Égypte

Chapter 1
Definitions and General Provisions

Article 1: In applying the provisions of Law no.118/1975 and its implementing regulations, terms and expressions below shall be interpreted as follows:

A) Import:

The act of bringing goods from abroad into the Arab Republic of Egypt, getting them inside the Customs Zone and registering the Customs Declaration to release the goods as final imports.

Also importing shall be from free zones, free-duty shops inside the country, international exhibitions and fairs and other exhibitions licensed according to the general rules of import from abroad.

B) Importer:

The natural or judicial person in whose name the Customs Declaration is registered for the goods requested to be released as final imports, and who is responsible for meeting all import regulations.

C) Import for Retail:

Goods imported for the purpose of retail by natural or judicial persons enrolled in the importers’ register in accordance with provisions of Law no. 121/1982 on the importers’ register, to be sold in the same condition in which they have been imported or after being packed or packaged, without undergoing any process of transformation.

D) Import For The Production Of Goods And Services:

Items imported by production companies to be sold after transformation as well as imports by service-rendering companies to ensure delivery of their services or related Trade Agreements Sector to be performed. This shall involve inputs for operation or service provision, including raw materials, intermediate goods and other components of the final product.

E) Import for Private Use:

Imports, for purposes other than retail or production, of capital goods, spare parts, advertisement material and others that benefit the importer’s activity rather than his personal use as well as imports for financial leasing shall be regarded as private use with the exception of passenger cars.

F) Import For Personal Use:

Import, by natural persons to achieve personal or family benefits, of goods whose quality and quantity are deemed appropriate for personal and family use within the period consistent with the nature of given goods and in a manner that shall not place goods in circulation.

G) Import by Government:

These are imports by ministries, agencies, authorities, local administration units
and public judicial persons to fulfill their purposes.

Article 2: The country’s needs of imported goods shall be in accordance with the provisions of the law and this regulation and in a manner that does not violate public order and morality.

Article 3: The Minister of Foreign Trade or whomever he delegates may ban dealings with any foreign supplier who is believed to deliberately undermine national economic interests.

Article 4: The person in whose name the Customs Declaration is registered shall be responsible for completing import procedures. Imported goods, for which the customs declaration has been registered, may be assigned to natural persons or legal entities before release. The assignee shall, in this case, be responsible for completing the import procedures. The release type may be amended at any stage before clearance

except for consignments inspected by competent authorities and rejected for their nonconformity with technical standards¹ .

Article 5: The provisions of this regulation shall not apply to the following:

1-Unless otherwise provided, goods imported by the Petroleum Sector necessary to serve its purposes in accordance with standards set by the Minister of Petroleum, with the exception of passenger cars.

2-Postal parcels whose owners refuse to receive them, and so are returned to the Sender.

3-Foreign banknotes and securities traded between the Arab Republic of Egypt and foreign countries through agencies licensed to run this activity.

4-Previously released production accessories which were imported under the temporary admission system for production projects, without exceeding 5% of the quantities used in products which have been exported and their accounts settled.

5-Egyptian goods imported from abroad or from free zones to exporters who have previously exported them in compliance with customs procedures pursuant to the following conditions:

(a)

Customs shall verify the conformity of documents and the sample of previously exported goods.

(b)

Agricultural goods and foodstuff will be inspected by GOEIC.

6 - Consignments of fish caught from the Sudanese Nubia Lake and by fleets carrying the Egyptian flag and operating in high seas.

7-Human organs, blood and its derivatives for hospitals and eye banks.

8-Inheritance legitimately transmitted to Egyptians by bequeathers abroad, whether Egyptian or non-Egyptian, including vehicles, provided an official document certified by the department concerned at the Foreign Ministry is submitted indicating the bequeather’s subject property. If heirs are multiple, the incoming inheritance shall be released only to the heirs or the representative authorized by a power of attorney.

Article 6: The import of goods listed in annex no. (1) enclosed with this regulation, shall be suspended, whether the import is intended for the purpose of trade or production or personal use, except for imports approved by the Minister of Agriculture as agricultural pesticides or fungus disinfectants.

The Minister of Foreign Trade, after consulting whom it may concern, may approve the import of production accessories concerning goods for production companies and needs of research centers, institutes and universities, within the limits of actual requirements.

Article 7: The following conditions shall be observed in the process of releasing imported goods:

1-The imported goods shall be new, however, used goods may be imported in cases articulated in Annex (2) or as otherwise provided in this regulation, and also cases that were approved by the Minister competent for foreign trade.

2-The goods shall be internationally bar coded in accordance with regulations decreed by the Minister of Foreign Trade.

3-The goods listed in annex (3) shall fulfill the conditions quoted next to each.

Article 8: It is stipulated for the release of imported goods, that they be accompanied by

an invoice with the name of the producer, the trademark if applicable, address, telephone

number, fax, and email address.

Article 9: The importer shall be obligated to pay the cost of imports exceeding $ 5000 according to any of the systems of payment applicable by banks, operating in Egypt, and Form (4) attached to this regulation shall be completed.

