Order of the Minister for Foreign Trade No 31 / 1954 Coll.

Regulation implementing Customs Act No. 36 / 1953 Coll.

Valid Effective from 01.08.1954
31.
Regulation
Minister for Foreign Trade
of 16 June 1954
implementing Customs Act No. 36 / 1953 Coll.
The Foreign Trade Minister commands in the agreement with the participating members of the Government pursuant to § 12 (2), § 13 (3), § 19 (5), § 20 (2), § 22 (2), § 29 (2), § 38, § 40 (2), § 41 (2) and (3), § 48, 52, 54 and 56 of Customs Act No. 36 / 1953 Coll.:

ČÁST PRVNÍ.

Tasks of customs.
§ 1.
The main task of the customs administration is to check the circulation of goods in contact with foreign countries so as to ensure the protection and promotion of planned foreign trade and foreign interests. In carrying out this task, customs administration shall in particular:
(a) checks that import, export and transit prohibitions and restrictions are maintained;
(b) the measures taken in respect of infringements of the provisions relating to the circulation of goods in contact with a foreign person, in particular prosecuting goods which have escaped customs control;
(c) draw the attention of the competent authorities to defects likely to cause losses in foreign trade and, within the limits of its competence, take measures to eliminate them;
(d) the customs duties shall be levied and collected on the goods imported and exported, the replacement levy on turnover tax on the goods imported and the customs refund;
(e) establish and process the supporting documents for customs statistics;
(f) draws attention to transport and storage defects on import, export and transit of goods.

ČÁST DRUHÁ.

Organisation and scope of customs administration.
§ 2.
Customs authorities.
(1) The competence in customs matters is exercised by the Ministry of Foreign Trade through the Central Customs Administration, which is a specific component of it; its organisation is governed by the Statute of this Ministry.
(2) The central customs authorities shall be directly subordinate to customs with their turnovers and customs patrols; turnovers and customs patrols are the organisational components of customs.
(3) Customs and their turnovers ("customs") are border and inland; the border shall also include those established in foreign national territory under the international agreement. Customs patrols are set up at national borders.
(4) Customs and customs patrols are established, repealed and defined by the Minister for Foreign Trade in agreement with the participating members of the Government; These measures shall be published by the Minister for Foreign Trade in the Official Journal.
§ 3.
Scope of the central customs administration.
The central customs administration shall in particular:
(a) organise and manage customs administration;
(b) exercise the highest supervision in customs;
(c) issue directives and instructions to subordinate authorities;
(d) manage and process the identification of supporting documents for customs statistics;
(e) to give, in accordance with the regulations of the Minister for Foreign Trade, a legally binding interpretation of the customs status of the goods and the amount of the draught;
(f) to decide on appeals until customs decisions;
g) decide as first stool in reserved cases.
§ 4.
The scope of customs and customs patrols.
(1) Customs duties
(a) to carry out immediate customs control over the circulation of goods in contact with a foreign country, in particular to ensure the maintenance of prohibitions and restrictions on imports, exports and transit of goods, as provided for in the rules on foreign trade organisation, foreign exchange, security, health, veterinary and customs legislation;
(b) prosecute and detain goods which have escaped or avoided customs control or which have been handled illegally;
(c) to carry out customs procedures for the import, export and transit of goods and for the transport of goods through foreign national territories, as well as baggage, travel goods and other goods of persons crossing national borders;
(d) identify and notify the competent authorities of defects which could cause losses for foreign trade and take measures to eliminate them within the limits of their scope;
(e) to measure and collect customs duties, replacement levy and customs refund,
(f) to classify goods in accordance with the relevant rules;
(g) to identify and check the supporting documents for customs statistics;
(h) to take decisions in all customs matters where such decisions are not reserved for the central customs administration;
(ch) to check that the circulation of goods in contact with foreign goods does not result in a defect in transport or storage;
(i) carry out the tasks entrusted to them by specific regulations, the Minister for Foreign Trade or the Central Customs Administration.
(2) Customs patrols are responsible for supervising the transfer of goods across national borders and the circulation of goods between borders and border customs. Customs patrols may be entrusted with other tasks.
Synergies of other state bodies.
§ 5.
The State authorities, in particular the competent executive bodies of the national committees, the competent authorities of the Ministry of the Interior, the prosecutors and the courts, shall, within their own jurisdiction, provide effective assistance to the customs authorities in the implementation of the Customs Act and the provisions laid down therein, in particular in the prosecution of goods which have escaped or avoided customs control.
§ 6.
(1) Specific provisions provide for the co-operation of the competent authorities of the Ministry of the Interior in the customs supervision of the carriage of goods across national borders and in the circulation of goods, and their authorisation and obligations.
(2) The competent administrative authorities of the national committees, prosecutors and courts shall ensure that goods seized by them, which have not been declared forfeited or seized in criminal proceedings, are delivered to customs before they are issued to the creditor, where they are subject to customs control or customs procedure.
§ 7.
The uniform, the weapons and the use of weapons.
(1) Specific provisions apply to the duty of customs staff to wear uniform in the course of the service.
(2) The special provisions shall also specify when customs staff are required or entitled to carry a service weapon and when they are entitled to use that weapon.
§ 8.
Customs hours.
(1) Where the customs office is not empowered to determine working time, the customs office shall determine the working time.
(2) Goods carried across national borders shall be supplied to the border customs office, where possible, so that customs procedures are still carried out during working hours. Customs shall discuss baggage, travel supplies and other items of passengers, including their means of transport, unless otherwise specified in the various customs schedules, at any time of the day or night.

