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North Macedonia

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Customs Code

 Customs Law- LAST VERSION-04.03.2008.doc

Customs Law

TITLE 1

GENERAL PROVISIONS

CHAPTER 1

SCOPE AND BASIC DEFINITIONS

Article 1

(1) This Law regulates the rights and obligations of the persons and of the

customs authorities in regard to the goods in passenger and goods circulation between the

customs area of the Republic of Macedonia and foreign customs areas.

(2) The customs authority is the sole authorised authority competent for

enforcement of the provisions of this Law and the rules arising from this Law.

(3) The provisions of this Law apply without prejudice to rules regulating other

fields for trade with other countries.

Article 2

(1) The provisions of this Law and the rules arising from this Law apply

uniformly throughout the entire customs area of the Republic of Macedonia, unless

otherwise provided for under this Law, other law or an international agreement ratified by

the Republic of Macedonia.

(2) Certain provisions of the customs rules may also apply outside the customs

area of the Republic of Macedonia in accordance with international agreements ratified

by the Republic of Macedonia.

Article 3

The customs area of the Republic of Macedonia (hereinafter referred to as the

‘customs area’) includes the territory, territorial waters and the air space over the

territories of the Republic of Macedonia. The customs area is defined with a customs line

identical to the frontier line. In accordance with international agreements the customs

area may also stretch onto parts of the territories of other states.

Article 4

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The terms used in this Law have the following meaning:

1. ‘Person’ means a natural person or a legal person;

2. ‘A person registered in the Republic of Macedonia’ means:

— a citizen of the Republic of Macedonia with residence in the Republic of

Macedonia or a foreign citizen who is granted approved stay in the Republic of

Macedonia in accordance with law and

— a legal person that has a registered office, in accordance with law, in the

Republic of Macedonia.

3. ‘Customs authority’ is an organisational unit of the Customs

Administration determined by law, responsible for applying customs or other rules where

all or part of the prescribed formalities may be completed.

4. ‘Decision’ means any official act adopted by the customs authority

pertaining to customs rules regulating a particular case, such act having legal effect on

one or more specific or identifiable persons. This term covers, inter alia, binding

information within the meaning of Article 11 of this Law;

5. ‘Customs status’ means the status of goods as domestic or foreign.

6. ‘Domestic goods’ means goods:

— wholly obtained in the customs area of the Republic of Macedonia under the

conditions referred to in Article 22 of this Law and not incorporating goods

imported from other countries. Goods obtained from goods placed under a

suspensive arrangement shall not be deemed to have status of domestic goods,

— imported from other countries and released for free circulation and

— obtained or produced in the customs area of the Republic of Macedonia, either

from goods referred to in the second indent alone or from goods referred to in the

first and second indent of this item;

7. ‘Foreign goods’ means goods other than those referred to in item 6 of this

Article. Domestic goods shall also receive a status of foreign goods when they are

removed from the customs area.

8. ‘Customs debt’ means the obligation on a person to pay the amount of the

import duties (customs debt on importation) or export duties (customs debt on

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exportation) which apply to specific goods under the regulations of the Republic of

Macedonia;

9. ‘Import duties’ means customs duty and other duties having an effect

equivalent to customs duty payable on the importation of goods;

10) ‘Export duties’ means customs duty and other duties having an effect

equivalent to customs duties payable on the exportation of goods;

11. ‘Debtor’ means any person liable for payment of a customs debt.

12. ‘Customs supervision’ means general measures taken by the customs

authority with a view to ensuring that customs rules and, where appropriate, other

regulations applicable to goods subject to customs supervision are observed;

13. ‘Customs control’ means the performance of specific acts such as:

examining goods; verifying the existence, reliability and accuracy of documents;

examining the accounts of undertakings and other records; examining and searching of

means of transport; examining and searching of personal luggage and other goods carried

by or on persons; carrying out official procedures and other similar actions with a view to

ensuring that customs rules and, where appropriate, other regulations applicable to goods

subject to customs supervision are observed;

14. ‘Customs-approved treatment or use of goods’ means:

a) the placing of goods under a customs procedure;

b) their entry into a free zone or free warehouse;

c) their re-exportation from the customs area;

d) the destruction of goods and

e) their abandonment to the state;

15. ‘Customs procedure’ means:

a) release of goods for free circulation;

b) transit;

c) customs warehousing;

d) inward processing;

e) processing under customs control;

f) temporary import;

g) outward processing and

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h) exportation;

16. ‘Customs formalities’ are all actions that shall be performed by the parties

and the customs authority with the purpose of observing the customs rules;

17. ‘Customs declaration’ means the act whereby a person indicates, in the

prescribed form and manner, a wish to place goods under a given customs procedure;

18. ‘Declarant’ means the person lodging the customs declaration in his own

name or the person in whose name the customs declaration is lodged;

19. ‘Presentation of goods to the customs authority’ means the notification to

the customs authority, in the manner laid down, of the arrival of goods at the customs

authority’s premises or at any other place designated or approved by the customs

authority;

20. ‘Release of goods’ means the act whereby the customs authority makes

goods available for the purposes stipulated by the customs procedure under which they

are placed;

21. ‘Holder of the procedure’ means the person on whose behalf the customs

declaration was made or the person to whom the rights and obligations of the

abovementioned person in respect of a customs procedure have been transferred;

22. ‘Holder of the authorisation’ means the person to whom an authorisation

has been granted;

23. ‘Taxation elements’ means the customs rate and amount of duties in

accordance with the Customs Tariff and tariff classification of the goods, origin of goods,

customs value of the goods, as well as the amount, nature and condition of the goods;

24. ‘Customs clearance’ means any official action of placing the goods under

a customs procedure or of carrying out formalities for re-exportation of goods in a normal

procedure in accordance with Article 72 to 85 of this Law or under a simplified

procedure in accordance with Article 88 paragraph (1) item b) or c) of this Law;

25. ‘Lodging a customs declaration’ means the presenting of a customs

declaration in the prescribed form and manner, on behalf of the declarant to the

competent customs authority for the carrying out of the relevant customs procedure;

26. ‘Acceptance of a customs declaration’ means the establishing, on behalf of

the customs authority, that the customs declaration is in accordance with Articles 72 and

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73 of this Law and the entering of such declaration, on behalf of the customs authority, in

the prescribed records;

27. ‘Holding of goods’ means using the goods or the simple holding of the

goods;

28. ‘Risk’ means the possibility of an evasion of duties or endangering of the

security and safety of the Republic of Macedonia, in respect to public heath, living

environment and consumers, to occur, also including the provision of proper application

of the measures concerning the entering and exiting of goods in and from the Republic of

Macedonia and

29. ‘Risk Management’ means systematic identification and application of all

measures necessary for limiting the exposure to risk. This also includes actions, such as

gathering of data and information, risk analysis and risk assessment, providing for and

taking of measures and regular supervision and reconsideration of the results of the

measures taken, based on international and domestic sources and strategies.

CHAPTER 2

GENERAL PROVISIONS REGULATING THE RIGHTS AND OBLIGATIONS

OF PERSONS WITH REGARD TO CUSTOMS RULES

Section 1

Right of representation

Article 5

(1) Under the conditions set out in Article 74 paragraph (2) and paragraph (3)

of this Law, any person may appoint an authorised person to represent him in his dealings

before the customs authority in order to perform the acts and formalities laid down by

customs rules.

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(2) Such representation may be:

a) direct, in which case the representative shall carry out acts in the name of and

on behalf of another person or

b) indirect, in which case the representative shall act in his own name but on

behalf of another person.

(3) The representative must state before the customs authority that he is acting

on behalf of the person he is representing, specify whether the representation is direct or

indirect, and be empowered to take actions as an authorised person.

The person that fails to state before the customs authority that the actions taken are in the

name or on behalf of another person or which shall state that the actions taken are in the

name or on behalf of another person without being authorised for doing so shall be

considered to be taking actions in his own name and on his own behalf.

(4) The customs authority may require the person stating that he is acting in

the name of or on behalf of another person to produce evidence of his powers to act as

representative.

Article 6

(1) Representation activities in customs procedures, in the meaning of Article

5 of this Law, may be carried out by any legal person that has received authorisation for

representation activities in customs procedures.

(2) Authorisations for carrying out representation activities in customs

procedures may be granted to a legal person complying with the following conditions:

- to have a registered office in the customs area of the Republic of Macedonia,

- to be registered as a representative in customs affairs in the customs area of the

Republic of Macedonia and

- to have at least one employee with a customs licence for representation.

(3) A customs licence may be granted to a natural person that fulfils the

following conditions:

- has at least one year of working experience in the field of customs affairs, in case of

professional university education in the field of customs affairs,

- has at least secondary professional education and at least two years of working

experience in the field of customs affairs and

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- has passed a special professional exam for carrying out representation in customs

procedures.

(4) The Central Administration of the Customs Administration shall be

responsible for the carrying out of the exams, for which there are certain costs and fees.

(5) Authorisations for representation activities in customs affairs and customs

licences for carrying out representation shall be granted and withdrawn by the Central

Administration of the Customs Administration of the Republic of Macedonia.

(6) The Minister of Finance shall proscribe the programme and contents of the

special exam referred to in paragraph (3) of this Article and shall determine the costs and

fees for the carrying out of the professional exam.

(7) The Minister of Finance shall in further detail determine the manner of

proving compliance with the conditions set out in paragraphs (2) a

nd (3) of this Article for obtaining an authorisation for carrying out representation

activities in customs procedures and a customs licence for carrying out representation.

(8) The Central Administration of the Customs Administration shall withdraw

the customs licence for representation in case the representative (natural person)

repeatedly acts illegally, inaccurately and unprofessionally, provided he has been notified

of this in writing and by giving the grounds for such warning note on the illegal,

inaccurate and unprofessional acting in the last three years.

(9) The Central Administration of the Customs Administration shall withdraw

the authorisation for carrying out representation activities in customs procedures based on

the opinion of a Commission established by the Minister of Finance provided the

representative (legal person) repeatedly acts illegally, inaccurately and unprofessionally,

provided he has been notified of this in writing and by giving the grounds for such

warning note on the illegal, inaccurate and unprofessional acting in the last three years.

(10) The Central Administration of the Customs Administration shall withdraw

the customs licence for representation where the representative has an irrevocable and

executive ruling for a criminal act in the field of economic or illegal traffic in his record.

(11) When a customs licence or authorisation for carrying out representation

work is withdrawn in accordance with paragraphs (8) and (9) of this Article, a new

customs licence or new authorisation for representation may be granted in the period of

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two years from the day it was withdrawn. Where the customs licence for carrying out

representation is withdrawn in accordance with paragraph (10) of this Article, a new

customs licence for carrying out representation may be granted in the period of two years

from the day it was withdrawn.

Section 2

Acts relating to the application of customs rules

Article 7

(1) If not otherwise provided for in this Law, the customs authority

conducting the customs procedure shall apply the Law on General Administrative

Procedure.

(2) Provided the customs authority in the customs procedure accepts the

request fully, it may approve it in the form of a note affixed on such a request.

(3) An appeal against the decision taken by the customs authority in the

administrative procedure may be expressed to the Minister of Finance within a period of

8 days from the day of communication of the decision.

(4) The appeal shall not cause suspension of the implementation of the

decision.

(5) By way of derogation from paragraph (4) of this Article, the customs

authority may suspend the implementation of such a decision completely or partially, for

a period that may not exceed 180 days, where sufficient proof and facts are submitted that

indicate that the appeal is justified or that greater damage is to be feared for the party

with the carrying out of the decision, while the suspension is justified. Where the decision

relates to the calculation of import or export duties, suspension of implementation of that

decision may be approved only provided the duties are subject to the provision of

appropriate garantee.

Section 3

Application of other rules

Article 8

The provisions of this Law do not apply for payment of import duties or for

implementation of customs procedures provided such payments or implementation of the

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procedures is regulated otherwise under international agreements entered into by,

accepted or ratified by the Republic of Macedonia.

Article 9

(1) The custom authority collects import and export duties as well as other

charges and taxes in accordance with the rules governing such charges and taxes.

(2) Provided the actions of the customs authority on payment and lodging of a

security for these duties and taxes are not provided for with the rules referred to in

paragraph (1) of this Article, the customs authority shall apply the provisions laid down

in the customs rules.

Section 4

Information

Article 10

(1) Any interested person may request information concerning the application

of customs legislation from the customs authority. Such request may be refused where it

does not relate to an actually envisaged import or export operation.

(2) The information of paragraph (1) of this Article shall be supplied free of

charge to the applicant by the customs authority within 15 days from the day of making

the application. Where costs are incurred by the customs authority, in particular as a

result of analyses or expertises on goods, or as a result of the return of the goods to the

applicants, a relevant amount may be charged.

Article 11

(1) The customs authority shall issue binding tariff information and binding

origin information upon a written request.

(2) Binding tariff information or binding origin information shall be binding

on the customs authority as against the holder of the information only in respect of the

tariff classification or determination of the origin of goods. Binding tariff information or

binding origin information shall be binding on the customs authority only in respect of

goods on which customs formalities are completed after the date on which the

information was supplied. In matters of origin, the formalities in question shall be those

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relating to the application of the provisions of Articles 24 and 26 paragraph (2) item b) of

this Law.

(3) The holder of such information, upon request by the customs authority,

must be able to prove that:

- for tariff purposes: the goods declared correspond in every respect to those

described in the information and

- for origin purposes: the goods concerned and the circumstances determining

the acquisition of origin correspond in every respect to the goods and the

circumstances described in the information.

(4) The binding tariff information and the binding origin information shall be

valid for a period of three years in the case of origin, starting from the date of issue.

Binding information shall be annulled where it is based on inaccurate or incomplete

information from the applicant. The holder of the information shall be notified of the

annulment.

(5) Binding information shall cease to be valid:

a) in the case of tariff information:

1) where the rules in force are adopted or amended and the information

no longer conforms to them;

2) where the information it is no longer compatible with the interpretation

of one of the nomenclatures referred to in Article 19 of this Law:

- at national level, by reason of amendments and supplements to the

explanatory notes to the nomenclature of the Customs Tariff or by a

judgment passed by a competent court and

- at international level, by reason of a classification opinion or an

amendment or supplement of the explanatory notes to the Nomenclature

of the Harmonized Commodity Description and Coding System, adopted

by the World Customs Organisation established in 1952 under the name

‘the Customs Cooperation Council’ and

3) where the information is revoked or amended, provided that the

revocation or amendment is notified to the holder of the information.

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The date on which binding information ceases to be valid for the cases

referred to in item a) under 1 and 2 of this paragraph shall be the date of

official publication of the said measures and

b) in the case of origin information:

1) where rules are adopted or amended or an agreement is concluded by

the Republic of Macedonia and the information no longer conforms to the rules in

force;

2) where it is no longer compatible with:

- at national level, the explanatory notes or opinions adopted for the

purposes of interpreting rules or with a judgment of a competent court and

- at international level, the Agreement on Rules of Origin established

in the World Trade Organisation (WTO) or with the explanatory notes or

an origin opinion adopted for the interpretation of that Agreement and

3) where it is revoked or amended provided the holder is informed of such

revocation or amendment.

The date on which binding information ceases to be valid for the cases

referred to in item b) under 1 and 2 of this paragraph shall be the date

when the abovementioned measures are officially published.

(6) The holder of binding information which ceases to be valid pursuant to

paragraph (5) item a) under 2 and 3 or item b) under 2 and 3 of this Article may still use

that information for a period of six months from the date of official publication or

notification. This right may be used only provided that the holder of information

concluded a binding contract for the purchase or sale of the goods in question, on the

basis of the binding information, before the measure with which the binding information

ceases to be valid was adopted.

In the case of paragraph (5) item a) under 1 and item b) under 1 of this Article, the rules

or agreement may lay down a period within which the first sentence of this paragraph

shall apply.

(7) The classification or determination of origin in binding information may

be applied under the conditions laid down in paragraph (6) of this Article, solely for the

purpose of determining import or export duties.

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Part 5

Other Provisions

Article 12

(1) For the services rendered in the customs procedure, the customs authority

shall collect fees, the amount of which shall not exceed the actual costs and shall not be

indirect protection of domestic goods or taxation of the import or export for fiscal

purposes.

(2) The type and the amount of the customs fees referred to in paragraph (1)

of this Article are laid down by the Minister of Finance.

Article 13

(1) The customs authority may carry out all measures of customs supervision

and all controls it deems necessary to ensure appropriate application of the customs rules

and other regulations.

(2) Customs supervision and customs control shall be carried out selectively,

based on risk analysis, in order to identify the risk and to determine its size and to

develop the necessary measures for risk assessment based on the criteria developed on

national level.

(3) In exceptional circumstances such as to avoid the interference of traffic

through the border crossings or interference of the carrying out of the customs procedures

inside the customs area, the Minister of Finance may temporarily determine

simplifications for the carrying out of the measures of customs supervision and control.

Article 14

For the purposes of applying customs rules and other regulations, any person

directly or indirectly involved in the operations concerned for the purposes of trade in

goods shall provide the customs authority with all the requisite documents and

information, irrespective of the data medium used, and all the requisite assistance at its

request and by any time limit prescribed in accordance with those rules and regulations.

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Article 15

(1) Any person carrying on a business in the Republic of Macedonia who is obliged

to keep accounts in accordance with law shall, in accordance with the requirements of

that business, keep accounts of the assets and liabilities and of all matters relating to that

business. The related books of account, documents and other data media shall be kept in

such a manner that his rights and obligations and the information of relevance to the

levying of import duties shall at all times be clear.

(2) The prescribed accounts of paragraph (1) of this Article shall be kept, filed,

recorded and prepared in accordance with law.

(3) The information recorded on a data medium may be transferred to and stored on

a different data medium provided the information is transferred accurately and

completely and is available throughout the period it must be kept.

(4) The persons that shall in accordance with customs rules keep accounts must

keep the accounts in a manner allowing a link with the tax account and other accounts

referred to in paragraph (1) of this Article.

(5) All customs documents related to the accounts shall also be considered to be

such accounts as those referred to in paragraph (4) of this Article.

(6) The accounts shall be organised and kept, i.e. the data media shall be kept in

such a way that allows them to be examined by the customs authority. To that end, those

obliged to keep accounts shall provide necessary assistance, including provision of the

requisite insight into the design, organisation and operation of the accounting system.

Article 16

All information which is by nature confidential or which is provided on a

confidential basis shall be kept by the customs authority as a professional secret. The

confidential information shall not be disclosed by the customs authority without the

express permission of the person or authority providing it. The communication of

confidential data shall be permitted where the customs authority is obliged or authorised

to do so pursuant to the provisions in force in respect of data protection, or in connection

with actual legal proceedings.

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Article 17

(1) The person involved in customs procedure shall keep the documents referred

to in Article 14 of this Law for the purposes of control by the customs authority, for the

period laid down in the provisions in force and for no less than five calendar years,

irrespective of the data medium used. That period shall run:

a) in the case of goods released for free circulation in circumstances other than

those referred to in item b) of this paragraph or goods declared for export,

from the last day of the calendar year in which the customs declarations for

release for free circulation or export are accepted;

b) in the case of goods released for free circulation at a reduced or zero rate of

import duty on account of their end-use, from the last day of the calendar year

in which they cease to be subject to customs supervision;

c) in the case of goods placed under another customs procedure, from the last

day of the calendar year in which the customs procedure concerned is

completed and

d) in the case of goods placed in a free zone or free warehouse, from the end of

the calendar year on which they leave the undertaking concerned.

(2) Without prejudice to the provisions of Article 246 of this Law, where a

check carried out by the customs authority in respect of a customs debt shows that the

relevant entry in the accounts has to be corrected, the documents shall be kept beyond the

time limit provided for in paragraph (1) of this Article for a period sufficient to permit the

correction to be made and checked.

Article 18

Where a period is determined for the purpose of applying customs rules, such

period shall not be extended unless specific provision is made in the customs rules

concerned.

TITLE 2

BASES FOR DETERMINATION OF THE IMPORT I.E.

EXPORT DUTIES AND OF THE OTHER MEASURES PRESCRIBED

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IN RESPECT OF TRADE IN GOODS

CHAPTER 1

CUSTOMS TARIFF AND TARIFF CLASSIFICATION OF GOODS

Article 19

(1) Duties legally owed where a customs debt is incurred shall be determined

on grounds of the Customs Tariff of the Republic of Macedonia.

(2) The other measures prescribed by provisions governing specific fields relating

to trade in goods shall, where appropriate, be applied according to the tariff classification

of those goods.

(3) The Customs Tariff of the Republic of Macedonia shall comprise:

a) nomenclature of goods based on the International Convention on the

Harmonised Commodity Description and Coding System (Harmonised

System) and the Combined nomenclature of the European Union;

b) any other nomenclature which is wholly or partly based on the nomenclature

referred to in this paragraph under a) which adds any subdivisions to it, and

which is established by provisions governing specific fields with a view to the

application of tariff measures relating to trade in goods;

c) the customs rate and the amount of the duties applicable to goods covered by

the nomenclature referred to in under item a) of this paragraph;

d) the preferential tariff measures contained in agreements which the Republic of

Macedonia has concluded with certain countries, groups of countries and

which provide for approval of preferential tariff treatment;

(e) preferential tariff measures adopted unilaterally by the Republic of Macedonia

in respect of certain countries, group of countries or territories;

(f) autonomous measures providing for reduction or suspension of import duties

chargeable on certain goods and

(g) other tariff measures provided for by other legislation.

(4) The measures referred to in paragraph (3) items d), e) and f) of this Article

shall apply at the declarant's request instead of the customs rate and the amount of the

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duties provided for in paragraph (3) item c) of this Article where the goods concerned

fulfil the conditions laid down.

(5) Where application of the measures referred to in paragraph (3) items d), e)

and f) of this Article is restricted to a certain volume of imports, it shall cease:

a) in the case of tariff quotas, as soon as the stipulated limit on the volume of

imports is reached and

b) in the case of tariff ceilings, in accordance with the rules in force.