The importer may clear the value of imports against the value of exports or services. Cases, regarding which special provisions have been cited in this regulation, shall be exempted from the provisions of this Article.

Article 10: Banks operating in the Arab Republic of Egypt shall collect administrative charges determined by the Minister of Foreign Trade on the total value of goods included in Form no.(4) and shall credit them, immediately upon collection, to the account of the Ministry of Foreign Trade at the Central Bank of Egypt.

In cases where clearance is accorded directly by the customs, these charges shall be collected by Customs authorities on behalf of the Ministry of Foreign Trade and Industry. In all cases, the receipt indicating payment of these charges shall be regarded as among clearance-related documents.

Article 11: The Customs Authority may not dispose of goods in violation of import regulations, except after the issuance of a decree by the Minister competent for foreign trade or a person he delegates, in accordance with the provisions of Article 15 of the aforementioned Law no.118 /1975.

If circumstances necessitated the sale of these goods, sale revenues shall be kept aside, until the violation is finally settled without prejudice to customs regulations.

Chapter 2
Import for Retail

Article 12: Without prejudice to the provisions set forth in the First Chapter of the First Part of this regulation, goods imported for the purpose of trade shall be released upon the submission of a copy of the importer’s entry card in the importers’ register. The given product shall also be tabled in the list of commodity groups entered in the card.

The provision of this article shall apply to goods imported according to the consignment system.

Article 13: The provision in this chapter shall not apply to the following goods which shall be directly released from the customs after payment of administrative charges:

(1)Books, newspapers, and periodicals whether printed or on CDs or discs.

(2)Waste of material used by foreign ships within the range of LE.2,000 daily for every trader with the exception of consumer durable goods

(3)Waste of Egyptian ships

(4)Waste from scrapping ships and airplanes in the Customs area

(5)Express mail parcels, provided that the value of every parcel, with transportation costs excluded, does not exceed $2,000.

(6)

Mail parcels containing intermediary goods or spare parts of machines, equipment or utility models provided that the value of every parcel, with transportation costs excluded, does not exceed $2,000.

(7)

Waste material belonging to companies and authorities operating in Egyptian harbors and airports upon the approval of port authorities.

(8)

Public auction sales of ships which run adrift and their salvaged waste.

Article 14: Imported goods shall be released only if attached with a certificate of origin authenticated by appropriate authorities except for:

a.

goods listed in annex (2).

b.

goods approved by departments concerned at the Ministries of Health and Agriculture: (drugs-pharmaceutical raw materials and diagnostic substances, products for therapeutic purposes, medical equipment and accessories, veterinary vaccines and insecticides, fungicides and pesticides used to control harmful weeds and rodents, germination inhibitors and plant growth regulators – one day old chicks and ducklings- oil cake and animal feed components – seeds).

c.

Goods with invoices including the country of origin whenever issued by the producing company.

d.

Cases approved by the competent minister for foreign trade.

A certificate without authentication shall be accepted with regard to goods originating in member countries of the EU, the Common Market for Eastern and Southern Africa (COMESA) and the Trade Facilitation Agreement Among Arab Countries as well as in countries to which the principle of equal treatment is applicable concerning exemption from authentication in accordance with governing regulations in this connection. Consignments with no certificates of origin shall be released provided that the person concerned shall submit an unconditional letter of guarantee indicating the value of released goods consistently with Customs valuation. The letter of guarantee shall only be returned if the certificate of origin is provided no later than six months, otherwise, payment of compensation shall be discounted from the value of the letter of guarantee in accordance with the provisions of Article 15 of the aforementioned Law no.118/1975.

The importer shall be held responsible for the data recorded in the certificate of origin. If the Customs concerned was found to have adequate evidence to suspect the conformity of the certificate of origin or its contents, it shall adopt measures deemed necessary for verification in accordance with regulations decreed by the Minister of Foreign Trade upon consultation with the Minister of Finance.

Chapter 3
Import for Production of Commodities and Services

Article 15: In regard to the provisions laid out in the First Chapter of Part one of this Regulation, production and service companies may be permitted to import production inputs required for production, operation or service provision without mandating entry in the importers’ register.

These companies shall be obligated to submit to the competent Customs the document ascertaining their activity as well as a declaration detailing the imported production inputs on the Form included in Annex no (5).

These companies may apply to GOEIC for a requirements card based on supportive documents certifying related activities. The said companies shall be required to submit a copy of this card while filing the application to release their production inputs.

Article 16: Final release shall be allowed for goods previously released under the temporary admission system, provided that import procedures are completed in the run-up to final release.

Chapter 4
Import for Private Use

Article 17: Without prejudice to the provisions cited in Chapter 1 of Part 1 of this regulation, and with the exception of Article 9, Customs shall directly release goods imported for private use of natural or judicial persons in the light of the requirements of their licensed activities. The Declaration Form included in annex (6) shall meanwhile be fulfilled .

Article 18: Goods which have previously been temporarily released shall be accorded final release provided that subject goods fulfill import conditions at the time of temporary and final release.

Article 19: Customs shall promptly release samples, models, as well as promotion and advertisement material imported by natural and judicial persons under the following conditions:

-Verification of the nature of the subject sample or model.

