mn GB

INTELLECTUAL PROPERTY RIGHTS

Customs administrations are in the frontline to enforce intellectual property rights at the borders. In order to effectively carry out their task, we need the active engagement of the right-holders themselves. The information provided by the right-holders enables customs to identify more easily goods suspected of infringing intellectual property rights (IPR) and take the necessary action.

As a right-holder, you can defend your rights by asking customs to detain goods found to be suspected of infringing IPR. In order to do so, you should lodge an application for registration and application for action with the competent customs department, Customs Control and Inspection Department of the Mongolian Customs General Administration, requesting them to take action

Interested right-holders must submit an official letter of request containing the following information along with the duly completed application forms to the Customs General Administration of Mongolia:

- Description of the goods protected under intellectual property rights;

- Detailed information regarding the right-holder (if the applicant is a legal entity: official name and address, type of organization; if the applicant is an individual: full name, address, citizenship, country of permanent residence etc.);

- If the application is being lodged through a proxy, full name and address of the signatory;

- Evidentiary documents proving the intellectual property right, name of the document, reference number, date of issue, brief description and effective date;

- List of goods to register for protection of the IPR (goods description, international category of services or HS codes of commodities).

Customs shall detain goods suspected of infringing intellectual property rights in the following cases:

- The right-holder or his/her proxy has filed an application in accordance with the preset application form in writing to the Customs General Administration;

- The Intellectual Property Rights Authority, other government agencies, customs organizations of foreign countries or relevant authorities have lodged an application for action to detain goods infringing intellectual property right in accordance with the preset application form;

- Customs organization, at its own will, may detain the goods if the goods are clearly infringing intellectual property right.

The decision to detain goods infringing IPR will be passed by the Director of Customs where the goods are declared and the Intellectual Property Rights Authority, the applicant and if necessary, the right –holder shall be notified within 7 working days by the Customs General Administration.

Application form for registering IPR with customs(in Mongolian only)

Application form for detaining IPR infringing goods(in Mongolian only)

CUSTOMS CENTRAL LABORATORY

Customs Central Laboratory was accredited by the Agency for Standardization and Metrology and launched its operation in 2003. We carry out tests and analysis on the following commodities:

-          Drugs and narcotics

-          All kinds of chemical substances

-          Alcoholic beverages

-          Tobacco, cigarettes

-          Petroleum products

-          Wool, cashmere, raw materials of animal origin

-          Fluorspar, crude minerals, ores and concentrates

-          Knitted or crocheted textiles, yarns

In an effort to facilitate trade and improve customs control without hindering the movement of goods and vehicles crossing the state border, we expanded our operations through the following branches that are capable of conducting analysis on crude oil, petroleum products, alcoholic beverages, chemicals, drugs and narcotics:

-          Branch laboratory at Zamiin-Uud Customs

-          Branch laboratory at Altanbulag of Selenge Customs

-          Branch laboratory at Tsagaannuur of Bayan-Ulgii Customs

-          Branch laboratory at Dornod Customs

-          Branch laboratory at Choir of Sainshand Customs

LIST OF GOODS REQUIRING LABORATORY ANALYSIS AND CORRESPONDING FEES

Service Fees

THE SERVICES RENDERED BY THE CUSTOMS AND THE RESPECTIVE COSTS AND FEES

 No.

Types of Fees for Services Rendered by the Customs and Costs of Customs Forms and Seals

Amount of Fees

1.

Fees for Customs Clearance:
-per Main Declaration Form 
-per additional Declaration Form

7000.00 ₮ 
1200.00 ₮

2.

Fees for On-the-spot Customs Examination at Temporary customs control zones at Request (hourly fees are added to the Fees for Customs Clearance):
- Fee per hour during Work Hours
- Fee per hour outside of Working Hours, on Weekends or Holidays

4000.00 ₮
8000.00 ₮

3.

Fees For Customs Clearance of Goods of Quantities Over Duty Free Allowances Carried by passengers and Taxable International Postal Items Addressed to individuals:

1200.00 ₮

4.

Fees for Customs Clearance of Goods Transported by Trucks:
-per Cargo Manifest (A1)

3000.00 ₮

5.

Fees For Storage of Goods in the Customs Bonded Warehouses (the Operators are obliged to pay such Fees in a fixed percentage of Total Value of the Goods Concerned):

0.1 %

6.

The Cost of the Customs Declaration Forms (the Main Form, the Additional Form and Annex) as well as the Cargo Manifest Form sold to the Customs Brokers:
-Per 1 set

1200.00 ₮

7.