(6) The tariff classification of goods shall be the determination, according to

the rules in force, of tariff headings, tariff subheadings and tariff codes of the Customs

Tariff of the Republic of Macedonia under which the aforesaid goods are to be classified.

(7) The Government of the Republic of Macedonia on proposal by the

Minister of Economy, determined in agreement with the Minister of Finance and with

prior consultation with the Minister of Agriculture, Forestry and Water Management or

other Minister managing the state administration authority of the related field, having

regard to the type of goods, shall prescribe autonomous measures providing for reduction

or suspension of the import duties referred to in paragraph (3) item f) of this Article. The

measures of this paragraph shall be provided for goods that are not produced in the

Republic of Macedonia or are not produced in sufficient quantities or do not correspond

to the special needs of the local industry. Autonomous measures for reduction or

suspension of import duties may be determined for a defined or undefined period, as well

as for a limited or unlimited quantity of goods.

(8) The Government of the Republic of Macedonia on proposal by the

Minister of Economy, determined in agreement with the Minister of Finance and with

prior consultation with the Minister of Agriculture, Forestry and Water Management or

other Minister managing the state administration authority of the related field, having

regard to the type of goods, prescribes in more detail the conditions which must be

complied with for goods to be subject to autonomous measures for reduction or

suspension of import duties, the procedure for introduction of autonomous measures, as

well as the manner of their distribution or use.

Article 20

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(1) The favourable tariff treatment from which certain goods may benefit by

reason of their nature or end-use shall be subject to the detailed conditions laid down in

accordance with the regulation referred to in Article 257 of this Law. Where under this

regulation the granting of an authorisation is required, Articles 99 and 100 of this Law

shall apply.

(2) For the purposes of paragraph (1) of this Article, the expression

‘favourable tariff treatment’ means a reduction in or suspension of the import duties

referred to in Article 4 item 9) of this Law, even within the framework of a tariff quota.

CHAPTER 2

ORIGIN OF GOODS

Section 1

Non-preferential origin of goods

Article 21

The provisions of Articles 22, 23, 24 and 25 of this Law define the non-

preferential origin of goods for the purposes of:

a) applying the Customs Tariff of the Republic of Macedonia with the exception

of the measures referred to in Article 19 paragraph (3) items d) and e) of this

Law;

b) applying measures other than tariff measures established by provisions

governing specific fields relating to trade in goods and

c) the preparation and granting of certificates of origin.

Article 22

(1) Goods originating in a country shall be those wholly obtained or produced

in that country.

(2) The expression ‘goods wholly obtained in a country’ means:

a) mineral products extracted within that country;

b) vegetable products harvested therein;

c) live animals born and raised therein;

d) products derived from live animals raised therein;

17

e) products of hunting or fishing carried on therein;

f) products of sea-fishing and other products taken from the sea outside a

country's territorial sea by vessels registered or recorded in the country

concerned and flying the flag of that country;

g) goods obtained or produced on board factory ships from the products referred

to in item f) of this paragraph originating in that country, provided that such

factory ships are registered or recorded in that country and fly its flag;

h) products taken from the seabed or subsoil beneath the seabed outside the

territorial sea provided that that country has exclusive rights to exploit that

seabed or subsoil;

i) waste and scrap products derived from manufacturing operations and used

articles, if they were collected therein and are fit only for the recovery of raw

materials and

j) goods which are produced therein exclusively from goods referred to in items

a) to i) of this paragraph or from their derivatives, at any stage of production.

(3) For the purposes of paragraph (2) the expression ‘country’ also covers that

country's territorial sea.

Article 23

Goods whose production involved more than one country shall be deemed to

originate in the country where they underwent their last, substantial, economically

justified processing or working in an undertaking equipped for that purpose and resulting

in the manufacture of a new product or representing an important stage of manufacture.

Article 24

Any processing or working in respect of which it is established, or in respect of

which the facts as ascertained, justify the presumption, that its sole object was to

circumvent the provisions applicable in the Republic of Macedonia to goods from

specific countries, shall under no circumstances be deemed to confer on the goods thus

produced the origin of the country where it is carried out within the meaning of Article 23

of this Law.

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Article 25

(1) Customs legislation or other legislation of the Republic of Macedonia

governing specific fields may provide that a document must be produced as proof of the

origin of goods.

(2) Notwithstanding the production of such document as referred to in

paragraph (1) of this Article the customs authority may, in the event of reasonable doubts,

require presentation of any additional proof to ensure that the indication of origin does

indeed comply with customs rules.

Section 2

Preferential origin of goods

Article 26

(1) The rules on preferential origin shall lay down the conditions governing

acquisition of origin which goods must fulfil in order to benefit from the measures

referred to in Article 19 paragraph (3) item d) or e) of this Law.

(2) The rules of paragraph (1) of this Article shall:

a) in the case of goods covered by the agreements referred to in Article 19

paragraph (3) item d) of this Law, be determined in those agreements and

b) in the case of goods benefiting from the preferential tariff measures referred to

in Article 19 paragraph (3) item e) of this Law, be determined in accordance

with the regulation referred to in Article 257 of this Law.

CHAPTER 3

VALUE OF GOODS FOR CUSTOMS PURPOSES

Article 27

The provisions of this Chapter shall determine the customs value of goods for the

purposes of applying the Customs Tariff and non-tariff measures laid down by special

provisions governing specific fields relating to trade in goods.

Article 28

19

(1) The customs value of imported goods shall be the transaction value, that

is, the price actually paid or payable for the goods when sold for export to the customs

area of the Republic of Macedonia, adjusted, where necessary, in accordance with

Articles 35 and 36 of this Law, provided:

a) that there are no restrictions as to the disposal or use of the goods by the

buyer, other than restrictions which:

— are provided for under the regulations of the Republic of Macedonia,

— limit the geographical area in which the goods may be resold or

— do not substantially affect the value of the goods;

b) that the sale or price is not subject to some condition or consideration for

which a value cannot be determined with respect to the goods being valued;

c) that no part of the proceeds of any subsequent resale, disposal or use of the

goods by the buyer will accrue directly or indirectly to the seller, unless an

appropriate adjustment can be made in accordance with Article 35 of this Law

and

d) that the buyer and seller are not related, or, where the buyer and seller are

related, that the transaction value is acceptable for customs purposes in

accordance with paragraph (2) of this Article.

(2) a) In determining whether the transaction value is acceptable for the purposes

of paragraph (1) of this Article, the fact that the buyer and the seller are

related shall not in itself be sufficient grounds for regarding the transaction

value as unacceptable. In such case, the circumstances surrounding the

sale shall be examined and the transaction value shall be accepted

provided that the relationship did not influence the price. If, in the light of

information provided by the declarant or otherwise, the customs authority

has reasons for considering that the relationship influenced the price, it

shall communicate its reasons to the declarant and he shall be given a

reasonable opportunity to respond. If the declarant so requests, the

communication of the reasons shall be in writing;

b) In a sale between related persons, the transaction value shall be

accepted and the goods valued in accordance with the provisions of

20

paragraph (1) of this Article wherever the declarant demonstrates that

such value closely approximates to one of the following occurring at

or about the same time:

1) the transaction value in sales, between buyers and sellers who are

not related in any particular case, of identical or similar goods for

export to the Republic of Macedonia;

2) the customs value of identical or similar goods, as determined

under Article 32 of this Law and

3) the customs value of identical or similar goods, as determined

under Article 33 of this Law.

In applying the foregoing tests, due account shall be taken of

demonstrated differences in commercial levels, quantity levels, the

elements enumerated in Article 35 of this Law and costs incurred by

the seller in sales in which he and the buyer are not related and where

such costs are not shown in sales in which he and the buyer are related.

c) The criteria set forth in paragraph (2) item b) of this Article are to be

used at the request of the declarant and only for comparison purposes

and not for substitution of values.

(3) a) The price actually paid or payable is the total payment made or to be made

by the buyer to or for the benefit of the seller for the imported goods and

includes all payments made or to be made as a condition of sale of the

imported goods by the buyer to the seller or by the buyer to a third party to

satisfy an obligation of the seller. The payment need not necessarily take

the form of a transfer of money. Payment may be made by way of letters

of credit or negotiable instrument and may be made directly or indirectly

and

b) Activities, including marketing activities, undertaken by the buyer on his

own account, other than those for which an adjustment of the value is

provided in accordance with Article 35 of this Law, are not considered to

be an indirect payment to the seller, even though they might be regarded

as of benefit to the seller or have been undertaken by agreement with the

21

seller. Their cost shall not be added to the price actually paid or payable in

determining the customs value of imported goods.

Article 29

(1) a) Where the customs value cannot be determined under Article 28 of

this Law, the transaction value of identical goods sold for export to the

Republic of Macedonia and exported at or about the same time as the

goods being valued, shall be considered as customs value.

b) When this Article is applied, in the determining of the customs value,

the transaction value of the identical goods sold at a same commercial

level, and mainly in the same quantity as the goods being valued is

used. When such sale is not found, the transaction value of identical

goods sold at a different commercial level and/or in different quantities

is used with the necessary adjustments in regard to the differences in

the commercial level and/or the quantity, and under the condition that

such adjustment may be made based on evidence making clear the

justification and accuracy of the adjustment regardless of the fact

whether the value is increased and/or decreased with the adjustment.

(2) When the costs and charges referred to in Article 35 paragraph (1) item d) of

this Law are included in the transaction value, an adjustment is to be made in order to

take into account the substantial differences of those costs and charges of the imported

goods and the identical goods arising from the difference in distance and type of

transport.

(3) If when this Article is applied, more than one transaction value of identical

goods is established, the lowest such value is used to determine the customs value of the

imported goods.

Article 30

(1) a) If the customs value of the imported goods cannot be determined in accordance

with Articles 28 and 29 of this Law, the transaction value of similar goods shall

22

be considered as customs value, sold for export to the Republic of Macedonia and

exported at the same or about the same time as the goods being valued.

b) When this Article is applied, in the determining of the customs value, the

transaction value of similar goods sold at the same commercial level and mainly

in the same quantity as the goods being valued is used. When such sale is not

found, the transaction value of similar goods sold at a different commercial level

and/or in different quantities shall be used with the necessary adjustments in

regard to the differences in the commercial level and/or the quantity, and under

the condition that such adjustment may be made based on evidence making clear

the justification and accuracy of the adjustment regardless of the fact whether the

value is increased and/or decreased with the adjustment.

(2) When the charges referred to in Article 35 paragraph (1) item e) of this Law

are included in the transaction value, an adjustment is to be made in order to take into

account the substantial differences of those costs and charges of the imported goods and

the similar goods arising from the difference in distance and type of transport.

(3) If when this Article is applied more than one transaction value of similar

goods is established, the lowest such value is used to determine the customs value of the

imported goods.

Article 31

If the customs value of the imported goods cannot be determined in accordance

with Articles 28, 29 and 30 of this Law, the customs value shall be determined in

accordance with Article 32 of this Law. If the customs value cannot be determined in

accordance with Article 32 of this Law, the customs value shall be determined in

accordance with Article 33 of this Law, except in the case when the declarant requests the

order of application of Article 32 and Article 33 of this Law to be changed.

Article 32

(1) a) If the imported goods or identical or similar imported goods are sold in

the Republic of Macedonia in the same condition in which they were

imported, the customs value of such imported goods, in accordance with the

23

provisions of this Article, is to be established on the basis of the unit price

to which the imported or identical or similar imported goods in such

condition, in the greatest aggregate quantity, are sold to persons who are not

related to the persons they purchase the goods from, at the same or about the

same importation time as the valued goods, under the condition that the

price is reduced of the amount of:

1) The usual commissions payable or agreed to be paid or the usual

increases the purpose of which is a larger profit and general expenses

(including direct and indirect expenses for marketing of the subject goods)

related to the sale in the Republic of Macedonia of imported goods of the

same class or type;

2) The usual transportation costs and insurance and other related costs

incurred in the Republic of Macedonia;

3) The charges referred to in Article 35 paragraph (1) item e) of this Law,

where applicable, and

4. The import duties and other charges payable in the Republic of

Macedonia for the importation or sale of goods.

b) If neither the imported goods nor the identical or similar imported goods

are sold at the same or about the same time of the importation of the goods

being valued, the customs value of the goods subject to the provisions of

paragraph (1) item a) of this Article, shall be determined by the unit price at

which the imported or identical or similar imported goods were sold in the

Republic of Macedonia in the same condition they were imported in, at the

earliest date following the importation of the goods being valued, but prior

to the expiration of 90 days of such import.

(2) If in the Republic of Macedonia, the imported goods or identical or similar

imported goods are not sold in the same condition as on importation, in that case, if the

importer so requires, the customs value shall be determined based on the unit price at

which the imported goods, after further processing, are sold in the greatest aggregate

quantity to persons in the Republic of Macedonia who are not related to the persons they

are buying the goods from, under the condition that in the valuating process, the value

24

incurred with the processing and the reductions referred to in paragraph (1) item a) of this

Article, are considered.

Article 33

(1) The customs value of the imported goods, in accordance with the

provisions of this Article, is determined on the basis of the computed value. The

computed value is a sum of:

a) the value of the material and the costs of production or other processing

employed in the producing of the imported goods;

b) the amount of profit and general expenses equal to the amount usually reflected

in the sale of goods of the same class or kind as the goods being valued which are

made by producers in the country of exportation for export in the Republic of

Macedonia and

c) the cost or value of the items referred to in Article 35 paragraph (1) under e) of

this Law.

(2) Any person who is not a resident of the Republic of Macedonia may not

be requested or forced to provide inspection or allow access to any receipt or other

document for the purpose of determining the computed value. The customs authority may

check the data provided on behalf of the manufacturer of the goods for the purpose of

determining the customs value in accordance with this Article in another country, with

the previous authorisation of the manufacturer and under the condition that the authorities

of the respective country are timely notified and do not withstand the inspection.

Article 34

(1) If the customs value of imported goods cannot be established based on

Articles 28, 29, 30, 31, 32, and 33 of this Law, it shall be established on the basis of data

accessible in the Republic of Macedonia with the use of justifiable means which are in

accordance with the principles and provisions contained in:

- the Agreement for application of Article 7 of the General Customs Duty and

Trade Agreement of 1994,

- Article 7 of the General Customs Duty and Trade Agreement and

25

- Article 27, including Article 45 of this Law.

(2) In accordance with the provisions of this Article, the customs value cannot

be determined on the basis of:

a) the selling price in the Republic of Macedonia of goods produced in the

Republic of Macedonia;

b) a system which provides for customs purposes acceptance of the higher of the

two alternative values;

c) the price of goods on the local market of the exporting country;

d) the cost of production, other than computed values which have been

determined for identical or similar goods in accordance with the provisions of

Article 33 of this Law;

e) price of the goods for export to a country other than the Republic of

Macedonia;

f) minimum customs values or

g) arbitrary or fictitious values.

Upon request, the importer shall be notified in writing of the customs value determined in

accordance with the provisions of this Article and of the methods applied in the

determination of such value.

Article 35

(1) In determining the customs value under Article 28 of this Law, there shall be

added to the price actually paid or payable for the imported goods:

a) the following, to the extent that they are incurred by the buyer but are not

included in the price actually paid or payable for the goods:

1) commissions and brokerage, except buying commissions;

2) the cost of containers which are treated as being one, for customs

purposes, with the goods in question,

3) the cost of packing, whether for labour or materials;

b) the value, apportioned as appropriate, of the following goods and services

where supplied directly or indirectly by the buyer free of charge or at reduced cost

for use in connection with the production and sale for export of the imported

26

goods, to the extent that such value has not been included in the price actually

paid or payable:

1) materials, components, parts and similar items incorporated in the

imported goods;

2) tools, dies, moulds and similar items used in the production of the

imported goods;

3) materials consumed in the production of the imported goods and

4) engineering, development, artwork, design work, and plans and

sketches undertaken elsewhere than in the Republic of Macedonia and

necessary for the production of the imported goods;

c) royalties (fees or revenue percentage paid to the holder of the intellectual

property right) and licence fees related to the goods being valued that the buyer

must pay, either directly or indirectly, as a condition of sale of the goods being

valued, to the extent that such royalties and fees are not included in the price

actually paid or payable;

d) the value of any part of the proceeds of any subsequent resale, disposal or use

of the imported goods that accrues directly or indirectly to the seller and

e) 1) the cost of transport and insurance of the imported goods to the point of

entrance in the customs area of the Republic of Macedonia and

2) loading, unloading and handling charges associated with the transport

of the imported goods to the place of introduction into the customs area of

the Republic of Macedonia.

(2) Additions to the price actually paid or payable shall be made under this

Article only on the basis of objective and quantifiable data.

(3) No additions shall be made to the price actually paid or payable in

determining the customs value except as provided in this Article.

(4) In this Chapter, the term ‘buying commissions’ means fees paid by an

importer to his agent for the service of representing him abroad in the purchase of the

goods being valued.

(5) Notwithstanding paragraph (1) item c) of this Article:

27

a) charges for the right to reproduce the imported goods in the Republic of

Macedonia shall not be added to the price actually paid or payable for the

imported goods in determining the customs value and

b) payments made by the buyer for the right to distribute or resell the

imported goods shall not be added to the price actually paid or payable for

the imported goods if such payments are not a condition of the sale for

export to the Republic of Macedonia of the goods.

Article 36

Provided that they are shown separately from the price actually paid or payable,

the following shall not be included in the customs value:

a) charges for the transport of goods after their arrival at the place of introduction

into the customs area of the Republic of Macedonia;

b) charges for construction, erection, assembly, maintenance or technical

assistance, undertaken after importation of industrial plants, machinery or

equipment;

c) charges for interests under a financing arrangement entered into by the buyer

and relating to the purchase of imported goods, irrespective of whether the

finance is provided by the seller or another person, provided that the financing

arrangement has been made in writing, and where required, the buyer can

demonstrate that:

— such goods are actually sold at the price declared as the price actually

paid or payable, and

— the claimed rate of interest does not exceed the level for such

transactions prevailing in the country where, and at the time when, the

finance was provided;

d) charges for the right to reproduce imported goods in the Republic of

Macedonia;

e) buying commissions;

f) import duties or other charges payable in the Republic of Macedonia by

reason of the importation or sale of the goods.

28

Article 37

All price reductions are not included in the customs value, in accordance with

Article 28 of this Law if agreed before the completed importation and within the agreed

period.

Article 38

The customs value of goods imported without paying the counter-value shall be

determined in compliance with the provisions stipulated in Articles 29 through 34 of this

Law.

Article 39

(1) Notwithstanding the provisions of Articles 27 to 45 of this Law, in

determining the customs value of imported carrier media for use in automated data

processing equipment and bearing data or instructions, only the costs or the value of the

data carriers is considered. The customs value of the imported data or instructions carriers

shall not include the costs or the value of the data or instructions, provided that the costs

or values are separated from the costs or value of the data carriers.

(2) For the purpose of this Article:

a) the expression ‘data carriers’ does not apply to integrated circuits,

semiconductors and similar devices or products in which such integrated

circuits or devices are incorporated and

b) the expression ‘data or instructions’ does not apply to audio,

cinematographic or video records.

Article 40

(1) When importing goods for which the obligation pertaining to Article 35

paragraph (1) items b), c), d) of this Law is contracted, the importer shall state so in the

customs declaration.

(2) The importer shall declare to the customs authority the resale, disposal, or

use of the imported goods from which the obligation of payment of a certain amount to

29

the seller in accordance with Article 35 paragraph (1) item d) of this Law arises, within

30 days at latest, following the date of payment.

Article 41

(1) Where a delivery consists of several kinds of goods that are subject to

customs clearance by different customs rates, the costs pertaining to the purchase of the

goods expressed in total amount for the whole delivery, as well as the costs for

transportation, insurance and delivery are calculated proportionally to the value of each

type of goods.

(2) As exception to paragraph (1) of this Article, the customs authority may,

upon request by the declarant, add the costs from paragraph (1) of this Article related to

the several types of goods in one delivery to the value of the goods for which the import

duties are the highest.

Article 42

(1) The customs authority may in the customs procedure request that the

declarant provides all documents and data needed for the determining of the customs

value in accordance with Articles 28 to 36 of this Law.

(2) The provisions from Articles 27 to 45 of this Law shall not limit nor put in

question the right of the customs authority to determine the authenticity and the accuracy

of any statement, document or declaration presented for the purpose of determining the

customs value.

(3) If an invoice is not presented for justifiable reasons, i.e. the customs

authority has grounds for reasonable doubt that the value of the goods listed in the

invoice does not comply with the provisions for transaction value of this Law, the

customs value shall be determined on the basis of the provisions of Articles 29 to 34 of

this Law.

(4) Upon written request, the importer has the right to receive by the customs

authority clarification in writing of the manner of determining the customs value of the

imported goods.

30

Article 43

If in the procedure of determining the customs value it is necessary to convert the

foreign into local currency, the foreign currency shall be calculated in accordance with

the average exchange rate determined by the National Bank of the Republic of

Macedonia. The manner of application of the average exchange rate in the procedure of

determining the customs value is prescribed by the Minister of Finance.

Article 44

If in the procedure of determining the customs value of the imported goods it is

necessary to postpone the final determination of the customs value, the declarant may

receive the goods, under the condition that a security for the payment of the customs debt

is provided for in accordance with Article 204, 208, 210, 211, 213, 214 and 215 of this

Law, in an amount covering the final payment of the customs debt that may be incurred.

Article 45

The provisions of this Chapter shall be without prejudice to the specific

provisions of this Law or the regulation of Article 257 of this Law regarding the

determination of the value, for customs purposes, of goods released for free circulation

after being assigned a different customs-approved treatment or use of goods.

TITLE 3

PROVISIONS APPLICABLE TO GOODS BROUGHT INTO THE

CUSTOMS AREA UNTIL THEY ARE ASSIGNED A CUSTOMS-APPROVED

TREATMENT OR

USE

CHAPTER 1

ENTRY OF GOODS INTO THE CUSTOMS AREA

Article 46

(1) Foreign goods may be entered into the customs area through customs

border crossings at the time when they are open for circulation.