-Approval of medicine samples by the competent department at the Ministry of

Health.

-Advertisement material shall bear in print the name of the entity concerned or the

commercialized event.

-Approval by the Literary Works Authority of advertisement material in relation

to foreign movies.

Article 20: Customs shall promptly release media material and stationary imported by embassies and scientific agencies on the occasion of holding scientific conferences or national celebrations of foreign countries. The release shall be in the name of the beneficiary.

Article 21: Customs shall promptly release stationary, advertisement material and staff uniforms imported from the head offices of foreign airlines to Egypt-based branches provided that the approval of the Ministry of Aviations is maintained .

Chapter 5
Import for Personal Use

Article 22: As exemption from the provisions of Chapter 1 of Part 1 of this regulation, Customs shall release promptly goods and luggage which are intended for personal use whether in the company of a passenger or sent by freight or mail parcel or purchased from the free shop. The subject goods and luggage, even if used, shall be allowed in except for two-stroke motorcycles unless sent for patients and handicapped.

Every investor shall be allowed to import his private car without being bound by the model of the year and the approval of the Head of the General Investment Authority and Free Zones or the person he delegates.

Chapter 6

Importing by
Government

Article 23: Without prejudice to provisions stipulated for in Chapter 1 of Part 1 of this regulation, import of goods necessary for the activity practiced by ministries, government agencies, public authorities, local government units and public legal entities shall be carried out in accordance with laws and regulations governing their purchase from abroad and without mandating entry in the importers’ register.

Article 24: Customs shall directly release to the bodies cited in the previous article their imported goods to help serve their purposes.

Chapter 7
Imported Goods for Display

Article 25: Board Chairman of the General Organization for Exhibitions and International Fairs (GOEIF) may allow exhibitors at international exhibitions and fairs as well as exhibitions licensed to be held in Egypt, to directly sell goods imported for display and re-exportation at exhibition sites identified by the Fairs Administration and within the limits of the local budget allocated for exhibition pavilions. The sale shall be supervised by GOEIF and the Custom, provided that import procedures, except for the certificate of origin and the bill of lading from the country of origin, are completed. This shall apply to the purchase for trade or production or for private or personal use.

Chapter 8
No Value Imports

Article 26: As an exception from the provisions of Chapter 1 of Part 1 of this regulation, the Customs shall promptly release imported goods which are donated or offered as aid or assigned, with no payment made, to the following bodies:

1-Ministries, government agencies, public authorities, local government units, public legal entities, trade unions and syndicates, sports clubs, the Olympic Committee, research centers and universities, conditionally upon the approval of the entity overseeing the given activity.

2-Non-governmental organizations, mosques, and churches provided that the competent administrative body gives its approval.

Chapter 9

Border Measures for the Protection against the Importation

Chapter 1
General Provisions

Article 74: The inspection and control of imported and exported goods shall be undertaken in accordance with the provisions of Law No. 155 / 2002, Presidential Decree No. 106 / 2000 and Prime Ministerial Decree No. 1186 / 2003, as indicated in the following articles:

Article 75: Wherever pointed out in this Part, GOEIC shall refer to the General Organization for Export and Import Control.

Article 76: GOEIC shall be mandated to undertake the following:

(a)

Inspect all imported goods subject to the above mentioned legislation on ionized radiation and prevention against its hazards, as well as regulations on food control, agriculture, and import and export. Regarding goods imported under the temporary admission system, inspection shall be limited to microbiological testing as well as quarantine and entomological pests.

(b)

Inspect all exported goods subject to the above mentioned legislation on ionized radiation and prevention against its hazards, as well as regulations on food control, agriculture, and import and export.

(c)

Supervise inspection and control of exported and imported goods subject to control regulations governing literary and artistic works, combat of fraud and deception, practice of pharmaceutical activity, toxic and non-toxic material used in industry, precious metals, the protection of antiquities, and weight and measurement.

(d)

Ensure implementation of the traceability system for commodities subject thereto in accordance with regulations issued by the Minister competent for foreign trade.

(e)

Perform voluntary inspection of goods upon request by the owners of the goods.

(f)

Carry out tests requested by any entity or person.

Article 77: Inspection and control procedures for goods indicated in the preceding article shall be undertaken in one stage with the assistance of entities concerned in compliance with laws and decrees regulating their competence. These entities shall commit to providing experts for this purpose.

Article 78: GOEIC’s field offices in maritime, air and land ports shall be the sole authority to receive documents from the customs r e g a r d i n g imported or exported consignments pursuant to laws and regulations to be submitted to appropriate inspection agencies. GOEIC’s field offices shall be the exclusive entity issuing the final results of inspection.

Article 79: The Customs Authority shall abide by decisions taken by GOEIC regarding inspection and control procedures for imported and exported goods. It may not accept requests for inspection or inspection results released by any other entity.

The competent Customs shall be authorized to release exported or imported goods upon GOEIC’s decision stating that all inspection and control requirements have been adequately met.

Article 80: Representatives of GOEIC-supervised inspection and control entities shall join GOEIC’s competent field offices upon nomination by their ministry or nomination by the entities to which they belong and the approval of GOEIC.

