GOVERNMENT OF THE REPUBLIC OF ARMENIA

No 706-N of 31 May 2012

ON APPROVING THE PROCEDURES FOR STATE APPROVAL OF END USER CERTIFICATE, ISSUANCE OF IMPORT CERTIFICATE AND FORMS OF CERTIFICATES

Based on part 4 of Article 146 of the Constitution of the Republic of Armenia, the Government of the Republic of Armenia hereby decides:

(Preamble amended by No 532-N of 8 April 2021)

1. To approve:

(1) the procedure for state approval of the end-user certificate, according to Annex No 1;

(2) the procedure for issuance of the import certificate, according to Annex No 2;

(3) the forms of end-user and import certificates, according to Annex No 3.

2. To assign the Chairperson of the State Revenue Committee adjunct to the Government of the Republic of Armenia to provide, within ten working days from the moment of customs formality of the given transactions, the information on import carried out under the certificates approved by this Decision to the Ministry of Economy of the Republic of Armenia and the National Security Service adjunct to the Government of the Republic of Armenia.

3. This Decision shall enter into force on the tenth day following the day of its official promulgation.

PROCEDUE

FOR STATE APPROVAL OF END-USER CERTIFICATE

I. GENERAL PROVISIONS

1. This Procedure shall define the procedure for state approval of end-user certificate (hereinafter referred to as "Certificate").

2. The provisions of this Procedure shall apply to the products imported into the territory of the Republic of Armenia, the export whereof from the exporting country is subject to the legislation of the exporting country or necessity for or requirement for issuing the Certificate by the authorised body upon approval of the state administration body of the Republic of Armenia.

(point 2 supplemented by No 532-N of 8 April 2021)

3. The Procedure shall not restrict the right of legal persons and natural persons and individual entrepreneurs importing products into the territory of the Republic of Armenia to carry out import of products without the Certificate, or, in case the exporting country requires the Certificate, to submit that Certificate with own approval by the mentioned legal persons and natural persons and individual entrepreneurs, where it is acceptable for the exporting country.

4. The Certificate approved by the state authorised body of the Republic of Armenia shall be a document for strict record-registration.

5. The Ministry of Economy of the Republic of Armenia (hereinafter referred to as "Authorised body") shall carry out the approval of the Certificate in accordance with the requirements of this Procedure, except for point 6 of this Procedure.

6. In case the state administration bodies of the Republic of Armenia import the products prescribed by point 2 of this Procedure into the Republic of Armenia for own needs, the Certificate shall be approved thereby.

II. PROCEDURE FOR FILLING IN THE CERTIFICATE AND SUBMITTING AN APPLICATION FOR APPROVAL THEREOF

7. The Certificate shall be filled out in two copies by a legal person or an individual entrepreneur registered or record-registered as prescribed by the legislation of the Republic of Armenia. All copies shall be signed by the head of the legal person or a person authorised by him or her or an individual entrepreneur, assuming the obligations defined by the Certificate.

(point 7 amended by No 668-N of 30 June 2016, supplemented by No 532-N of 8 April 2021)

8. The Certificate shall be filled out in accordance with Form No 1 of Annex No 3 to Decision of the Government of the Republic of Armenia No 706-N of 31 May 2012. The Certificate may also be filled out in English.

9. In case the exporting country sets down additional requirements for the content of the Certificate, relevant additions may be made to Form No 1 of Annex No 3 to Decision of the Government of the Republic of Armenia No 706-N of 31 May 2012.