31

(2) The customs border crossings through which goods and passenger

circulation is effected in accordance with customs or other rules and their categorization

are determined by the Government of the Republic of Macedonia on proposal by the

Minister of Finance. For the design, construction and reconstruction of premises at the

customs border crossings, the consent of the Minister of Finance is required upon prior

opinion given by the Director of the Customs Administration.

(3) Circulation of goods which are subject to phyto-sanitary, veterinary or

other prescribed control is allowed only through border crossings which in accordance

with appropriate rules are designated for entrance and exit of such goods.

(4) In case of exceptional circumstances, force majeure, greater disturbance of

public order and the safety of the country, the Government of the Republic of Macedonia

may prescribe that the entry and exit of goods or of certain goods is to be carried out only

through certain border crossings.

Article 47

(1) Goods brought into the customs area shall, from the time of their entry, be

subject to customs supervision. They may be subject to control by the customs authority

in accordance with the provisions in force.

(2) They shall remain under customs supervision for as long as necessary to

determine their customs status. In the case of foreign goods and without prejudice to

Article 95, paragraph (1) of this Law, the goods remain under customs supervision until

their customs status is changed, they enter a free zone or free warehouse, they are re­

exported or destroyed in accordance with Article 191 of this Law.

Article 48

(1) Goods brought into the customs area shall be conveyed by the person

bringing them into the Republic of Macedonia without delay, by the route specified by

the customs authority and in accordance with its instructions to:

a) the customs authority at the border crossing or to any other place designated or

approved by the customs authority or

b) a free zone, if the goods are to be brought into that free zone directly:

32

— by waterway or air or

— by land without passing through another part of the customs area where

the free zone adjoins the land frontier between the Republic of Macedonia

and a third country.

(2) The customs authority referred to in paragraph (1) item a) of this Article

shall be the closest customs authority after the border line on the shortest regular route.

(3) Any person who assumes responsibility for the carriage of goods after

they have been brought into the customs area, inter alia as a result of transhipment, shall

become responsible for compliance with the obligation laid down in paragraph (1) of this

Article.

(4) The provisions of paragraph (1) item a) of this Article do not preclude the

application of any of the regulations in force concerning tourist, border, postal traffic or

traffic of insignificant economic importance, provided that this does not jeopardize the

possibility of carrying out customs supervision and customs control.

(5) Paragraph (1) shall not apply to goods on board aircraft crossing the

airspace of the Republic of Macedonia without having as their destination an airport

situated in the Republic of Macedonia.

Article 49

(1) Where, by reason of unforeseeable circumstances or force majeure, the

obligations laid down in Article 48 paragraph (1) of this Law cannot be complied with,

the person bound by that obligation or any other person taking actions in his place shall

inform the competent customs authority of the situation without delay. Where the

unforeseeable circumstances or force majeure do not result in total loss of the goods, the

customs authority shall also be informed of the precise location of the goods.

(2) Where, by reason of unforeseeable circumstances or force majeure, an

aircraft referred to in Article 48 paragraph (4) of this Law is forced to land temporarily in

the customs area, and the obligation laid down in Article 48 paragraph (1) of this Law

cannot be complied with, the person bringing the aircraft into the customs area or any

other person taking actions in his place shall inform the customs authority of the situation

without delay.

33

(3) The customs authority shall determine the measures to be taken in order to

permit customs supervision of the goods referred to in paragraph (1) of this Article as

well as of those on board the aircraft in accordance with paragraph (2) of this Article and,

where appropriate, to ensure that they are subsequently conveyed to the customs

authority or other place designated or approved by the customs authority.

CHAPTER 2

PRESENTATION OF GOODS TO THE CUSTOMS AUTHORITY

Article 50

(1) Goods which, pursuant Article 48 paragraph (1) item a) of this Law, arrive at

the customs authority at the border crossing or other place designated or approved by the

customs authority shall be presented to the customs authority by the person who brought

the goods into the customs area or, if appropriate, by the person who assumes

responsibility for carriage of the goods following such entry.

(2) The customs authority shall designate the places where the goods shall be

presented and the prescribed formalities carried out.

Article 51

The provisions of Article 50 of this Law shall not preclude the application of the

rules in force relating to goods:

a) carried by travellers;

b) placed under a customs procedure, but not presented to the customs authority.

Article 52

Once they have been presented, and in order that they may be assigned a customs-

approved treatment or use, the goods may be examined or samples may be taken with the

permission of the customs authority. Such permission shall be granted, upon request, to

the person authorised to assign the goods such treatment or use.

CHAPTER 3

SUMMARY DECLARATION AND UNLOADING OF GOODS

34

PRESENTED TO THE CUSTOMS AUTHORITY

Article 53

(1) Goods presented to the customs authority, with the exception of goods

subject to Article 55 of this Law, shall be covered by a summary declaration.

(2) The summary declaration shall be lodged once the goods have been

presented to the customs authority. The customs authority may, however, allow a period

for lodging the declaration which shall not extend beyond the first working day following

the day on which the goods are presented to the customs authority.

Article 54

(1) The summary declaration shall be made on the form provided for in the

provision of Article 257 of this Law. The customs authority may also permit the use of

any commercial or official document which contains the particulars necessary for

identification of the goods as a summary declaration.

(2) The summary declaration shall be lodged by:

a) the person who brings the goods into the customs area or by any person

who assumes responsibility for carriage of the goods following such entry

and

b) the person in whose name the person referred to in item a) of this

paragraph acts.

Article 55

Without prejudice to the provisions of the customs and other regulations

governing goods imported by travellers and consignments by letter and parcel post, the

customs authority may waive the lodging of a summary declaration under the condition

that this does not jeopardize the customs supervision of the goods and where, prior to the

expiry of the period referred to in Article 53 of this Law, the formalities necessary for the

goods to be assigned a customs approved treatment or use are carried out.

Article 56

35

(1) Goods may be unloaded or transhipped from the means of transport

carrying them solely with the permission of the customs authority in places designated or

approved by that customs authority. Such permission shall not be required in the event of

imminent danger necessitating the immediate unloading of all or part of the goods. In that

case, the customs authority shall be informed accordingly forthwith.

(2) For the purpose of inspecting goods and the means of transport carrying

them, the customs authority may at any time require goods to be unloaded and unpacked.

Article 57

Goods shall not be removed from their original position without the permission of

the customs authority.

CHAPTER 4

OBLIGATION TO ASSIGN GOODS PRESENTED TO THE CUSTOMS

AUTHORITY A CUSTOMS-APPROVED TREATMENT OR USE

Article 58

Foreign goods presented to the customs authority shall be assigned a customs-

approved treatment or use approved for such foreign goods.

Article 59

(1) Where goods are covered by a summary declaration, the formalities

necessary for them to be assigned a customs-approved treatment or use must be carried

out within 20 days from the date on which the summary declaration is lodged.

(2) By way of derogation from paragraph (1) of this Article, where

circumstances so warrant, the customs authority may set a shorter period or authorise an

extension of the period referred to in paragraph (1) of this Article. Such extension shall

not, however, exceed the genuine requirements which are justified by the circumstances.

CHAPTER 5

TEMPORARY STORAGE OF GOODS

Article 60

36

Until such time as they are assigned a customs-approved treatment or use, goods

presented to a customs authority shall, following such presentation, have the status of

goods in temporary storage (hereinafter reffered to as ‘goods in temporary storage’).

Article 61

(1) Goods in temporary storage shall be stored only in places approved by the

customs authority in the manner determined by that authority.

(2) The customs authority may require the person holding the goods to

provide a security with a view to ensuring payment of any customs debt which may arise

under Articles 218 or 219 of this Law.

Article 62

Without prejudice to the provisions of Article 52 of this Law, goods in temporary

storage shall be subject only to such forms of handling as are designed to ensure their

preservation in an unaltered state without modifying their appearance or technical

characteristics.

Article 63

(1) Where the formalities necessary for the assigning of a customs-approved

treatment or use for the goods are not initiated within the period determined in

accordance with Article 59 of this Law, the customs authority shall without delay take all

measures necessary, including the sale of the goods, to regularize the occurred situation.

(2) The customs authority may, at the risk and expense of the person holding

the goods, have them transferred to a special place, which is under customs supervision,

until the situation is regularized.

CHAPTER 6

PROVISIONS APPLICABLE TO FOREIGN GOODS UNDER A TRANSIT

PROCEDURE

Article 64

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The provisions of Article 48 of this Law, with the exception of paragraph (1) item

a) thereof, and Articles 49 to 63 of this Law shall not apply when goods already placed

under a transit procedure are brought into the customs area.

Article 65

Once foreign goods which have moved under a transit procedure reach their

destination in the customs area and have been presented to the customs authority in

accordance with the rules governing transit, the provisions of Articles 52 to 63 of this

Law shall apply.

CHAPTER 7

OTHER PROVISIONS

Article 66

Where the circumstances so require, the customs authority may have goods

presented to customs destroyed. The customs authority shall inform the holder of the

goods accordingly. The costs of destroying the goods shall be borne by the holder of the

goods.

Article 67

Where the customs authority finds that goods have been unlawfully brought into

the customs area or have been withheld from customs supervision, it shall take any

measures necessary, including sale of the goods, in order to regularize the occurred

situation.

TITLE 4

CUSTOMS-APPROVED TREATMENT OR USE OF GOODS

CHAPTER 1

GENERAL PROVISIONS

Article 68

(1) Save as otherwise provided with the customs and other regulations, goods

may at any time and under the conditions laid down, be assigned any customs-approved

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treatment or use irrespective of their nature or quantity, or their country of origin,

consignment or final destination.

(2) Notwithstanding paragraph (1) of this Article, customs approved treatment

or use of goods shall not be assigned if it precludes the imposition of prohibitions or

restrictions prescribed as special measures for the purpose of security and public

morality, the preservation of the health and life of humans, animals and plants, the

protection of the living environment, the protection of natural rarities, protection of

cultural heritage with artistic, historic, archaeological, ethnological value, or technical

values, the protection of copyright and other related rights and industrial property rights,

as well as other measures of commercial policy prescribed by law.

CHAPTER 2

CUSTOMS PROCEDURES

Section 1

Placing of goods under a customs procedure

Article 69

(1) All goods intended to be placed under a customs procedure shall be

covered by a customs declaration for that customs procedure.

(2) Domestic goods declared for an export, outward-processing, transit or

customs warehousing procedure shall be subject to customs supervision from the time of

acceptance of the customs declaration until such time as they leave the customs area or

are destroyed or the customs declaration is invalidated.

Article 70

(1) The Government of the Republic of Macedonia on proposal by the

Minister of Finance may determine certain types of goods, due to their specific attributes

to be suitable, in regard to customs actions, to be the subject of actions of only certain

customs authorities.

(2) The Director of the Customs Administration shall determine the customs

authorities for the release for free circulation of certain types of goods, account being

taken of the nature of the goods.

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Article 71

The customs declaration shall be made:

a) in writing;

b) using a data-processing technique in accordance with the rules and with

the authorisation of the customs authority or

c) orally or by means of any other act whereby the holder of the goods

expresses his wish to place the goods under a customs procedure, where

such a possibility is provided for under the regulation referred to in Article

257 of this Law.

A. Customs Declaration in Writing

1. Normal procedure

Article 72

(1) A customs declaration in writing shall be made on a form prescribed under

the provision of Article 257 of this Law. The customs declaration in writing shall be

signed and must contain all the particulars necessary for implementation of the customs

rules governing the customs procedure for which the goods are declared.

(2) The customs declaration shall be accompanied by all the documents

required for implementation of the provisions governing the customs procedure for which

the goods are declared.

(3) The Minister of Finance shall determine the manner of completing the

customs declaration and the code of codes that shall be used for the purpose of

completion of the customs declaration.

Article 73

A customs declaration which complies with the conditions laid down in Article 72

of this Law shall be accepted by the customs authority without delay, provided that the

goods to which the customs declaration refers are presented to the customs authority.

Article 74

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(1) Subject to Article 5 of this Law, a customs declaration may be made by

any person who is able to present the goods in question or to have them presented to the

competent customs authority, together with all the documents required to be produced for

the application of the rules governing the customs procedure in respect of which the

goods were declared.

(2) Where acceptance of a customs declaration imposes particular obligations

on a specific person, the customs declaration must be made exclusively by that person or

on his behalf.

(3) The declarant must be established in the Republic of Macedonia.

However, this condition shall not apply to persons who:

a) make a declaration for transit or temporary importation and

b) declare goods on an occasional basis, provided that the customs authority

considers this to be justified.

Article 75

At the request by the declarant the customs authority may authorise amendment of

one or more of the particulars of the customs declaration after it has been accepted. The

amendment shall not have the effect of rendering the customs declaration applicable to

goods other than those it originally covered. No amendment shall be permitted where

authorisation is requested after the customs authority:

a) has informed the declarant that it intends to examine the goods or

b) has established that the particulars in question are incorrect or

c) has released the goods.

Article 76

(1) The customs authority shall, at the request of the declarant, invalidate a

customs declaration already accepted where the declarant furnishes proof that goods were

declared in error for the customs procedure covered by that customs declaration or that,

as a result of special circumstances, the placing of the goods under the customs procedure

for which they were declared is no longer justified. Where the customs authority has

41

informed the declarant of its intention to examine the goods, a request for invalidation of

the customs declaration shall not be accepted until after the examination has taken place.

(2) The customs declaration shall not be invalidated after the goods have been

released, except in cases defined in accordance with the regulation referred to in Article

257 of this Law.

(3) Invalidation of the customs declaration shall be without prejudice to the

application of the penal provisions of this Law.

Article 77

Save as otherwise provided for with this Law and the provisions brought based on

this Law, the date used for the application of all rules governing the customs procedure

for which the goods have been declared shall be the date of acceptance of the customs

declaration by the customs authority.

Article 78

For the verification of a customs declaration which they have accepted, the

customs authority may:

a) examine the documents covering the declaration and the documents

accompanying it. The customs authority may require the declarant to

present other documents for the purpose of verifying the accuracy of the

particulars contained in the customs declaration and

b) examine the goods and take samples for analysis or for detailed

examination.

Article 79

(1) Transport of the goods to the places where they are to be examined or

samples are to be taken, and all the handling necessitated by such examination of the

goods or taking of samples, shall be carried out by or under the responsibility of the

declarant. The costs incurred shall be borne by the declarant.

(2) The declarant shall be entitled to be present when the goods are examined

and when samples are taken. Where it deems appropriate, the customs authority shall

42

require the declarant to be present or represented when the goods are examined or

samples are taken in order to provide it with the assistance necessary to facilitate such

examination or taking of samples.

(3) Provided that samples are taken in accordance with the regulation

prescribed with the provision of Article 257 of this Law, the customs authority shall not

be liable for payment of any compensation in respect thereof.

Article 80

(1) Where only part of the goods covered by a customs declaration are

examined, the results of the partial examination shall be taken to apply to all the goods

covered by that customs declaration. The declarant may request further examination of

the goods if he considers that the results of the partial examination are not valid as

regards the remainder of the goods declared.

(2) For the purposes of paragraph (1) of this Article, where a customs

declaration form covers two or more items, the particulars relating to each item shall be

deemed to constitute a separate customs declaration.

Article 81

(1) The results of verifying the customs declaration shall be used for the

purposes of applying the customs and other regulations governing the customs procedure

under which the goods are placed.

(2) Where the customs declaration is not verified, the provisions referred to in

paragraph (1) of this Article shall be applied on the basis of the particulars contained in

the customs declaration.

Article 82

(1) The customs authority shall take the measures necessary to identify the

goods where identification is required in order to ensure compliance with the conditions

governing the customs procedure for which the said goods have been declared.

(2) Customs markings affixed to the goods or means of transport shall be

removed or destroyed only by the customs authority or with its permission unless, as a

43

result of unforeseeable circumstances or force majeure, their removal or destruction is

essential to ensure the protection of the goods or means of transport.

Article 83

(1) Without prejudice to Article 84 of this Law, where the conditions for

placing the goods under the procedure in question are fulfilled and provided the goods are

not subject to any prohibitive or restrictive measures, the customs authority shall release

the goods as soon as the particulars in the customs declaration have been verified or

accepted without verification. The same shall apply where such verification cannot be

completed within a reasonable period of time and the goods are no longer required to be

present for verification purposes.

(2) All the goods covered by the same customs declaration shall be released at

the same time. For the purposes of this paragraph, where a customs declaration form

covers two or more items, the particulars relating to each item shall be deemed to

constitute a separate customs declaration.

Article 84

(1) Where acceptance of a customs declaration gives rise to a customs debt,

the goods covered by the customs declaration shall not be released unless the customs

debt has been paid or secured.

(2) In the temporary import procedure with partial relief from import duties,

the goods covered by the customs declaration shall not be released until a security in

accordance with customs rules that govern this procedure is provided.

(3) Where, pursuant to the customs provisions governing the customs

procedure for which the goods are declared, the customs authority requires the provision

of a security, the said goods shall not be released for the customs procedure in question

until such security is provided.

Article 85

Any necessary measures, including confiscation and sale, shall be taken by the

customs authority to deal with goods which:

44

a) cannot be released because:

— it has not been possible to undertake or continue examination of

the goods within the period prescribed by the customs authority for

reasons attributable to the declarant or

— the documents which must be produced before the goods can be

placed under the customs procedure requested have not been

produced or

— payment or a security which should have been made or

provided in respect of import duties or export duties, as the case

may be, have not been made or provided within the period

prescribed or

— the goods are subject to bans or restrictions and

b) are not removed within a twenty-day period after their release.

Article 86

(1) Where a state authority decides to, after the procedure is carried out, return

the temporarily confiscated foreign goods, the return may be realised only if the customs

authority has approved one of the customs approved treatments or uses of the goods and

if the customs debt that may be incurred has been settled.

(2) The customs debt incurred in such an event, referred to in paragraph (1) of

this Article, shall be settled by the customs debtor.

Article 87

(1) Goods confiscated or abandoned to the state in conformity with the

provisions of this Law shall normally be sold. As an exception, the Government of the

Republic of Macedonia, on proposal by the Minister of Finance may donate the

confiscated goods to state authorities and humanitarian organisations, if such goods are

necessary for their operation, i.e. activity, whereas goods of historical, archaeological,

ethnographical, cultural, artistic or scientific value - to the competent authority for

protection of cultural monuments.

45

Tobacco products and alcohol beverages which are confiscated or abandoned at the

disposal of the state in accordance with the provisions of this Law shall be destroyed

under customs supervision in accordance to the customs rules.

(2) Goods that cannot be sold i.e. used for health, veterinarian, phytosanitary,

security or other reasons prescribed by law, shall be destroyed under customs

supervision, in accordance with the customs rules.

(3) The cost of the destruction referred to in paragraph (2) of this Article shall

be borne by the owner or declarant of the goods. Provided they are not known or

unavailable, the cost of the destruction shall be borne by the customs authority.

(4) The manner of selling and treatment of the goods referred to in paragraph

(1) of this Article, as well as the distribution of the assets obtained from the sale shall be

prescribed by the Government of the Republic of Macedonia.

2. Simplified procedures

Article 88

(1) In order to simplify completion of formalities and procedures as far as

possible while ensuring that operations are conducted in a proper manner, the customs

authority shall, under conditions laid down in accordance with the regulation referred to

in Article 257 of this Law, grant permission for:

a) the customs declaration referred to in Article 72 of this Law to omit

certain of the particulars referred to in Article 72 paragraph (1) of this Law

or for some of the documents referred to in paragraph (2) of that Article

not to be attached thereto;

b) a commercial or administrative document, accompanied by request for

the goods to be placed under the customs procedure in question, to be

lodged in place of the customs declaration referred to in Article 72 of this

Law and

c) the goods to be entered for the customs procedure in question by means

of an entry in the records of the holder of the authorisation. In this case,

the customs authority may waive the requirement that the declarant

presents the goods.

46

The simplified customs declaration, commercial or administrative document or entry in

the records must contain at least the particulars necessary for identification of the goods.

Where the goods are entered in the records of the holder of the authorisation, the date of

such entry must be included.

(2) Except in cases to be determined in accordance with the provision referred

to in Article 257 of this Law, the declarant shall furnish a supplementary declaration

which may be of a general, periodic or recapitulative nature.

(3) Supplementary declaration and simplified customs declarations referred to

in paragraph (1), items a), b) and c) of this Article, shall be deemed to constitute a single,

indivisible document taking effect on the date of acceptance of the simplified customs

declarations. In the cases referred to in paragraph (1) item c) of this Article, entry in the

records shall have the same legal force as acceptance of the customs declaration referred

to in Article 72 of this Law.

(4) Special simplified procedures for the transit procedure shall also be laid

down in accordance with the regulation referred to in Article 257 of this Law.

(5) A request for authorisation for a simplified procedure referred to in

paragraph (1) item b) and c) of this Article shall be made at the customs authority that is

locally competent by the registered office or the place where the detailed accounts of the

person making the request are kept.

B. Other declarations

Article 89

(1) Where the customs declaration is made by means of a data-processing

technique within the meaning of Article 71 item b) of this Law, or by an oral declaration

or any other act within the meaning of Article 71 item c) of this Law, the provisions of

Articles 72 to 88 of this Law shall apply accordingly.

(2) Where an oral customs declaration is made in passenger traffic, a special

form for calculation of the import duties and other duties shall be used for the purpose of

calculation of the duties. The design and the contents of such form shall be prescribed for

under the regulation referred to in Article 257 of this Law.

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C. Post-clearance examination of declarations

Article 90

(1) The customs authority may, acting ex officio or at the request of the

declarant, amend the customs declaration after release of the goods within the periods

referred to in Article 243 and 250 of this Law.

(2) The customs authority may, after releasing the goods and in order to

satisfy itself as to the accuracy of the particulars contained in the customs declaration,

inspect the accounting and commercial documents and data relating to the import or

export operations in respect of the goods concerned or to subsequent commercial

operations involving those goods. Such inspections may be carried out at the premises of

the declarant, of any other person directly or indirectly involved in the said operations in

a business capacity or at the premises of any other person in possession of the said

document and data for business purposes. The customs authority may also examine the

goods where it is still possible for them to be produced.

