Customs transit (code 80): what conditions, obligations and documents are required when goods pass through Uzbekistan?
Transit cargo passes without duties and taxes, but in return the carrier answers for the seal, the time limit and the route. Articles 116–120, 218–225 and 257¹ of the Customs Code in 8 points and one trip example.
In transit the cargo does not stay in Uzbekistan, it only passes through its territory. That is why no duties or taxes are charged, but the state asks for a guarantee that the cargo will not "disappear" on the way. The main weight of this guarantee is on the carrier. In the declaration the procedure is marked with code 80 (Instruction on the Procedure for Completing the CCD, Annex 3).
Key points
- There are two kinds of transit (Article 116). The first: goods brought in from abroad are carried under customs control between the customs authorities of departure and destination (the route may also pass through the territory of a foreign state). The second: Uzbek goods pass through the territory of a foreign state between two Uzbek customs authorities at the customs border. In both cases customs duties and taxes are not paid and economic policy measures are not applied. The authority in the zone where the carriage starts is called the authority of departure, and the one in the zone where it ends is the authority of destination.
- Conditions (Article 117). The transit of the goods through Uzbekistan must not be prohibited by law and international treaties; if transit is allowed only with a permit, that permit must be present; the carriage must comply with the requirements of Chapter 31 of the Code; the customs authority must have been notified. The list of goods carried subject to security for customs payments is set separately in legislation, and legislation may also set additional requirements and conditions for certain types of goods.
- Documents (Articles 118, 220 and 257¹). The declarant submits a transit declaration and the accompanying documents for the goods. The transit declaration is submitted electronically; customs checks that the cargo has reached its destination precisely through this declaration. If there are permits, customs checks them independently in its own information system.
- Responsible person: the carrier (Articles 28 and 218). The carrier answers for compliance with the requirements of the transit procedure. In road transport, goods under customs control and goods not under control may not be loaded into one vehicle.
- What the carrier must do on the way (Article 219). Keep the goods, seals and stamps intact; not allow cargo operations without customs permission; place the goods carried in the customs control zone; keep the vehicle in proper technical condition and ensure it meets the equipment requirements of Article 227; deliver the goods unchanged and without using them for other purposes. If the goods are lost or handed to someone else without customs consent, the carrier pays the customs payments.
- Operations allowed on the way (Article 119). Under the control of the intermediate customs authority: reloading cargo from the arriving vehicle into the departing one; unloading goods at a temporary storage place when the vehicle breaks down. Such placement must not exceed the maximum duration of the temporary storage procedure. In case of an accident or force majeure the carrier immediately informs the nearest customs authority and takes the cargo there or to a place indicated by customs; customs does not reimburse the cost of these measures (Article 224).
- Time limit (Articles 120 and 218). Under both articles the specific time limit is set by the authority of departure: it takes into account the usual carriage time, the type of transport, the route and the application of the carrier or declarant (Article 120 also adds the driver's work and rest regime). The Code gives the upper limit in two places, shown in the table below.
- Completion (Article 120). The procedure ends when foreign goods are taken out of the customs territory or when Uzbek goods are brought back into the customs territory. The final operations are carried out by the authority of destination; the authorised person must present the goods and documents to it within the set time limit.
Time limits: Articles 120 and 218
| Article | Limit on what | Air transport | Other transport |
|---|---|---|---|
| Article 120 (Chapter 18, transit procedure) | Maximum duration of the customs transit procedure, from the day of notification | 3 calendar days | Land and water transport: 15 calendar days per 1 000 km |
| Article 218 (Chapter 31, carriage under control) | Maximum time limit for delivery to the authority of destination | 3 calendar days | Road and water transport: 10 calendar days; rail transport: 30 calendar days per 2 000 km |
Under Article 117 transit carriage must comply with the requirements of Chapter 31, so both articles apply to transit cargo. The Code does not say separately how they relate to each other; in practice the decisive figure for the carrier is the time limit written by the authority of departure. The time limit can also be extended: for this the authorised person or the carrier submits a reasoned request to the intermediate customs authority. If the set time limit is breached, the customs authority at the point of delivery collects from the carrier a fee in the amount set by the Cabinet of Ministers (Article 218).
