customs administration or State Revenue Service authorised by the Customs authorities a written notice concerning the invalidation of the opinion if a person issued an opinion, has concluded a contract for the purchase of goods on the basis of the information provided in the opinion. "
4. Make the article 24 as follows: "article 24. Customs regime (1) for the implementation of Customs Affairs, the following Customs regimes: 1): (a) Customs procedures) release for free circulation, temporary admission) b, c) into a customs warehouse, d) inward processing, e) inward processing under customs control, f) export (export), g) outward processing h) transit;
2) other customs regimes: a) the importation of goods in a free zone or free warehouse, (b) the re-export of the goods), c), (d) the destruction of goods) the abandonment of goods to the State.
(2) the cabinet shall determine the customs treatment order.
(3) the customs treatment must be completed within a time limit which fully supports the implementation of the provisions of this regime. "
5. Turn off the article 31, first paragraph, the word "other".
6. To express the following chapter VII: "Chapter VII. Temporary admission article 35. Procedures (temporary admission) the temporary admission means the customs procedure which permits the use of the goods in the customs territory, completely or partially exempt from customs payments in the order of the Cabinet of Ministers and without application of the commercial policy measures.
 
36. article. Procedures (temporary admission) rules of application (1) temporarily imported goods must be sent back in the same way, except the natural depreciation or loss incurred as a result of transportation or storage.
(2) the cases in which temporary admission may only submit a surety for discharge of the procedure shall be determined by the Cabinet of Ministers.
(3) the procedure may not be applied if there is no identification of the goods as a result of which the customs duties may be changed.
(4) the procedure is concluded with the re-export of the goods.
 
37. article. The deadline for entry of goods for the time period for the entry of goods for a period determined by the Customs authorities, subject to the following purpose and conditions of entry, but this deadline may not exceed two years.
 
38. article. With the goods, if the goods have expired at the time of importation, the Customs authorities after the deadline laid down for the importation of goods, the goods must be sent back or they must apply new customs procedure.
 
39. article. At the time of the destruction of goods imported or loss (1) if the goods imported temporarily is not returned within the time limits under this Act does not preclude liability if the goods have been destroyed or permanently lost emergency or force majeure, performance, natural wear, transport and storage.
(2) goods temporarily imported for destruction or loss of the fact confirms Customs Office. "
7. Make 90 the first paragraph of article 2 of the following paragraph: "2) Latvian goods are applied to handle formalities for the export of the goods."
8. Turn off the fourth part of article 93.
9. Express article 107 the following: ' article 107. Re-exportation of goods, destruction and abandonment of goods to the State (1) the re-export of the goods is the customs regime that allows to be exported from the customs territory of the Republic of Latvia for foreign goods, where necessary, extending to them the statutory formalities for the goods to be exported, including commercial policy measures. On the re-export of the goods shall be notified to the relevant customs authority.
(2) the destruction of goods is the customs regime that allows the destruction of foreign goods under customs control, are not taxed by the customs charges and without being subject to commercial policy measures.
(3) upon surrender of the goods to the State is the customs regime that allows the person to opt out of foreign goods for the good of the country, will be its customs duties and without being subject to commercial policy measures.
(4) if the goods for which the customs procedures, customs warehouse, imports for inward processing, processing under customs control, temporary admission, are intended for re-exportation, on such goods shall submit a customs declaration. In such cases, this law shall apply to article 76. third and fourth subparagraph. "
10. Article 108 of the expression as follows: "article 108. Customs regime: the destruction and abandonment of goods to the State — the application of (1) the destruction of goods should be notified to the relevant customs authority.
(2) the destruction of Goods shall be prohibited where the destruction is associated with additional expenditure from the State budget or being harmed the environment.
(3) any waste or scrap resulting from destruction of goods apply foreign goods down the customs regime. They must be held under the supervision of the Customs authorities for as long as is necessary for the application of the relevant customs.
(4) order the destruction or abandonment of goods to the State, regulated by the Cabinet of Ministers regulations. "
11. Article 114: turn off the second part;
make the third paragraph as follows: "(3) the cabinet shall determine the order in which to customs control measures for the protection of intellectual property, prohibiting embodying infringing and pirated goods in temporary storage, the release for free circulation, export, re-export of (export), under the customs warehousing, inward processing, processing under customs control, temporary importation, goods import duty-free reimportation, the marketing store, into a free zone or free warehouse, outward processing, transit and abandonment to the Exchequer."
to make a fifth by the following:

