Translation from Lithuanian

Translation from Lithuanian Translation from Lithuanian GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 783 On Import and Export Terminals (Warehouses for Temporary Storage of Goods) Vilnius, 7 June 1995 The Government of the Republic of Lithuania r e s o l v e s:

1. To approve the below: 1.
2. The order of setting up import and export terminals (warehouses for temporary storage of goods); 1.
3. The rules of import and export terminals (warehouses for temporary storage of goods);
4. To establish that import and export terminals (warehouses for temporary storage of goods) shall be set in international airports, railway stations, Klaipëda State Sea Port and international post offices, and if economically beneficial in other places of the customs territory of the Republic of Lithuania .
5. Partly amending the Rules of Customs Warehouses, approved by Resolution No. 692 by the Government of the Republic of Lithuania of August 4 1994 "On the Approval of the Order of Setting up Customs Warehouses and on the Rules of Customs Warehouses Operation"( Records, No.61-1210, No. 79-1493, No. 81-1528, No. 90-1748 1994; No. 31-730 1995): 3.
6. delete the words in Point 1.1 "prepare them for transportation (using the customs warehouse as an import and export terminal); 3.
7. delete the sentence in Point 4 "Another executor of the customs storage procedure can be appointed when the matter is coordinated with the Customs Office; 3.
8. recognize the third paragraph of Point 6 as invalid; 3.
9. outline Point 9.1 as follows: "9.
10. for goods stored in import and export terminals (warehouses for temporary storage of goods)"; 3.
11. outline the first paragraph of Point 14 as follows: "
12. The executor of the customs storage procedure may take all the goods (or part of the goods) from the customs warehouse and export, import them as well as apply other customs procedures to them in compliance with the provisions applicable in each case and all the compulsory formalities. The transfer of goods from one warehouse to another is prohibited, except when the permit to set up the customs warehouse is invalidated."
13. Partly amending the order of the customs transit procedure, approved by Resolution No. 170 of February 2 1995 of the Government of the Republic of Lithuania "On the Approval of the Order of the Execution of Customs Transit Procedure" (Records, No.12-290, No. 35-871 1995) outline Point 16 as follows: "
14. The goods transported under the customs transit procedure can be transshipped (consignments can be completed or discomposed) in import and export terminals (warehouses for temporary storage of goods) in compliance with the order set by the Government of the Republic of Lithuania. While reloading the goods from one vehicle to another operations necessary for the facilitation of transportation (re-packaging, marking, arranging) can be carried out with the permission of the Customs .
15. To obligate the Ministry of Transportation to set up the Terminal Supervision Commission under the Ministry of Transportation. The posts of the Commission shall be approved by the Government of the Republic of Lithuania. The Regulations of the Activities of the Terminal Supervision Commission shall be approved by the Order of the Minister of Transportation by August 1
16. The above mentioned Commission shall include the representatives of the Ministry of Economics, Ministry of the Interior, Ministry of Transportation, Ministry of Agriculture, Customs Department under the Ministry of Finance, Lithuanian National Road Carriers Association LINAVA, Lithuanian National Forwarders Association LINEKA, Lithuanian Industrialists Confederation, Customs Clearance Association and Lithuanian Entrepreneurs Association.
17. To establish that import and export terminals (warehouses for temporary storage of goods) shall start their activities in October 1
19. This Resolution comes into force in July 1 1995, except Point 4, which comes into force in October 1
20. Prime Minister Adolfas Ðleþevièius Minister of Finance Reinoldijus Ðarkinas APPROVED by Resolution No. 783 of June 7 1995 of the Government of the Republic of Lithuania The Order of Setting up Import and Export Terminals (Warehouses for Temporary Storage of Goods)
21. This Order regulates the setting up of import and export terminals (warehouses for temporary storage of goods) (hereinafter, terminals) in the Customs territory of the Republic of Lithuania.
22. Terminals may be set up by the legal persons registered in the Republic of Lithuania and economic entities not enjoying the status of legal persons (hereinafter, persons), the formed and registered capital which is not smaller than 1 million Litas).
23. Terminals shall be set up in a separate, guarded and locked building. The site of the terminal shall be used for this purpose exclusively, shall be separated, fenced in, guarded and locked.
24. The persons who wish to set up a terminal shall submit the following documents to the Customs Department under the Ministry of Finance (hereinafter, Customs Department): 4.