ČÁST TŘETÍ.

Customs control and customs procedure.
§ 9.
Initial provision.
(1) Until goods transported from abroad have been released for free circulation in the country, they may be treated only after the customs procedure has been carried out and only with the restrictions imposed on them. This shall apply mutatis mutandis to goods which have been examined for export until such goods have crossed the national border and have been released for free circulation abroad, as well as to goods which are either domestic or transit through foreign territory.
(2) The goods of God according to customs regulations are all objects of substance (e.g. travel goods, money and documents).
(3) The list of prohibitions and restrictions on imports, exports and transit of goods is published by the Minister for Foreign Trade in an agreement with the participating members of the Government on the official list.

DÍL I.

Transport goods across state borders.
§ 10.
Obligation to deliver goods and to attend border customs.
(1) Railway, waterway, road and air transport undertakings and mail, as well as other undertakings and individuals transporting goods from or to abroad, must deliver the goods to the border customs office for customs clearance with specified documents. In the case of air transport: the border customs office of the airport at which the customs office is established (customs airport).
(2) If a customs patrol is established at the border crossing point, he who transports the goods shall be obliged to stop by and submit the documents provided for him.
(3) Passengers crossing borders are also required to appear at the border customs office or at the customs patrol and to undergo customs proceedings.
(4) In the case of foreign transport, the goods must be delivered to the border customs office as soon as they have been transported across the national border, to the foreign border at the shortest possible time or within the time limit specified. Allowances shall be subject to compliance with conditions ensuring the proper conduct of the customs procedure.
§ 11.
Customs routes.
(1) Goods may, in principle, be transported across national borders only through customs routes and at a specified time.
(2) Customs routes are sections of railway, road and water lines leading from borders to border customs, ports in border waters open to public transport and air transport by air between border and customs airport. Customs routes shall be determined by the Minister for Foreign Trade in agreement with the participating members of the Government; the establishment and cancellation of the customs travel is published in an official document.
(3) Transport by customs must be carried out without delay, without changing the load and without turning the customs route. The customs office or the customs office may specify in more detail the obligations of the carrier for the carriage by customs.
(4) Transport of goods outside the customs territory of the Union shall be permitted only with the special authorisation of the customs administration, issued in agreement with the competent authorities of the Ministry of Interior. In individual cases, the customs authority which is the closest to the intended crossing of borders shall grant authorisation; in other cases, the central customs administration shall grant authorisation.
(5) On journeys whose middle line is run by national borders, transport is also permitted on that part of the territory of another country; with regard to customs legislation, it is considered in such cases that the transfer of State borders has not taken place.
(6) Transport between borders and border customs is subject to customs control.
§ 12.
Means of transport.
Only means of transport which do not have hard-to-find spaces may be used to transport goods from and to abroad, so that they can be safely sealed and comply with international conventions. The details and exceptions, as well as in which means of transport may be used to store goods for customs transport, shall be laid down in the relevant customs regulations.