While joining GOEIC, those representatives shall be subject to the administrative supervision and instructions issued by GOEIC.

Chapter 2
Inspection of Imported Goods

Article 81: Procedures for visual inspection and sampling of imported goods take place according to the system indicated in Annex No. 2 of the aforementioned Prime Ministerial Decree No. 1186/2003, and amendments that may be introduced, as well as in implementing regulations set forth in the following articles.

Article 82: Importers of goods inspected by GOEIC in compliance with the provisions of Article 79 may request that the goods be inspected inside or outside the customs area on a fee-for-service basis in accordance with regulations decreed by the Minister competent for foreign trade.

Article 83: Importers of foodstuffs may request GOEIC that inspection take place in areas outside the country where these goods are produced. In this case, the importer shall defray all the expenses and fees for services in accordance with regulations decreed by the Minister competent for foreign trade. This inspection however does not by necessity replace inspection procedures in ports of arrival.

Article 84: Regarding consignments that require inspection, the contents of each lot or parcel shall have to be identical in terms of kind, variety, grade and package.

Article 85: Consignments that have been visually inspected shall be disposed of in compliance with the following rules:

1. For goods subject to exclusive visual inspection, a certificate of conformity shall be issued immediately upon successful completion of this inspection.
1. Goods concerning which visual inspection has been performed but yet subject to laboratory testing, the following steps shall be pursued:
1. – Transport and storage of these goods shall be conditional to the supervision of competent control agencies within 48 hours. These goods nevertheless shall only be disposed of after the final result of inspection has been released and the certificate of conformity issued. The person concerned may keep the consignment inside the Customs area pending the issuance of the final result of inspection and the certificate of conformity.
2. – The final results of inspection shall be issued no later than 7 days from the date that the last sample was taken. Except for canned food and bottled water as well as goods subject to dioxin testing, final results shall be released no later than 15 days after the last sample was taken. As for literary and artistic works imported for the first time, the final results of inspection shall be declared in one month as of the date of sample-taking.

(c) – Final results of inspection for non-food goods shall be declared during the period set for the tests specified according to standards or governing legislation in this regard.

Article 86: Conditions for the transportation and storage of goods under conditional release from the competent control authority can be summed up as follows:

1 – A copy of a title deed or lease contract regarding the warehouse where the goods are to be stored shall be submitted. As for factories, evidence to prove the existence of a warehouse to serve the purpose shall also be submitted. The competent GOEIC field office shall keep a register for recording these contracts. Those already enrolled in the register shall be exempted from presenting copies of the above documents.

2 – The importing party shall not have previously defaulted on its commitments vis-à-vis any other consignment that was conditionally transported and stored 12 months before its arrival or that it has been referred to court awaiting consideration.

3 – The warehouse to be used must not contain consignment items of the same kind intended for storage.

Importers of industrial goods shall exclusively submit a declaration of commitment.

4 – The importer shall assume full responsibility for the consignment during transportation and storage until the final results of the inspection are released.

The warehouse must be large enough to sufficiently accommodate transferred quantities. The importer shall not dispose of the consignment until a relevant decision is taken.

5 – Veterinary regulations governing livestock consignments shall be complied with.

6 – The GOEIC field office in the port from which the consignment has been transported shall abide by the following procedures:

(a)

Notify the competent customs office not to make the final release of the consignment before being informed that the final results of inspection have disclosed conformity to standards. Procedures then shall be undertaken to re-export or to destroy the consignment if non-conformity has been verified.

(b)

Notify the food supply investigation police office and the GOEIC field office in whose area the subject warehouse is located in order to fulfill inspection procedures pending issuance of a decision on disposal in the light of final inspection results.

The following terms shall be added to conditions on foodstuffs:

1 – Present a photocopy of the license granting permission to the warehouse to store foodstuffs. A register shall be opened at the GOEIC field office to record names of warehouses allowed to store foodstuffs within the jurisdiction of the given office, according to the warehouse’s license submitted by importers of foodstuffs.

2 – The Health Unit in whose area the warehouse is located, along with the Health Affairs Department to which the warehouse is affiliated, shall be briefed on all data pertinent to the consignment by telegram, letter or fax, so that all health procedures related to the warehouse inspection, receipt of consignment and completion of relevant health procedures pending the release of final inspection results. Furthermore, the General Department for Food Control and the health department to which the port where the consignment will be arriving is affiliated shall also be notified.

3 – Concerning frozen foodstuff consignments, the following terms shall be taken into consideration:

(a)

Consignments shall be transported by freezing vehicles with (-18) and sealed with red wax. A seal will also be affixed by the customs foodstuff inspector. The plate numbers of vehicles and names of their drivers shall be recorded.

(b)

The health unit (which houses the refrigerator that received the consignment) shall inspect the refrigerator in which the consignment is stored.

(c)

The consignment shall be received and its quantity and variety verified to ascertain compliance with accompanying documents and validity of

seals before being opened by a committee formed for this purpose in which the food controller and the food inspector concerned shall be represented. This shall be indicated in an official case record. An official record shall be drafted for quarantine purposes until notice has been served by GOEIC stating conformity of consignment.