25. application to the Director of the Customs Department. The application shall contain the address, telephone number of the company that is willing to set up a terminal, the aim of setting up a terminal (feasibility of the terminal - the projected flows of goods to be stored and reloaded and the kinds of vehicles to be serviced, the conditions of maintaining the terminal, etc.), the address of the future terminal, the goods projected for storage (reloading) and the services to be rendered. The application shall also contain the information whether a telephone, a telefax or any other means of communication as well as computers can be installed, whether goods can be loaded and weighed, vehicles guarded, and other terminal services provided (arrange goods, pay taxes at a bank cash desk at the terminal, provide customs clearance services, create conditions for the officers of public institutions concerned with goods quality control, etc.) in the premises (site) of the terminal , the short description of the existing and projected infrastructure of the terminal, loading and weighing equipment, storage conditions as well as the commitment to provide the Customs officers with the necessary premises and working conditions; 4.
26. registration certificate (its copy confirmed by the Notary Public); 4.
27. the layout of the premises of the intended terminal (site), which shall show separate sections intended for the storage of goods being imported, exported and transported in transit, the scheme of roads leading to the terminal and the confirmed copy of the inventory file of the premises of the terminal (site); 4.
28. the document, the proof of the property rights to the premises (site) of the terminal or the rent contract; 4.
29. the conclusion of the Customs covering the territory where the intended terminal is located, whether the premises (site) of the terminal , its location and roads leading to it suit a terminal, whether the conditions are suitable for the intended services, whether the terminal is profitable and whether the needed terminal services can be supplied and whether the person, who wishes to set up the terminal, carries out his commitments to the Customs; 4.
30. the certificate of the State Tax Inspectorate of the city (region), where the person is registered, about the formed and registered capital as well as the certificate on taxes paid and the absence of indebtedness; 4.
31. the certificates of governmental institutions to store the goods intended for storage (reloading).
32. The Customs Department processees the application within one month from the day of its submission and presents its conclusions to the Terminal Supervision Commission.
33. The Terminal Supervision Commission, in respect of goods intended for storage and reloading and their quantity, sets the size of the security for the temporary storage of goods. The security shall not be lower than 20 per cent of the duties and taxes set for the goods temporarily stored (intended for storage). The Terminal Supervision Commission having set the size of the security on the basis of the conclusion of the Customs Department submits the proposal to the Government of the Republic of Lithuania as to the setting up of the terminal.
34. The terminal shall be set up only after the Government of the Republic of Lithuania adopts the resolution upon the presentation of the conclusion of the Terminal Supervision Commission to set up the terminal.
35. After the founder of the terminal pays the stamp tax of the fixed size and after the security of the fixed size is deposited (a long-term bank surety or a letter of security issued by an insurance company) the Director of the Customs Department issues the Certificate of the Setting up of the Terminal (the form of the certificate is attached) on the basis of the Resolution of the Government of the Republic of Lithuania to allow to set up the terminal .
36. The size of the security covered by Point 6 may be changed upon the decision of the Terminal Supervision Commission made on the basis of the accounting data of the activities of the terminal (kinds and quantities of stored and reloaded goods). The list of stored (reloaded) goods and the list of rendered services may be changed. The Director of the Customs Department issues a new Certificate of the Setting up of the Terminal on the basis of the decision of the Terminal Supervision Commission on the change of the size of the security, the change of the list of the goods allowed to be stored (reloaded) and the change of the list of services allowed to rendered and after the founder of the terminal submits the security of the changed size.
37. In case the manager of the terminal does not comply with the Law on Customs of the Republic of Lithuania, the Rules of Import and Export Terminal (Warehouse for Temporary Storage of Goods), the other legal acts regulating the activities of the terminal, the Customs Department shall have the right to submit documents needed for the suspension or the termination of the activities of the terminal to the Terminal Supervision Commission. The activities of the terminal are suspended or terminated when the Government of the Republic of Lithuania adopts the resolution to suspend or to terminate the activities of the terminal on the proposal of the Terminal Supervision Commission. Then the validity of the Certificate of the Setting up of the Terminal is suspended or invalidated on the order of the Director of the Customs Department. The manager (owner) of the terminal shall be informed about the suspension or termination of the activities of the terminal in written form. The activities of the terminal shall be terminated within a month after the resolution of the Government of the Republic of Lithuania on the termination of the activities of the terminal is adopted.