(3) Where the post-clearance examination of the customs declaration indicates

that the provisions governing the customs procedure concerned have been applied on the

basis of incorrect or incomplete information, the customs authority shall, in accordance

with customs and other provisions laid down, take the measures necessary to regularize

the occurred situation, taking account of the new information available.

Section 2

Release of goods for free circulation

Article 91

Release for free circulation shall confer on foreign goods the status of domestic

goods. In order to release the goods for free circulation, commercial policy measures

shall apply, the other formalities laid down in respect of the importation of goods shall be

completed and any duties legally due under customs or other regulations shall be charged.

Article 92

(1) By way of derogation from Article 77 of this Law, provided that the

import duty is reduced after the date of acceptance of the customs declaration, but before

48

the goods are released for free circulation, the declarant may request application of the

more favourable import duty.

(2) The provisions of paragraph (1) of this Article shall not apply where it has

not been possible to release the goods for free circulation for reasons attributable to the

declarant alone.

Article 93

Where a consignment is made up of goods falling within different tariff

classifications, and dealing with each of those goods in accordance with its tariff

classification for the purpose of drawing up the customs declaration would entail a

burden of work and expense disproportionate to the import duties chargeable, the

customs authority may, at the request of the declarant, agree that import duties be charged

on the whole consignment on the basis of the tariff classification of the goods which are

subject to the highest rate of import duty.

Article 94

(1) By way of derogation from Article 19 paragraph (1) of this Law for the

below mentioned goods, the unified import duty is applied in the amount of 15 % of the

customs value of the goods:

1) for goods delivered by mail by a natural person to another natural

person or

2) for goods that the traveller carries with him/her or has given to be

transported,

only under the condition that such goods are not of commercial nature and that the value

of the single delivery or goods that the traveller carries with him does not exceed the

value prescribed under the regulation referred to in Article 257 of this Law.

(2) The provisions of paragraph (1) of this Article shall not apply to goods for

which a customs rate zero is prescribed in the Customs Tariff, and for goods that, in

accordance with this Law, are relieved from customs duty payment.

49

(3) By way of derogation from paragraph (1) of this Article, the traveller or

the recipient of the delivery may request that the goods are cleared of customs under the

rate prescribed in the Customs Tariff.

(4) It is considered that the goods are not of commercial nature provided:

1) a delivery of goods from one to another natural person is concerned,

and the delivery:

- is not intended for resale or any other profitable activity,

- contains only goods exclusively for personal use by the recipient

or members of his family living with the recipient in a common

household, the nature and quantity of which is non-commercial and

- is delivered free of charge and

2) goods carried by the traveller or given for transportation are

concerned that:

- are not intended for resale or other profitable activity and

- are exclusively intended for personal use of the traveller and the

members of his household living in a common household, or for

presents, provided that their nature and quantity are not for

commercial purposes.

(5) The types of goods to which the unified import duty may not apply shall

be determined in accordance with the regulation referred to in Article 257 of this Law.

Article 95

(1) Where goods are released for free circulation at a reduced or zero rate of

import duties on account of their end-use, they shall remain under customs supervision.

Customs supervision shall end when the conditions laid down for granting such a reduced

or zero rate of import duties cease to apply, where the goods are exported or destroyed or

where the use of the goods for purposes other than those laid down for the application of

the reduced or zero rate of import duties is permitted subject to payment of the import

duties incurred for the goods.

(2) The provisions of Articles 102 and 104 of this Law shall apply

accordingly to goods referred to in paragraph (1) of this Article.

50

Article 96

Goods released for free circulation shall lose their status as domestic goods

where:

a) the customs declaration for release for free circulation is invalidated after

release or

(b) the imported duties payable on those goods are repaid or remitted:

— under the inward-processing procedure in the form of the drawback

system or

— in respect of defective goods or goods which fail to comply with the

terms of the contract, pursuant to the provisions of Article 252 of this Law

or

— in situations of the type referred to in Article 253 of this Law where

repayment or remission is conditional upon the goods being exported or

re-exported or being assigned an equivalent customs-approved treatment

or use of goods.

Section 3

Suspensive arrangements and customs procedures with economic

impact

A. Common provisions

Article 97

(1) In Articles 98 to 104 of this Law:

a) where the term ‘procedure’ is used, it is understood as applying, in the

case of foreign goods, to the following suspensive procedures:

—transit,

— customs warehousing,

— inward-processing in the form of a system of suspension,

— processing under customs control and

— temporary importation and

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b) where the term ‘customs procedure with economic impact’ is used, it is

understood as applying to the following:

— customs warehousing,

—inward-processing,

— processing under customs control,

— temporary importation and

— outward-processing.

(2) ‘Import goods’ means goods placed under a suspensive procedure and

goods which, under the inward-processing procedure in the form of the drawback system,

have undergone the formalities for release for free circulation and the formalities

provided for in Article 139 of this Law.

(3) ‘Goods in the unaltered state’ means import goods which, under the

inward-processing procedure or the procedures for processing under customs control,

have undergone no form of processing.

Article 98

The use of any customs procedure with economic impact shall be conditional

upon authorisation being issued by the customs authority.

Article 99

The authorisation referred to in Article 98 and that referred to in Article 112

paragraph (1) of this Law shall be granted only:

— to persons who offer every security necessary for the proper conduct of the

operations and

— where the customs authority can supervise and monitor the procedure without

having to introduce administrative arrangements disproportionate to the economic

needs involved in the approved procedure.

Article 100

(1) The conditions under which the procedure in question is used shall be set

out in the authorisation.

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(2) The holder of the authorisation shall notify the customs authority of all

factors arising after the authorisation was granted which may influence its continuation or

content.

Article 101

In the cases referred to in the second sentence of the first indent of Article 4 item

6 of this Law, any products or goods obtained from goods placed under a suspensive

arrangement shall be considered as being placed under the same arrangement.

Article 102

(1) The customs authority may make the placing of goods under a suspensive

arrangement conditional upon the provision of a security in order to ensure that any

customs debt which may be incurred in respect of those goods will be paid.

(2) Special provisions concerning the provision of a security in accordance

with the regulation referred to in Article 257 of this Law may be laid down in the context

of a specific suspensive arrangement.

Article 103

(1) A suspensive arrangement with economic impact shall be discharged

when a new customs-approved treatment or use of goods is assigned by the customs

authority:

- to the goods placed under a procedure with economic impact or

- to compensating goods or

- processed products obtained in one phase of the procedure with

economic impact.

(2) The customs authority shall take all the measures necessary to regularise

the position of goods in respect of which a procedure has not been discharged under the

conditions prescribed.

Article 104

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The rights and obligations of the holder of a customs procedure with economic

impact may, on the conditions laid down by the customs authority, be transferred

successively to other persons who fulfil any conditions laid down in order to benefit from

the procedure in question.

B. Transit procedure

I. General provisions

Article 105

(1) With the transit procedure the customs authority shall allow the movement

from one point to another within the customs area, of:

a) foreign goods, without such goods being subject to payment of import

duties and other charges or to commercial policy measures when placed

under this procedure and

b) domestic goods, for which an export procedure has been conducted in

the cases and under the conditions determined with the regulation referred

to in Article 257 of this Law.

(2) Movement as referred to in paragraph (1) of this Article shall take place:

a) under the transit procedure laid down in this Law or

b) under cover of a TIR carnet laid down in the TIR Convention provided

that such movement:

1) began or is to end outside the customs area or

2) relates to consignments of goods which must be unloaded in the

customs area and which are conveyed with goods to be unloaded in

a third country or

3) is effected between two points in the customs area through the

territory of a third country;

c) under cover of an ATA carnet used as a transit document; or

d) under cover of the form 302 provided for in the Convention between

the Parties to the North Atlantic Treaty regarding the Status of their

Forces, signed in London on 19 June 1951 or

e) by post (including parcel post).

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(3) The transit procedure shall apply without prejudice to the provisions of

customs rules applicable to the movement of goods placed under a customs procedure

with economic impact.

Article 106

(1) The transit procedure shall end and the obligations of the holder shall be

met when the goods placed under the procedure and the required documents are produced

at the customs authority of destination in accordance with the provisions of the procedure

in question.

(2) The customs authority shall discharge the procedure when it is in a

position to establish, on the basis of a comparison of the data available to the customs

authority of departure and those available to the customs authority of destination, that the

procedure has ended correctly.

2. Specific provisions relating to the transit procedure

Article 107

(1) The principal shall provide a security in order to ensure payment of any

customs debt or other charges which may be incurred in respect of the goods.

(2) The security shall be either:

a) an individual security covering a single transit operation or

b) a comprehensive security covering a number of transit operations where

the principal has been authorised to use such a security by the customs

authority.

(3) The authorisation referred to in paragraph (2) under item b) of this Article

shall be granted only to persons who:

a) are established in the Republic of Macedonia;

b) are regular users of transit procedures or who are known to the customs

authority to have the capacity to fulfil their obligations in relation to these

procedures and

c) have not committed serious or repeated offences against customs or tax

regulations.

55

(4) A person who satisfies the customs authority that it meets higher standards of

reliability may be authorised to use comprehensive security for a reduced amount or to

have a comprehensive security waiver. The additional criteria for this authorisation shall

include:

a) the correct use of the transit procedures during a given period;

b) cooperation with the customs authority and

c) in respect of the comprehensive security waiver, a good financial

standing which is sufficient to fulfil the commitments of the said person.

The detailed conditions and the manner of issuing authorisations granted under this

paragraph shall be determined in accordance with the regulation referred to in Article 257

of this Law.

(5) The comprehensive security waiver authorised in accordance with paragraph

(4) of this Article shall not apply to transit operations involving goods which, as

determined in accordance with the regulation referred to in Article 257 of this Law, are

considered to involve increased risks.

Article 108

No security to ensure payment of any customs debt need to be furnished for:

a) journeys by air;

b) carriage by pipeline or power lines;

c) operations carried out by railway and

d) in other cases determined under the regulation referred to in Article 257

of this Law.

Article 109

(1) The principal shall be the holder of the transit procedure. He shall be

responsible for:

a) production of the goods intact at the customs authority of destination by

the prescribed time limit and with due observance of the measures adopted

by the customs authority to ensure identification and

b) observance of the provisions relating to the transit procedure.

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(2) Notwithstanding the principal's obligations under paragraph (1) of this

Article, a carrier or recipient of goods who accepts goods knowing that they are moving

under transit shall also be responsible for production of the goods intact at the customs

authority of destination by the prescribed time limit and with due observance of the

measures adopted by the customs authority to ensure identification.

C. Customs warehouses

Article 110

(1) With the customs warehousing procedure, the customs authority shall

allow the storage in a customs warehouse of:

a) foreign goods, without such goods being subject to payment of import

duties or commercial policy measures when placed under this procedure;

b) domestic goods, for which it is prescribed by a separate provision that

their placing in a customs warehouse entails application of measures that

are ordinarily used to the export of such goods.

(2) Customs warehouse means any place approved by and under the supervision

of a customs authority where goods may be stored under the conditions laid down

in the customs rules and the authorisation.

(3) Cases in which the goods referred to in paragraph (1) of this Article may

be placed under the customs warehousing procedure without being stored in a determined

place of an approved customs warehouse shall be determined in accordance with the

regulation referred to in Article 257 of this Law.

Article 111

(1) A customs warehouse may be either a public warehouse or a private

warehouse.

(2) ‘Public warehouse’ means a customs warehouse available for use by any

person for the warehousing of goods.

(3) ‘Private warehouse’ means a customs warehouse reserved for the

warehousing of goods by the warehousekeeper.

57

(4) The warehousekeeper is the person authorised to operate the customs

warehouse.

(5) The depositor (warehouse user) shall be the person bound by the customs

declaration to place the goods under the customs warehousing procedure or to whom the

rights and obligations of such a person have been transferred.

Article 112

(1) Operation of a customs warehouse shall be subject to the issue of an

authorisation by the customs authority, unless the said authority operates the customs

warehouse itself.

(2) Any person wishing to operate a customs warehouse must lodge a request

in writing containing the data required for granting the authorisation, in particular

demonstrating that an economic need for warehousing exists. The authorisation shall lay

down the conditions for operating the customs warehouse provided for under customs

rules.

(3) The authorisation shall be granted only to legal persons established in the

Republic of Macedonia.

Article 113

The warehousekeeper shall be responsible for:

a) ensuring that while the goods are in the customs warehouse they are not

removed from customs supervision;

b) fulfilling the obligations that arise from the storage of goods covered by

the customs warehousing procedure and

c) complying with the particular conditions specified in the authorisation

for operating a customs warehouse.

Article 114

(1) By way of derogation from Article 113 of this Law, where the

authorisation concerns a public warehouse, it may provide that the responsibilities

referred to in Article 113 a) and/or b) of this Law devolve exclusively upon the depositor.

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(2) The depositor shall at all times be responsible for fulfilling the obligations

arising from the placing of goods under the customs warehousing procedure.

Article 115

The rights and obligations of a warehousekeeper may, with the agreement of the

customs authority, be transferred to another person.

Article 116

Without prejudice to Article 102 of this Law, the customs authority may demand

that the warehousekeeper provides a security in connection with fulfilment of the

responsibilities and obligations specified in Article 113 of this Law.

Article 117

The warehousekeeper shall keep stock records of all the goods placed under the

customs warehousing procedure in a form approved by the customs authority, with the

exception where a public warehouse is operated by the customs authority.

In accordance with Article 99 of this Law, the customs authority may dispense with stock

records where the responsibilities referred to in Article 113 item a) and/or (b) of this Law

lie exclusively with the depositor and the goods are placed in the customs warehouse on

the basis of a written declaration forming part of the normal procedure or an

administrative document in accordance with Article 88 paragraph (1) item b) of this Law.

Article 118

(1) Where an economic need exists and customs supervision is not adversely

affected thereby, the customs authority may allow:

a) domestic goods other than those referred to in Article 110 paragraph (1)

item b) of this Law to be stored on the premises of a customs warehouse;

b) foreign goods to be processed on the premises of a customs warehouse

under the inward-processing procedure, subject to the conditions provided

for by that procedure. The formalities which may be dispensed with in a

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customs warehouse shall be determined in accordance with the regulation

referred to in Article 257 of this Law and

c) foreign goods to be processed on the premises of a customs warehouse

under the procedure for processing under customs control, subject to the

conditions provided for by that procedure. The formalities for processing

under customs control which may be dispensed with in a customs

warehouse shall be determined in accordance with the regulation referred

to in Article 257 of this Law.

(2) In the cases referred to in paragraph (1) of this Article, the goods shall not

be subject to the customs warehousing procedure.

(3) The customs authority may require the goods referred to in paragraph (1)

of this Article to be entered in the stock records provided for in Article 117 of this Law.

Article 119

Goods placed under the customs warehousing procedure shall be entered in the

stock records provided for in Article 117 of this Law as soon as they are brought into the

customs warehouse.

Article 120

(1) There shall be no limit to the length of time goods may remain under the

customs warehousing procedure.

(2) In exceptional cases, depending on the kind of goods and storage

conditions, the customs authority may set a time limit by which the depositor must assign

the goods a new customs-approved treatment or use.

Article 121

(1) Import goods may undergo the usual forms of handling intended to

preserve them, improve their appearance or marketable quality or prepare them for

distribution or resale.

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(2) The forms of handling provided for in paragraph (1) of this Article must

be authorised in advance by the customs authority, which shall lay down the conditions

under which they may take place.

(3) The lists of the forms of handling may be established in accordance with the

regulation referred to in Article 257 of this Law.

Article 122

(1) Where circumstances so warrant, goods placed under the customs

warehousing procedure may be temporarily removed from the customs warehouse. Such

removal must be authorised in advance by the customs authority, who shall stipulate the

manner in which it may take place.

(2) While they are outside the customs warehouse the goods may undergo the

forms of handling referred to in Article 121 of this Law.

Article 123

The customs authority may allow goods placed under the customs warehousing

procedure to be transferred from one customs warehouse to another.

Article 124

(1) Where a customs debt is incurred in respect of import goods and the

customs value of such goods is based on a price actually paid or payable which includes

the cost of warehousing and of preserving goods while they remain in the warehouse,

such costs need not be included in the customs value if they are shown separately from

the price actually paid or payable for the goods.

(2) Where the import goods have undergone the usual forms of handling

within the meaning of Article 121 of this Law, in determining the amount of import

duties, at the request of the declarant, the nature of the goods, the customs value and the

quantity to be taken into account shall, be those which would be taken into account for

the goods, at the time referred to in Article 230 of this Law, if they had not undergone

such handling.

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(3) Where import goods are released for free circulation in accordance with

Article 88 paragraph (1) item c) of this Law, the nature of the goods, the customs value

and the quantity to be taken into account for the purposes of Article 230 of this Law shall

be those applicable to the goods at the time when they were placed under the customs-

warehousing procedure.

(4) The provisions of paragraph (3) shall apply provided that the taxation

elements relating to those goods were ascertained or accepted at the time when the goods

were placed under the customs-warehousing procedure, unless the declarant requests

determination of those taxation elements at the time when the customs debt is incurred.

(5) The application of paragraph (3) of this Article shall apply without prejudice

to a post-clearance examination within the meaning of Article 90 of this Law.

Article 125

Domestic goods referred to in Article 110 paragraph (1) item b) of this Law must

be exported or be assigned another treatment or use.

Article 126

(1) Aircrafts that depart for an ultimate foreign destination may, under

customs supervision, get supplies of the following goods exempted from payment of

import duties:

- food or other necessary products proportionate to the number of

passengers, crew and duration of the flight and

- products necessary for the functioning and maintenance of the aircraft in

quantities appropriate to the functioning or maintenance of the aircraft

during the flight.

(2) The goods from paragraph (1) indent 1 of this Article may be sold to the

passengers on board the aircraft.

(3 Aircraft that enter the country may enter goods referred to in paragraph (1)

of this Article duty free, provided that they remain on the ship or on the aircraft. If such

goods are unloaded, they must be presented to the customs authority and be assigned a

customs-approved treatment or use of goods.

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(4) Goods referred to in this Article are supplied from a separate warehouse to

which the provisions on customs warehouses apply.

Article 127

(1) Duty free shops are facilities located at international airports after the

customs control points which sell duty free and tax free goods to passengers leaving the

territory of the Republic of Macedonia.

(2) Supply of the duty free shops with goods is carried out from a separate

warehouse where the provisions on customs warehouses apply.

(3) The authorisation for the establishing of duty free shops is granted only

provided the following special conditions are met:

- the future duty free shop is at an international airport at a location

allowing appropriate customs supervision and preventing access of

unauthorised persons in the duty free shop,

- the duty free shop keeper submits all necessary guarantees for proper

compliance with the requirements for operation of the duty free shop will

be followed and

- the duty free shop keeper keeps the prescribed stock-records of the goods

he stores and sells in the duty free shop in a manner that allows the

customs authority to carry out customs supervision and control.

(4) The customs authority has access to the duty free shops at any time in

order to verify the goods and the documents.

(5) The duty free shop keeper shall pay the importation duties for the goods

he sold contrary to paragraph (1) of this Article, or for the goods for which it cannot be

established whether they were actually sold in accordance with the regulations pertaining

to the sale of goods in duty free shops.

(6) Further provisions for application of this Article shall be adopted by the

Governement of the Republic of Macedonia.

D. Inward-processing

1. General provisions

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Article 128

(1) Without prejudice to Article 129 of this Law, the inward-processing

procedure shall allow the following goods to be used in the customs area in one or more

processing operations:

a) foreign goods intended for re-export from the customs area in the form

of compensating products, without such goods being subject to import

duties or commercial policy measures and

b) goods released for free circulation with repayment or remission of the

import duties chargeable on such goods if they are exported from the

customs area in the form of compensating products.

(2) The following expressions shall have the following meanings:

a) ‘suspension system’ means the inward-processing relief arrangements

as provided for in paragraph (1) item a) of this Article;

b) ‘drawback system’ means the inward-processing relief arrangements as

provided for in paragraph (1) item b) of this Article;

c) ‘processing operations’ means:

— the working of goods, including erecting or assembling them or

fitting them to other goods,

— the processing of goods,

— completion of goods,

— the repair of goods, including restoring them and putting them

in order or

— the use of certain goods defined in accordance with the

provision referred to in Article 257 of this Law which are not to be found

in the compensating products, but which allow or facilitate the production

of those products, even if they are entirely or partially used up in the

production process;

d) ‘compensating products’ means all products resulting from processing

operations;

e) ‘equivalent goods’ means domestic goods which are used instead of the

import goods for the manufacture of compensating products and

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f) ‘rate of yield’ means the quantity or percentage of compensating

products obtained from the processing of a given quantity of import goods.

Article 129

(1) Where the conditions laid down in paragraph (2) of this Article are

fulfilled, the customs authority shall allow:

a) compensating products to be obtained from equivalent goods and

b) compensating products obtained from equivalent goods to be exported

from the Republic of Macedonia before importation of the import goods.

(2) Equivalent goods must be of the same quality and have the same

characteristics as the import goods. In specific cases determined in accordance with the

regulation referred to in Article 257 of this Law, equivalent goods may be allowed, by the

customs authority, to be at a more advanced stage of manufacture than the import goods.

(3) Where paragraph (1) of this Article applies, the import goods shall for

customs purposes be regarded as equivalent goods and the latter as import goods.

(4) Measures aimed at prohibiting, imposing certain conditions for or

facilitating recourse to paragraph (1) of this Article may be adopted in accordance with

the regulation referred to in Article 257 of this Law.

(5) Where paragraph (1) item b) of this Article is applied and the

compensating products would be liable to export duties if they were not being exported or

re-exported under an inward-processing operation, the holder of the authorisation shall

provide a security to ensure payment of the export duties should the import goods not be

imported within the period prescribed.

II. Grant of the authorisation

Article 130

The customs authority shall issue an authorisation at the request of the person

who carries out processing operations or who arranges for them to be carried out.

