Decree of the Ministry of Foreign Trade No. 36 / 1963 Coll.
Decree of the Ministry of Foreign Trade issuing the Customs Code
Valid
Effective from 01.05.1963
36.
DECLARATION
Ministry of Foreign Trade
of 7 April 1963
on the issue of the customs timetables
The Ministry of Foreign Trade provides in the agreement with the participating central offices pursuant to § 54 (a) of Customs Act No. 36 / 1953 Coll.:
Basic provisions
In the case of transport by ships and other vessels (hereinafter referred to as "vessels') in contact with a foreign country, the general customs legislation (Customs Act No. 36 / 1953 Coll. and Decree No. 82 / 1961 Coll., implementing the Customs Act) applies, unless otherwise provided for in this Order.
Rights and obligations of customs authorities in shipping
(1) When carrying out the customs control and carrying out the customs procedure, navigation operations shall not be interrupted more than is strictly necessary. Customs authorities shall be obliged to comply with the navigational undertakings and, if there is no obstacle, to allow any permissible relief in customs proceedings.
(2) To accompany the vessels, the accompanying customs authorities must have a service order from the head of customs. Where a customs escort has been ordered, the sailing undertaking shall be obliged to take on board the vessel free of charge by the accompanying customs authorities, provide them with accommodation, heating and light free of charge, and for adequate compensation and food.
Obligations of shipping undertakings in ports and transports
(1) In addition to the rooms and premises which it procures and maintains pursuant to the general customs regulations, the operator of the transhipment facility shall affix to his cargo the tools and equipment necessary for customs clearance. The operator of the transhipment facility shall agree with customs on the way in which the rooms for handling and storing goods are closed.
(2) The sailing authority shall determine in agreement with the customs rooms and premises (service warehouses) in which the goods are stored for the purpose of the customs procedure. With the agreement of customs, such goods may also be stored in other rooms and spaces and on ramps and complexes, provided that the nature of the goods or local circumstances so require, and that the navigational authority ensures that they are adequately secured. The sailing authority shall provide scales and weights for weighing of goods in the operating warehouse. In an operating warehouse, the customs interested party may, with the agreement of the customs office and the warehouse operator and under customs supervision of the goods, treat the goods effectively, such as viewing, repackaging, remarking, dividing, refilling, cleaning, supplementing, denaturing and taking samples from them.
(3) Where a navigational undertaking is a customs participant, its staff shall carry out ancillary work in customs proceedings. The loading, folding or transhipping of goods, weighing, opening and closing of ships' spaces and packages, loading of ladders and bridges, unpacking and packing of goods, etc.
(4) The sailing undertaking may, with the agreement of the customs office, sell uncollected goods which have not yet been released for free circulation where customs duties and levies or, where appropriate, customs refunds are paid. The central customs administration may waive customs duties and levies or, where appropriate, customs refunds in whole or in part.
(5) The shipping authority, the shipping undertakings and the transport operators are obliged to take care of the interests of the customs administration. In particular, they shall be obliged to notify the customs administration of the infringements which they detect when operating. They shall also be obliged to go to the customs authorities, to give them the explanations they request, to notify them of any defects which might cause economic damage and to allow them to consult the documents relating to the goods transported.
Timetables
Vessels shall notify border ports of the timetable for all vessels regularly crossing the national border and any change thereto before the timetable or change in its effectiveness. Repayment and delay of more than half an hour, as well as the inclusion of exceptional journeys, shall be notified by the navigating undertaking to the customs office in time so that the customs office can adjust the working procedure accordingly. Vessels shall provide for a reasonable period of time for the vessel to be held in a customs procedure at the border station in agreement with customs.
Customs working hours
(1) The working hours are set by customs in agreement with the navigating authority and the undertaking to meet the needs of the voyage.
(2) Border port customs offices for which continuous working time is established are required to carry out customs controls and customs procedures concerning passengers and their baggage, which do not contain goods intended for trade, after landing or prior to departure at any time of the day or night, and also on working days. They shall also be required to discuss perishable goods and live animals on the basis of a request from a customs participant. The same applies to the release for free circulation in the Czech Republic of consignments of bulk goods (such as coal, wood, ore, grain, potatoes, etc.), provided that a proper inspection can be carried out without difficulty and the transport and proper execution of the customs procedure are not interrupted by negotiation. In the same way, customs offices shall release transit consignments as well as export consignments of goods which have been discussed for export by another customs office.
