What is Decree of the Ministry of Foreign Trade No. 82 / 1961 Coll.?

Decree of the Ministry of Foreign Trade No. 82 / 1961 Coll., implementing Customs Act No. 36 / 1953 Coll. — Decree of the Ministry of Foreign Trade implementing Customs Act No. 36 / 1953 Coll..

Is Decree of the Ministry of Foreign Trade No. 82 / 1961 Coll. still valid?

Yes, Decree of the Ministry of Foreign Trade No. 82 / 1961 Coll. is still valid and effective.

Decree of the Ministry of Foreign Trade No. 82 / 1961 Coll. - Decree of the Ministry of Foreign Trade...

82

DECLARATION

Ministry of Foreign Trade

of 26 July 1961

implementing Customs Act No. 36 / 1953 Coll.

The Ministry of Foreign Trade provides in the agreement with the participating central offices pursuant to § 6 (2), § 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 administration

§ 1

The main task of the customs administration is to check the circulation of goods in contact with foreign countries in order to ensure the protection and promotion of planned foreign trade and foreign exchange 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 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 Ministry of Foreign Trade in agreement with the central authorities involved.

§ 3

Scope of 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 the collection of supporting documents for customs statistics;

(e) issue, under the regulations of the Ministry of Foreign Trade, a legally binding interpretation of the customs status of goods and the amount of the draught;

(f) to decide on appeals until customs decisions;

g) decide as first stool in reserved cases.

§ 4

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 regulations on the State organisation of foreign trade, the rules of foreign exchange, security, health, veterinary, etc.,

(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 Ministry of 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

State authorities, in particular the national committees, the authorities of the Ministry of the Interior, the prosecutors and courts, shall, within the limits of their competence, provide the customs authorities with effective assistance in the implementation of the Customs Act and the provisions issued under it, 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 authorities of the Ministry of the Interior in the customs supervision of the transport of goods across national borders and the circulation thereof and for their authorisation and duties.

(2) National committees, prosecutors and courts are required to ensure that goods seized by them, which have not been declared forfeited or seized in criminal proceedings, are delivered to customs before it is issued to the creditor, where they are subject to customs control or customs proceedings.

§ 7

Carrying and use of weapons

(1) Customs staff shall be entitled to carry and use weapons at the places specified by the central customs administration at the time of service.

(2) A customs official may use weapons in the performance of his duties while maintaining the necessary caution under the following conditions:

(a) against a person who has illegally crossed or is attempting to cross national borders, does not stop at the call, tries to escape and cannot otherwise be detained;

(b) in the event of necessary defence to avert an wrongful attack against or imminent to the person concerned or an attack on the life of another person;

(c) to avert a dangerous attack against a state property or a guarded object, following a futile call to abandon the attack;

(d) following a futile call to prevent a detainee's escape, unless it is possible to prevent it otherwise.

§ 8

Customs working 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 procedure

§ 9

Preliminary provisions

(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).

DÍL I

Transport of goods across national borders

§ 10

Obligation to deliver goods and visit 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) Customs duties or customs duties may be further defined by the carrier's duty to travel by customs.

(2) 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.

(3) On journeys whose middle line is run by national borders, transport is also permitted on that part of the territory of another country; from the point of view of customs legislation, it is considered in such cases that the transfer of State borders has not taken place.

(4) Transport between borders and border customs is subject to customs control.

§ 12

Means of transport

The detailed arrangements and arrangements for means of transport, as well as on which premises of means of transport the goods may be stored for customs transport, shall be laid down in customs regulations.

DÍL II

Customs procedure

Oddíl první

General provisions

§ 13

Main principles

(1) The customs procedure is carried out by the customs authorities which have supplied the imported or exported goods.

(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 central customs administration may, taking into account the mode of transport and customs control, allow certain types of goods exported to be dealt with by border customs.

§ 14

Customs

(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, bill of lading, stock list, etc.) proves to the customs authorities that he may dispose of the goods to the extent necessary to carry out the customs procedure, in particular that he may supply them to the customs authorities for this procedure and give them 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 person used by the transport undertaking in the transport of goods for the purpose of procuring the tasks with which customs procedures are necessarily linked is the transport undertaking being authorised for the customs procedure.

§ 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 relating to references (Section 32 et seq.) apply mutatis mutandis to the treatment of goods brought from customs to the place of destination for the purpose of the customs procedure.

Application for customs procedure

§ 16

(1) Applications for customs procedures shall, as a general rule, be lodged orally. However, in order to ensure the correct conduct of the customs procedure, customs authorities may require that the application be made in writing on the prescribed form.

(2) The customs party is entitled to check the goods under customs control for the information required for the application. 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 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 the goods converted into the KCs on the basis of the middle course indicated in the heading of the Czechoslovak State Bank, if the price required for the implementation of the proposed customs procedure is indicated,

(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.

§ 17

(1) The application for a customs procedure must be supported by the documents necessary for carrying out the customs procedure, in particular those prescribed in the customs, foreign exchange, prohibitions and restrictions on imports, exports and transit of goods or other rules relating to customs procedures (e.g. international or initial declaration, list of goods, transport document, account, foreign exchange document, authorisation, certificate or other similar document).

(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 the packages, the type of packaging, the quantity and 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 drawn up 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) Provádí-li se v cestovním styku celní řízení jen podle výsledku celní prohlídky a zjistí-li se při této prohlídce zboží záludně ukryté, má se za to, že zboží mělo být odňato celní kontrole.

(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, etc.) and, where the goods are packed, to the number of packages, their marks, numbers and type of packaging, if the seals are not broken (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. It is also possible to examine passengers' luggage at random in travel.