Article 131

The authorisation referred to in Article 130 of this Law shall be granted only:

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a) to persons established in the Republic of Macedonia. The authorisation

may be granted to persons established outside the Republic of Macedonia

in respect of imports of a non-commercial nature;

b) where, without prejudice to the use of the goods referred to in Article

128 paragraph (2) item c) indent 5 of this Law, the import goods can be

identified in the compensating products or, in the case referred to in

Article 129 of this Law, where compliance with the conditions laid down

in respect of equivalent goods can be verified and

(c) where the inward-processing procedure can help create the most

favourable conditions for the export or re-export of compensating

products, provided that the essential interests of local producers are not

adversely affected (economic conditions). The cases in which the

economic conditions are deemed to have been fulfilled shall be determined

in accordance with the regulation referred to in Article 257 of this Law.

III. Operation of the procedure

Article 132

(1) The customs authority shall specify the period within which the

compensating products must be exported or re-exported or assigned another customs-

approved treatment or use of goods. That period shall take account of the time required to

carry out the processing operations and dispose of the compensating products.

(2) The period referred to in paragraph (1) of this Article shall run from the

date on which the foreign goods are placed under the inward-processing procedure. The

customs authority may grant an extension of the period upon submission of a duly

substantiated and timely written request by the holder of the authorisation. For reasons of

simplification, the customs authority may decide that a period which commences in the

course of a calendar month or quarter shall end on the last day of a subsequent calendar

month or quarter.

(3) Where Article 129 paragraph (1) item b) of this Law applies, the customs

authority shall specify the period within which the foreign goods must be declared for the

inward-processing procedure. That period shall run from the date of acceptance of the

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export customs declaration, relating to the compensating products obtained from the

corresponding equivalent goods.

(4) Specific time limits may be laid down in accordance with the regulation

referred to in Article 257 of this Law for certain processing operations or for certain

import goods.

Article 133

The customs authority shall set either the rate of yield of the operation or, where

appropriate, the method of determining such rate. The rate of yield shall be determined on

the basis of the actual circumstances in which the processing operation is, or is to be,

carried out.

Article 134

The cases in which and the conditions under which goods in the unaltered state or

compensating products shall be considered to have been released for free circulation are

determined in accordance with the regulation referred to in Article 257 of this Law.

Article 135

(1) Where a customs debt is incurred, the amount of such debt shall be

determined on the basis of the taxation elements appropriate to the import goods at the

time of acceptance of the customs declaration of placing of these goods under the inward-

processing procedure.

(2) If at the time referred to in paragraph (1) of this Article the import goods

fulfilled the conditions to qualify for preferential tariff treatment within tariff quotas or

ceilings, they shall be eligible for any preferential tariff treatment existing in respect of

identical goods at the time of acceptance of the customs declaration of release for free

circulation.

Article 136

By way of derogation from Article 135 of this Law, compensating

products:

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a) shall be subject to the import duties appropriate to them where they are

released for free circulation and appear on the list adopted in accordance

with the regulation referred to in Article 257 of this Law, to the extent that

they are in proportion to the exported part of the compensating products

not included in that list. The holder of the authorisation may ask for the

import duties on those products to be assessed in the manner referred to in

Article 135 of this Law;

(b) shall be subject to import duties calculated in accordance with the

customs and other rules applicable to the customs procedure in question or

to free zones or free warehouses where they have been placed under a

suspensive arrangement or in a free zone or free warehouse.

However:

- the party may request the duties for these goods to be assessed in

accordance with Article 135 of this Law and

- in cases where the compensating products have been assigned a

customs-approved treatment or use of goods referred to above,

other than processing under customs control, the amount of the

import duties levied shall be at least equal to the amount calculated

in accordance with Article 135 of this Law;

c) may be made subject to the rules governing assessment of import duties

laid down under the procedure for processing under customs control where

the import goods could have been placed under that procedure;

d) shall enjoy favourable tariff treatment owing to the special use for

which they are intended, where provision is made for such treatment in the

case of identical imported goods and

e) shall be admitted free of import duties where such duty-free provision is

made in the case of identical goods imported in accordance with Articles

195, 196 and 198 of this Law.

4. Processing operations outside the customs area

Article 137

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(1) Some or all of the compensating products or goods in the unaltered state

may be temporarily exported for the purpose of further processing outside the customs

area if the customs authority so authorises, in accordance with the conditions laid down

under customs rules governing outward-processing.

(2) Where a customs debt is incurred in respect of re-imported products, the

following shall be charged:

a) import duties on the compensating products or goods in the unaltered

state referred to in paragraph (1) of this Article, that have not undergone

further processing, calculated in accordance with Articles 135 and 136 of

this Law and

b) import duties on products re-imported after processing outside the

customs area, the amount of which shall be calculated in accordance with

the provisions relating to the outward-processing procedure, on the same

conditions as would have applied had the products exported under the

latter procedure been released for free circulation before such export took

place.

5. Special provisions relating to the drawback system

Article 138

The drawback system may be used for all goods within the inward-processing

procedure. It shall not be usable where, at the time the declaration of release for free

circulation is accepted:

— the import goods are subject to quantitative import restrictions and

— a tariff measure within quotas is applied to the import goods.

Article 139

(1) The customs declaration of release for free circulation shall indicate that

the drawback system is being used and shall provide particulars of the authorisation

referred to in Article 130 of this Law.

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(2) At the request of the customs authority, the authorisation referred to in

paragraph (1) of this Article shall be attached to the customs declaration of release for

free circulation.

Article 140

Under the drawback system, Article 129 paragraph (1) item b), paragraph (3) and

paragraph (5), Article 132 paragraph (3), Articles 134 and 135 and Article 136 paragraph

(1) item c) of this Law shall not apply.

Article 141

Temporary exportation of compensating products carried out as provided for in

Article 137 paragraph (1) of this Law shall not be considered to be exportation within the

meaning of Article 142 of this Law except where such products are not re-imported into

the Republic of Macedonia within the period prescribed.

Article 142

(1) The holder of the authorisation may ask for the import duties to be repaid

or remitted where he can establish to the satisfaction of the customs authority that import

goods released for free circulation under the drawback system in the form of

compensating products or goods in the unaltered state have been either:

— exported or

— placed, with a view to being subsequently re-exported, under the transit

procedure, the customs-warehousing procedure, the temporary importation

procedure or the inward-processing procedure (suspension system), or in a free

zone or free warehouse,

provided that all conditions for use of the procedure have also been fulfilled.

(2) The goods referred to in paragraph (1) indent 2 of this Article shall be

considered to be foreign goods.

(3) The period within which the application for repayment must be made shall

be determined in accordance with the regulation referred to in Article 257 of this Law.

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(4) Without prejudice to Article 136 item b) of this Law, where compensating

products or goods in the unaltered state placed under a customs procedure or in a free

zone or free warehouse in accordance with paragraph (1) of this Article are released for

free circulation, the amount of import duties repaid or remitted shall be considered to

constitute the amount of the customs debt.

(5) For the purpose of determining the amount of import duties to be repaid or

remitted, Article 136 item a) of this Law shall apply accordingly.

E. Processing under customs control

Article 143

The procedure for processing under customs control shall allow foreign goods to

be used in the customs area in operations which alter their nature or state, without their

being subject to payment of import duties or to commercial policy measures, and shall

allow the products resulting from such operations to be released for free circulation with

the import duties appropriate to them. Such products shall be termed processed products.

Article 144

The cases in and specific conditions under which the procedure for processing

under customs control may be used shall be determined in accordance with the regulation

referred to in Article 257 of this Law.

Article 145

Authorisation for processing under customs control shall be granted at the request

of the person who carries out the processing or arranges for it to be carried out.

Article 146

Authorisation shall be granted only:

a) to persons established in the Republic of Macedonia;

b) where the import goods can be identified in the processed products;

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c) where the goods cannot be economically restored after processing to

their description or state as it was when they were placed under the

procedure;

d) where use of the procedure cannot result in circumvention of the effect

of the rules concerning origin and quantitative restrictions applicable to

the imported goods and

e) where the necessary conditions for the procedure to help create or

maintain a processing activity in the Republic of Macedonia without

adversely affecting the essential interests of local producers of similar

goods (economic conditions) are fulfilled. The cases in which the

economic conditions are deemed to have been fulfilled may be determined

in accordance with the regulation referred to in Article 257 of this Law.

Article 147

For the processing under customs control procedure, Article 132 paragraphs (1),

(2) and (4) and Article 133 of this Law shall apply accordingly.

Article 148

Where a customs debt is incurred in respect of goods in the unaltered state or of

products that are at an intermediate stage of processing as compared with that provided

for in the authorisation, the amount of that debt shall be determined on the basis of the

taxation elements appropriate to the import goods at the time of acceptance of the

customs declaration relating to the placing of the goods under the procedure for

processing under customs control.

Article 149

(1) Where the import goods qualified for preferential tariff treatment when

they were placed under the procedure for processing under customs control, and such

preferential tariff treatment is applicable to products identical to the processed products

released for free circulation, the import duties to which the processed products are subject

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shall be calculated by applying the amount of import duties applicable under that

treatment.

(2) If the preferential tariff treatment referred to in paragraph (1) of this Article in

respect of the import goods is subject to tariff quotas or tariff ceilings, the application of

the import duties referred to in paragraph (1) of this Article in respect of the processed

products shall also be subject to the condition that the said preferential tariff treatment is

applicable to the import goods at the time of acceptance of the customs declaration of

release for free circulation. In this case, the quantity of import goods actually used in the

manufacture of the processed products released for free circulation shall be written off

from the tariff quotas or ceilings in force at the time of acceptance of the customs

declaration of release for free circulation and the writing off of the quantities shall be

done from the tariff quotas in respect of the import goods, not the processed products.

F. Temporary importation

Article 150

The temporary importation procedure shall allow the use in the customs area, with

total or partial relief from import duties and without their being subject to commercial

policy measures, of foreign goods intended for re-export without having undergone any

change except normal depreciation due to the use made of them.

Article 151

Authorisation for temporary importation shall be granted at the request of the

person using the goods or arranges for them to be used.

Article 152

The customs authority shall refuse to grant authorisation for use of the temporary

importation procedure where it is impossible to ensure that the import goods can be

identified. The customs authority may also grant authorisation for use of the temporary

importation procedure without ensuring that the goods can be identified where, in view of

the nature of the goods or of the operations to be carried out, the absence of identification

measures is not liable to give rise to any abuse of the procedure.

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Article 153

(1) The customs authority shall determine the period within which import goods

must be re-exported or assigned a new customs-approved treatment or use of goods. Such

period must be long enough for the objective of temporary importation to be achieved.

(2) Without prejudice to the special periods laid down in accordance with Article

154 of this Law, the maximum period during which goods may remain under the

temporary importation procedure shall be 24 months. The customs authority may

however, in accordance with the circumstances, determine a shorter period.

(3) Where exceptional circumstances so warrant, the customs authority may, at a

detailed and duly justified request of the party, extend the periods referred to in

paragraphs (1) and (2) of this Article in order to permit the objective of temporary

importation to be achieved.

Article 154

Total relief from import duties under the temporary importation procedure in

accordance with the special conditions and periods determined in the regulation referred

to in Article 257 of this Law may be granted for:

1) means of transportation;

2) personal effects and goods imported by travellers for sports purposes;

3) disaster relief material;

4) medical, surgical and laboratory equipment;

5) live animals;

6) goods for use in frontier zones;

7) media carrying sound, image or data;

8) advertising material;

9) professional equipment;

10) pedagogic aids and scientific equipment;

11) packing;

12) moulds, dies, blocks, drawings, sketches, measuring, checking and testing

instruments and other similar articles;

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13) tools and instruments for specific purposes;

14) goods used to carry out tests or goods subjected to tests;

15) samples of goods;

16) replacement means of production;

17) goods to be exhibited or used at exhibitions, fairs, meetings and similar events

or for sale;

18) spare parts, kits and equipment and

19) other goods imported occasionally or imported in particular situations having

no economic effect.

Article 155

(1) Use of the temporary importation procedure with partial relief from

payment of import duties shall be granted in respect of goods which are not covered by

the provisions adopted in accordance with Article 154 of this Law or which are covered

by such provisions but do not fulfil all the conditions laid down therein for the grant of

temporary importation with total relief.

(2) The list of goods in respect of which the temporary importation procedure

with partial relief from import duties may not be used and the conditions subject to which

the procedure may be used shall be determined in accordance with the regulation referred

to in Article 257 of this Law.

Article 156

(1) The amount of import duties payable in respect of goods placed under the

temporary importation procedure with partial relief from import duties shall be set at 3 %,

for every month or fraction of a month during which the goods have been placed under

the temporary importation procedure with partial relief, of the amount of duties which

would have been payable on the said goods had they been released for free circulation on

the date on which they were placed under the temporary importation procedure.

(2) The amount of import duties to be charged shall not exceed that which

would have been charged if the goods concerned had been released for free circulation on

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the date on which they were placed under the temporary importation procedure, leaving

out of account any interest which may be applicable.

(3) Transfer of the rights and obligations deriving from the temporary

importation procedure pursuant to Article 140 of this Law shall not mean that the same

relief arrangements, total or partial, must be applied to each of the periods of use to be

taken into consideration.

(4) Where the transfer referred to in paragraph (3) of this Article is made with

partial relief for both persons authorised to use the procedure during the same month, the

holder of the initial authorisation shall be liable to pay the amount of import duties due

for the whole of that month.

Article 157

(1) Where a customs debt is incurred in respect of import goods, the amount

of such debt shall be determined on the basis of the taxation elements appropriate to those

goods at the time of acceptance of the customs declaration of their placing under the

temporary importation procedure. Where the provisions of Article 154 of this Law so

provide, the amount of the debt shall be determined on the basis of the taxation elements

appropriate to the goods in question at the time referred to in Article 230 of this Law.

(2) Where, for a reason other than the placing of goods under the temporary

importation procedure with partial relief from import duties, a customs debt is incurred in

respect of goods placed under the said procedure, the amount of that debt shall be equal

to the difference between the amount of duties calculated pursuant to paragraph (1) of

this Article and that payable pursuant to Article 156 of this Law.

G. Outward-processing

I. General

Article158

(1) With the outward-processing procedure, the customs authority shall

authorise domestic goods to be exported temporarily from the customs area in order to

undergo processing operations and the products resulting from those operations to be

released for free circulation with total or partial relief from payment of import duties.

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(2) Temporary exportation of domestic goods shall entail the application of

export duties, commercial policy measures and other formalities for the export and exit of

domestic goods from the customs area.

(3) The following definitions shall apply:

a) ‘temporary export goods’ means goods placed under the outward-

processing procedure;

b) ‘processing operations’ means the operations referred to in Article 128

paragraph (2) item c), indents 1, 2, 3 and 4 of this Law;

c) ‘compensating products’ means all products resulting from processing

operations;

d) ‘rate of yield’ means the quantity or percentage of compensating

products obtained from the processing of a given quantity of temporary

export goods.

Article 159

(1) The outward-processing procedure shall not be open to domestic goods:

— whose export gives rise to repayment or remission of import duties and

— which, prior to export, were released for free circulation with total

relief from import duties by virtue of end use, for as long as the conditions for

granting such relief continue to apply.

(2) Derogations from the cases referred to in paragraph (1) indent 2 of this

Article shall be determined in accordance with the regulation referred to in Article 257 of

this Law.

2. Grant of the authorisation

Article 160

Authorisation to use the outward-processing procedure shall be issued at the

request of the person who arranges for the processing operations to be carried out.

Article 161

The authorisation referred to in Article 160 of this Law shall be granted only:

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a) to persons established in the Republic of Macedonia;

b) where it is considered that it will be possible to establish that the

compensating products have resulted from processing of the temporary

export goods.

The cases in which and the conditions under which such derogations from

the application of item b) shall apply shall be determined in accordance

with the provision referred to in Article 257 of this Law and

(c) where authorisation to use the outward-processing procedure is not

liable to seriously harm the essential interests of producers of the Republic of

Macedonia (economic conditions).

3. Operation of the procedure

Article 162

(1) The customs authority shall specify the period within which the

compensating products must be re-imported into the customs area. It may extend that

period on submission of a duly substantiated and timely request by the holder of the

authorisation.

(2) The customs authority shall set either the rate of yield of the operation or,

where necessary, the method of determining that rate.

Article 163

(1) The total or partial relief from import duties provided for in Article 164

paragraph (1) of this Law shall be granted only where the compensating products are

declared for release for free circulation in the name of or on behalf of:

a) the holder of the authorisation or

b) any other person established in the Republic of Macedonia provided

that that person has obtained the consent of the holder of the authorisation

and the conditions of Article 164 paragraph (2) subparagraph 3 of this

Law are fulfilled.

(2) The total or partial relief from import duties provided for in Article 164 of

this Law shall not be granted where one of the conditions or obligations relating to the

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outward-processing procedure is not fulfilled, unless it is established that the failures

have no significant effect on the correct operation of the said procedure.

Article 164

(1) The total or partial relief from import duties provided for in Article 158 of

this Law shall be effected by deducting from the amount of the import duties applicable

to the compensating products released for free circulation the amount of the import duties

that would be applicable on the same date to the temporary export goods if they were

imported into the customs area from the country in which they underwent the processing

operation or last processing operation.

(2) The amount to be deducted pursuant to paragraph (1) of this Article shall

be calculated on the basis of the quantity and nature of the goods in question on the date

of acceptance of the customs declaration placing them under the outward-processing

procedure and on the basis of the other taxation elements applicable to them on the date

of acceptance of the customs declaration relating to the release for free circulation of the

compensating products.

The value of the temporary export goods shall be the value that shall be taken into

account for those goods in determining the customs value of the compensating products

in accordance with Article 35 paragraph (1) item b) under 1 of this Law or, if the value

cannot be determined in that way, the difference between the customs value of the

compensating products and the processing costs determined by reasonable means.

Certain charges determined in accordance with the regulation referred to in Article 257 of

this Law shall not be taken into account in calculating the amount to be deducted;

Where, prior to being placed under the outward-processing procedure, the temporary

export goods were released for free circulation at reduced import duties by virtue of their

end use, and for as long as the conditions for granting the reduced import duties continue

to apply, the amount to be deducted shall be the amount of import duties actually levied

when the goods were released for free circulation.

(3) Where temporary export goods could qualify on their release for free

circulation for a reduced or zero import duties by virtue of their end use, those import

duties rates shall be taken into account provided that the goods underwent operations

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consistent with such an end-use in the country where the processing operation or last such

operation took place.

(4) Where compensating products qualify for a preferential tariff measure

within the meaning of Article 19 paragraph (3) item d) or e) of this Law and the measure

exists for goods falling within the same tariff classification as the temporary export

goods, the import duties to be taken into account in establishing the amount to be

deducted pursuant to paragraph (1) of this Article shall be those which would apply if the

temporary export goods fulfilled the conditions under which that preferential measure

may be applied.

Article 165

Where the purpose of the processing operation is the repair of the temporary

export goods, they shall be released for free circulation with total relief from import

duties where it is established to the satisfaction of the customs authority that the goods

were repaired free of charge, either because of a contractual or statutory obligation

arising from a guarantee or because of a manufacturing defect where account was taken

of the defect at the time when the goods in question were first released for free

circulation.

Article 166

(1) Where the purpose of the processing operation is the repair of temporary

export goods and such repair is carried out in return for payment, the partial relief from

import duties provided for in Article 158 of this Law shall be granted by establishing the

amount of the duties applicable on the basis of the taxation elements pertaining to the

compensating products on the date of acceptance of the customs declaration of release for

free circulation of those products and taking into account as the customs value an amount

equal to the repair costs, provided that those costs represent the only consideration

provided by the holder of the authorisation and are not influenced by any links between

that holder and the operator.

(2) By way of derogation from Article 164 of this Law, the regulation referred

to in Article 257 of this Law may be used to determine the cases in and specific

conditions under which goods may be released for free circulation following an outward­

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processing operation, with the cost of the processing operation being taken as the basis

for assessment for the purpose of applying the Customs Tariff.

4. Outward-processing with use of the standard exchange system

Article 167

(1) Under the conditions laid down in this Article and Article 168 to 172 of

this Law which are applicable in addition to the provisions of Article 158 to 166, the

standard exchange system shall permit an imported product, (hereinafter referred to as a

‘replacement product’), to replace a compensating product.

(2) The customs authority shall allow the standard exchange system to be

used where the processing operation involves the repair of domestic goods.

(3) Without prejudice to Article 172 of this Law, the provisions applicable to

compensating products shall also apply to replacement products.

(4) The customs authority may, in the manner it determines, permit

replacement products to be imported before the temporary export goods are exported

(prior importation). In the event of prior importation of a replacement product, a security

shall be provided to cover the amount of the import duties.

Article 168

(1) Replacement products shall have the same tariff classification, be of the

same commercial quality and possess the same technical characteristics as the temporary

export goods had the latter undergone the repair in question.

(2) Where the temporary export goods have been used before export, the

replacement products must also have been used and may not be new products. The

customs authority may, however, grant derogations from this rule if the replacement

products have been supplied free of charge either because of a contractual or statutory

obligation arising from a guarantee or because of a manufacturing defect.

Article 169

Standard exchange system shall be authorised only where it is possible to verify

that the conditions laid down in Article 168 of this Law are complied with.

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Article 170

(1) In the case of prior importation, the export goods shall be temporarily

exported within a period of two months from the date of acceptance by the customs

authority of the customs declaration relating to the release of the replacement products

for free circulation.

(2) Where exceptional circumstances so warrant, the customs authority may,

at the request of the person concerned, extend within reasonable limits the period referred

to in paragraph (1) of this Article.

Article 171

In the case of prior importation and where Article 164 of this Law is applied, the

amount to be deducted shall be determined on the basis of the taxation elements

applicable to the temporary export goods on the date of acceptance of the customs

declaration placing them under the procedure.

Article 172

Article 161 item b) of this Law shall not apply in the context of standard

exchange system.

5. Other provisions

Article 173

Non-tariff commercial policy measures shall also be applicable in the outward-

processing procedures.

Section 4

Export

Article 174

(1) With the export procedure, the customs authority shall allow domestic

goods to leave the customs area.