DÍL II.

Customs procedure.

Oddíl první.

General provisions.
§ 13.
Top principles.
(1) The customs procedure shall be carried out by the customs authorities, on application by the customs official in cooperation with him and, in principle, on the basis of an inspection of the goods and documents, in order to determine under which conditions and for whom the customs administration may, in respect of the provisions in force, release the goods into circulation.
(2) In the case of carriage of goods from abroad, the border customs office may refuse to carry out a customs procedure if it is not a reference procedure, the transport or the regular operation of the customs service would be cancelled and another customs office on the way to or near the place of destination.
(3) The Minister for Foreign Trade specifies which types of goods may be discussed for export by border customs with regard to transport and customs controls.
§ 14.
A customs participant.
(1) The customs participant is the person who carries the goods or who holds them with someone else, but the document (paid by the bill of lading, the bill of lading, the stock list and so on.) proves to the customs officer that the goods can be handled to the extent necessary to carry out the customs procedure, in particular that they can be delivered to the customs officer for this procedure and made subject to a customs inspection.
(2) In the case of goods which have been exported for free circulation abroad, the customs participant shall be the one who provides proof of the release for free circulation abroad.
(3) The customs participant shall act alone or through a representative. If there is doubt, the representative shall demonstrate his authority in writing with full authority. The person used by the transport undertaking in the transport of goods to procure the tasks with which the customs procedure is necessarily linked shall be entitled to the customs procedure by the transport undertaking.
§ 15.
Customs.
(1) Customs procedures are normally carried out at the customs site; the customs offices are the rooms and premises designated by the customs administration in agreement with the public transport authorities and undertakings.
(2) Customs procedures shall be carried out outside the customs territory, where the nature of the goods or the nature of the customs procedure so requires, or where this makes it easier to transport or otherwise urgent and does not disturb the regular customs service.
(3) Where a customs party requests the customs procedure to be carried out outside the customs territory, it shall at the same time notify the customs authorities of the approximate quantity of goods and their type by commercial or usual name and shall propose the period during which the customs procedure is to be carried out.
(4) The provisions on references shall apply mutatis mutandis to the treatment of goods brought from customs to the place of destination for the purpose of carrying out the customs procedure.
Application for a customs procedure.
§ 16.
(1) An application for customs procedure shall be lodged either orally or in writing.
(2) The customs party is authorised to check the information required for the application by examining the goods under customs control. A customs party may amend the application for a customs procedure until the examination has been initiated. After that time, pending the examination of the goods, the customs party may amend the application only in respect of the type of procedure.
(3) The application for a customs procedure shall cover the whole consignment and shall contain the following particulars:
(a) the name and registered office of the customs candidate;
(b) the name and registered office of the tenderer;
(c) the name and address of the consignor and the consignee;
(d) the number, type, marks and numbers of packages;
(e) the quantities of goods, in accordance with the criteria laid down by the Customs Tariff and those laid down in the import or export document;
(f) the description of the type and nature of the goods, in accordance with the tariff name; Where several types of goods fall under the description of the customs tariff, the goods must also be indicated by their usual names in the trade,
(g) the price of goods converted into KCs according to the middle course indicated in the course ticket of the Czechoslovak State Bank,
(h) the description of the type and nature of the packaging, by name in the taric tariff, and, if not named therein, by its usual name;
(ch) the country of origin on importation;
(i) the country of destination at export;
(j) the type of customs procedure;
(k) the purpose of the import or export (when considering the circulation);
(l) the time limit for re-exportation after re-importation (in recorded circulation),
(m) the nature of the security for the refund and its amount (in circulation, in the reference procedure, in the storage procedure),
(n) time limit for delivery of goods (in the reference procedure),
(o) the customs officer to whom the goods are to be supplied (in the reference procedure),
(p) the justification for the requested customs exemption;
(r) a list of the accompanying documents.
(4) In the case of baggage, the passenger may propose that the customs procedure be carried out according to the result of the customs inspection.
(5) A written application for a customs procedure shall, unless the central customs administration authorises an exemption, be submitted in the following cases:
(a) on importation of goods of a kind, nature and tariff classification not entirely obvious, in particular on importation of goods of the following classes of customs Tariff: XVIII (pharmaceutical and perfumery substances), XXI (mineral oils, etc.), XXII (cotton, yarn and articles thereof outside the rates of heading 180, 181 and 201), XXIII (flax, hemp, jute and other plant prediments outside the rates of heading 202, 203 and 219), XXIV (wool, wool yarn and wavy goods outside the rates of heading 220, 221 and 239), XXV (silky and silky goods outside the rates of heading 240 and 241), XXVI of heading No. 274, XXXIII (articles of goods of furskin), XLVI (chemicals and chemical products), XLVII (mores, articles of colour, pharmaceuticals and perfumes and fragranica off the rates of heading 627, 628 and 629), XXVI, XXIV (wool and 629);
(b) in the case of an application for consideration of goods for reduced duties or free of customs duties in accordance with the tariff notes;
(c) in the case of an application for storage.
(6) Customs may also require the presentation of a written proposal when the goods are being examined for circulation abroad.
(7) The written application shall be made on a form, the specimen of which shall be laid down by the central customs administration. The application shall state the date and place of the drawing up and signature of the successful tenderer (his representative).
§ 17.
(1) The application for a customs procedure must be accompanied by the documents necessary to carry out the customs procedure, in particular as prescribed in the rules
(a) customs (international or initial customs declaration, list of goods, etc.);
(b) on the control of imports and exports of goods (import or export declaration, dispatch order, account, transport document, etc.);
(c) customs statistics (statistical report, etc.),
(d) foreign exchange (authorisation of imports and exports of money and others),
(e) the prohibitions and restrictions on the import, export and transit of goods (import, export after transit permits, etc.).
(2) The international (initial) customs declaration must indicate the consignor and consignee of the consignment, the country of origin, the country of destination, the number, marks and numbers of packages, the type of packaging, the quantity and the type of goods by name in the usual trade and the price of the goods. Where an international or initial declaration is not attached to the transport document, the transport undertaking shall issue a replacement declaration. Instead of international (initial) customs declarations, a list of goods issued by the consignor or a copy of the transport document may be presented if they contain all the information provided for the international (initial) customs declaration.
Implementation of the customs procedure.
§ 18.
(1) Customs shall first of all establish whether the application for customs procedure is complete and supported by the prescribed documents. If this is not the case, the customs office of departure shall invite the customs office of departure to complete the application or to provide supporting documents within a time limit to be determined at the same time. Where a customs party fails to comply with the call and prevents defects in the design of the procedure, the customs authority shall reject the application and, where necessary, shall take appropriate measures on the costs and risks of the customs party in order to prevent the illicit disposal of the goods; may, in particular, deposit goods in, or outside the customs warehouse.
(2) The customs authority shall, on the basis of a complete and duly substantiated proposal, examine the goods. The customs party must prepare the goods to be examined in accordance with the customs order, provide the necessary explanations and accept the sampling required for the customs procedure. If the customs party fails to comply with this obligation, the customs authorities shall take similar measures as when the application is refused (paragraph 1).
(3) Where customs procedures are carried out in the course of travel only on the basis of the result of the customs inspection and where the goods are found to be secretly hidden during such inspection, the goods shall be deemed to have been withdrawn from customs control.
(4) The customs inspection may be limited, depending on the type of customs procedure proposed, to the determination of the quantity of the goods (gross weight, number of pieces and under.) and, where the goods are packed, to the number of packages, their marks, numbers and type of packaging, if the seals are not tampered with (external customs inspection).
(5) Where the content of the consignment is to be established, the customs participant shall carry out all the operations necessary to open the consignment. The inspection of the contents of the consignment (internal customs inspection) shall be carried out in such a way as not to prejudice the goods or packaging. The type, quantity and, where appropriate, the quality of the goods shall be determined by this customs inspection. The customs office shall check the accuracy of the information in the documents submitted.
(6) Customs may limit the inspection to as many packages as it considers necessary to be able to ascertain with sufficient certainty the contents of the consignment (spot inspection); the choice of such cuts is not affected by the customs participant. Cargo packages need not be opened when the goods are dealt with by gross or net weight, as determined by the precipitation of the treads and if the customs or other competent authority of the State has no doubts as to the contents of the individual packages. The customs authorities shall indicate on the customs document or accompanying document the packages which have been subject to internal inspection.