Supervision of transport of goods by water
(1) Customs supervision in ports and transports in which customs or their turnovers are located shall be carried out by the customs authorities. The authorities of the Ministry of Interior also cooperate in the customs supervision of the carriage of goods through the national border by water and in its circulation in the territory established under the rules on the protection of national borders. The authorities carrying out customs surveillance in that territory shall ensure that vessels flying from and to abroad do not associate with the shore or other vessels and that the line from the national border to the border port customs office or, on the contrary, pass without changing cargo. Those authorities shall be entitled, unless this is contrary to international agreements, to enter on board a vessel, to inspect the vessel and the goods loaded on it, to inspect the accompanying documents and, where appropriate, to other documents relating to the goods carried and to request the communication of the data and the explanations necessary to assess whether the customs legislation has been maintained; may open the premises and, if deemed necessary, accompany the vessel to the nearest customs office.
(2) If the customs authority supervising the vessel informs the customs authority that it wishes to board the vessel, the master shall be obliged to carry it back and forth free of charge. During the inspection, the master of the vessel shall comply with the instructions of that authority and shall contribute with the crew to the proper conduct of the inspection.
(3) Vessels flying border waters are not subject to customs procedure if they do not arrive at shore. Customs authorities shall only supervise shipping in border waters from the shore.
(4) The cargo of vessels travelling in the river, the two banks of which are in Czechoslovakia, may bring customs to a conclusion or may order the escort of such vessels if the provisions of international agreements so allow.
Landing
(1) Vessels travelling from abroad or abroad on a section of the waterway declared as a customs route are obliged to make a journey from the national border to the border port customs office or on the contrary without stopping and without changing the load. They shall land at the border customs office at the site designated by the navigational authority in agreement with customs. Customs may, in agreement with the competent authorities of the Ministry of the Interior, authorise the loading and unloading of goods even outside ports and transhipments.
(2) Vessels operating in frontier waters may, in principle, land only in ports where customs offices are located. The customs office shall carry out the inspection of the vessel which has landed and take the measures necessary to safeguard the interests of the customs administration. The customs office shall, as a general rule, refrain from examining the vessel if it has no doubt landed only for a short period of time to correct the defect, or that a smaller load and passenger disembarkation is taken and that the journey is carried out immediately.
(3) Where a vessel flying from or from a foreign country to or from a border customs office is forced to land in a place where it is not permitted to land under customs legislation, crew members may step down to tie them up. The master of the vessel shall report the landing without delay to the competent authority of the Ministry of the Interior or, where appropriate, to the local national committee, which shall inform the nearest customs office; If such an authority is not available (for road inconsistency, distance, night time, etc.), the master shall report the landing of the vessel by means of an audible signal consisting of alternately long and short sound (-.-.). He'll give the signal three times in a row at ten minute intervals. The customs authorities or, where appropriate, the authorities of the Ministry of the Interior or of the local national committee shall take measures to ensure that the goods are not unloaded or loaded and that they are unloaded so that customs controls are not missed.
Accident
Where a vessel is shipwrecked with goods subject to customs control, the skippers, crew members and competent authorities shall proceed mutatis mutandis in accordance with the provisions of Section 7 (3).
Vessel gear
(1) Vessels shall not have secret or difficult to detect entrances and premises in which persons, baggage or goods may be hidden.
(2) Locking spaces intended for the carriage of goods must be provided with a device enabling seals to be attached. These spaces of the vessel shall be so constructed that they can be securely sealed and that, when the seals are attached, neither the goods nor other goods can be removed from them without leaving visible traces.
(3) Where an international agreement contains special rules on customs clearance, the conditions laid down in the Agreement shall apply to the construction and installation of vessels and their eligibility for customs clearance.
Customs
(1) Customs offices in ports shall be designated by customs in agreement with the navigation authority and the operator of the transhipment point. The customs area should be enclosed. Vessels anchored by the shore at the customs site and by vessels laterally linked thereto shall be considered to be vessels on the customs site up to the number of port regulations laid down.
(2) The operator of the transhipment site shall establish safe access to the vessels for customs authorities and properly illuminate the port and the transhipment site.