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Exportation shall entail the application of export formalities including commercial policy

measures and, where appropriate, export duties payment.

(2) With the exception of goods placed under the outward-processing

procedure, all domestic goods intended for export shall be placed under the export

procedure.

(3) The case in which and the conditions under which goods leaving the

customs area are not subject to an export customs declaration shall be determined in

accordance with the regulation referred to in Article 257 of this Law.

(4) The export customs declaration must be lodged at the customs authority

responsible for supervising the place where the exporter is established or where the goods

are packed or loaded for export shipment. Derogations shall be determined in accordance

with the regulation referred to in Article 257of this Law.

Article 175

Release for export of the goods shall be granted on condition that the goods in

question leave the customs area in the same condition as when the export declaration was

accepted.

CHAPTER 3

OTHER TYPES OF CUSTOMS-APPROVED TREATMENT OR USE OF GOODS

Section 1

Free zones and free warehouses

A. General

Article 176

Free zones and free warehouses shall be parts of the customs area or premises

situated in that customs area and separated from the rest of it in which:

a) foreign goods are considered, for the purpose of import duties and

commercial policy import measures, as not being on the customs area,

provided they are not released for free circulation or placed under another

customs procedure or used or consumed in the free zone or the free

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warehouse under conditions other than those provided for in customs

regulations and

b) domestic goods for which such provision is made under specific

provisions qualify, by virtue of being placed in a free zone or free

warehouse, for measures normally attaching to the export of goods.

Article 177

(1) The Government of the Republic of Macedonia may in accordance with

Law designate parts of the customs area as free zones or authorise the establishment of

free warehouses.

(2) The Government of the Republic of Macedonia shall in accordance with

law determine the area covered by each free zone and approve the premises which are to

be designated as free warehouses.

(3) Free zones, with the exception of those designated in accordance with

Article 179 of this Law, shall be enclosed. The customs authority shall define the entry

and exit points of each free zone or free warehouse.

(4) The construction of any building in a free zone shall require the prior

authorisation of the customs authority.

Article 178

(1) The perimeter and the entry and exit points of free zones, except the free

zones designated in accordance with Article 179 of this Law, and of free warehouses

shall be subject to supervision by the customs authority.

(2) Persons and means of transport entering or leaving a free zone or free

warehouse may be subjected to a customs check.

(3) Access to a free zone or free warehouse may be denied to persons who do

not provide every guarantee necessary for compliance with the rules provided for in this

Law and other rules in force.

(4) The customs authority may check goods entering, leaving or remaining in

a free zone or free warehouse. To enable such checks to be carried out, a copy of the

transport document, which shall accompany goods entering or leaving, shall be handed

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to, or kept at the disposal of, the customs authority by any person designated for this

purpose by such authority. Where such checks are required, the goods shall be made

available to the customs authority.

Article 179

(1) The customs authority may designate free zones in which customs checks

and formalities shall be carried out and the provisions concerning customs debt applied in

accordance with the requirements of the customs warehousing procedure. Articles 181,

186 and 189 of this Law shall not apply to the free zones thus designated.

(2) References to free zones in Articles 47, 48 and 220 of this Law shall not

apply to free zones referred to in paragraph (1) of this Article.

B. Placing of goods in free zones or free warehouses

Article 180

Both domestic and foreign goods may be placed in a free zone or free warehouse.

The customs authority may require that goods which present a danger or are likely to

spoil other goods or which, for other reasons, require special facilities be placed in

premises specially equipped to receive them.

Article 181

(1) Without prejudice to Article 178 paragraph (4) of this Law, goods directly

entering a free zone or free warehouse without entering the other customs area at all,

need not be presented to the customs authority, nor need a customs declaration be lodged.

(2) Goods shall be presented to the customs authority and undergo the

prescribed customs formalities only where:

a) they have been placed under a customs procedure which is discharged

when they enter a free zone or free warehouse. Where the customs

procedure in question permits exemption from the obligation to present

goods, such presentation shall not be required;

b) they have been placed in a free zone or free warehouse on the authority

of a decision to grant repayment or remission of import duties and

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c) they qualify for the measures referred to in Article 176 item b) of this

Law.

(3) The customs authority may require to be notified of goods subject to

export duties or to other export provisions.

(4) At the request of the party concerned, the customs authority shall certify

the domestic or foreign status of goods placed in a free zone or free warehouse.

C. Operation of free zones and free warehouses

Article 182

(1) There shall be no limit to the length of time goods may remain in free

zones or free warehouses.

(2) For certain goods referred to in Article 176 item b) of this Law, specific

time limits may be imposed in accordance with the provision referred to in Article 257 of

this Law.

Article 183

(1) Any commercial or service activity may, under the conditions laid down in

this Law or any other law, be carried out in a free zone and free warehouse. The carrying

on of such activities shall be notified in advance to the customs authority.

(2) The customs authority may impose certain prohibitions or restrictions on

the activities referred to in paragraph (1) of this Article, having regard to the nature of the

goods concerned or the requirements of customs supervision.

(3) The customs authority may prohibit persons who do not provide the

necessary guarantees of compliance with the provisions laid down in this Law from

carrying on an activity referred to in paragraph (1) of this Article in a free zone or free

warehouse.

Article 184

Foreign goods placed in a free zone or free warehouse may, while they remain in

a free zone or free warehouse:

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a) be released for free circulation under the conditions laid down by that

procedure and by Article 188 of this Law;

b) undergo the usual forms of handling referred to in Article 121

paragraph (1) of this Law without authorisation;

c) be placed under the inward-processing procedure under the conditions

laid down by that procedure;

d) be placed under the procedure for processing under customs control

under the conditions laid down by that procedure;

e) be placed under the temporary importation procedure under the

conditions laid down by that procedure;

f) be abandoned to the state in accordance with Article 191 of this Law

and

g) be destroyed, provided that the party supplies the customs authority

with all the information they judge necessary.

Article 185

(1) Foreign and domestic goods referred to in Article 176 item b) of this Law

shall not be consumed or used in free zones or in free warehouses only when Article 184

of this Law is applied.

(2) Paragraph (1) of this Article shall not preclude the use or consumption of

goods the release for free circulation or temporary importation of which would not entail

application of import duties or measures under commercial policy. In that event, no

customs declaration of release for free circulation or temporary importation shall be

required. Such customs declaration shall, however, be required if such goods are to be

charged against a quota or a ceiling.

Article 186

(1) All persons carrying on an activity involving the storage, working or

processing, or sale or purchase, of goods in a free zone or free warehouse shall keep stock

records in a form approved by the customs authority. Goods shall be entered in the stock

records as soon as they are brought into the premises of such person. The stock records

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must enable the customs authority to identify the goods, and must record their

movements.

(2) Where goods are transhipped within a free zone, the documents relating to

the operation shall be kept at the disposal of the customs authority. The short-term

storage of goods in connection with such transhipment shall be considered to be an

integral part of the operation.

D. Removal of goods from free zones or free warehouses

Article 187

(1) Goods leaving a free zone or free warehouse may be:

— exported or re-exported from the customs area or

— brought into another part of the customs area.

(2) The provisions of paragraph (1) of this Article are without prejudice to

special provisions governing specific fields.

(3) The provisions of Title 3 of this Law, with the exception of Articles 58 to

63 of this Law where domestic goods are concerned, shall apply to goods brought into

other parts of that area except in the case of goods which leave that zone by air without

being placed under a transit or other customs procedure.

Article 188

(1) Where a customs debt is incurred in respect of foreign goods and the

customs value of such goods is based on a price actually paid or payable which includes

the cost of warehousing or of preserving goods while they remain in the free zone or free

warehouse, such costs shall not be included in the customs value if they are shown

separately from the price actually paid or payable for the goods.

(2) Where the said goods have undergone, in a free zone or free warehouse,

one of the usual forms of handling within the meaning of Article 121 paragraph (1) of

this Law, the nature of the goods, the customs value and the quantity to be taken into

consideration in determining the amount of import duties shall, at the request of the

declarant and provided that such handling was covered by an authorisation granted in

accordance with Article 121 paragraph (3), be those which would be taken into account

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in respect of those goods, at the time referred to in Article 230 of this Law, had they not

undergone such handling. Derogations from this provision may, however, be determined

in accordance with the regulation referred to in Article 257 of this Law.

Article 189

(1) Where goods are brought into or returned to the remaining part of the

customs area or placed under a customs procedure while remaining in the free zone or

free warehouse, the certificate referred to in Article 181 paragraph (4) of this Law may be

used as proof of the domestic or foreign status of such goods.

(2) Where it is not proved by the certificate or other means that the goods have

domestic or foreign status, the goods shall be considered to be:

— domestic goods, for the purposes of applying export duties or export

licences or provided for export measures and

— foreign goods in all other cases.

Article 190

The customs authority shall satisfy itself that the rules governing exportation or

re-exportation are respected where goods are exported or re-exported from a free zone or

free warehouse.

Section 2

Re-exportation, destruction and abandonment

Article 191

(1) Foreign goods may be:

— re-exported from the customs area,

— destroyed and

— abandoned to the state.

(2) Re-exportation shall, where appropriate, involve application of the

formalities laid down for goods being exported or exited, including application of

commercial policy measures. Cases in which no measures of commercial policy are

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applied on exportation of foreign goods placed in a suspensive arrangement may be

determined in accordance with the regulation referred to in Article 257 of this Law.

(3) Save in cases determined in accordance with the regulation referred to in

Article 257 of this Law, re-exportation or destruction of goods shall be the subject of

prior notification of the customs authority. The customs authority shall prohibit re­

exportation should the formalities or measures referred to in the first sentence of

paragraph (2) of this Article so provide. Where goods, placed under a customs procedure

with economic impact when on the customs area, are intended for re-exportation, a

customs declaration within the meaning of Articles 69 to 90 of this Law shall be lodged.

In such cases, Article 174 paragraphs (3) and (4) of this Law shall apply. Abandonment

of goods shall be put into effect in accordance with the regulation referred to in Article

257 of this Law.

(4) Destruction or abandonment of goods to the state shall not entail any

expense for the state.

(5) Any waste or scrap resulting from destruction shall be assigned a customs-

approved treatment or use prescribed for foreign goods. The waste or scrap shall remain

under customs supervision until the time laid down in Article 47 paragraph (2) of this

Law.

TITLE 5

GOODS LEAVING THE CUSTOMS AREA

Article 192

Goods leaving the customs area shall be subject to customs supervision. They

may be the subject of checks by the customs authority in accordance with the customs

provisions in force. They shall leave the said area through the customs border crossings

referred to in Article 46 of this Law using, where appropriate, the route and instructions

determined by the customs authority.

TITLE 6

PRIVILEGED OPERATIONS

CHAPTER 1

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RELIEFS FROM IMPORT DUTY PAYMENT

Article 193

(1) The following are granted relief from import duty payment:

1) heads of foreign states and chief representatives of heads of foreign

states on special missions, as well as members of their company, on items

intended for official or personal use;

2) international and interstate organisations with registered office in the

Republic of Macedonia i.e. with representative offices in the Republic of

Macedonia, for the period of their appointment in the Republic of

Macedonia, on items for official use;

3) diplomatic and consular representative offices of foreign states in the

Republic of Macedonia, on items for official use and

4) heads of foreign diplomatic representative offices in the Republic of

Macedonia and members of their immediate families, on items intended

for personal use.

(2) Relief from payment of import duty in accordance with international

agreements is granted to:

1) diplomatic staff of foreign diplomatic representative offices in the

Republic of Macedonia and members of their immediate family, on items

intended for their personal use;

2) consular staff of foreign consular representative offices in the Republic

of Macedonia and members of their immediate family, on items intended

for their personal use and

3) the staff of foreign diplomatic and consular representative offices in the

Republic of Macedonia for household items imported within a period of

12 months from their arrival in the Republic of Macedonia.

(3) The relief under paragraph (2) of this Article may not be enjoyed by citizens

of the Republic of Macedonia, nor by foreign citizens with approved permanent stay in

the Republic of Macedonia.

Article 194

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The following are granted relief from import duty payment:

1) travellers from abroad, on items for personal use during their travel

abroad (personal baggage) that are not subject to any limitations and

restrictions in force, regardless of whether they carry them with them or

have handed them over to a transporter;

2) travellers from the country, aside for items from the personal baggage,

on other items of minor value of non-commercial nature. The relief from

this item does not apply to travellers from the country, that enter the

customs area more than once in the same day, i.e. in 24 hours. The staff

and the persons operating the public means of transport shall not be

considered as travellers from the country;

3) citizens of the Republic of Macedonia and foreign citizens, on items of

non-commercial nature and of minor value received from abroad on

occasional basis;

4) citizens of the Republic of Macedonia and foreign citizens, on

medication for personal use that they carry with them or receive as

consignments from abroad;

5) disabled persons, on special equipment and technical aids that they use

for living or work purposes, as well as on spare parts for the use of such

equipment and aids, except for automobiles, provided they enter or receive

them from abroad for personal use;

6) disabled persons with first and second level of disability who after

undergoing professional rehabilitation are trained for a certain activity, on

equipment which is not manufactured in the Republic of Macedonia

necessary for the carrying out of that activity;

7) drivers of motor vehicles and motorbikes, on fuel and lubricants in the

factory installed tanks in the motor vehicles and motorbikes;

8) citizens of the Republic of Macedonia and foreign citizens with

approved permanent residence in the Republic of Macedonia, on personal

items inherited abroad;

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9) citizens of the Republic of Macedonia living in the border belt, on

herbal and cattle products (items) produced on their properties in the

border area of the neighbouring country, as well as on offspring and other

products acquired from livestock that they keep on those properties for

agricultural activities, grazing or wintering;

10) citizens of the Republic of Macedonia, students and pupils who

receive education abroad, as well as foreign students and pupils who

receive their education in the Republic of Macedonia, on educational aids

brought from abroad intended for personal use;

11) citizens of the Republic of Macedonia and foreign citizens, on

decorations, medals, sports and other trophies or symbolic objects that

they receive abroad at competitions, exhibitions and events of

international significance and

12) scholars, authors and artists for their own works entered from abroad.

Article 195

Import duty payment relief is granted to:

1) state administration authorities or registered humanitarian, or registered welfare

organisations, on goods for free distribution to the victims of natural or other

disasters or goods remaining the ownership of such organisations for the purpose

of being at free disposal of the victims of such disasters;

2) registered humanitarian or welfare organisations, on goods imported from

abroad for the purpose of carrying out their humanitarian activities;

3) firefighting organisations and other rescue services, on technical firefighting

equipment and rescue equipment, firefighting vehicles and other rescue vehicles

and spare parts specifically intended for firefighting and rescue activities;

4) public museums and public art galleries, on collections and art items;

5) public libraries, on library material;

6) public archives - on reproduced archive material;

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7) disabled persons’ organisations, on specific equipment, apparatus, instruments

and technical aids, except road vehicles, as well as spare parts and consumables

for such equipment, apparatus, instruments and technical aids.

Article 196

Import duty payment relief is granted for:

1) unused equipment and spare parts (except cars and office stationary) based on a

deposit by a foreign person, for the purposes of the association’s main activity.

The deposit made by the foreign person shall be longer than three years and be

20% of the total deposited fixed capital provided that the obligor using the relief

works at least three additional years after the expiry of the last year he used the

relief from customs duty payment. The purchase of shares by foreign persons is

also considered a deposit;

2) imported items of educational, scientific and cultural character, determined in

accordance with the regulation referred to in Article 199 of this Law, as well as

instruments and apparatus, as well as their spare parts that are imported for non­

commercial purposes and are not manufactured in the Republic of Macedonia;

3) therapeutic substances of human origin and blood-grouping and tissue-typing

reagents;

4) laboratory animals and biological or chemical substances intended for research;

5) samples of goods of minor value;

6) printed advertising material;

7) products for use at fairs, trade exhibitions or similar events;

8) imported goods which are to undergo examination, research, analysis or tests;

9) trademarks, patterns or designs and their supporting documents, as well as

applications for patents for invention or the like, to be submitted to the bodies

competent to deal with the protection of copyrights or the protection of industrial

property rights;

10) tourist promotional material;

11) pharmaceutical products for health or veterinarian use at international sport

events organised in the Republic of Macedonia;

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12) ancillary materials for the stowage and protection of goods during their

transport;

13) litter, fodder and feedingstuffs for animals during their transport;

14) materials for the construction , upkeep or ornamentation of memorials to,

or cemeteries for, war victims and

15) coffins with bodies, funerary urns with ashes and ornamental funerary

articles.

Article 197

Import duty payment relief is granted for:

1) documents sent free of charge to the state administration authorities;

2) publications of foreign governments and publications of official international

bodies intended for distribution free of charge;

3) items to be submitted as evidence or for like purposes to the courts or other

state administration authorities;

4) specimen signatures and printed circulars concerning signatures sent as part of

customary exchanges of information between public services or banking

establishments;

5) official printed materials sent to the National Bank of the Republic of

Macedonia;

6) reports, statements, notes, prospectuses, application forms and other documents

drawn up by companies registered in a third country and sent to the bearers or

subscribers of securities issued by such companies;

7) recorded media – data carriers (punched cards, sound recordings, microfilms,

etc.) used for the transmission of information sent free of charge to the addressee,

in so far as importation of those media – data carriers does not give rise to abuses

or to major distortions of competition;

8) files, archives, printed forms and other documents to be used at international

meetings, conferences or congresses, as well as reports on such gatherings;

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9) plans, technical drawings, traced designs, descriptions and other similar

documents imported with a view to obtaining or fulfilling orders in third countries

or to participating in a competition held in the customs area;

10) documents to be used in examinations held in the customs area by institutions

set up in third countries;

11) printed forms to be used as official documents in the international movement

of vehicles or goods, within the framework of international conventions;

12) printed forms, labels, tickets and similar documents sent by transport

undertakings or by undertakings of the hotel industry in a third country to travel

agencies set up in the customs area;

13) printed forms and tickets, bills of lading, way-bills and other commercial or

office documents which have been used;

14) official printed forms from third countries or international authorities, and

printed materials conforming to international standards sent for distribution by

third country associations to corresponding associations with registered offices in

the customs area and

15) photographs, slides and stereotype mats for photographs, whether or not

captioned, sent to press agencies or newspaper or magazine publishers.

Article 198

Import duty payment relief is granted for:

1) goods received as gift from international donors, as well as imported goods

bought with the money assets received as gift by state authorities,

municipalities and the city of Skopje and public legal entities and

2) goods necessary for the realisation of projects financed by foreign donors

based on agreements made between the Government of the Republic of

Macedonia and foreign donors which contain the clause that the donated

finances may not be used for payment of import duties.

Article 199

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The detailed criteria and manner of carrying out of the relief from import duty

payment, as well as the value, quantity and nature or purpose of the goods that may be

granted relief from import duty payment in accordance with Articles 193 to 198 of this

Law shall be prescribed by the Government of the Republic of Macedonia on proposal by

the Minister of Finance.

Article 200

(1) Goods which have been granted relief from import duty payment pursuant to

Article 193 and Article 194, items 3, 5, 6, 8, 9 and 10, Article 195, 196 item 2 and Article

198 of this Law, in a three year period from the day of importation, shall not be

transferred to a third person, given for use to a third person or used otherwise for

purposes different from the ones it was relieved from import duty payment for, prior to

the payment of such import duties. Such items shall not be pledged, lent or used as

security for other obligations.

(2) The goods that were granted relief from payment of import duties pursuant to

Article 196 item 1 of this Law, within a six year period starting with the day of

importation, shall not be alienated, given at the disposal of a third person or used

otherwise for other purposes other than those for which they were granted relief from

payment of import duties, before payment of the import duties is settled. Such articles

shall not be given as collateral, given under lease or as security for other obligations.

(3) Where the customs authority, upon the request by the holder of the right, before

the expiration of the period referred to in paragraph (1) and paragraph (2) of this Article

approves a different use, the amount of the customs debt is calculated on the basis of the

taxation elements applicable at the moment of lodging of the request for payment of the

customs debt.

(4) In case of incompliance with the provisions of paragraph (1) and paragraph

(2) of this Article, the amount of the customs debt is calculated based on the taxation

elements applicable at the moment of acceptance of the customs declaration, on the basis

of which the goods were granted relief from payment of import duties.

CHAPTER 2

97

RETURN OF EXPORTED GOODS

Article 201

(1) Domestic goods which, having been exported from the customs area, are

returned to that area and released for free circulation within a period of three years shall,

at the request of the party, be granted relief from import duties.The three-year period may

be exceeded in case of justified circumstances.

Where, prior to their exportation from the customs area, the returned goods have been

released for free circulation at reduced or zero import duty because of their use for a

particular purpose, relief from payment of import duties shall be granted only if they are

to be re-imported for the same purpose. Where the purpose for which the goods in

question are to be imported is no longer the same, the amount of import duties chargeable

upon them shall be reduced by any amount levied on the goods when they were first

released for free circulation. Should the latter amount exceed that levied on the entry for

free circulation of returned goods, no refund shall be granted.

(2) The relief from import duties provided for in paragraph (1) of this Article

shall not be granted in the case of goods exported from the customs area under the

outward-processing procedure unless those goods remain in the state in which they were

exported;

Article 202

The relief from import duties provided for in Article 201 of this Law shall be

granted only if goods are re-imported in the same state in which they were exported. The

circumstances in which and the conditions under which this requirement may be waived

shall be determined in accordance with the regulation referred to in Article 257 of this

Law.

Article 203

(1) The provisions of Articles 201 and 202 of this Law shall apply

accordingly to compensating products originally exported or re-exported subsequent to an

inward-processing procedure.

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(2) The amount of import duties legally owed shall be determined on the basis

of the rules applicable under the inward-processing procedure, the date of re-export being

regarded as the date of release of the goods for free circulation.

TITLE 7

CUSTOMS DEBT

CHAPTER 1

SECURITY TO COVER CUSTOMS DEBT

Article 204

(1) Where, in accordance with customs rules, the customs authority requires

security to be provided in order to ensure payment of a customs debt, such security shall

be provided by the person who is liable or who may become liable for that debt.

(2) The customs authority shall require only one security to be provided in

respect of one customs debt.