(7) The specimen may be taken by customs only in the presence of the customs participant and only in the quantity required. The contents of the packages are not to be violated. Samples shall not normally be returned; However, a customs participant may reserve the return of unused samples. The customs administration shall not be liable for damage or destruction of samples if damage or destruction occurred during testing.
§ 19.
(1) According to the result of the inspection of the goods and taking into account the documents submitted and the explanation submitted, the customs office will discuss the goods, i.e. decide whether to release the goods into the proposed circulation, under what conditions (e.g. that the goods will be used for a specific purpose or that they will be treated in a certain way) and for whom.
(2) Once the conditions of the decision have been fulfilled, the customs authorities shall release the goods for circulation (end the customs procedure), as a general rule, by issuing proof of the customs procedure carried out. Until such time as the document is issued, the goods may not be moved with the customs territory or with the places where they are to be discussed unless the customs authorities exceptionally agree.
(3) Customs may exceptionally allow imported goods to be treated in a certain way before the end of the customs procedure, provided that this is of general interest and that there is no risk of infringing the import plan.
(4) The decision to release goods for export shall be annulled by the customs office on application by the customs official if the goods have not yet entered the customs territory of the Union. Customs may require prior to this decision that goods bearing the necessary documents be delivered to it.
(5) The customs authority may, if otherwise appropriate, satisfy itself that the customs procedure has been carried out in accordance with customs legislation.
§ 20.
(1) Until the customs procedure is completed, the customs administration shall not be obliged to issue goods to the prosecution, to the court or to any other authority, unless it is requested for the purposes of criminal proceedings.
(2) Where the customs office has issued the goods before the end of the customs procedure, the procuring entity, the court or authority to which they have been issued shall be obliged to arrange the delivery of the goods to the customs office for the purpose of carrying out the customs procedure before issuing them to the authorised person.
(3) If the customs authorities are aware that the person to whom the goods are to be released for free circulation in the country is limited in the right to freely dispose of his property, the customs authorities shall issue them only with the agreement of the authority which ordered the restriction on the handling of the property.
§ 21.
The consequences of the lack of cooperation between the customs participant or the incompleteness of the application.
(1) Applications for customs procedures must be lodged within 48 hours of delivery of the goods to customs; This period may be extended by customs for serious reasons. Where no application for customs procedure has been lodged within a specified or extended period, or where the incomplete application or the missing documents have not been completed, within a period to be determined by customs at the same time by the customs authorities, the customs authorities shall take appropriate measures on its cargo and the risk to prevent the illicit disposal of goods (Section 18 (1)).
(2) Where a customs party fails to submit a proper application within a further period of 3 days, if the goods are subject to perishable goods, otherwise within a further 30 days after the expiry of the period referred to in paragraph 1, the customs office shall sell the goods in accordance with the auction rules outside the execution or forward them for such sale to the competent management authority of the district national committee. Customs may extend or shorten the three-day and 30-day periods; on the sale (surrender for sale) of the goods and on the extension or shortening of the period, they shall notify the customs participant. The proceeds of the auction shall be paid mainly for the auctioning costs, then for the storage and transport costs, customs duties and levies, in the event of a customs refund. The remainder of the proceeds shall be paid to those who prove that they have been a customs participant; If they do not do so within a year after the sale of the goods, the rest of the State will be accounted for.
(3) In the same way, customs may sell the goods in question, provided that the conditions for their release are not fulfilled within the time limit laid down and that the proceeds of such sale are dealt with.
§ 22.
Persons authorised and obliged to discuss the goods.
(1) The customs treatment of goods gives rise to authorisations and obligations for the customs candidate. The customs representative is the person for whom the customs office of departure will release the goods for the proposed circulation (i.e. the person for whom they will release the goods for free or recording circulation or who is affected by the obligation to deliver the goods to the customs office of departure, in the case of the person for whom the goods were stored).