(d)

A party at the location from where the consignment is transferred shall notify by telegram or fax the party at the location where the consignment is destined. This communication shall be supported by a letter to explain procedures and give details regarding quantities in the consignment and ensure all data are completed. The General Department for Food Control shall follow up all related procedures.

(e)

The consignor and consignee shall follow up the arrival of the consignment as well as procedures pursued in this respect and shall take legal action in case any problem or infringement takes place.

Article 87: GOEIC, laboratories and health units to which imported foodstuff samples are sent shall abide by inspections and analyses specified in Annex No. 1 of Prime Ministerial Decree No. 1186/ 2003 as well as any amendments that may be introduced in this connection while having regard to approved standards. Moreover, GOEIC, with regard to tests and analyses applicable to non-food commodities, shall abide by standards issued or approved by the Egyptian Organization for Standardization and Quality Control.

Article 88: Concerning goods for which Egyptian mandatory standards have been issued; GOEIC shall perform specific analyses and tests as defined. No amendments shall be made to standards until one month after the date of its publication.

As for goods for which no Egyptian mandatory specification has been issued, the importer shall determine the standards according to which inspection and analysis shall be conducted.

If the importer has not requested that inspection be performed according to a particular standard specification, the laboratory assigned to conduct the testing of the sample may perform the inspection according to an approved standard.

Article 89: Laboratories receiving samples of goods for inspection and testing shall abide by only one approved standard and shall not select tests from more than one standard.

Article 90: GOEIC field offices respectively shall abide by completing inspection procedures in laboratories and inspection units cited in the above list in Annex 3 of Prime Ministerial Decree No. 1186/2003 and whereby a decision shall be issued by the Minister of Foreign Trade and Industry as well as its amendments.

These offices may undertake health, veterinary and quarantine inspections in any of the qualified laboratories listed and the samples subject of analysis shall be on the form prepared for this purpose which precisely specify tests and inspections required.

GOEIC field offices may perform inspections and conduct tests on samples of one consignment in more than one laboratory named in the list in Annex 3 of Prime Ministerial Decree No. 1186/2003 as indicated.

Laboratories affiliated to the Ministry of Foreign Trade and Industry, the Ministry of Agriculture and Land Reclamation, the Ministry of Health and Population and the Ministry of Electricity and Energy listed in Annex 3 attached to Prime Ministerial Decree No. 1186/2003 shall be obligated to perform tests on samples sent by GOEIC field offices and to report their results.

Article 91: Imported food commodities which, based on the first sample-taking, were proved to adversely affect public health as a result of microbes, parasitic infections, or toxins shall not be rejected as non-conforming to standards until a second sample from the consignment has been taken according to the applicable visual inspection and sampling system and in compliance with inspection and control procedures. The party concerned shall be notified of the date of the second sampling, provided that GOEIC field offices are duly authorized to conduct the second sampling, otherwise, the first result shall be endorsed.

Article 92: Concerning imported goods that are not subject to legislation on ionizing radiation and the prevention against its hazards as well as regulations controlling foodstuff and agriculture, GOEIC shall have to abide by inspection certificates issued by government authorities or by one of the laboratories accredited by any of the accreditation bodies member of the International Accreditation Council. Visual inspection shall in this case be exclusive.

Certified documents evidencing lab accreditation shall be submitted provided that GOEIC open a register listing the laboratories that already met this requirement. Inspection result certificates shall be issued in compliance with inspections and tests cited in specifications issued or approved by the Egyptian Organization for Standardization and Quality Control (EOS)..

GOEIC Chairman shall develop random inspection rules and programs for consignments with attached certificates issued from agencies indicated in this article. If any of these consignments was proved non-conforming, a warning shall be addressed to the agency issuing the certificate for the first violation.

If violation recurred, a ministerial decree shall be issued to the effect of rejecting certificates released from above mentioned laboratories.

Article 93: Goods subject to international quality standards shall exclusively be inspected visually in accordance with regulations decreed by the Minister competent for foreign trade.

Article 94: Visual inspection and conformity of data on the consignment to the data recorded in attached documents shall be exclusive concerning non-food industrial goods imported by GOEIC-registered importers who duly meet the following requirements:

1 – Application for registration by the commercial agent of the producer, or his representative or the importer, indicating the trademarks and varieties produced and their production sites in different countries.

2 – The producer shall maintain a quality control system regarding his products or his licensed production. Supportive documents shall be submitted along with the registration request.

3 – Production shall be carried out according to one of the approved standards

of the Egyptian Organization for Standardization and Quality Control.

Producers abiding by the aforementioned regulations shall be recorded in a register established for this purpose at GOEIC Head Office. Registration in or strike-off from this register shall be decreed by the Minister competent for foreign trade and monthly published in the Official Gazette Al Waqaa Al Masraya.

Producers previously registered pursuant to Ministerial Decree no 501/1997 are deemed compliant with the provisions cited in this article.