(3) The customs authority may authorise the security to be provided by a

person other than the person from whom it is required.

(4) Where the person who has incurred or who may incur a customs debt is a

state authority, no security shall be required.

(5) The customs authority may waive the requirement for provision of

security where the amount to be secured does not exceed 150 EUR in equivalent denar

value.

Article 205

(1) Where customs legislation provides that the provision of security is

optional, such security may be required at the discretion of the customs authority in so far

as it considers that a customs debt which has been or may be incurred is not certain to be

paid within the prescribed period.

(2) Where the security referred to in the preceding subparagraph is not

required, the customs authority may nevertheless require from the person referred to in

Article 204 paragraph (1) of this Law, an undertaking to comply with the obligations

which that person is legally obliged to fulfil.

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(3) The security referred to in paragraph (1) of this Article shall be required:

— at the time of application of the rules requiring such security to be

provided or

— at any subsequent time when the customs authority finds that the

customs debt which has been or may be incurred is not certain to be paid

within the prescribed period.

Article 206

At the request of the person referred to in Article 204 paragraph (1) or (3) of this

Law, the customs authority shall allow comprehensive security to be provided to cover

two or more operations in respect of which a customs debt has been or may be incurred.

Article 207

(1) Where customs legislation makes it compulsory for security to be

provided, and subject to the specific provisions laid down for transit in accordance with

the regulation referred to in Article 257 of this Law, the customs authority shall fix the

amount of such security at a level equal to:

— the precise amount of the customs debt or debts in question where that amount

can be established with certainty at the time when the security is required and

— in other cases the maximum amount, as estimated by the customs authority, of

the customs debt or debts which have been or may be incurred.

(2) Where comprehensive security is provided for a customs debt which

varies in amount over time, the amount of such security shall be set at a level enabling the

customs debt in question to be covered at all times.

(3) Where customs legislation provides that the provision of security is

optional and the customs authority requires security to be provided, the amount of the

security shall be fixed by that authority so as not to exceed the level provided for in

paragraph (1) and (2) of this Article.

(4) The circumstances in which and the conditions under which a flat-rate

security may be provided shall be determined in accordance with the regulation referred

to in Article 257 of this Law.

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Article 208

Security may be provided by either:

— a cash deposit or

— a bank guarantee.

Article 209

A cash deposit shall be made in accordance with customs rules and other

regulations.

Article 210

(1) The guarantor bank shall issue the security in writing, undertaking to pay

the customs debt, including the interest and caused expenses relating to the collection

procedure of the unpaid customs debt. The guarantor bank shall, together with the

customs debtor, jointly and severally be responsible for the amount which falls to be paid.

(2) The guarantor bank must be established in the Republic of Macedonia and

approved by the customs authority.

(3) The customs authority may refuse to approve the guarantor bank or type of

security proposed where they do not appear certain to ensure payment of the customs

debt within the prescribed period.

Article 211

The person required to provide security shall be free to choose between the types

of security laid down in Article 208 of this Law. The customs authority may refuse to

accept the type of security proposed where it does not ensure the proper implementation

of the customs procedure concerned. The customs authority may require that the type of

security chosen be maintained for a specific period.

Article 212

Where the rules adopted in accordance with the regulation referred to in Article

257 of this Law so provide, the customs authority may accept types of security other than

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those referred to in Article 208 of this Law where they provide equivalent assurance that

the customs debt will be paid. The customs authority shall refuse the security proposed

by the debtor where it does not consider that such security is certain to ensure payment of

the customs debt.

Article 213

Where the customs authority establishes that the security provided does not

ensure, or is no longer certain or sufficient to ensure, payment of the customs debt within

the prescribed period, it shall require the person referred to in Article 204 paragraph (1)

of this Law, at his option, to provide additional security or to replace the original security

with a new security.

Article 214

(1) The security shall not be released until such time as the customs debt in

respect of which it was given is extinguished or can no longer arise. Once the customs

debt is extinguished or can no longer arise, the security shall be released forthwith.

(2) Once the customs debt has been extinguished in part or may arise only in

respect of part of the amount which has been secured, part of the security shall be

released accordingly at the request of the party.

Article 215

Provisions derogating from those contained in this Chapter shall, where

necessary, be adopted in accordance with the regulation referred to in Article 257 of this

Law in order to fulfil certain obligations undertaken under international conventions.

CHAPTER 2

INCURRENCE OF A CUSTOMS DEBT

Article 216

(1) A customs debt on importation shall be incurred through:

a) the release for free circulation of goods liable to import duties or

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b) the placing of such goods under the temporary importation procedure

with partial relief from import duties.

(2) A customs debt shall be incurred at the time of acceptance of the customs

declaration in question.

(3) The debtor shall be the declarant. In the event of indirect representation,

the person on whose behalf the customs declaration is made shall also be a debtor.

(4) Where a customs declaration in respect of one of the procedures referred

to in paragraph (1) of this Article is drawn up on the basis of incorrect data which leads to

all or part of the import duties legally owed not being collected, the persons who

provided the data required to draw up the customs declaration and who knew, or who

ought reasonably to have known that such data was false, shall also be considered

debtors.

Article 217

(1) A customs debt on importation shall be incurred through:

a) the unlawful introduction into the customs area of goods liable to

import duties or

b) the unlawful introduction into another part of that area of such goods

located in a free zone or free warehouse.

For the purpose of this Article, unlawful introduction means any introduction in violation

of the provisions of Articles 48 to 51 of this Law and Article 187 paragraph (1) indent 2

of this Law.

(2) The customs debt shall be incurred at the moment when the goods are

unlawfully introduced.

(3) The debtors shall be:

— the person who introduced such goods unlawfully,

— any persons who participated in the unlawful introduction of the goods

and who knew or should reasonably have known that such introduction was

unlawful and

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— any persons who acquired or held the goods in question and who knew

or should reasonably have known at the time of acquiring or receiving the goods

that they had been introduced unlawfully.

Article 218

(1) A customs debt on importation shall be incurred through the unlawful

removal from customs supervision of goods liable to import duties.

(2) The customs debt shall be incurred at the moment when the goods are

removed from customs supervision.

(3) The debtors shall be:

— the person who removed the goods from customs supervision,

— any persons who participated in such removal and who knew or should

reasonably have known that the goods were being removed from customs

supervision,

— any persons who acquired or held the goods in question and who were

aware or should reasonably have been aware at the time of acquiring or

receiving the goods that they had been removed from customs supervision

and

— where appropriate, the person required to fulfil the obligations arising

from temporary storage of the goods or from the use of the customs

procedure under which those goods are placed.

Article 219

(1) A customs debt on importation shall be incurred through:

a) non-fulfilment of one of the obligations arising, in respect of goods liable to

import duties, from their temporary storage or from the use of the customs

procedure under which they are placed or

b) non-compliance with a condition governing the placing of the goods under that

procedure or the granting of a reduced or zero rate of import duty by virtue of the

end-use of the goods,

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in cases other than those referred to in Article 218 of this Law, unless it is established that

those failures have no significant effect on the correct operation of the temporary storage

or customs procedure in question.

(2) The customs debt shall be incurred either at the moment when the

obligation whose non-fulfilment gives rise to the customs debt ceases to be met or at the

moment when the goods are placed under the customs procedure concerned where it is

established subsequently that a condition governing the placing of the goods under the

said procedure or the granting of a reduced or zero rate of import duty by virtue of the

end-use of the goods was not in fact fulfilled.

(3) The debtor shall be the person who is required, according to the

circumstances, either to fulfil the obligations arising, in respect of goods liable to import

duties, from their temporary storage or from the use of the customs procedure under

which they have been placed, or to comply with the conditions governing the placing of

the goods under that procedure.

Article 220

(1) A customs debt on importation shall be incurred through the consumption

or use, in a free zone or a free warehouse, of goods liable to import duties, under

conditions other than those laid down. Where goods disappear and where their

disappearance cannot be explained to the satisfaction of the customs authority, that

authority may regard the goods as having been consumed or used in the free zone or the

free warehouse.

(2) The debt shall be incurred at the moment when the goods are consumed or

are first used under conditions other than those laid down by customs rules and other

regulations.

(3) The debtor shall be the person who consumed or used the goods and any

persons who participated in such consumption or use and who knew or should reasonably

have known that the goods were being consumed or used under conditions other than

those laid down by customs rules and other regulations.

(4) Where the customs authority regards goods which have disappeared as

having been consumed or used in the free zone or the free warehouse and it is not

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possible to apply paragraph (3) of this Article, the person liable for payment of the

customs debt shall be the last person known to this authority to have been in possession

of the goods.

Article 221

(1) By way of derogation from Articles 217 and 219 paragraph (1) item a) of

this Law, no customs debt on importation shall be deemed to be incurred in respect of

specific goods where the party proves that the non-fulfilment of the obligations which

arise from:

— the provisions of Articles 48 to 51 and Article 187 paragraph (1) indent 2 of

this Law or

— keeping the goods in question in temporary storage or

— the use of the customs procedure under which the goods have been placed,

results from the total destruction or irretrievable loss of the said goods as a result of the

actual nature of the goods or unforeseeable circumstances or force majeure, or as a

consequence of authorisation granted by the customs authority. Goods shall be

irretrievably lost when they are rendered unusable by any person.

(2) Nor shall a customs debt on importation be deemed to be incurred in

respect of goods released for free circulation at a reduced or zero rate of import duty by

virtue of their end-use, where such goods are exported or re-exported with the permission

of the customs authority.

Article 222

Where, in accordance with Article 221 paragraph (1) of this Law, no customs debt

is deemed to be incurred in respect of goods released for free circulation at a reduced or

zero rate of import duties on account of their end-use, any scrap or waste resulting from

such destruction shall be deemed to be foreign goods.

Article 223

Where in accordance with Article 218 or 219 of this Law a customs debt is

incurred in respect of goods released for free circulation at a reduced rate of import duties

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on account of their end-use, the amount paid when the goods were released for free

circulation shall be deducted from the amount of the customs debt. This provision shall

apply accordingly where a customs debt is incurred in respect of scrap and waste

resulting from the destruction of such goods.

Article 224

(1) A customs debt on exportation shall be incurred through the exportation

from the customs area, under cover of a customs declaration, of goods liable to export

duties.

(2) The customs debt shall be incurred at the time when such customs

declaration is accepted.

(3) The debtor shall be the declarant. In the event of indirect representation,

the person on whose behalf the customs declaration is made shall also be a debtor.

Article 225

(1) A customs debt on exportation shall be incurred through the removal from

the customs area of goods liable to export duties without a customs declaration.

(2) The customs debt shall be incurred at the time when the said goods

actually leave the customs area.

(3) The debtor shall be:

— the person who removed the goods and

— any persons who participated in such removal and who were aware or

should reasonably have been aware that a customs declaration had not

been, but should have been lodged.

Article 226

(1) A customs debt on exportation shall be incurred through failure to comply

with the conditions under which the goods were allowed to leave the customs area with

total or partial relief from export duties.

(2) The debt shall be incurred at the time when the goods reach a destination

other than that for which they were allowed to leave the customs area with total or partial

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relief from export duties or, should the customs authority be unable to determine that

time, the expiry of the time limit set for the production of evidence that the conditions

entitling the goods to such relief have been fulfilled.

(3) The debtor shall be the declarant. In the event of indirect representation,

the person on whose behalf the declaration is made shall also be a debtor.

Article 227

The customs debt referred to in Articles 216 to 220 and 224 to 226 of this Law

shall be incurred even if it relates to goods subject to measures of prohibition or

restriction on importation or exportation of any kind whatsoever. However, no customs

debt shall be incurred on the unlawful introduction into the customs area of counterfeit

currency or of narcotic drugs and psychotropic substances which do not enter into the

economic circuit strictly supervised by the competent authorities with a view to their use

for medical and scientific purposes. For the purposes of criminal rules as applicable to

violation of customs rules, the customs debt shall nevertheless be deemed to have been

incurred where, under the criminal rules, customs duties provide the basis for determining

penalties, or the existence of a customs debt is grounds for taking criminal proceedings.

Article 228

Where customs rules provide for autonomous measures for reduction or

suspension of import duties or favourable tariff treatment of goods by reason of their

nature or end-use or for relief or total or partial exemption from import or export duties

pursuant to Articles 19, 20, 95, 158 or 193 to 203 of this Law, such autonomous measure,

such favourable tariff treatment, exemption or partial or total relief from import or export

customs duty payment shall also apply in cases where a customs debt is incurred pursuant

to Articles 217 to 220, 225 or 226 of this Law, on condition that the behaviour of the

party involves neither fraudulent dealing nor obvious negligence and he produces

evidence that the other conditions for the application of autonomous measures for

reduction or suspension of import duties, favourable tariff treatment, exemption or partial

or total relief have been satisfied.

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Article 229

Where several persons are liable for payment of one customs debt, they shall be

jointly and severally liable for the payment of such debt.

Article 230

(1) Save as otherwise expressly provided for, the amount of the import duty or

export duty applicable to goods shall be determined on the basis of the taxation elements

appropriate to those goods at the time when the customs debt in respect of them is

incurred. The provisions of this paragraph do not preclude the application of the

provisions of paragraph (2) and paragraph (3) of this Article.

(2) Where it is not possible to determine precisely when the customs debt is

incurred, the time to be taken into account in determining the taxation elements

appropriate to the goods concerned shall be the time when the customs authority

establishes that a customs debt is incurred for the goods.

(3) Where the information available to the customs authority enables it to

establish that the customs debt was incurred prior to the time referred to in the paragraph

(2) of this Article, the amount of the import duties and export duties payable on the goods

in question shall be determined on the basis of the rules appropriate to the goods at the

earliest time when existence of the customs debt may be established from the information

available.

(4) Compensatory interest shall apply in the circumstances and under the

conditions to be defined in the regulation referred to in Article 257 of this Law, in order

to prevent the wrongful acquisition of a financial advantage through deferment of the

date on which the customs debt was incurred or calculated.

Article 231

(1) A customs debt shall be incurred:

— at the place where the events from which it arises occur,

— if it is not possible to determine the place from indent 1 of this

paragraph, at the place where the customs authority establishes that the goods are

in a situation in which a customs debt is incurred and

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— if the goods have been entered for a customs procedure which has not

been discharged, and the place cannot be determined pursuant to the first

or second indent of this paragraph within a period of time determined, at

the place where the goods were either placed under the customs procedure

concerned or were introduced into the customs area under that procedure.

(2) Where the data available to the customs authority enables them to

establish that the customs debt was already incurred when the goods were in another

place at an earlier date, the customs debt shall be deemed to have been incurred at the

place which may be established as the location of the goods at the earliest time when

existence of the customs debt may be established.

Article 232

(1) In so far as the Agreements concluded between the Republic of

Macedonia and third countries provide for the granting on importation into those

countries of preferential tariff treatment for goods originating in the Republic of

Macedonia within the meaning of such agreements, and where the goods have been

obtained under the inward-processing procedure, foreign goods incorporated in the said

originating goods are subject to payment of the import duties payable thereon. The

validation of the documents necessary to enable such preferential tariff treatment to be

obtained in third countries shall cause a customs debt on importation to be incurred.

(2) The moment when such customs debt is incurred shall be deemed to be the

moment when the customs authority accepts the export customs declaration relating to

the goods in question.

(3) The debtor shall be the declarant. In the event of indirect representation,

the person on whose behalf the declaration is made shall also be a debtor.

(4) The amount of the import duties corresponding to this customs debt shall

be determined under the same taxation elements as in the case of a customs debt resulting

from the acceptance, on the same date, of the declaration for release for free circulation

of the foreign goods concerned for the purpose of terminating the inward-processing

procedure.

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CHAPTER 3

CALCULATION AND COLLECTION OF THE AMOUNT OF THE CUSTOMS

DEBT

Article 233

(1) Each and every amount of import duty or export duty resulting from a

customs debt (hereinafter referred to as ‘amount of duty’), shall be calculated by the

customs authority as soon as they have the necessary particulars, and entered by that

authority in the accounting records.

(2) Where the amount of duty legally due does not exceed that determined in

the regulation referred to in Article 257 of this Law, the customs authority shall not apply

paragraph (1) of this Article.

(3) The customs authority shall determine practical procedures for the entry in

the accounts of the amount of duties.

Article 234

(1) Where a customs debt is incurred as a result of the acceptance of the

customs declaration of goods for a customs procedure other than temporary importation

with partial relief from import duties or any other act having the same legal effect as such

acceptance, the amount corresponding to such customs debt shall be entered in the

accounts as soon as it has been calculated.

(2) By way of derogation from paragraph (1) of this Article, when a customs

debt resulted from the acceptance of a commercial or administrative document or entry in

the accounts of the holder of the authorisation within the simplified procedures of Article

88, paragraph (1), item b) or c) of this Law, the total amount of duties relating to all the

goods released to one and the same person during a period fixed by the customs

authority, which may not exceed 31 days, may be covered by a single calculation.

Article 235

(1) As soon as the calculation is completed, the amount of duties shall be

communicated to the debtor in an appropriate manner.

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(2) When the amount of duties legally due is written on the customs

declaration, the customs authority does not communicate the amount of duties to the

debtor and the debt shall be deemed as to have been communicated to the debtor at the

time of release of the goods by the customs authority.

Article 236

(1) If the person is not entitled to any of the payment facilities laid down in

Articles 238 to 241 of this Law, amounts of duties communicated in accordance with

Article 235 of this Law shall be paid by debtors within a period not longer than 10 days

from communication of the amount of duties owed.

(2) In the cases of Article 234 paragraph (2) of this Law, the period referred to

in paragraph (1) of this Article shall be so fixed as not to enable the debtor to obtain a

longer period for payment than if he had been granted deferred payment.

Article 237

Payment shall be made in cash and in denars or in any other manner in

accordance with the provisions governing manners of payment. Payment may also be

made by balancing of the dues when the customs authority is to repay import duties while

at the same time the customs debtor has an unsettled customs debt toward the customs

authority.

Article 238

Provided the amount of duties payable by the party relates to goods declared for a

customs procedure which entails the obligation to pay such duties, the customs authority

may, at that party's request, grant deferment of payment of that amount under the

conditions laid down in Articles 239 and 240 of this Law.

Article 239

(1) The Customs authority, when deciding upon the request for deferment of

payment of the amount of duties, shall check whether the debtor complies with the

following conditions:

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- is credible and financially stable,

- is diligent in settling his obligations,

- keeps all the prescribed accounts allowing undisturbed carrying out of control

and

- has not violated any customs or tax rules in the last three years.

(2) The granting of deferment of payment shall be conditional on the

provision of security by the applicant in accordance with Article 208 of this Law.

Article 240

The period for which payment is deferred shall be 30 days. It shall be calculated

as follows:

(a) where payment is deferred in accordance with Article 234 paragraph (1) of

this Law, the period shall be calculated from the day following the date on which

the amount of duty is calculated by the customs authority and

(b) where payment is deferred in accordance with Article 234 paragraph (2) of

this Law, the period shall be calculated by:

- the twenty-third day, following the date on which the period for lodging

of the supplementary declaration expires, provided the period for lodging

of the supplementary declaration is a calendar week and

- the sixteenth day of the month following the calendar month for which

the simplified procedure was granted, provided the period for lodging of

the supplementary declaration is a calendar month.

Article 241

Provided deferment of payment is granted to the debtor, the latter may in any case

pay all or part of the amount of duty without awaiting expiry of the period he has been

granted for payment.

Article 242

An amount of duties owed may be paid by a third person instead of the debtor in

accordance with law.

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Article 243

(1) Where the customs authority determines that:

- a customs debt is incurred in accordance with Article 217 to 220 of this

Law or

- the amount of duties of an incurred customs debt has not been calculated

in accordance with Article 234 of this Law or has been entered in the

accounts at a level lower than the amount legally owed,

it shall calculate the amount of duties (subsequent calculation) and takes, acting ex officio

or upon request by the debtor, a decision for payment of the incurred obligation.

(2) The decision in accordance with paragraph (1) of this Article is taken as

soon as the necessary data for calculation of the debt is available to the customs authority,

as well as the data that allow the determination of the customs debtor.

(3) Subsequent calculation of a customs debt in accordance with paragraph (1)

of this Article shall be made in the period of five years following incurrence of the

customs debt.

(4) Subsequent calculation shall not occur where the provisions of the

regulation referred to in Article 257 of this Law exempt the customs authority from the

subsequent calculation and collection of amounts of duty less than a certain figure.

Article 244

(1) Where the amount of duties due has not been paid within the prescribed

period, the customs authority shall avail itself of all options open to it under the rules in

force, including forced payment, to secure payment of that amount in accordance with the

Law on Payment Operations.

(2) Executive title in the execution, i.e. forced collection shall be:

a) an executive decision of the customs authority;

b) a customs declaration and

c) a calculation of import or other duties in the passenger traffic containing

the clause of execution.

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(3) The customs authority may waive forced collection where the amount

does not exceed a level fixed in accordance with the regulation referred to in Article 257

of this Law.

Article 245

(1) Where the amount of duties due has not been paid within the prescribed

period, interest shall be charged by the rate prescribed with the provisions of the Law on

Value Added Tax for each day of delay.

(2) The customs authority may waive collection of interest:

(a) where the amount does not exceed a level fixed in accordance with the

regulation referred to in Article 257 of this Law or

(b) if the duties are paid within five days of the expiry of the period

prescribed for payment.

Article 246

(1) The right to collect the amount of duties becomes time-barren five years

following the day of incurrence of the customs debt.

(2) The time-barring ends with each action of the competent authority to

collect the amount of duties.

(3) However, the right to collect becomes time-barren after the expiration of

10 years following the date of incurrence of the customs debt.

CHAPTER 4

EXTINCTION OF A CUSTOMS DEBT

Article 247

(1) A customs debt shall be extinguished:

a) by payment of the amount of duty;

b) by remission of the amount of duty;

c) where, in respect of goods declared for a customs procedure

entailing the obligation to pay duties:

— the customs declaration is invalidated and

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— the goods, before their release are: confiscated; destroyed on the

instructions of the customs authority; destroyed or abandoned in

accordance with Article 191 of this Law, or destroyed or

irretrievably lost as a result of their actual nature and

characteristics or of unforeseeable circumstances or force majeure

and

(d) where goods in respect of which a customs debt is incurred in

accordance with Article 217 of this Law are confiscated upon their

unlawful introduction.