Customs seals
(1) Goods which are carried by a vessel and which are subject to customs control shall, as a general rule, be placed under a spatial or partial conclusion. The number and marks of the seals shall be indicated by customs in the customs or, where appropriate, in the transport documents.
(2) If customs seals are to be mutually recognised under international agreements, they do not replace border customs at the entry of foreign customs seals, if they are not broken, and they generally do not remove their own exit conclusions. If the foreign or its own conclusion is removed, it shall be replaced by a new conclusion.
(3) The master of the vessel shall ensure that the closure equipment of the vessel is permanently in good condition. They shall be satisfied before departure whether consignments of goods under customs control are accompanied by customs seals and if the marking is clear. Where the master of a vessel or a representative of a navigational undertaking declares that the seals are missing or that the marking is unclear, the customs office shall be obliged to make a correction.
Imports
Vessel arrival
(1) As soon as the vessel arrives from abroad to the border port customs office, the shipowner shall be obliged to forward to the customs office or its authority the entry list of the cargo (manifest) with the relevant international (primary) customs declarations and submit the inventory list; the lists must be signed by the master of the vessel.
(2) The entry list of cargo shall include the following information: nationality and type of vessel, its name or registration mark, carrying capacity, the place where it is entered in the list of inland vessels (home port), and the port from which it has left or loaded the goods, the names and addresses of the recipients of the goods, the quantity and type of the goods transported (by measure and name of the usual in the store and, where the goods are packed, the number of pieces, marks, numbers and type of packages of each consignment).
(3) The list of stocks shall include ships' supplies, passenger baggage submitted to the shipping undertaking, propellants and, where appropriate, equipment of the vessel, unless it is included in a separate list (inventory). The weight of supplies and propellants can only be given approximately.
(4) The obligation to present an entry list of cargo shall be exempt from the obligation to provide vessels for personal, entertainment, fishing and vessels serving solely the purposes of the navigation authorities and agricultural purposes; such vessels, other than passenger vessels, are also exempt from the obligation to have a list of stocks. Vessels arriving in the same port regularly and more frequently may have the establishment on a separate list; the list and any changes thereto shall be confirmed by customs. The obligation to submit the entry list and the list of stocks shall also be exempt from the obligation of a vessel flying in frontier waters, which shall only land for a short period of time for technical reasons (restocking, removal of defects, etc.), or to collect smaller cargo and land passengers.
Vessel inspection
(1) Upon landing, the master of the vessel shall forward to customs the entry list of the cargo and the inventory list. The customs office shall examine the vessel, including the quarters, and take the measures necessary to ensure customs control of the imported goods.
(2) A tour of passenger ships shall be carried out preferably outside the landing order. Upon inspection of passenger ships, a priority inspection of the vessel carrying the load of perishable goods may be carried out at the request of the master.
(3) On inspection, customs will check the inventory list and confirm and return the list if not found defective. The premises in which the goods are stored which are not unloaded shall be placed under customs clearance; If they cannot be concluded, the vessels and goods may be guarded for the expenses of the sailing undertaking. If the vessel is constructed in such a way that cargo spaces cannot be easily inspected, the master of the vessel shall, in addition to the list of cargo, submit the plan of the vessel in order to determine the location of the warehouses and the premises where the goods are stored.
(4) As long as the inspection takes place, any contact with the shore and other vessels shall be prohibited; in addition to the crew members of the vessel, other persons may enter the vessel only in the performance of official duties, with the agreement of the customs and border authorities.
Customs procedure on importation
(1) Customs inspection of crew and passengers and inspection of baggage shall normally take place on board the vessel; passengers may leave the vessel only after customs and passport checks have been completed. If it is not possible to carry out a customs inspection on board the vessel reliably or if goods intended for trade or goods whose importation is restricted or prohibited are found in the baggage, the passenger shall be obliged to take his luggage to the inspection room to invite the customs authorities. This also applies to passengers who are unduly stalling the customs inspection.
(2) The quantity of supplies required for the journey shall be released by customs duty-free, provided that they are consumed only on board the vessel. The relevant quantity shall be estimated on the basis of the number of crew members and passengers arriving from abroad, the length of the voyage and the expected retention of the vessel within the territory of the country.