"(5) Pirate goods within the meaning of this law is working (also design work) or a copy of the design (copy), which is produced and distributed without copyright, related rights, design rights, or patent rights of the holder of the authorisation, and any template or kit made or adapted for the manufacture of pirated products. Regarding the design or designs of pirated goods to be recognized as subject of the infringement, regardless of whether the said work or design has been registered. Design or design rights subject also treated people who passed these rights. "
12. To make the first paragraph of article 132 (4) of the following: "4) authorized consignor or authorised consignee – State revenue service recognized a person's right to simplify the customs formalities for entering or completing the transit procedure the authorization specified premises without presentation of the goods or the relevant documents at the Customs Office."
13. Add to article 133 the first part with a new sentence as follows: "Cabinet of Ministers defines types of goods declaration, the procedures for their implementation, as well as customs declaration — — on the single administrative document form."
14. Express article 134 in the second subparagraph, the first sentence as follows: "the execution of a customs declaration in writing for this purpose in the legislation that official form."
15. off the fourth paragraph of article 147.2.
16. Make 170. article as follows: "article 170. Exchange adjustment "(1) if the customs value of the used prices expressed in foreign currency, the Bank of Latvia is used each month the penultimate Wednesday of the currency rate to the State revenue service recorded and published in the newspaper" journal ".
(2) the exchange rate, which the State revenue service registered for the penultimate Wednesday of the month, is used for all subsequent calendar month, unless it is replaced by the rate determined in accordance with the third paragraph of this article.
(3) the State revenue service recorded every Wednesday of the Bank of Latvia exchange rate. If the current week on Wednesday in the State revenue service, the exchange rate established by 5 percent or more different from the exchange rate that is defined in accordance with the first paragraph of this article, the new exchange rate replaces the old course, and starting to use it to calculate the next Wednesday. Aizstājējkurs is used in an entire month if this course is not replaced, in turn, according to the second sentence of this subparagraph in those conditions. The communication on aizstājējkurs the determination of the State revenue service publishes the newspaper "journal".
(4) The foreign currency exchange rate against the national currencies for which the Bank provides the official exchange rate, the State revenue service pursuant to the provisions of the Cabinet of Ministers.
(5) if the Declaration is submitted for a specific period of time, for example the exchange adjustment exchange rate that is valid on the first day of the period concerned. "
17. the express article 175.3 as follows: "Article 175.3. Other cases where the applicable exemption from customs payments and repayment of customs duties (1) the customs duty shall be repaid or from those released in accidents caused by circumstances that cannot be linked to the fact that the person concerned committed fraud or negligence committed.
(2) the exemption from, or repayment of customs duties shall apply to the first part of this article, in cases where the relevant customs authority filed within 12 months of the date on which the amount of these payments was notified to the debtor. Legislation in the cases provided for in the customs authority is entitled to decide on the extension of this period. "
18. off the third paragraph of article 188, the words in brackets "(where a customs procedure is completed)".
19. Add to article 193 of the second and the third part as follows: "(2) the Minister of finance approves the Latvian annual version of the combined nomenclature.
(3) the State revenue service, the application of the laws and regulations governing the use of the Minister of Finance of Latvia approved the latest version of the combined nomenclature. '
20. Express article 194 of the act as follows: "article 194. Identification of goods by the Customs authorities of the State revenue service order identifies the goods in accordance with the combined nomenclature. '
21. transitional provisions: Express transitional provisions in paragraph 5 by the following: "5. the amended law 1, 7 and 8.1 of section B, chapter V, title and 20, 24, 25, 26, 29 and article 70, VIII, X and in Chapter XVII, 120, 122, 123, 125..., 137, 134. Article 147, 147.3 and article, amended and section H of Chapter XXX, except article 191.1, shall enter into force on 1 July 2002. Article 191.1 (March 29, 2001 the law "amendments to the customs law" versions) shall enter into force on 1 January 2003. ";
transitional provisions be supplemented with 7, 8 and 9 in paragraph by the following: "7. the Cabinet of Ministers regulations for the entry into force of, but not longer than until 1 January 2003, the following is applicable to the Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) the Cabinet of Ministers of 17 December 1997 on rules no 428" calculating the customs value of goods procedures ";
2) Cabinet 31 March 1998 the Regulation No. 114 "arrangements for the feasible under a customs procedure, the customs warehousing import";
3) Cabinet June 30, 1998, rule no. 237 "arrangements for the feasible procedure — inward processing";
4) Cabinet on 14 July 1998 Regulation No. 254 "arrangements for the feasible procedure — inward processing under customs control";
5) Cabinet of Ministers of 28 July 1998, the Regulation No. 272 "rules on customs brokers ';
6) the Cabinet of Ministers of 18 august 1998, the provisions of no. 312 "arrangements for the feasible procedure: outward processing";
7) the Cabinet of Ministers of 21 December 1999, Regulation No 414 of "arrangements for the feasible — export Customs procedures (export)";
8) Cabinet of 21 March 2000, the provisions of no. 112 "arrangements for the feasible procedure — release for free circulation";
9) Cabinet of 10 October 2000, the rules no. 349 "customs procedures-temporary admission-enforcement order";
10) Cabinet of Ministers of 5 March 2002, the Regulation No. 94 "Declaration of goods and simplified customs clearance procedures";
11) Cabinet of Ministers on 24 July 2001, the provisions of no. 325 "procedures to be carried out under customs control arrangements for the protection of intellectual property";
12) Cabinet of Ministers on 19 November 1997, the provisions of chapter 380 "rules on duty-free trade shops".
8. Amendment of article 1 of the customs law, the eleventh part of Chapter VII, article 90, 114 in the third and fifth paragraphs, 133.134.170. Article, and shall enter into force on 1 July 2002.
9. Amendment of article 1 of the customs law of the twenty-sixth part, 13.1, 24, 107, 108 and article 175.3 (which replaced the rule of article 29 March 2001 the law "amendments to the customs law" editorial) shall enter into force on 1 July 2002. "
The Parliament adopted the law of 2 May 2002.
 
State v. President Vaira Vīķe-Freiberga in Riga on 22 May 2002, the Editorial Note: law takes effect with the June 5, 2002.