(2) In the event of confiscation of goods, the customs debt shall, nonetheless for

the purposes of the criminal rules applicable to the violation of the customs rules, be

deemed not to have been extinguished where, under criminal rules, customs duties

provide the basis for determining penalties or the existence of a customs debt is grounds

for taking criminal proceedings.

Article 248

A customs debt, as referred to in Article 232 of this Law, shall also be

extinguished where the formalities carried out in order to enable the preferential tariff

treatment referred to in Article 232 to be granted are cancelled.

CHAPTER 5

REPAYMENT AND REMISSION OF DUTIES

Article 249

The terms used in Chapters 4 and 5 of this Title shall have the following meaning:

(a) ‘repayment’ means the total or partial refund of import duties or export

duties which have been paid and

(b) ‘remission’ means either a decision to waive all or part of the amount

of a customs debt or a decision to render void calculation of all or part of

an amount of import or export duty which has not been paid.

Article 250

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(1) Import duties or export duties shall be repaid in so far as it is established

that when they were paid the amount of such duties was not legally owed or that the

amount has been calculated contrary to Article 243 of this Law.

(2) Import duties or export duties shall be remitted in so far as it is established

that when they were calculated the amount of such duties was not legally owed or that the

amount has been calculated contrary to Article 243 of this Law.

(3) No repayment or remission shall be granted when the facts which led to

the payment or calculation of an amount which was not legally owed are the result of

deliberate action by the party.

(4) Import duties or export duties shall be repaid or remitted upon submission

of an application to the appropriate customs authority within a period of three years from

the date on which the amount of those duties was communicated to the debtor.

(5) The period referred to in paragraph (4) of this Article shall be extended if

the party provides evidence that it was prevented from submitting the application within

the said period as a result of unforeseeable circumstances or force majeure.

(6) Where the customs authority itself discovers within this period that one or

other of the situations described in paragraphs (1) and (2) of this Article exists, it shall

repay or remit the duties, acting ex officio.

Article 251

Import duties or export duties shall be repaid where a customs declaration is

invalidated and the duties have been paid. Repayment shall he granted upon submission

of an application by the party within the periods laid down for submission of the

application for invalidation of the customs declaration.

Article 252

(1) Import duties shall be repaid or remitted in so far as it is established that

the amount of such duties calculated relates to goods placed under the customs procedure

in question and rejected by the importer because at the point in time referred to in Article

77 of this Law they are defective or do not comply with the terms of the contract on the

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basis of which they were imported. Defective goods, within the meaning of the first

subparagraph, shall be deemed to include goods damaged before their release.

(2) Repayment or remission of import duties shall be granted on condition

that:

a) the goods have not been used, except for such initial use as may have been

necessary to establish that they were defective or did not comply with the terms of

the contract and

b) the goods are exported from the customs area.

(3) At the request of the party, the customs authority shall permit the goods to

be destroyed or to be placed, with a view to re-export, under the external transit

procedure or the customs warehousing procedure or in a free zone or free warehouse,

instead of being exported. For the purposes of being assigned one of the customs-

approved treatments or uses, the goods shall be deemed to be foreign goods.

(4) Import duties shall not be repaid or remitted in respect of goods which,

before being declared in the customs declaration, were imported temporarily for testing,

unless it is established that the fact that the goods were defective or did not comply with

the terms of the contract could not normally have been detected in the course of such

tests.

(5) Import duties shall be repaid or remitted for the reasons set out in

paragraph (1) of this Article upon submission of an application to the appropriate

customs authority within twelve months from the date on which the amount of those

duties was communicated to the debtor.

Article 253

(1) Import duties or export duties may be repaid or remitted in situations other

than those referred to in Articles 250, 251 and 252 of this Law:

— to be determined in accordance with the regulation referred to in

Article 257 of this Law and

— resulting from circumstances in which no deception or obvious

negligence may be attributed to the party. The situations in which this

provision may be applied and the procedures to be followed to that end

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shall be defined in accordance with the regulation referred to in Article

257 of this Law. Further conditions on repayment or remission shall also

be defined in accordance with this regulation.

(2) Duties shall be repaid or remitted for the reasons set out in paragraph (1)

of this Article upon submission of an application to the appropriate customs authority

within 12 months from the date on which the amount of the duties was communicated to

the debtor.

Article 254

Import or export duties shall be repaid or remitted under the conditions laid down

in this Chapter only if the amount to be repaid or remitted exceeds an amount fixed in

accordance with the regulation referred to in Article 257 of this Law.

Article 255

Repayment of amounts of import duties or export duties shall not give rise to the

payment of interest by the customs authorities. Interest shall be paid where a decision to

grant a request for repayment is not implemented within three months of the date of

adoption of that decision. Such interest shall be calculated in accordance with the amount

referred to in Article 230 paragraph (4) of this Law.

Article 256

Where a customs debt has been remitted or the corresponding amount of duty

repaid in error, the original debt shall again become payable. Any interest paid under

Article 255 of this Law must be reimbursed to the customs authority.

TITLE 8

IMPLEMENTATION OF THE PROVISIONS OF THIS LAW

Article 257

The Government of the Republic of Macedonia shall adopt further

implementing regulations for this Law.

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TITLE 9

VIOLATION TO THE CUSTOMS RULES

CHAPTER 1

General Provisions

Article 258

Failure to perform activities provided for under the provisions of customs rules or

performance contrary to the provisions of customs rules is deemed to be a customs

violation. Violations of customs rules may be criminal acts or customs offences.

Article 259

(1) For a customs offence, the customs authority may initiate a mandatory

procedure, a mediation procedure or an offence procedure before court all in accordance

with law.

(2) If the carried out mandatory procedure or mediation procedure fails, the

customs authority shall initiate an offence procedure before court.

Article 260

(1) The confession of the perpetrator of a perpetrated customs offence

constitutes part of the evidence in a court proceeding.

(2) Proving the contrary than the material evidence before the court and other

state authorities and pursuant to official acts of the customs authority shall be borne by

the perpetrator of the offence himself.

Article 261

(1) During the court proceedings, the goods subject to a customs offence shall be

under customs supervision.

(2) Where the offence proceeding is stopped or terminated and the goods are not

confiscated, such goods shall be returned through the customs authority for the purpose

of carrying out of the appropriate customs procedure.

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Article 262

(1) An offence proceeding on customs offences may not be initiated after three

years from the date of perpetration of the offence.

(2) Prescription shall terminate by any action of the competent authority

undertaken for prosecution of the perpetrator of the offence. Following a suspension of

the time limit, the prescription period continues to run, but an offence proceeding may

not be initiated nor continued after expiration of a five-year period following the date of

perpetration of the offence.

CHAPTER 2

Punitive Provisions

Article 263

(1) A fine of 100.000 to 3.000.000 denars shall be levied against a legal

person and 15.000 to 200.000 denars against a natural person, if such person:

1) enters or exits, or attempts to enter or exit goods in/from the customs area

outside the customs border crossing points or at a time when the customs

border crossing is not open for circulation (Article 46 and Article 192);

2) enters or exits, or attempts to enter or exit hidden goods through the

customs border crossing point (Article 46 and Article 192);

3) removes or attempts to remove the goods from under customs supervision

avoiding customs control (Article 47);

4) fails to without delay convey the goods by the route and instructions of the

customs authority to the customs authority at the border crossing or to another

place designated by such authority, or conveys the goods contrary to the

designated route and instructions determined by the customs authority (Article

48);

5) fails to present the goods to the customs authority (Article 50);

6) fails to cover all goods to be placed under a customs procedure with a

customs declaration (Article 69);

7) by avoiding customs control enters or exits, i.e. attempts to import in/from

the customs area or places or attempts to place under a customs procedure a

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motor vehicle with chassis and/or engine markings different from the factory

imprinted ones or a vehicle bearing falsified registration markings or

registration markings that actually belong to another vehicle, or presents a

falsified registration licence for the vehicle (Article 47, 69, 71 and 72);

8) acts as if the goods were released for free circulation before completion of

the formalities for release of the goods for free circulation and for payment of

all duties prescribed with this Law or other laws or the measures of

commercial policy or other rules related to import of goods were not complied

with (Article 91);

9) contrary to Article 187 paragraph (3) enters goods from the free zone or

free warehouse into the remaining part of the customs area (Article 187);

10) contrary to the provisions, transfers the goods to a third person, gives the

goods to be used by a third person, lends or otherwise uses the goods for other

purposes than those for which such goods were granted relief from payment of

import duties and other duties, i.e. pledges, lends or gives as security the

goods which were granted relief from payment of duties before the import

duties have been settled (Article 200) and

11) achieves or attempts to achieve, by false presentation of the facts or by

misleading the customs authority in any other way, application of autonomous

measures for reduction or suspension of import duties or preferential tariff

treatment or exemption from payment of import duties or relief from payment

of import and other charges or payment in a reduced amount or repayment or

remission import duties or any other relief (Articles 14, 19, 20, 69, 72, 99,

100, 118, 136, 138, 154, 155, 163 to 166 and 185 to 203 and 250 to 254).

(2) A fine of 25.000 to 400.000 denars shall be levied against the responsible

person in a legal person for the offence referred to in paragraph (1) of this Article.

Article 264

(1) A fine of 50.000 to 1.500.000 denars shall be levied against a legal person and

10.000 to 100.000 denars against a natural person, if such person:

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1) fails to submit documents or fails to give information necessary to the

customs authority, i.e. fails to give other necessary assistance for the carrying

out of the customs procedure (Article 14, Article 72 paragraph (2), Article 78

and Article 186);

2) fails to keep the documents within the prescribed periods (Article 17);

3) prepares or induces the preparation of false evidence on the origin of goods

(Article 21 and 26);

4) prepares or induces the preparation of a document containing incorrect data

in order to unrightfully entail granting of preferential origin for the goods the

document covers (Article 21 and 26);

5) fails to lodge a summary declaration in accordance with Article 53 of this

Law or lodges a summary declaration after the prescribed period (Article 53);

6) for the purpose of examination of the goods and the means of transportation

it is transported in, at the request of the customs authority fails to unload and

unpack the goods (Article 56 paragraph (2));

7) carries out unloading or transhipment of presented goods without

authorisation by the customs authority, or carries out the approved unloading

or transhipment at places that are not designated or approved for that purpose,

or fails to inform the customs authority without delay in the case of immediate

danger imposing the necessity of immediate unloading or transhipment of the

goods, or without authorisation by the customs authority, moves the goods

from its original storage (Article 56 and Article 57);

8) fails to carry out the formalities for assignment of one of the customs

approved treatments or uses for goods or fails to carry out such formalities

within the prescribed time limit (Article 58 and Article 59);

9) keeps the goods in temporary storage in places and under conditions

contrary to those approved by the customs authority, or carries out operations

on the goods that alter their appearance or technical characteristics (Article 61

and Article 62);

10) fails to enter in the import customs declaration all particulars for the goods

when such particulars are decisive for the correct tariff classification by

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nomenclature and this entails or may entail payment of import duties or other

charges in a reduced amount (Article 72 paragraph (1));

11) enters in the import customs declaration a tariff indicator contrary to the

particulars on the nature of the goods in box 31 in the SAD which gives rise to

the payment of import duties or other charges in a reduced amount (Article 72

paragraph (1));

12) submits to the customs authority an import customs declaration in which

incorrect particulars on the nature, quality, value or origin of the goods are

entered and this entails or may entail the payment of import duties in a

reduced amount (Article 72 paragraph (1));

13) submits to the customs authority, in regard to the export procedure, an

export customs declaration in which it enters a greater quantity or greater

value or a different origin of the goods (Article 72 paragraph (1));

14) submits to the customs authority, directly or indirectly, and in regard to

the implementation of the import customs procedure, documents in which the

entered particulars are incorrect and provided this entails or may entail non­

payment of the import duties or payment in a reduced amount or the granting

of a customs privilege, benefit or right that it is rightfully not entitled (Article

72 paragraph (2));

15) submits to the customs authority, directly or indirectly and in regard to the

export customs procedure, documents containing incorrect particulars and this

entails or may entail the granting of a customs benefit or right that it is

rightfully not entitled (Article 72 paragraph (2));

16) presents means of transportation to the customs authority for the purpose

of application of a customs marking, although the said means of transportation

is not properly equipped i.e. constructed (Article 82 paragraph (2)).

17) fails to properly protect the customs markings of the goods from

destruction or damage or removes them from the means of transportation

without the authorisation of the customs authority except if due to

unforeseeable circumstances or force majeure the removal or destruction of

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such marking is necessary in order to ensure the protection of the goods or

means of transportation (Article 82 paragraph (2));

18) prior to the release of the goods for free circulation starts to use the goods

(Article 83, paragraph (1) and Article 84);

19) acts contrary to Article 88 or fails to comply with the obligations imposed

on him with the granted authorisation for simplified procedure (Article 88);

20) fails to submit a supplementary customs declaration or fails to submit it

within the prescribed period (Article 88 paragraph (2));

21) fails to comply with the obligations in accordance with the granted

authorisation for customs procedure with economic impact (Article 100,

paragraph (1), Article 129, paragraph (1) and Article 145);

22) fails to notify the customs authority of the activities which followed the

granting of the authorisation for the customs procedure with economic impact

and which are of significance for the contents or validity of the authorisation

(Article 100 paragraph (2));

23) fails to complete the transit procedure and to present the goods to the

customs authority of destination in unaltered state or to present the goods

within the prescribed period or fails to comply with the other measures

undertaken by the customs authority in order to ensure the equivalency of the

goods (Article 106 and Article 109);

24) fails to comply with the obligations and conditions imposed on it as a

warehousekeeper (Article 113, Article 122 and Article 123);

25) fails to comply with the obligations and conditions imposed on it as a

warehouse user (Article 114);

26) fails to keep stock-records of the goods placed in a customs warehousing

procedure in the manner prescribed by the customs authority or fails to keep

them regularly (Article 117 and Article 119);

27) carries on in the customs warehouse activities referred to in Article 118

paragraph (1) and Article 121 of this Law contrary to the authorisation of the

customs authority or without authorisation of the customs authority (Article

118 paragraph (1) and Article 121);

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28) acts contrary to Article 127 of this Law (Article 127);

29) fails to export, i.e. re-export compensated goods within the determined

period within the framework of the inward-processing procedure or fails to,

within such period, request the assignment of a different customs-approved

treatment or use of goods (Article 132 paragraph (1));

30) fails to carry out the processing under customs control procedure in

accordance with the authorisation of the customs authority (Article 147);

31) fails to export the temporary imported goods within the prescribed period

or fails to within such period request authorisation for a different customs-

approved treatment or use of goods to be assigned (Article 153);

32) uses goods in the outward processing procedure contrary to this Law

(Article 158 paragraph (1));

33) fails to in case of prior importation exit the goods within the determined

period (Article 167);

34) fails to provide upon request by the customs authority a copy of the

transportation document accompanying the goods or fails to present the goods

(Article 178 paragraph (4));

35) fails to present the goods referred to in Article 181 paragraph (2) of this

Law on entry into a free zone or free warehouse (Article 181 paragraph (2));

36) fails to aforehand inform the customs authority of the carrying out of an

industrial, commercial or service activity in a free zone or free warehouse or

carries on such activity regardless of the prohibition or limitation set by the

customs authority (Article 183 paragraph (1));

37) fails to keep stock-records of the goods in the carrying out warehousing,

working, processing, sale or supply of goods in the free zone or free

warehouse or fails to keep stock-records in the prescribed form (Article 186);

38) fails to aforehand notify the customs authority of re-exportation or

destruction of the goods (Article 191 paragraph (3)) and

39) notifies the customs authority that certain goods are leaving the customs

area, but does not hold the goods or such goods are not in the means of

transportation (Article 192).

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(2) A fine of 20.000 to 200.000 denars shall be levied against the

responsible person in a legal person for the offence referred to in paragraph (1) of

this Article.

Article 265

(1) A legal person that buys, sells, sells out, receives as gift, conceals, takes in

for storage or transportation, keeps, uses or acquires on any basis goods for which it

knows, or considering the circumstances, must have known, were used for perpetrating

an offence under Articles 263 and 264 of this Law, if the perpetrator committed any of

the actions under Articles 263 and 264 of this Law, shall be punished with the same

penalty prescribed for the perpetrator of the offence.

(2) A fine ranging from 20.000 to 200.000 denars shall be levied for an

offence referred to in paragraph (1) of this Article against a responsible person in a legal

person.

(3) A fine ranging from 10.000 to 100.000 denars shall also be levied for an

offence referred to in paragraph (1) of this Article against a natural person.

Article 266

(1) A fine in the amount of 15.000 denars shall be levied on the spot by the

customs officer against a legal person – perpetrator of an offence referred to in Article

263 and Article 265 of this Law provided the value of the goods does not exceed the

amount of 60.000 denars.

(2) A fine in the amount of 15.000,00 denars shall be levied on the spot by a

customs officer against a legal person - perpetrator of an offence referred to in Article

264 of this Law.

(3) A fine in the amount of 5.000 denars shall be levied by the customs officer

on the spot against a responsible person in a legal person referred to in paragraphs (1) and

(2) of this Article.

(4) A fine in the amount of 3.000 denars shall be levied by the customs officer

on the spot against a natural person – perpetrator of the offence referred to in Article 263

and Article 265 of this Law if the value of the goods does not exceed the amount of

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30.000 denars and the goods are not intended for resale or the carrying out of some

profitable business.

(5) A fine in the amount of 3.000 denars shall be levied by the customs officer

on the spot against a natural person perpetrator of an offence referred to in Article 264 of

this Law.

Article 267

(1) Goods subject of the offence referred to in Article 263 items 1 to 9 and Article

265 in regard to Article 263 items 1 to 9 of this Law shall be confiscated.

(2) Goods referred to in paragraph (1) of this Article shall also be confiscated

where they are not ownership of the perpetrator of the offence, provided the owner of the

goods was familiar or considering the consequences, should have reasonably been

familiar, with the fact that the goods are subject to the offences from Article 263 or 265

of this Law.

(3) Goods referred to in paragraph (1) and paragraph (2) of this Article shall also

be confiscated where after the offence is perpetrated such goods are processed, worked or

completed and the incremental value does not exceed 30% of the customs value of the

goods subject of the offence.

(4) If the goods, subject of the offence are not recovered, the perpetrator of the

offence shall pay an amount proportionate to their value, which, according to the

provisions of this Law, means the customs value and a procedure for collection of import

duties and charges payable on import shall be initiated.

(5) It is deemed that the goods are not recovered if for any reason it is not

possible for them to be confiscated from the owner. It is also deemed that the goods are

not recovered if the goods subject of the offence are processed, or completed or worked

after perpetration of the offence so that the incremental value exceeds 30 % of the

customs value of the goods subject of the offence.

(6) Where there is more than one perpetrator, they shall all be jointly and severely

liable for the value of the goods.

(7) The goods, subject to a customs offence for which a security measure –

confiscation of the goods is prescribed, remain under customs supervision until

conclusion of the offence proceedings.

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Article 268

The goods or the means of transportation with which a perpetration has been

committed shall be confiscated, i.e. their value shall be collected even when an offence

proceeding cannot be initiated against the perpetrator due to the fact that he is either

unknown or unavailable, or due to the existence of other legal obstacles, except in case of

occurrence of absolute prescription.

Article 269

(1) The means of transportation used for transport i.e. carriage of the goods

across the customs line i.e. into the customs area, of the goods subject of the offences

referred to in Article 263 of this Law shall be confiscated provided the value of the said

goods exceeds 20% of the value of the means of transportation and the owner of the

means of transportation, knew or reasonably should have known that it was to be used for

such transportation, i.e. carriage.

(2) Notwithstanding paragraph (1) of this Article, the means of transportation

shall also be confiscated when it has been specially constructed, adapted, altered or

adjusted in whatsoever way for the purpose of concealment of the goods.

(3) Paragraphs (1) and (2) of this Article do not affect the rights of the other

persons to require compensation of the damage from the perpetrator of the offence.

TITLE 10

Transitory and Final Provisions

Article 270

The rights granted with the authorisations and other administrative acts in regard

to the relief from payment of customs duty, in accordance with the Customs Law

(“Official Journal of the Republic of Macedonia” no. 21/98, 26/98, 63/98, 86/99,

25/2000, 109/2001, 31/2001, 4/2002, 55/2002, 42/2003) that were not utilised until the

date of application of this Law, may be used until the expiry of the time limits prescribed

with those acts, but not later than 90 days following the date of application of this Law.

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Article 271

Administrative procedures initiated before the date of application of this Law shall be

completed in accordance with the provisions applicable up to the time of start of its

application.

Article 272

Customs warehouses established before the date of application of this Law shall

continue to operate as customs warehouses provided they make their operation compliant

with the conditions laid down under this Law within a period of six months from the day

of application of this Law.

Article 273

The free economic zones shall make their operation compliant with the conditions

prescribed under this Law at latest by 31 st

May 2006.

Article 274

Persons performing representation activities in the customs declarations lodging

procedure before the entering into force of this Law may continue performing such

affairs of representation without having to comply with the conditions set out in Article 6

of this Law at latest by 30 th

April 2006.

Article 275

With the day of application of this Law, the Customs Law (‘Official Journal of the

Republic of Macedonia’ no. 21/98, 26/98, 63/98, 86/99, 25/2000, 109/2001, 31/2001,

4/2002, 55/2002, 42/2003), as well as the provisions of the Law on Free Economic Zones

(‘Official Journal of the Republic of Macedonia’ no. 56/99, 41/2000, 6/2002) regarding

customs procedures for goods entering or exiting a free economic zone, shall cease to

apply.

Article 276

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This Law shall enter into force on the eighth day following its publishing in the

“Official Journal of the Republic of Macedonia” and shall apply as from 01 st

January

2006.

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