(3) The vessel's equipment will release customs according to the inventory record or inventory list (Section 12 (3)). The master of the vessel whose home port is in Czechoslovakia is obliged to report to customs the equipment acquired abroad as well as the losses of the equipment left abroad during the voyage.
(4) The customs authorities shall examine the goods to be dealt with for free circulation or recording purposes in the country in accordance with the general customs rules.
(5) Before unloading, the customs authority shall inspect the premises loaded. The cargo shall be compared with the entry list and the international (primary) customs declarations. The customs authority shall supervise the unloading of the goods, as appropriate, either permanently or occasionally. When unloading is interrupted, customs authorities shall take appropriate measures to ensure that the rest of the goods are not unloaded. When the goods are unloaded, the customs authority shall satisfy itself that all the goods have been unloaded according to the list of goods. The customs procedure shall be carried out by the customs authorities in accordance with the general customs rules and shall be indicated in the list of goods which have been unloaded, which have remained on board and which customs procedures have been carried out.
Export
Customs procedure for export
(1) General customs provisions apply to the export procedure (Section 1), save as otherwise provided.
(2) Before the loading of goods to be exported begins, the customs authorities shall satisfy themselves, as necessary, that the loading facilities are adapted so that they can be placed under customs clearance. It may require the shipowner or agent of the shipowner to submit to it for inspection the plan of the vessel and the closure facility and to provide an explanation of the storage facilities.
(3) The master of the vessel shall submit to customs the exit list and the required documents. Where a vessel is loaded at the inland customs office, the master of the vessel shall give it a double list; one copy is intended for border port customs. The exit list shall include the following information: nationality and type of vessel, its name or registration mark, carrying capacity, the place where it is entered in the list of inland vessels (home port), and the port from which the goods have left or loaded, the name and address of the consignor of the goods, the country of destination, the quantity and type of goods transported (by measure and by name customary in the store, and, where the goods are packed, the number of pieces, marks, numbers and types of packages of each consignment).
(4) The customs authority shall first examine the premises of the vessel in which the goods are to be loaded. The customs authority shall supervise the disposal of the goods, as appropriate, either permanently or occasionally. When loading is interrupted, customs authorities shall ensure the premises of the vessel by appropriate measures. Upon completion of the handling, the customs authority shall satisfy itself that all goods have been loaded in accordance with the list of cargo and the loading facilities shall be closed by sealing. The customs office shall indicate on the exit list the dates of the export negotiations and the number and marks of seals attached. The list stays with customs. The inland customs office shall return the second copy of the list after verification to the shipowner or the master of the vessel, who shall submit the list to the exit customs office.
(5) If such goods are to be loaded at other customs offices on the vessel carrying goods to be exported, the master of the vessel shall submit to each additional customs officer, under his supervision, an additional exit list of the cargo (double if applicable) and prescribed documents. Where goods are placed in spaces in which goods are exported by another customs office and which are already closed by customs, the customs office shall indicate the change in the conclusion on the exit list.
(6) Stocks and equipment of the vessel are discussed for export of border port customs. Compare the stock with the inventory list and release the amount needed to travel. It estimates the quantities in question in a similar manner to those on importation (Section 14 (2)). The release will be marked on the inventory list. They shall also release the equipment of the vessel included in the inventory list and, where appropriate, in the inventory list (Section 12 (3)).
(7) Customs inspection of crew members and passengers and inspection of baggage are carried out by border port customs offices similar to imports (Section 14 (1)). On completion of customs and passport checks, passengers may leave the vessel only with the agreement of the customs and border authorities.
(8) The master of the vessel shall submit to the customs office of exit all the exit lists and the prescribed documents for goods loaded under the supervision of inland customs and the inventory list.
(9) The border port (exit) customs office shall satisfy itself that the seals on the loading areas or goods covered by other customs offices are intact, compare the cargo to the exit lists of the cargo and the customs documents, inspect all other areas of the vessel, including cabins, and check the stocks, equipment, crew members, passengers and baggage. The result of the check shall be indicated by customs on the cargo exit lists and on the inventory list and retained; If they do not find a fault, they shall release the vessel abroad.
(10) The exit customs office shall be entitled to carry out a re-inspection or random inspection of the goods under consideration; the inspection must be carried out if the seals are breached or if there are other reasonable grounds for suspecting that the contents of the consignment have been altered or that the goods have been handled by other illegal means.