GOEIC Board Chairman may order random inspection with regard to any of the consignments belonging to the abovementioned-registered producers. If nonconformity to standards of the consignment/consignments subject of random inspection has been verified, the producing company shall be served a strike-off warning notice and in case of recurrence, shall be subject to strike off. The producer shall be entitled to apply for re- entry one year after the strike off date and upon his compliance with rules articulated in the first paragraph of this article.

Article 95: Upon rejection of an imported consignment following a second sampling, the importer may apply for re-inspection upon giving reasons for his request within one week from his notification of the inspection results.

The importer may apply for re-inspection at one of the other laboratories listed in Annex 3 of Prime Ministerial Decree No. 1186 / 2003 that shall be identified by GOEIC. If this laboratory was not in place, inspection procedures shall be completed by experts who had not been engaged in the previous inspection. The importer, his agent or whoever is duly authorized by him as well as the representative of the producing company may be present during re-inspection provided that they shall be signatories of the results. The importer shall bear re-inspection costs and expenses.

Article 96: Concerning consignments transported under custody outside the customs area, which the related final inspection results have proved their non-conformity to standards, the importer shall be obligated to move the consignment to the customs area in the company of a representative from the competent control agency. This must occur no later than two weeks after his notification of the final results unless the consignment has not been destroyed under the supervision of the control agency concerned and the Customs Authority representative.

Conditional release or receipt of notice of inspection results regarding any of the consignments returned to the importer shall not be permissible if he fails to reexport or destroy non-conforming consignments within the time limit allowed to him.

Article 97: The importer shall be notified in writing of the final results of inspection at the address provided on the import card or the related documents. If the letter has been returned undelivered, it shall be posted on the advertisement board kept at the GOEIC field office concerned for six days and shall be considered an official notice. If notice has been served to the effect of rejecting the consignment, the following shall be observed:

(a)

If the consignment has been inside the customs area, the customs office concerned shall be notified to take necessary measures for either re- exporting or destroying the rejected consignment in accordance with governing regulations in this regard.

(b)

If the consignment has been stored outside the customs area, the agency supervising storage of goods under conditional release, the Supply Investigation Police Office and the Customs Authority shall be notified to pursue procedures of re-export or destruction of the subject consignment.

(c)

The health unit where the consignment is stored, the port of arrival and the port where re-export will take place as well as the General Department for Food Control at the Ministry of Health shall be notified of the data of the consignment subject of re-export. The party concerned shall present an application demanding re-exportation.

(d)

The person concerned or his legal representative shall undertake not to unfold the seal and to keep all parts of the consignment intact. Car plate numbers, names of drivers and their identity cards shall be recorded. Vehicles shall be parked and sealed with red wax and affixed with the seal of the foodstuff inspector in whose work site the warehouse is located. The signatory to the undertaking shall be legally responsible for any infringement.

(e)

The health official in the port where re-exportation will take place shall be notified to receive the consignment, unfold the seal and ascertain conformity of consignment in terms of weight and number to data recorded in the documents and to complete re-export procedures. If quantities have decreased, legal action shall be taken against the importer.

(f)

The port of arrival, the warehouse, the General Department for Food Control and the General Department for Food Supply Investigation shall receive a copy of the re-export bill of lading.

Article 98: The Foreign Trade Sector shall be notified of violations committed before issuing a conformity certificate regarding fully or partially stored consignments under conditional release for legal action to be taken against the importer.

Article 99: GOEIC field offices shall deliver to the importer the remaining samples inspected. If the importer or his representative has failed to receive these samples in two days for foodstuffs and 15 days for non-food commodities as of the date of receipt of the final inspection results, the samples shall be disposed of as per regulations issued in a decree by the Minister competent for foreign trade.

Article 100: GOEIC or its field offices shall, upon request of parties concerned, issue a certificate indicating inspection or re-inspection results, a copy of it or a true copy after the payment of a L.E. 1 fee.

Article 101: Concerning Egyptian exports that have been returned to the country, inspection shall be restricted to compliance with health regulations and agricultural and veterinary quarantine.

Article 102: Imported goods subject to quality control shall meet the following
requirements:

A. Concerning equipment, machines and apparatuses, a label indicating the country of origin shall be affixed on the body or package in Arabic, English or French.

B ……………………………….³.

C. Regarding slaughtered poultry, chicken and meat:

1. Shipping shall be direct from the country of origin to Egypt.
1. Foodstuffs shall be packed in well-sealed bags in conformity with health regulations. The following data shall be written in Arabic on a card to be placed inside each bag and on package bags and on cartons using indelible ink (data may be written in two languages, one is Arabic):
1. Country of origin.
2. Name of product and trademark if any
3. Name of slaughter-house
4. Date of slaughtering
5. Name and address of importer
6. Name of entity overseeing the slaughter in accordance with Islamic Sharia provided this entity is accredited by the Commercial Office in the country of origin.

D. Concerning ready-made clothes, linens, carpets and rugs (except for socks⁴ and imports for medical purposes and industrial security) the following shall be observed:

- A woven data card in Arabic shall be affixed on each patch in the process of manufacture with the following⁵:

(a)

Type of material used

(b)

Country of origin

(c)

Name of the importer

Concerning production licensed with a trademark, a declaration shall be submitted by the importer or his legal representative to indicate that the exporting factory is the owner of the trademark or authorized to use it.