(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 given, 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, goods may not be moved from the customs territory or from the place 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 customs authority may, after another appropriate examination, 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

Causes of a lack of cooperation or 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) If the 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 following the expiry of the period referred to in paragraph 1, the customs office shall sell the goods in accordance with the auction regulations outside the execution or submit them to the district national committee for such sale. 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.

§ 22

Exemption from customs inspection

(1) The customs inspection shall be waived when travelling abroad and abroad with the President of the Republic, the President and Vice-Presidents of the National Assembly, the Prime Minister, the Deputy Prime Minister, the Ministers, the President, the Vice-Presidents and the delegates of the Slovak National Council and the members of the parade of such persons. The customs inspection is further abandoned by Members of the National Assembly and the Slovak National Council, by Deputy Ministers, by ambassadors, ambassadors and general consumes of the Czechoslovak Socialist Republic, by generals in active service and by the Presidents of the Regional National Committees. The customs inspection shall also be waived for members of the family of all such persons if they travel with them together.

(2) Under conditions of reciprocity and for reasons of international courtesy, 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) heads of foreign diplomatic missions entrusted to the Czechoslovak Socialist Republic (Ambassador, Ambassador, Chargés d'Affaires) and members of diplomatic staff of such missions (Councils, Secretaries, Attaché, etc.),

(c) the chairpersons and members of foreign delegations at diplomatic conferences convened in the Czechoslovak Socialist Republic and other persons enjoying diplomatic and consular privileges and immunities under international law;

(d) foreign diplomatic representatives operating outside the territory of the Czechoslovak Socialist Republic when travelling to or passing through the Czechoslovak Socialist Republic;

e) Priorities of effective consular offices of foreign states operating in the Czechoslovak Socialist Republic (general consul, consul and vice-consul) if they are consular officials in the profession and are not Czechoslovak citizens,

(f) members of the families of the persons referred to under (a) to (e);

(g) other nationals of foreign States having diplomatic status;

(h) diplomatic couriers of foreign states.

(3) The exemption from customs clearance shall also apply to the baggage of persons named in paragraphs 1 and 2 whose transport takes place in connection with the journey of such persons, even if they are imported or exported by means of means of transport other than those to which they travel.

(4) The exemption from customs clearance shall not apply where there are serious grounds for believing that the baggage contains articles whose import or export is prohibited.

(5) The customs inspection shall also be waived in cases where the central customs administration has authorised it by issuing a special pass or otherwise, or in the case of persons who are declared by a pass issued by the Ministry of Foreign Affairs or the Czechoslovak representative office abroad in accordance with directives agreed with the Central Customs Administration.

(6) The customs inspection is not subject to a sealed diplomatic post carried by the courier by the same means of transport as he travels. Diplomatic post may contain only diplomatic documents or items intended for the official use of the mission. The courier must be shown by a list drawn up and stamped 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 (in consignments) delivered by a courier other than a courier; However, the address of the office or authority to which the post is addressed shall also appear on the list accompanying the mail.

(7) Diplomatic post (s) sent by the Ministry of Foreign Affairs or by the Czechoslovak representative authorities will be released on importation or export without customs inspection provided that they contain only documents and other items intended for service purposes. The post office must be accompanied by a list drawn up and stamped 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

Recording in domestic

§ 23

(1) In particular, the following may be released into the national circulation:

(a) goods for uncertain sale and for demonstration,

(b) goods for temporary use;

(c) goods for trial, imitation or testing;

(d) goods for exhibition events,

(e) goods for competitions, competitions and other public appearances;

(f) goods for repair,

(g) samples for commercial passengers;

(h) means of transport;

(ch) cattle on pasture or for field and other work in border traffic;

(i) goods for storage;

(j) packaging imported for filling,

(k) goods for processing.

(2) Where goods are imported for processing, the value of which exceeds 20 000 CZK, the central customs administration authorises their entry into circulation in the country. In other cases, all inland, railway and port customs are entitled to release the goods into the domestic circulation. It is for the customs authorities to release the means of transport by road to persons not resident in the country into the circulation of the goods. These customs agents may also release goods imported in travel and border traffic into the domestic circulation.

(3) Exhibition events organised with the participation of foreign organisations in the territory of the Czechoslovak Socialist Republic shall mean exhibitions and demonstrations of goods, works of art, films, printed matter and other objects in order to acquaint themselves with the existence, content and function of the Czechoslovak public or certain circles of experts.

(4) Goods to be imported for the purposes of exhibition events organised in the territory of the Czechoslovak Socialist Republic may only be placed in circulation in the domestic territory if, at the request of the Czechoslovak organisation hosting the exhibition event, the Ministry of Foreign Trade or the organisation entrusted with it has given prior approval to this exhibition event. In the case of exhibition events which have no relation to foreign trade, the Ministry of Foreign Trade shall decide in agreement with the competent central office to the organisers of the exhibition.

§ 24

(1) In particular, the authority which authorises the release into circulation of goods within the territory of the country or which is entitled to release goods for such circulation shall determine the conditions under which the goods are to be released into the circulation of the goods and the time limit within which they must be delivered to the customs office for re-export, the identity of the goods and the extent to which the security for the refund is to be given.

Citation	Decree of the Ministry of Foreign Trade No. 82 / 1961 Coll., implementing Customs Act No. 36 / 1953 Coll.
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	10.08.1961
Effective from	01.08.1961
Effective until	-
Status	Valid

Decree of the Ministry of Foreign Trade No. 82 / 1961 Coll.

Decree of the Ministry of Foreign Trade implementing Customs Act No. 36 / 1953 Coll.

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