Example
"Karvon Yo'l Logistik" LLC (Uzbekistan) carries a foreign customer's cargo by road from a post on the southern border to a post on the northern border. The route is about 900 km long (all data hypothetical).
| Day | Event | Article of the Code |
|---|---|---|
| Day 1 | The transit declaration was submitted electronically, the vehicle was sealed; the authority of departure set the delivery time limit at 4 days | 118, 120, 218, 221, 257¹ |
| Day 2 | The vehicle broke down on the way: the driver informed the nearest customs authority, the cargo was unloaded at a temporary storage place under the control of the intermediate authority | 119, 224 |
| Day 3 | A second vehicle arrived, the cargo was reloaded under the control of the intermediate authority; now the carrier that accepted the cargo answers for the requirements of the chapter | 119, 225 |
| Day 4 | The cargo and documents were delivered to the northern post, the integrity of the seal was checked, the cargo left the territory: the procedure ended | 120, 221 |
Calculation: the 4 days set are below both limits. The limit for road transport in Article 218 is 10 calendar days, and the limit in Article 120 is 15 calendar days per 1 000 km, while the route is 900 km. So the carrier must follow not the upper limit in the Code but precisely the 4 days written by the authority of departure. When the risk of delay arose because of the repair, the driver could have asked the intermediate customs authority for a reasoned extension of the time limit. Had the cargo arrived on day 5 without an extension, the time limit would have been considered breached, and the question of the fee under Article 218 would have arisen.
In the carrier's accounts this trip is an ordinary transport service: when the settlement document is issued to the customer, Dt 4010 – Ct 9030 (NAS No. 21, paragraph 383, line 1). The transit cargo itself does not go onto the carrier's balance sheet, because it belongs to the customer.
Test yourself
5 questions on this topic: pick an option or reveal the answer.
A road carrier that is a legal entity of Uzbekistan carried exported goods outside Uzbekistan. Under Article 263, Part One, item 4 of the Tax Code, on what condition does the zero VAT rate apply to this service?
Qarshi Quruq Meva LLC sold export goods through an intermediary (authorized representative) under an intermediary agreement. Under Article 261 of the Tax Code, what does the principal submit, in addition to the usual documents, to confirm the export for applying the zero VAT rate?
Under the Customs Code, who is responsible for compliance with the requirements and conditions of the customs transit customs regime?
Ipak Yo'li Savdo LLC bought goods worth 10 000 US dollars from abroad. An advance of 4 000 dollars was paid in advance (the Central Bank rate on that day was a notional 12 000 soums), and on the day the goods were recognized the rate was a notional 12 500 soums. Excluding customs payments and transport costs, what is the cost of the goods in soums?
A company owes a foreign supplier 5 000 US dollars (the rate on the day the goods were received was a notional 12 600 soums). At month-end the rate was a notional 12 700 soums, and the debt has not yet been paid. Under NAS No. 22, what is done at month-end?
Answered: 0 / 50 of 5 correct
All tests →See also
Sources
- Customs Code of the Republic of Uzbekistan (approved by Law No. ZRU-400 of 20 January 2016), Article 116 · definition of the customs transit procedure; customs authorities of departure and of destination
- Customs Code of the Republic of Uzbekistan (approved by Law No. ZRU-400 of 20 January 2016), Articles 117 and 118 · conditions for placement under the procedure; transit declaration and accompanying documents, the customs authority checks permits in its information system
- Customs Code of the Republic of Uzbekistan (approved by Law No. ZRU-400 of 20 January 2016), Articles 119 and 120 · cargo operations under the control of the intermediate customs authority; carrier's actions in case of an accident; completion of the procedure; maximum duration of the procedure from the day of notification (by air 3 calendar days; by land and water 15 calendar days per 1 000 km)
- Customs Code of the Republic of Uzbekistan (approved by Law No. ZRU-400 of 20 January 2016), Article 28 · carrier's responsibility for compliance with the requirements of the customs transit procedure
- Customs Code of the Republic of Uzbekistan (approved by Law No. ZRU-400 of 20 January 2016), Articles 218, 219, 220, 221, 224 and 225 · carriage under customs control (Chapter 31): carrier's responsibility; maximum time limit for delivery to the customs authority of destination (air transport 3 calendar days, road and water transport 10 calendar days, rail transport 30 calendar days per 2 000 km); extension of the time limit by the intermediate authority; fee when the time limit is breached; ban on loading controlled and uncontrolled goods in one road vehicle; carrier's obligations; transit declaration as a control document; seals and stamps; accident costs are not reimbursed; the responsible carrier after reloading
- Customs Code of the Republic of Uzbekistan (approved by Law No. ZRU-400 of 20 January 2016), Article 257¹ · definition of the transit declaration; it is submitted to the customs authority electronically
- Instruction on the Procedure for Completing the Cargo Customs Declaration (registered by the Ministry of Justice under No. 2773), Annex 3 "Classifier of Customs Procedures" · Customs transit code: 80
- NAS No. 21 "Chart of Accounts for Accounting of Business Entities and Instructions for Its Application", paragraph 383 (line 1) · settlement document to the buyer for services rendered: Dt 4010 – Ct 9030
- Example, company name, distance and dates · compiled by the author, hypothetical