Implementation of the process of the state approval of the end-user certificate and provision of import certificate

The RA Government Decree No.706-N dated May 31, 2012, Clause 1 approved the  procedure for the state approval of the end-user certificate (Appendix 1), the procedure for issuing the import certificate (Appendix 2), the templates of the end-user's and import certificates.

The provisions of the procedure for the state approval of the end-user certificate apply to the imported to the territory of the Republic of Armenia goods, whose exportation from the exporting country is conditioned by the necessity of the authorized entity of the exporting country to issue a certificate with the approval of a public administration body of the Republic of Armenia.

The state approval of the end-user certificate is carried out by the Ministry of Economy of the Republic of Armenia, except for the cases when the goods defined by Clause 2 of the procedure are imported to the Republic of Armenia by the state institutions of the Republic of Armenia for their own needs, whereby the certificates are approved by the said state institutions.

The certificate approved by the state authorized entity of the Republic of Armenia is a document subject to strict registration.

The certificate is completed in two copies by the legal entity or private entrepreneur. All copies are signed by the head of the legal entity, or the person authorized by him, or the private entrepreneur, and sealed in the event of the seal’s availability, thus assuming the obligations defined by the certificate.

The certificate shall be completed in compliance with Form 1 of Annex 3 of the RA Government Decree No.706-N dated May 31, 2012. The certificate can be completed in English as well.

In case of additional requirements to the content of the certificate by the exporting country, relevant additions may be made to Form 1 of Annex 3 of the RA Government Decree No.706-N dated May 31, 2012.

In order to have the certificate, which is completed and verified by a legal entity or private entrepreneur, to be approved by the authorized entity, the legal entity or private entrepreneur shall submit an application to the authorized entity accompanied by the following information and documents:

1)      An application, where the legal entity provides details on the name of the legal entity, the places of its location and business operation, whereas the private entrepreneur provides details on the name and surname of the private entrepreneur, the places of residence and business operation,

2)      The name of the exporting entity, the country, and location,

3)      The name and location of the importing company, or the name and surname and places of residence and business operation of a private entrepreneur, if the applicant doesn’t realize the activity of importation,

4)      The technical specification of the to-be-imported goods,

5)      The certificates that are completed and verified in compliance with the requirements of Clause 7 of the RA Government Decree No.706-N of May 31, 2012,

6)      A copy of the importation contract or any other document certifying the transfer of the to-be-imported goods,

7)      A copy of the conclusion of a relevant authorized entity of the Republic of Armenia authorizing the importation of goods to the Republic of Armenia or any other document, if the requirement for presence of such a conclusion or document for importation of the given product is defined by the legislation of the Republic of Armenia,

8)      The place of installation and (or) use of the product,

9)      The purpose of the final use of the product.

The legal entity and private entrepreneur have the right to submit the application and its attached information and documents to the authorized entity also in an electronic manner.

In the event the documents and (or) information attached to the application are incomplete, the authorized entity shall notify the applicant within two working days.

The authorized entity shall refuse to approve the certificate, if:

1)      the documents submitted by the legal entity or private entrepreneur are false,

2)      there is a contradiction between the activities envisaged for importation and the national security interests of the Republic of Armenia, as well as the international obligations undertaken by the Republic of Armenia.

In the absence of grounds for refusal, the authorized entity, within three working days from the moment of submission of all the necessary envisaged documents and information to the authorized entity, shall approve one copy of the submitted certificates and provide it to the applicant. The second copy of the certificates submitted by the applicant shall be kept by the authorized entity.

The information on approval of the certificate shall be submitted by the authorized entity within three working days to the State Revenue Committee under the Government of the Republic of Armenia.

By approving the certificate, the authorized entity guarantees the fulfillment of the obligations of the legal entity or private entrepreneur assumed by the certificate.

The decision of the authorized entity to refuse the approval of the certificate may be appealed by the applicant in court.

The provisions of the procedure for issuing an importation certificate apply only to the imported to the territory of the Republic of Armenia goods, whose exportation from the exporting country is conditioned by the requirement of a public administration body of the Republic of Armenia to issue a certificate.

An importation certificate is a document issued by a public administration body of the Republic of Armenia, which confirms the importing entity’s obligation to import the declared quantity of the goods specified in the certificate to the customs territory of the Republic of Armenia, whereas in the event of non-importation to the Republic of Armenia the importing entity shall not modify, transfer, re-export to other parties without the consent of the relevant state body approving the certificate.

The certificate is provided by the Ministry of Economy of the Republic of Armenia. The certificate is a document subject to strict registration.

In the event the goods defined by Clause 2 of Annex 2 are imported to the Republic of Armenia by the state institutions of the Republic of Armenia for their own needs, the certificates are approved by the said state institutions.

In order to receive a certificate, the legal entity or private entrepreneur shall submit an application to the authorized entity by attaching the following information and documents:

1)      An application, where the legal entity provides details on the name of the legal entity, the places of its location and business operation, whereas the private entrepreneur provides details on the name and surname of the private entrepreneur, the places of residence and business operation,

2)      The name (title) of the exporting entity, the places of its location and business operation,

3)      The name and location of a third party, if such party is engaged in a contract along with the exporting and importing entities,

4)      The technical specification of the product,

5)      A copy of the importation contract or other document certifying the transfer of goods,

6)      A copy of the relevant conclusion of the authorized entity authorizing the importation of goods to the Republic of Armenia or any other document, if the requirement for presence of such a conclusion or document for importation of the given product is defined by the legislation of the Republic of Armenia,

The legal entity or private entrepreneur have the right to submit the application and its attached information and documents to the authorized entity also in an electronic manner.

In the event the documents and (or) information attached to the application are incomplete, the authorized entity within two working days shall notify the applicant.

The authorized entity shall refuse to approve the certificate, if:

1)      the submitted documents are false,

2)      there is a contradiction between the activities envisaged for importation and the national security interests of the Republic of Armenia, as well as the international obligations undertaken by the Republic of Armenia.

In the absence of grounds for refusal, the authorized entity, within three working days from the moment of submission to the authorized entity of all documents and information envisaged by Clause 7 of Annex 2, shall provide the certificate.

The certificate is completed, signed, and sealed by the authorized entity in compliance with Form 2 of Annex 3 of the RA Government Decree No.706-N dated May 31, 2012. The certificate can be completed in English as well.

The certificate is completed in three copies. The first copy of the certificate is provided to the applicant, the second copy goes to the State Revenue Committee under the Government of the Republic of Armenia, and the third copy is kept by the authorized entity.

The certificate is provided for a term of six months.

The decision of the authorized entity to refuse the approval of the certificate may be appealed by the applicant in court.

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