10. For the purpose of having the filled out and certified Certificate by the legal person or individual entrepreneur approved by the Authorised body, the legal person or the individual entrepreneur shall apply to the Authorised body, attaching the following information and documents:

(1) an application, where for a legal person — the name, location and registered office, state registration number, e-mail address and telephone number of the legal person shall be specified, and for an individual entrepreneur — the name, surname, places of residence and registered office, state registration number, e-mail address and telephone number;

(2) name, country, location of exporter;

(3) in case the import is not carried out by the applicant — the name and location of the importing organisation, or for the importing individual entrepreneur — the name, surname, place of residence and registered office;

(4) technical description of the product imported;

(5) two Certificates filled out and certified in accordance with the requirements set forth in point 7 of this Procedure;

(6) the copy of the import contract or other document certifying the transfer of products imported;

(7) a copy of the relevant expert opinion or other document of the relevant authorised body of the Republic of Armenia authorising the import of the product into the Republic of Armenia, where the requirement for the availability of such an expert opinion or document for the import of the given product is defined by the legislation of the Republic of Armenia.

(8) place of installation and/or use of the product;

(9) purpose of end-use of the product.

(point 10 edited, supplemented by No 532-N of 8 April 2021)

10.1. In case of expiration of the certificate approved by the authorised body, the legal person or individual entrepreneur shall also submit to the Authorised body the below-mentioned attached to the application for approving a new Certificate in case of failure to carry out the import of products specified in the given Certificate or availability of stock-on-hand:

(1) information provided by the State Revenue Committee of the Republic of Armenia on the quantities of products imported under the previously approved Certificate;

(2) information provided by the supplier organisation regarding the supply of products to be imported under the previously approved Certificate or the reasoning for failure to carry out the supply.

(point 10.1 supplemented by No 532-N of 8 April 2021)

11. The legal person and individual entrepreneur shall have the right to submit the application and the information and documents attached thereto, indicated in points 10 and 10.1 of this Procedure, to the Authorised body electronically to the email address “secretariat@mineconomy.am” or by post or personally. In case of applying electronically, it shall be necessary to submit the application under the procedure defined by the legislation of the Republic of Armenia, with an electronic digital signature.

(point 11 amended, supplemented by No 532-N of 8 April 2021)

11.1. The application submitted by a legal person or an individual entrepreneur for the purpose of rendering by the Authorised body a decision on the approval of the Certificate and the documents attached thereto may be submitted to other state body for receiving an opinion or other additional information. After receiving the request, the state body shall provide the required information to the Authorised body within 3 working days.

(point 11.1 supplemented by No 532-N of 8 April 2021)

11.2. In the case defined in point 11.1 of this Procedure, the process of consideration of the application shall be suspended by the Authorised body for 5 working days until the relevant opinion or information is received, whereon the applicant shall be informed electronically within 1 working day.

(point 11.2 supplemented by No 532-N of 8 April 2021)

III. APPROVAL OF THE CERTIFICATE

12. In case the documents and/or information attached to the application are incomplete, the Authorised body shall, within 2 working days, notify the applicant thereof electronically. The applicant may replenish the documents within 2 working days after receiving the notification that the documents are incomplete.

(point 12 edited by No 532-N of 8 April 2021)

13. By the decision of the Authorised body, the approval of the Certificate shall be rejected, where:

(1) the documents submitted by a legal person or an individual entrepreneur are false;

(2) there is a contradiction between the actions planned for import and the national security interests of the Republic of Armenia, as well as the international obligations assumed by the Republic of Armenia;

(3) the applicant fails to eliminate the shortcomings in the application or the documents attached thereto or fails to submit the replenished documents within 2 working days after receiving the notification that the documents are incomplete.

(point 13 amended, supplemented by No 532-N of 8 April 2021)

13.1. The Authorised body shall, within 2 working days, adopt the decision on rejecting the approval of the Certificate.

(point 13.1 supplemented by No 532-N of 8 April 2021)

14. In case of absence of the grounds for rejection defined by point 13 of this Procedure, the submitted Certificates shall, pursuant to the decision of the Authorised body, be approved within 4 working days from the moment of submission to the Authorised body of all required documents and information provided for by points 10 and 10.1 of this Procedure, and one copy thereof shall be transferred to the applicant within 1 working day. The second copy shall be kept at the Authorised body.