For Export Customs Clearance of coal and mining sector mineral products

-Per ton

1500.00 ₮

9.

The Cost of the Customs Seals for Goods and Means of Transport Crossing the Customs Border:


1000.00 ₮

*Please refer to Customs Laboratory under Other Services for fees for test fees of Customs Central Laboratory

Trade Statistics

Mongolian Customs prepares foreign trade statistics report monthly, semi-annually and annually in accordance with the recommendations developed by the United Nations by country of origin for imported goods and by country of destination for exported goods.

The foreign trade statistics reports will comprise of the following annexes:

Annex 1 – Total trade turnover

Annex 2 – Total trade by country

Annex 3 – Export and import by HS sections

Annex 4 – Certain export commodities by commodity and by country

Annex 5 – Certain import commodities by commodity and by country

Annex 6 – Export by commodity and by country

Annex 7 – Import by commodity and by country

Annex 8 – Detailed report on export and import goods

Annex 9 – Certain aid and relief goods commodity and by country

Annex 10 – Certain goods supplied under loan capital commodity and by country

Annex 12 – Certain goods supplied under foreign investment commodity and by country

Annex 13 – Value and quantity index of export and import goods /as compared with previous year, in percentage/

You may obtain these foreign trade statistics reports from the links provided below free of charge:

Latest monthly trade statistics

For printed version of the foreign trade statistics reports, the following charges shall apply:

No.

Service fees

Unit of Measurement

Fee

/in MNT/

1

Customs clearance data of goods and vehicles crossing the customs border: 
-monthly reports
-semi-annual and annual reports



per report
per report



5000
10000

2

Statistical information from the database

per A4 size page

5000

3

Specific inquiries

per A4 size page

5000

Duty Exemptions and Relief

PROVISIONS OF LAWS EXEMPTING GOODS FROM IMPORT DUTIES AND TAXES

Provisions in the

Law on Customs Tariff and Taxes

Provisions in the

Law on Value Added Tax

Provisions in the

Law on Excise Duty

Provisions in the

Cabinet Decree

1.

38.1.2. goods of humanitarian or irrevocable assistance;

13.1.3 goods of humanitarian aid, grants or soft term loans obtained from foreign governments, non-government organization or international or charity organizations;

-

-

2.

38.1.3. currencies, Mongolian national bank-notes ordered and produced abroad;

13.1.10. Mongolian national bank-notes ordered and produced abroad;

-

-

3.

38.1.4. Travelers’ personal effects;

13.1.1. travelers’ personal effects or tax free allowances adopted by the Customs administration;

7.1.4. alcoholic beverages and tobacco in quantities allowed free of duties by the Customs for traveler’s personal use

-

4.

38.1.1 special purpose equipment for use by people with disabilities and artificial body parts, their component parts;

13.1.4.special purpose devices, equipment or vehicle for use by people with disabilities;

-

-

5.

38.1.12 special purpose vehicles, equipped with tracks, platform or lift for mounting disabled people on (or confined to) wheelchair or for drive only by people with disabilities or modified only for self-moving or manual control or manufactured with all the same installations (devices) or modifications as above, once per person;

13.3. The provisions specified in 13.1.4 of this law does not apply to purchasing vehicles other than special purpose vehicles.

   

6.

38.1.5. blood, blood-products, tissues and organs for medical use;

13.1.8. blood, blood-products, tissues or organs for medical use;

-

 

7.

38.1.7. imported logs, beam wood, lengthwise sawn wood and seeds, roots or slips of woods or cluster other than prohibited;

-

-

 

8.

38.1.9. civil passenger air-craft or its spare parts;

13.1.6. civil passenger air-craft or its spare parts;

-

 
 

38.1.8 machinery and equipment, materials, raw items, spare parts, auto fuels or diesel oils imported for use in oil exploration, mining, extraction or exploitation to be carried out under product-sharing contract concluded with the Government in oil sector;

13.1.9. machinery and equipment, materials, raw items, spare parts, auto fuels or diesel oils imported for use in oil exploration, mining, extraction or exploitation to be carried out under product-sharing contract concluded with the Government in oil sector;

-

 

9.

38.1.10. imported goods for official use by foreign diplomatic agency or consular office, the United Nation Organization or its specialized organs;

13.1.2. imported goods for official use by foreign diplomatic agency or consular office, the United Nation Organization or its specialized organs, resided or domiciled permanently in territory of Mongolia;

-

 

10.

