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ATA Carnet

АТА carnet

Jointly administered by the World Customs Organization (WCO) and the International Chamber of Commerce through its World Chambers Federation, the ATA Carnet is an international customs document that permits the tax-free and duty-free temporary export and import of goods for up to one year. The Carnet eliminates the need to purchase temporary import bonds. So long as the goods are re-exported within the allotted time frame, no duties or taxes are due. Failure to re-export all or some of the goods listed on the Carnet results in the payment of applicable duties and taxes. Failure to remit those duties results in a claim from the foreign customs service to the importer's home country. The acronym ATA is a combination of French and English terms "Admission Temporaire/Temporary Admission.

Use of ATA carnet is beneficial as it facilitates trade, opens opportunities to seek and a foreign market, and delivers services and supports sports, scientific, educational, and cultural events.

ATA carnet – Customs clearance and control

In Mongolia, by the decree 145 of 12 June 2003 of the Cabinet, Mongolian Chamber of Commerce was appointed to grant ATA carnet and to provide guarantee and the Customs organizations is responsible for conducting control on goods with ATA carnet in accordance with the Customs law and Customs tariff and tax law.

Our country has acceded the Istanbul Convention on Temporary Admission on 5 December 2002 and has adopted the implementation of the following annexes.
Annex А (ANNEX CONCERNING TEMPORARY ADMISSION PAPERS, ATA CARNETS AND CPD CARNETS)
Annex В1 (ANNEX CONCERNING GOODS FOR DISPLAY OR USE AT EXHIBITIONS, FAIRS, MEETINGS OR SIMILAR EVENTS)
Annex В2 (ANNEX CONCERNING PROFESSIONAL EQUIPMENT)
Annex В3 (ANNEX CONCERNING CONTAINERS, PALLETS, PACKINGS, SAMPLES AND OTHER GOODS IMPORTED IN CONNECTION WITH A COMMERCIAL OPERATION)
Annex В5 (ANNEX CONCERNING GOODS IMPORTED FOR EDUCATIONAL, SCIENTIFIC OR CULTURAL PURPOSES)
Annex С (ANNEX CONCERNING MEANS OF TRANSPORT).

When Mongolia acceded to the convention, it was passed under the terms where postal items and goods in luggage that are under ATA carnet are not allowed to cross the customs border. The annex to the Cabinet decree specified 11 customs ports where goods listed in the Annexes A, B1, B2, and B5 shall cross the Mongolian border.

Customs organization documents the day of entry on the ATA carnet and specifies the timeframe the goods need to be re-exported. In the event the ATA carnet holder fails to re-export within the specified timeframe, the customs organization files complaints with the organization that provided guarantee and the applicable taxes and duties need to be paid. The complaint must be filed within a year from the time the ATA carnet expired. Therefore the documentation, registration, exchange of information and closing of marks on the ATA carnet are conducted with due diligence as to prevent potential evasion of tax. Customs organizations in most countries exchange information with the carnet granting organizations and monitors the dates of entry and re-export, using internal network.

As ATA carnet replaces the customs declaration, all necessary permits and documents required for non-tariff restriction purposes need to be lodged to customs.

Additionally the goods must not undergo any changes or be sold in the customs territory. In the event these changes occur, they need to be documented and customs declaration is filed and attached to the ATA carnet and the guarantor shall pay the applicable duties and taxes.

List of customs branches authorized to admit goods temporarily under Istanbul Convention

1.Selenge province, Altanbulag customs branch
2.Dornogovi province Zamiin-Uud customs house
3.Ulaanbaatar customs house
4.Darkhan-Uul province customs branch
5.Orkhon province customs branch
6.Khuvsgul province Khankh customs branch
7.Bayan-Ulgii province Tsagaannuur customs branch
8.Dornod province Ereentsav customs branch
9.Khovd province Bulgan customs branch (Only through Bulgan port)
10.Uvs province Borshoo customs branch
11.Buyant-Ukhaa customs house

Recommendations from the Customs Control and Clearance division.
Important notice for implementing "Law on Food" and "Law on Ensuring Food Products Safety"
The aim of the following recommendations is to ensure a common understanding and implementation of the laws on Food and Food Products Safety that entered force on 1 March 2013:

1. During the clearance of imported food stuffs and food products, the principle of beginning customs control and clearance procedure only after the state specialized inspection state officers completed their inspection must be complied with consistently.

2. Special attention needs to paid that the abovementioned laws are only relevant to the food products that are shipped after the 20 December 2012 or the day the laws entered force. However, the law will still apply to consignments shipped after the 20 December 2012, despite their agreement was made before the said date.

3. With regards to the provision 3.4 of the law on ensuring safety of food products, according to our discussions with the relevant division in the Industry and Agriculture Ministry, in terms of customs clearance purposes, the phrase "...foods prepared, processed and stored for personal use ..." means only food products for personal use of passengers. Although we have reached the above agreement with the Ministry, we believe it is best to discuss with the legislators to further clarify the phrase.

4. The direct meaning of the term "bottled water" specified in the provision 4.1.1 of the law on ensuring safety of food products is not equivalent to the term "potable water" specified in the law on food. Therefore, the "potable water" which is considered a strategic product does not apply to "bottled water."

5. The provision 3.1.1 of the Law on Food states only the food specified in the law needs to be imported by registered companies. The term "Food products" specified in the provision 4.1.1 of the law on ensuring food products safety does not include bottled water, all types of drinks, gums and food supplements and therefore these products may be imported by individuals and private persons.

6. In terms of international trade agreement, the traders need to understand that the agreement needs to be signed under the name of the company and not an individual. Even if the manager, director or any legal persons signed the agreement on behalf of the organization, the agreement is not deemed to be an agreement made with the company.

7. When importing food products, international trade agreement in force shall be required. Invoice alone is not sufficient for customs clearance of food products.

8. In the event of dispute, the following principles should be adhered to:

a. The provision of the law shall be understood in the direct meaning of the specified terms. The implications behind the terms may only be explained by relevant authority. Without such additional notes, the terms shall only be understood in the direct meaning. Especially when terms with similar meanings are differentiated in the law, it is essential the above principle is strictly complied. For instance, "food" and "food products" indicate different products just as the "bottled water" and "potable water" mean different things.
b. In the event there are provisions in the law that cannot be explained directly and may have more than one implications, it is appropriate to explain the provisions in a way more beneficial to the customers.

Directors and senior officers at the customs houses and branches shall take note on this matter and take responsibility of taking measures to reach a common understanding with the state officers from the State specialized inspection agency when operating at the ports.