(point 14 amended by No 532-N of 8 April 2021)

14.1. In case of rejecting the approval of the Certificate, the Authorised body shall notify the applicant electronically within 2 working days after adopting the decision on rejection, specifying the grounds for rejection.

(point 14.1 supplemented by No 532-N of 8 April 2021)

14.2. The Certificate shall be valid for a period of six months, and in case the period of validity of the contract is less than six months — for the period of validity of the contract.

(point 14.2 supplemented by No 532-N of 8 April 2021)

15. The Authorised body shall submit the information on approval of the Certificate to the State Revenue Committee adjunct to the Government of the Republic of Armenia within three working days.

(point 15 amended by No 532-N of 8 April 2021)

16. By approving the certificate, the Authorised body shall guarantee the fulfilment by a legal person or an individual entrepreneur of obligations assumed under the Certificate.

17. The decision of the Authorised body to reject the approval of the Certificate may be appealed against by the applicant through judicial procedure.

(Annex amended by No 668-N of 30 June 2016, supplemented, edited, amended by No 532-N of 8 April 2021)

PROCEDURE

FOR ISSUANCE OF IMPORT CERTIFICATE

I. GENERAL PROVISIONS

1. This Procedure shall define the procedure for issuance of the import certificate (hereinafter referred to as "Certificate").

2. This Procedure shall apply only to the products imported into the territory of the Republic of Armenia, the export whereof from the exporting country is subject to the legislation of the exporting country or the requirement for issuing the Certificate by the state administration body of the Republic of Armenia.

(point 2 supplemented by No 532-N of 8 April 2021)

3. Within the meaning of this Procedure, a Certificate shall be considered to be the document issued by the state administration body of the Republic of Armenia, which approves the importer's obligation to import the product specified in the Certificate in the declared quantity into the customs territory of the Republic of Armenia, and in case of failure to import into the Republic of Armenia — not to modify, transfer, re-export to other persons without the consent of the relevant state body having approved the Certificate.

4. This Procedure shall not restrict the right of legal persons and natural persons and individual entrepreneurs importing products into the territory of the Republic of Armenia to carry out the given import without the Certificate, where it is acceptable for the exporting country.

5. The Certificate shall be issued by the Ministry of Economy of the Republic of Armenia (hereinafter referred to as "Authorised body"), except for point 6 of this Procedure. The Certificate shall be a document for strict record-registration.

6. In case the state administration bodies of the Republic of Armenia import the products prescribed by point 2 of this Procedure into the Republic of Armenia for own needs, the Certificate shall be issued thereby.

II. SUBMITTING AN APPLICATION FOR ISSUANCE OF THE CERTIFICATE

7. For the purpose of receiving the Certificate, the importer legal person or individual entrepreneur registered or record-registered as prescribed by the legislation of the Republic of Armenia shall apply to the Authorised body, attaching the following information and documents:

(1) application, where for a legal person — the name, location and registered office, state registration number, e-mail address and telephone number of the legal person shall be specified, and for an individual entrepreneur — the name, surname, places of residence and registered office, state registration number, e-mail address and telephone number;

(2) name of the exporter, registered office and location;

(3) if the contract involves a third party other than the exporter and importer, the name and location thereof;

(4) technical description of the product;

(5) the copy of the import contract or other document certifying the transfer of products;

(6) a copy of the relevant expert opinion or other document of the authorised body authorising the import of the product into the Republic of Armenia, where the requirement for the availability of such an expert opinion or document for the import of the given product is defined by the legislation of the Republic of Armenia.

(point 7 supplemented, edited by No 532-N of 8 April 2021)

7.1. In case of expiration of the Certificate issued by the authorised body, the legal person or individual entrepreneur shall also submit to the Authorised body the below-mentioned attached to the application for issuing a new Certificate in case of failure to carry out the import of products specified in the given Certificate or availability of stock-on-hand:

(1) information provided by the State Revenue Committee of the Republic of Armenia on the quantities of products imported under the issued previously Certificate;

(2) information provided by the supplier organisation regarding the supply of products to be imported under the previously issued Certificate or the reasoning for failure to carry out the supply.