Article 103: GOEIC Board Chairman or whoever is duly authorized by him may, at the request of the importer, his agent or power of attorney, permit re-sorting imported consignments that were finally rejected inside and outside the customs area. These consignments, having been sorted, shall be subject to re-inspection as new consignments.

Chapter 3
Inspection of Exported Goods

Article 104: The exporter shall apply for inspection by GOEIC field office concerned on a form prepared for this purpose. Fees shall be paid pursuant to a decree issued by the Minister competent for foreign trade.

The exporter may request completion of inspection procedures based on the
customs declaration.

Article 105: Visual inspection of exported goods shall be exclusively sufficient under the following conditions:

The exporter shall have a system of quality control endorsed by the competent body, in which case the exporter’s written declaration shall be sufficient. The exporter in turn shall accept GOEIC’s inspection of this system.

GOEIC shall ensure that the same exporter has been exporting the goods for not less than one year with a minimum of ten consignments and that none of these consignments or parts thereof have been previously rejected.

Exporters who conform to regulations as indicated shall be recorded in a GOEIC- established register set for this purpose. Registration in or strike off from this register shall be decreed by the Minister competent for foreign trade and published monthly in the Official Gazette (Al Waqaa Al Masrya).

GOEIC Board Chairman may order random inspection of any of the consignments of enrolled exporters. If non-conformity to standards as a result of random inspection has been verified, the exporter shall be served a strike off notice and in case of recurrence, shall be subject to strike off. The exporter may apply for re-entry upon his compliance with the regulations articulated in the first paragraph of this article.

Article 106: The exporter shall be obligated to prepare consignments subject of inspection inside the Customs area. He may apply for inspection of exported consignments in production and preparation sites or outside the customs area, provided that he shall pay fees for GOEIC-rendered services in accordance with regulations decreed by the Minister competent for foreign trade.

The exporter may request inspection of the already prepared part of consignment subject of export if it has not been fully prepared for inspection.

Article 107: Regarding exported consignments that require inspection, the contents of each lot or parcel must be identical in terms of kind, variety, grade and package.

Article 108: GOEIC shall abide by certificates issued by competent authorities at the Ministry of Agriculture and Land Reclamation, the Ministry of Health and Population and the Ministry of Electricity and Energy that have been drafted upon completion of quality control procedures at production and preparation sites in conformity with health regulations and agricultural, veterinary and radiation quarantine. These certificates which shall be valid for export shall exclusively be subject to visual inspection in shipping ports.

Article 109: GOEIC competent field offices shall inspect and re-inspect random samples representing exported consignments. It may not reject the exported consignment for its non-conformity to standards unless three random samples representing the exported consignment have been inspected.

Upon the request of the exporter, it shall be possible to complete inspection procedures of exports and issue an export-permitting certificate based on the Customs declaration. GOEIC field offices shall issue a certificate to the exported consignment owner permitting the export of the same quantity as soon as inspection and re-inspection procedures are completed.

The exporter may request the recording of the certificate on the Customs declaration.

Article 110: If inspection results proved non-conformity to established standards and terms, the GOEIC field office concerned shall notify the exporter, his agent or whoever is authorized by him of the reasons for rejection in 24 hours as of the date of inspection.

Article 111: The exporter shall abide by shipping the consignment within the period

specified in the export permit certificate.

Article 112: Permission to export a consignment already inspected shall continue to be conforming to conditions and standards until its time of shipment. The GOEIC field office concerned shall have to ascertain this. If the consignment was no longer nonconforming to standards and was outside the customs area, the field office shall withdraw the export permit certificate and unfold its seals. If the consignment was inside the customs area, it shall be banned from exportation.

Article 113: If the exporter has reversed his decision to export or the time limit in the export permit certificate has expired, GOEIC’s competent field office shall unfold the seal of the consignment.

Article 114: GOEIC or its field offices shall, upon the request of the exporter, his agent or whom he authorizes, issue a certificate with the results of inspection or a copy of it or a true copy after the payment of fees.

Article 115: The exporter, within 48 hours of receipt of notice of a failed inspection of the exported consignment may request that GOEIC re-inspect it, explaining reasons for his request.

In case the application has been accepted, inspection shall be performed by technicians who have not previously been engaged in the inspection of the subject consignment. Re- inspection shall take place in the attendance of the exporter or his agent or whoever is duly authorized by him.

Article 116: GOEIC Board Chairman or whom he authorizes shall, upon a request from the importing party, may exempt any of the exported consignments from any inspections or tests.

The exporter may apply for inspection of exported goods according to standards requested by the importer and these standards shall be indicated in the exporter’s application.

Chapter 4 Appealing Final Inspection Results

Article 117: The exporter or importer may appeal the final inspection results no later than one week of the date of being informed of the results.