(2) The customs party shall be liable for the fulfilment of the obligations arising from the examination of the goods until it has handed over to the customs candidate referred to in the application for the procedure proof of the customs procedure carried out and until it has issued to the customs candidate the goods in those cases where the issue of the goods is considered.
(3) The customs administration may, with the agreement of the persons concerned, authorise, both during the customs procedure and at a later stage, the third party to take over, in whole or in part, the obligations arising from the processing of the goods.
(4) The customs administration may also give its consent to be guaranteed by one person for the fulfilment of the obligations arising from the negotiation of goods, in particular for payment of customs duties and customs refunds; The hostage is bound as much as the one he vouched for. The customs administration may require the hostage to fulfil the obligation even if it has failed to mention the principal debtor.
§ 23.
Exemption from customs inspection.
(1) The customs inspection shall be waived by the President of the Republic, the President and the Vice-Presidents of the National Assembly, the Prime Minister and his Vice-Presidents, the members of the Government and of the parade of all such persons when travelling abroad and abroad in respect of their baggage which are carried by means of the means of transport by which they travel. The same applies to family members of such persons if they travel with them together.
(2) Subject to reciprocity, a customs inspection shall be waived when travelling abroad and abroad, if:
(a) the Heads of State of Foreign Affairs, the Presidents of the Governments of Foreign States and their Deputy Ministers, the members of the Governments of Foreign States, the President and Deputy Presidents of the Legislative Councils of Foreign States and the members of their parade;
b) Priorities of foreign diplomatic councils appointed by the Government of the Czechoslovak Republic (Ambassador, Ambassador, Chargés d'Affaires), councils, secretaries and attachés (military, commercial and other professional assignments) of foreign diplomatic councils in Czechoslovakia,
(c) the chairpersons and members of foreign delegations at diplomatic conferences convened in the Czechoslovak Republic and for other persons enjoying external rights under international law (e.g. Secretary General of the United Nations Organisation, members of the Danube Commission),
(d) priority for effective consular offices of foreign states operating in the Czechoslovak Republic (general consuls, consuls and vice-consuls), if they are consular officials of the profession and members of the State which appointed them;
(e) members of the families of the persons referred to under (a) to (d) when travelling with them together.
(3) The customs clearance shall also be waived for persons authorised by the Central Customs Administration by the issuing of a special pass or otherwise, or for persons who are declared by a pass issued by the Ministry of Foreign Affairs or the Czechoslovak representative office abroad under the directives agreed with the Central Customs Administration.
(4) Subject to reciprocity, the customs inspection shall not be subject to a sealed diplomatic post carried by the courier by the same means of transport he travels. The courier must be reported by a list drawn up and sealed by the office sending the diplomatic post. The list shall include the number of diplomatic post and the type of packaging; individual cuts and types of packaging shall agree to the list. The same applies to sealed diplomatic post (s) delivered other than by courier; However, the address of the office or authority to which the post is addressed shall also appear on the list accompanying the mail.
(5) Diplomatic post (s) sent by the Ministry of Foreign Affairs or by the Czechoslovak representative authorities shall be released on importation or on exportation without customs inspection, provided that they contain only documents and other items intended for service purposes. The post must be accompanied by a list drawn up and sealed by the Ministry of Foreign Affairs or the representative office which sends it and signed by the person empowered to do so. The list shall indicate the number of pieces and the type of packaging. Each piece of mail shall bear the address of the office or authority to which it is addressed and the seal of the office which sends the mail and shall agree with the list as regards the number of pieces and type of packaging.

Oddíl druhý.

Types of customs procedure.
§ 24.
Initial provision.
(1) Imported goods are either released for free circulation or for circulation in the country; until that happens, the goods are displayed or stored.
(2) The exported goods shall be released for free circulation or for circulation abroad. Goods to be exported other than by frontier customs shall be shown for exit abroad; may also be stored in a customs warehouse.
(3) Balanced goods are shown or stored.
(4) Goods to be transported through foreign national territory are generally shown.
(5) Transport through foreign territory is permitted by the customs office of exit in agreement with the customs office of entry and exit.

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Regulation Information

CitationOrder of the Minister for Foreign Trade No. 31 / 1954 Coll., implementing Customs Act No. 36 / 1953 Coll.
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation07.07.1954
Effective from01.08.1954
Effective until-
Status Valid
The regulation text is for informational purposes only.
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