(point 7.1 supplemented by No 532-N of 8 April 2021)

8. The legal person or individual entrepreneur shall have the right to submit the application and the information and documents attached thereto, indicated in points 7 and 7.1 of this Procedure, to the Authorised body electronically to the email address “secretariat@mineconomy.am” or by post or personally. In case of applying electronically, it shall be necessary to submit the application under the procedure defined by the legislation of the Republic of Armenia, with an electronic digital signature.

(point 8 amended, supplemented by No 532-N of 8 April 2021)

8.1. Application submitted by a legal person or an individual entrepreneur for the purpose of rendering by the Authorised body a decision on the issuance of the Certificate and documents attached thereto may be submitted to other state body for delivering an opinion or other additional information. After receiving the request, the state body shall provide the required information to the Authorised body within 3 working days.

(point 8.1 supplemented by No 532-N of 8 April 2021)

8.2 In the case defined in point 8.1 of this Procedure, the process of consideration of the application shall be suspended by the Authorised body for 5 working days until the relevant opinion or information is received, whereon the applicant shall be informed electronically within 1 working day.

(point 8.2 supplemented by No 532-N of 8 April 2021)

III. ISSUANCE OF THE CERTIFICATE

9. In case the documents and/or information attached to the application are incomplete, the Authorised body shall, within 2 working days, notify the applicant thereof electronically. The applicant may replenish the documents within 2 working days after receiving the notification that the documents are incomplete.

(point 9 edited by No 532-N of 8 April 2021)

10. By the decision of the Authorised body, the issuance of the Certificate shall be rejected, where:

(1) the submitted documents are false;

(2) there is a contradiction between the actions planned for import and the national security interests of the Republic of Armenia, as well as the international obligations assumed by the Republic of Armenia;

(3) the applicant fails to eliminate the shortcomings in the application or the documents attached thereto, or fails to submit the replenished documents within 2 working days after receiving the notification that the documents are incomplete.

(point 10 amended, supplemented by No 532-N of 8 April 2021)

10.1. The Authorised body shall, within 2 working days, adopt the decision on rejecting the issuance of the Certificate .

(point 10.1 supplemented by No 532-N of 8 April 2021)

11. In case of absence of grounds for rejection provided for by point 10 of this Procedure, the Certificate shall — pursuant to the decision of the Authorised body in 4 working days upon submission to the Authorised body of all documents and information defined in points 7 and 7.1 of this Procedure — be issued within 1 working day .

(point 11 amended by No 532-N of 8 April 2021)

12. The Certificate shall be filled out, signed and sealed by the Authorised body in accordance with Form No 2 of Annex No 3 to Decision of the Government of the Republic of Armenia No 706-N of 31 May 2012. The Certificate may also be filled out in English.

13. The Certificate shall be drawn up in three copies. The first copy of the Certificates shall be issued to the applicant, the second copy — to the State Revenue Committee adjunct to the Government of the Republic of Armenia, the third copy shall be kept at the Authorised body.

(point 13 amended by No 532-N of 8 April 2021)

14. The Certificate shall be issued for a period of six months, and in case the period of validity of the contract is less than six months — for the period of validity of the contract.

(point 14 edited by No 532-N of 8 April 2021)

14.1. In case of rejecting the issuance of the Certificate, the Authorised body shall notify the applicant electronically within 2 working days after adopting the decision on rejection, specifying the grounds for rejection.

(point 14.1 supplemented by No 532-N of 8 April 2021)

15. The decision of the Authorised body on rejecting issuance of the Certificate may be appealed against by the applicant through judicial procedure.

(Annex supplemented, edited, amended by No 532-N of 8 April 2021)

Form No 1

(Form edited by No 532-N of 8 April 2021)

Form No 2

(Form edited by No 532-N of 8 April 2021)

(Annex edited by No 532-N of 8 April 2021)

Published on a joint site 06.06.2024.