38. The manager (owner) of the terminal can apply to the Customs Department for the termination of the activities of the terminal. The Customs Department shall inform the Terminal Supervision Commission about this. The activities of the terminal shall be terminated when the Government of the Republic of Lithuania adopts the resolution on the termination of the terminal on the proposal of the Terminal Supervision Commission on the request of the manager (owner) of the terminal.
39. The Customs shall not be responsible for the losses incurred by the persons who do not comply with the provisions of the Order. The persons who do not agree with the decisions of the Customs made under this Order have the right to complain as laid down by the Laws of the Republic of Lithuania. ________________________ On the Order of Setting Up Import and Export Terminals (Warehouses for Temporary Storage of Goods) attachment Customs Department under the Ministry of Finance of the Republic of Lithuania CERTIFICATE OF THE SETTING UP OF THE TERMINAL No.___ Under Resolution No.___ of ___________ ___ 199__ of the Government of the Republic of Lithuania ________________________________________________________ (the Resolution) ___________________________________________________________________________ (name, address of an economic entity) ___________________________________________________________________________ registered in ___________ ___ 199__ registration No._________ in the Register of the Enterprises of the Republic of Lithuania, current account No._____________________, name and address of the bank office____________________________________________ ___________________________________________________________________________ has the right to set up an import/export terminal (warehouse for temporary storage of goods), the address of which is_______________________________________________________, ___________________________________________________________________________ the area of its premises (site) is_____________________,which is covered by the Customs___________________________________________________________________, for the storage (reloading) of the following goods:________________________________ ___________________________________________________________________________ ___________________________________________________________________________ and for rendering the following services:_________________________________________ ___________________________________________________________________________ ___________________________________________________________________________. Security:___________________________________________________________________. (number and size of the submitted security) Director (Signature) (Initials, last name) 199___ ___________ ___ ____________________________ APPROVED by Resolution No. 783 of 7 June 1995 of the Government of the Republic of Lithuania The Rules of Import and Export Terminals (Warehouses for Temporary Storage of Goods)
40. These Rules regulate the activities of import and export terminals (warehouses) and the order of temporary storage of goods. The terms used in the Rules shall have the following meaning: 1.
41. "terminal" - the premises (site) set by the Customs where, under the surveillance of the Customs, imported, exported and transit goods are stored, reloaded, supervised and managed so as to ensure their conditions do not change before Customs declarations are submitted and where their examination is conducted. All the legal and economic persons registered in Lithuania or abroad, the persons not enjoying the status of legal persons (hereinafter, persons) enjoying the right to possess and transport goods, can keep imported, exported and transit goods in the terminal; 1.
42. "temporary storage of goods" - storage (reloading) of goods under the surveillance of the Customs in the premises (site) set by the Customs before a customs declaration is submitted. While goods are being stored, upon the agreement with the Customs, the usual operations of surveillance and management of goods stored in the terminal which don't change their shape and which are needed to preserve their condition can be carried out, goods are examined and prepared for transportation; 1.
43. "import and export duties and taxes" - all duties and other taxes (excise tax, value added tax), collected (paid) for imported or exported goods or concerned with the import and export of goods, except levies for rendered services; 1.
44. "Customs surveillance" - the aggregate of measures applied by the Customs in order to implement the laws and regulations of the Republic of Lithuania, the implementation of which is the responsibility of the Customs; 1.
45. "goods in free circulation" - goods which are possessed without applying the measures of Customs surveillance.
46. Terminals can be set up by the persons, who are allowed to do so under the Resolution of the Government and who hold the Certificate of the Setting up of the Terminal issued by the Director of the Customs Department under the Ministry of Finance (hereinafter, the Customs Department).
47. The manager (owner) of the terminal is responsible for the storage of goods in the terminal under the laws and regulations of the Republic of Lithuania as well as under the provisions of the Rules.
48. All exported, imported goods and goods in transit can be stored in the terminal except the goods covered by the prohibitions and restrictions set on the basis of security, health, hygiene, veterinary medicine and phytosanitary requirements as well as related to the protection of patents, trade marks and copy rights, irrespective of the quantity of goods, the country where they are extracted and produced as well as the country where the goods come from and where they are destined to. Dangerous goods, goods that can affect other goods and goods that require special conditions for storage shall be stored only in the terminals specially equipped to do so. The goods that can be stored in the terminal shall be listed in the Certificate of the Setting up of the Terminal.