The person concerned, his agent or whomever he authorizes shall file an appeal to the Appeal Committee Secretariat formed by a decree of the Minister competent for foreign trade in accordance with the provisions cited in Article 7 of Prime Ministerial Decree No.1186 / 2003. The appeal shall be accompanied by a receipt of a L.E. 5 security which shall be released if the appeal was accepted.

The appeal shall be submitted to the committee within one week of its presentation for examination of documents forwarded by parties concerned. The committee shall decide whether to accept the results of final inspections amend or annul them, or to reinspect the consignment or allow treatment. The decision of the committee shall be deemed final and shall notify parties concerned.

On concluding the re-inspection of the consignment, the Committee shall name the specialized inspection laboratory and give the complainant the chance to attend inspection procedures. Results shall then be deemed final and may not be contested.

Chapter 5 Additional Inspection Fees and Issuance of Certificates

Article 118 GOEIC field offices shall charge the following fees:

Annex (1)
Goods suspended from importation

Annex ( 2 )
Products allowed to be imported as used goods

⁶ This has been amended by the Ministerial Decree No.32/2006 on amending some provisions of the executive regulation implementing import and export law as well as inspection and control procedures for exported and imported goods.

Annex (3)
Goods Imported As per Special Conditions

Investment and Free Zones.

Annex (4)

Form of Financing Imports for Trading or Production Purposes

First: Data filled by the Importer:

Name of Bank: ……………….. Number and date of issued form: ………………..

Data of the Importer :
Importer’s name: ………………..………………..………………..………………..
Main business address: ………………..………………..…………………………...
Import card number/ the needs : ………………..………………..…………………

Data of Imported Goods:
The commodity :…………………………... Quantity :…………………………….
Total value in foreign currency : ………….. Terms of contract: …………………..
Country of Origin: ………………………… Exporting country: …………………..
Importer’s signature : ……………….

Financing :
1- Source of finance: …………….……………..………………..…………………
2- Method of payment: ………………..………………..………………………….

Second: Data to be filled by the bank:

Paid administrative fees:

L.E. ………………. Vide receipt no. ………….. on / / 200
Responsible official’s signature : ………………..
Bank Seal:………………………………………...

Third: Form filling instructions:

(1)

Attach a copy of the bill.

(2)

Form shall be in two copies. The bank shall keep a copy and the other copy shall be delivered to the exporter to submit to the customs as a clearance document.

(3)

This form shall be used as a clearance document as long as it is complete and sealed by the bank.

(4)

The value may be transferred to the exporter through any of the banks operating in Egypt provided that the bank that issued the form shall be notified with such transfer.

(5)

The importer may change the method of payment provided that he shall notify the bank. The discount or waiver by the exporter on the value mentioned in the form, shall be taken into account provided that the importer have to submit supportive documents.

(6)

The value of imports against the value of commodity or service exports shall be allowed.

(7)

The Foreign Trade Policies Sector shall be notified of the cases whose value has not been transfered.

Annex (5)

A Declaration Form for Production Inputs or Components Imported for Production /
Service

Data of production/ service company:

Name of Company: ………………..……………..
Address: ………………..…………………………
Activity: ………………..…………………………
I ……………………………… hereby declare that production inputs or components indicated in the attached
list provide adequate quantities necessary to cover the actual needs of the factory, and I undertake to pay
compensations claimed by the Ministry of Foreign Trade and Industry if related data was found to be incorrect.

I acknowledge,

The Declarant

Declaration form filling instructions:

(1)

The declaration shall be drafted by the person concerned or whoever has the power of signature and management in investment and limited liability companies as well as the board chairman, his deputy or the competent manager in the associations of capital.

(2)

The declaration shall be in two copies and attached with the list of imported production inputs or components. A copy of the declaration shall be filed with the customs clearance documents. The second copy shall be sent by the customs office concerned to the Foreign Trade Policies Sector at the Ministry of Foreign Trade and Industry.

Annex (6)
A Declaration Form for Imports for Private Use

Consignment Data:

1- Name of person concerned: ……………………………………………. 2- Address : ……………………………………………………………… 3- Type of activity: ………………………………………………………. 4- Actual imports: ……………………………………………………….. 5- Name of competent Customs Office: …………………………………………….

I ……………………………… hereby declare that goods indicated in the attached list fall within the range of needs of the licensed activity and I undertake to pay any and all compensations claimed by the Ministry of Foreign Trade and Industry if the data presented was found to be incorrect and to dispose by sale of released goods for private use.

I acknowledge,

The Declarant

Declaration form filling instructions:

(3)

The declaration shall be drafted by the person concerned

(4)

The declaration shall be drfted in two copies and attached with the list of imported goods. A copy of the declaration shall be filed with the customs clearance documents and the second copy shall be sent by the customs office concerned to the Foreign Trade Policies Sector at the Ministry of Foreign Trade and Industry.

Annex (7)
Exports Statistical Form

Name: Signature:

Annex (8)

Goods subject to Imports Quality Control and their Inspection Fees⁸.

⁸ Has been amended according to the Ministerial Decree No. No.32/2006 on amending some provisions of the executive regulation implementing import and export law as well as inspection and control procedures for exported and imported goods.

(*) Collected fees per consignment shall not exceed L.E. 10.000.