38.1.11 articles for personal use, necessary for establishment in the receiving State, of head of foreign diplomatic mission, members of diplomatic staff, of administrative and technical staff and of service staff of such diplomatic mission or members of their families;

-

-

 

11.

38.1.15 international postal items of a value no more than 10 times the monthly minimum wage and not containing more than two identical goods sent to an individual.

13.1.24 international postal items of a value no more than 10 times the monthly minimum wage and not containing more than two identical goods sent to an individual.

-

 

12.

38.1.16 special purpose machinery, appliances, machinery, fittings, raw materials, chemicals, explosives and parts thereof imported by contractors and subcontractors for the duration of the prospecting activities and the first five years of mining of crude oil and operations related to non-traditional crude oil;

13.1.25 special purpose machinery, appliances, machinery, fittings, raw materials, chemicals, explosives and parts thereof imported by contractors and subcontractors for the duration of the prospecting activities and the first five years of mining of crude oil and operations related to non-traditional crude oil;

-

 

13.

38.1.17 report materials, samples and crude oil related to crude oil and non-traditional crude oil

13.1.26 report materials, samples and crude oil related to crude oil and non-traditional crude oil

-

 

14.

-

13.1.5. weapons or special purpose devices or equipment imported for use by the military forces, police office, national security agency or court marshals;

-

 

15.

38.1.6. gas fuel, its containers, equipment, special use machines, machinery and appliances or accessories;

13.1.9. gas fuel, its containers, equipment, special use machines, machinery and appliances or accessories;

-

Cabinet decree no.503 of 21 December 2015

16.

38.1.18 Research and development and production equipment for renewable energy and parts thereof.

13.1.28 Research and development and production equipment for renewable energy and parts thereof.

-

Cabinet decree no.198 of 4 April 2016

17.

In accordance with the Law of 18 March 2005:
Spare parts, raw materials, textiles, fabrics or cloths (including yarns) and accessories imported for production of textile (knitted or woven) goods;

 

-

 

18.

In accordance with the law of 7 June 2013 and Cabinet decree no. 230 of 22 June 2013: Oriented strand board (OSB) and wooden building ready to be assembled pre-fabricated in accordance with standards.  Effective until 31 December 2017.

In accordance with the law of 7 June 2013 and Cabinet decree no. 230 of 22 June 2013: Oriented strand board (OSB), wood in logs, sliced wood and wooden building ready to be assembled pre-fabricated in accordance with standards.  Effective until 31 December 2017.

 

Annex 2 and 3 of the Cabinet decree no.230 of 22 June 2013

19.

-

In accordance with the Law of 05 February 2016 and Cabinet decree 197 of 4 April 2016: Imported new (not used) tractors, combine harvesters and other machinery for agricultural use, flour milling equipment, irrigation equipment, fertilizers and plant protection (phytosanitary) substances (pesticides), Imported new (not used) tractors, combine harvesters and other machinery for agricultural use, flour milling equipment, irrigation equipment, fertilizers and plant protection (phytosanitary) substances (pesticides). This law will be effective until 31 December 2020.

-

Annex 2 of the Cabinet decree no.197 of 4 April 2016

20.

By the Law of 2 February 2017 and the Cabinet decree 191:
Equipment and spare parts imported for use by the small and medium size enterprises, until 31 December 2018;

-

 

Cabinet decree no.168 of 14 June 2017

21.

By the Law of 30 October 2009
Diagnostic kits medicines, medical devices, equipment and sterilization or disinfection substances, imported for use in diagnoses and treatments of influenza A (H1N1) virus (a subtype of Influenza A virus) infections, according to the list adopted by the Cabinet Decree No. 335 of 4 November 2009;

By the Law of 30 October 2009
Diagnostic kits medicines, medical devices, equipment and sterilization or disinfection substances, imported for use in diagnoses and treatments of influenza A (H1N1) virus (a subtype of Influenza A virus) infections, according to the list adopted by the Cabinet Decree No. 335 of 4 November 2009;

 

Cabinet Decree No. 335 of 4 November 2009

22.

In accordance with the law of 30 November 2017 and Cabinet decree no. 335 of 8 December 2017: animal feed, hay, and up to 10 thousand tons of planting wheat. Effective until 30 June 2018. 

In accordance with the law of 30 November 2017 and Cabinet decree no. 335 of 8 December 2017: animal feed, hay, and up to 10 thousand tons of planting wheat. Effective until 30 June 2018. 

 

Cabinet decree no. 335 of 8 December 2017

23.

38.1.13 other goods as stipulated in law or international treaty;

     

24.

Goods exempted from the duties and taxes under the international treaties of Mongolia