49. The goods let into and out of the terminal and reloaded in the terminal shall be submitted for Customs examination. The storage (reloading) of goods in the terminal shall be documented in the order set by the Customs Department. Goods shall be accepted for temporary storage in the below cases: 5.
50. when transportation documents (CMR invoice, CARNET TIR book, SMGS, CIM invoices, bill of lading, air transport bill of lading or others) and a general declaration in cases set by the Customs shall be submitted for Customs examination; 5.
51. when having undergone the Customs transit procedure in the established order goods were transported in transit across the Customs territory of the Republic of Lithuania . The officer responsible for the Customs transit procedure or the person enjoying the right to possess or transport goods shall submit the documents listed in Point 5.1, a customs declaration and the other documents required by the Customs in order to register the Customs transit procedure.
52. Temporary storage of goods shall not exceed one month, except the goods stored in the terminals situated in the territory of the Klaipëda State Sea Port, where they can be stored until the vessel cargo is completed (discomposed) and in the terminals in railways where they can be stored until a railway carriage cargo is completed, but the period shall not exceed 3 months. Alcoholic beverages, ethyl alcohol included, (codes according to the Combined Nomenclature of the European Economic Community - 22.03-22.08), tobacco codes according to the Combined Nomenclature of European Economic Community - 24.02-24.03), sugar (codes according to the Combined Nomenclature of the European Economic Community - 17.01, 1702.30, 1702.90) in transit can be stored the terminal for the period not exceeding 10 days. The period shall not be extended at the terminal.
53. Security is required for temporarily stored goods. Its size is set by the Terminal Supervision Commission while the terminal is being set up. The size of the security can be changed upon the decision of the above mentioned Commission, which is adopted in respect of the accounting data of the activities of the terminal (the kinds and quantities of temporarily stored goods). The security shall not be smaller than 20 per cent of the amount of the customs duties and taxes set for the goods temporary stored (intended for storage) in the terminal.
54. Goods in free circulation in the Customs territory of the Republic of Lithuania (including goods imported for domestic use), goods that are stored under the Customs procedure, except the goods stored in the established order after the Customs transit procedure has been completed shall not be stored in the terminal. Exported, imported goods and goods in transit shall be stored in separate sections of the terminal pointed out in the scheme of the premises (site) of the terminal.
55. Usual management operations allowed to be performed in the terminal imply no change in the shape of the goods and the necessity of preserving their condition, namely: improve the packaging of goods, prepare them for transportation (unload, pack, grade, rearrange and repack) and terminal services (weigh, measure, examine, evaluate).
56. The services that can be provided in the terminal are listed in the Certificate of the Setting up of the Terminal. In order to provide additional terminal services and to expand the range of goods allowed for storage another Certificate of the Setting up of the Terminal is issued by the Director of the Customs Department on the decision of the Terminal Supervision Commission.
57. The person enjoying the right to possess the goods stored in the terminal or transport them is allowed to: 11.
58. examine goods; 11.
59. weigh, measure and (or) count goods; 11.3 complete (decompose) cargoes, in preparation for further transportation; 11.
60. take samples, when necessary, in the established order by declaring them and submitting them for the Customs registration; 11.
61. carry out operations necessary to preserve the goods' condition.
62. The premises (site) of the terminal should be suitable for the storage and reloading of the goods covered in the Certificate of Setting up the Terminal. The manager (owner) of the terminal shall ensure that the terminal is equipped with the necessary machines and security. The problems concerning the management, construction and design of the terminal, security, reloading and examination of goods by the Customs, taking inventories and accounting shall be resolved by the manager (owner) of the terminal in coordination with the Customs (the contract the form of which is fixed by the Customs Department shall be concluded). In order to expand and rearrange the premises (site) of the terminal the decision of the Customs Department shall be obtained (another Certificate of the setting up of the Terminal shall be issued).
63. The person enjoying the right to possess or to transport goods and the manager (owner) of the terminal shall conclude the contract, the form of which shall be approved by the Customs Department, on the storage of goods in the terminal in the order established by the laws and regulations of the Republic of Lithuania.
64. Imported goods shall be supplied for domestic consumption or submitted for the procedures of temporary import, temporary import with the aim of processing and customs storage, exported goods and transit goods shall be exported from the Customs territory of the Republic of Lithuania or submitted for the customs transit procedure in compliance with the terms established for each case as well as all the formalities before the time of the storage of goods in the terminal expires.