Demonstration
General provisions
(1) General customs provisions apply to the reference of goods and baggage in shipping (Section 1), unless otherwise specified below.
(2) The customs party shall propose the presentation of each consignment by means of a double declaration and attach all accompanying documents. The referring customs office shall complete the declaration by completing a double customs document setting a reasonable time limit for the delivery of the goods (baggage) to the receiving customs office. The goods shall be marked by customs in the list of cargo. The original of the accompanying document shall be issued by the customs office of departure and shall retain the duplicate. The receiving customs office shall confirm the delivery of the goods in the original form and return it to the referring customs office.
Transport of ordered goods
(1) As a general rule, only vessels which may be placed under customs clearance may be used for the transport of the goods in question. Such vessels shall be considered as such in particular vessels which are fitted with a special closure device. Where an international agreement is negotiated on the construction, installation and closure of vessels, the provisions of this Treaty shall apply.
(2) Vessels which do not have closure facilities and whose loading areas cannot be sealed may normally be used for the transport of the goods in question only if they can be placed under a piece of closure or where customs escort orders. The customs office may, in particular, waive any piece of conclusions or escort when transporting goods the identity of which can be easily determined by weight and number of pieces, etc. (e.g. machinery, rail) or when transporting bulk goods.
Translation of the goods ordered
(1) Goods placed under a partial seal and goods which have not been placed under such a conclusion because their identity can be easily ascertained may be transhipped to another vessel, railway wagon and road vehicle of a transport undertaking or, conversely, without customs supervision.
(2) Goods placed under space seals may be transhipped only under customs supervision.
Customs procedures for vessels and their accessories, means of operation and items of business
Vessels
(1) Domestic vessels included in the fleet of a domestic shipping undertaking which are engaged abroad as means of transport shall be admitted to the record-keeping operation in a foreign country, without proposal from the customs participant and without special procedure, for the period during which they remain temporarily abroad.
(2) The foreign vessels included in the fleet of a foreign shipping undertaking entering the territory of the country as means of transport shall be released into circulation in the territory of the country, without proposal from the customs participant and without special procedure, for as long as they remain temporarily in the country.
(3) If vessels are to be kept abroad (within the territory of the country), they must be considered for free circulation.
Hired vessels
(1) Foreign vessels which hire a domestic shipping undertaking to temporarily place them in its fleet may be placed in circulation in the country under the conditions laid down in the general customs legislation. The port customs authorities shall authorise release into the recording system.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to domestic vessels chartered by a foreign shipping undertaking.
Vessel gear
The equipment of the vessels, their equipment, loading and protective equipment, etc., shall be released with the vessel of which the accessories are made up, provided that they are included in a logbook or inventory list.
Replacement parts of vessels
(1) The replacement components constituting the equipment of the vessel shall be released with the vessel. Replacement parts and items of equipment sent by a foreign shipping undertaking to repair foreign vessels docking in the country shall be released by customs to the national record-keeping operation without special procedure if the shipping undertaking declares that the components will be used for repair. It shall also release the damaged parts of the alien vessel freely into the foreign territory.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to spare parts and items of equipment sent by a domestic shipping undertaking to repair domestic vessels docked abroad. Damaged parts of domestic vessels shall be released by customs on importation duty-free if the domestic undertaking declares such components to be such components.
Propellants and items of business
(1) The propellants, lubricating oils, fats and other operating aids on board shall be exempt from customs duty in a quantity of reasonable travel consumption. The duty shall also be exempt from fuel, lubricating oils and fats imported by foreign shipping undertakings for their own vessels temporarily present in the country, provided that they are not used for any other purpose.
(2) Exemptions from customs duties are granted for goods of service for foreign navigational undertakings in the country (e.g. forms, envelopes, stamps, typewriters and other small office equipment), uniforms for their employees, etc.
Final provisions
Repeal
Order No 148 / 1954 of the Minister for Foreign Trade of the Czech Republic issuing the Customs Code and the Regulations on Customs clearance for river ships is hereby repealed.
Efficacy
This Decree shall take effect on 1 May 1963.
First Deputy Minister:
ge. Abdomen
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Regulation Information
| Citation | Decree of the Ministry of Foreign Trade No. 36 / 1963 Coll., which issues the Customs Regulations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.04.1963 |
|---|---|
| Effective from | 01.05.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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