65. The person who takes the goods from the terminal shall submit to the customs the documents confirming that he has the right to possess or transport goods and that he represents the person who has the said right. The goods taken from the terminal in the established order shall be submitted for customs examination.
66. The receiver of the goods temporary stored in the terminal can be substituted only upon the presentation, to the Customs, of the documents confirming that this change is necessary (the receiver refuses to accept the goods, the sender points out the necessity for the goods to be sent to the other receiver, the change in the state of the goods or conditions of transportation , etc.).
67. When the Government of the Republic of Lithuania adopts the resolution on the termination of the activities of the terminal the goods shall be taken away from the terminal within a month after the resolution was passed.
68. When goods temporarily stored in the terminal are imported for domestic use and got spoilt or were damaged due to an accident or force majeure they shall be liable to the import duties and other taxes applied to such goods (that got spoilt or were damaged).
69. When the person enjoying the right to possess or transport goods proves to the Customs that the goods stored in the terminal are destroyed or totally lost due to an accident or force majeure such goods are exempt of import duties and other taxes.
70. The person who has the right to possess or transport goods can reject all or part of the goods stored in the terminal in favour of the state or destroy them under the surveillance of the Customs. The goods shall be destroyed at the stated person's or another interested person's expense.
71. The waste and scrap left after the goods are destroyed shall be liable to import duties or other taxes set for the import of such waste and scrap.
72. The import duties and other taxes levied on the goods imported for domestic use and stored in the terminal shall be calculated according to the tariffs of customs duties and taxes valid on the day when the import declaration of these goods was submitted. The expenses of temporary storage, loading and management of goods in the terminal shall not be included into the customs value of the goods taken from the terminal.
73. The manager (owner) of the terminal shall pay import duties and other taxes for the goods not taken from the terminal during the time set for the temporary storage of goods in the terminal. Unless import duties and other taxes are paid within the set period of time fines and penalties for late payment laid down in the laws and regulations of the Republic of Lithuania shall be applied.
74. The Customs shall have the right to: 24.
75. set the requirements for the construction and design of the terminal as well as for the security of the goods stored there, the order of the customs examination and the job of the Customs officer; 24.
76. prohibit the acceptance into, reloading in and letting the goods out of the terminal unless the established requirements for acceptance, reloading and letting are met; 24.
77. demand that the terminal be locked with two locks (one of the locks being that of the Customs); 24.
78. additionally seal the terminal with the Customs seal; 24.
79. constantly watch the premises (site) of the terminal; 24.
80. manage the accounting of goods stored in the terminal and set the requirements for the accounting of goods that the manager (owner) of the terminal shall meet; 24.
81. take an inventory of goods stored in the terminal; 24.
82. unless the manager (owner) of the terminal complies with the laws and regulations of the Republic of Lithuania and the provisions of these Rules the Customs Department shall be submitted the proposal to suspend and terminate the activities of the terminal; 24.
83. supervise the implementation of the activities of the terminal as established by the laws and regulations of the Republic of Lithuania.
84. The manager (owner) of the terminal manages and is responsible for the economic activities of the terminal as established by the laws and regulations of the Republic of Lithuania.
85. The manager (owner) of the terminal shall be responsible for the loss and damage of the goods as established by the laws and regulations of the Republic of Lithuania. The manager (owner) of the terminal shall pay import duties and other taxes for the goods lost because of his fault.
86. The manager (owner) of the terminal shall set the terminal working hours in coordination with the Customs which cover the area where the terminal is located.
87. In case goods are intended to be brought to or taken out of the terminal during non-working hours of the terminal the manager (owner) of the terminal shall let the Customs, which cover the area where the terminal is located, know about this 48 hours in advance and shall coordinate the time of bringing (taking) goods with the Customs.
88. The Customs shall control the accounting of the goods brought into the terminal for storage and let out of the terminal. Quarterly the manager (owner) of the terminal shall submit the report, the form of which is set by the Customs Department, on goods turnover in the previous quarter till the 10th day of the next quarter or at the request of the Customs that covers the area where the terminal is located.
89. The manager (owner) of the terminal shall submit the confirmed samples of signatures and seals of the employees authorized to sign terminal documents to the Customs which cover the area where the terminal is located. __________________________