Article 23
The provincial Governorate-General shall be
responsible for creating administrative and infrastructural facilities,
quarters required by customs to install its personnel and other investments on
the Iranian side of the marketplace. However, in setting up the marketplace on
the zero point of the frontier, maintaning public order and monitoring the
movement of individuals, due coordination shall be established with the Border
Guard authorities.
Note. The manner in which people are to
conduct activities and move about in the marketplace, shall be regulated by the
provincial governor's office, through issuance of permit.
Article 24
Temporary Admission
The pre-exportation imports of primary materials and goods to be incorporated in producing, processing, finishing and packaging export goods as referred to in Article 12 of the Law shall be subject to the following provisions:
1. Conditions for import licensing
1.1. Permission for temporary admission covered by this Article shall
only be granted to the factories, companies and productive units (whether guild
or industrial) that hold a valid production permit. Trading units and
cooperatives may benefit from the provisions of this Article only if they have
concluded a contract with the productive units holding a valid permit.
1.2. The maximum quantity of primary materials and goods to be imported
shall be equal to the nominal annual capacity of the unit manufacturing or
producing the goods.
1.3. Exporters who engage in temporary admission of primary materials,
parts, and other production-related supplies are required to export finished
goods equivalent at least to 125% of the value of goods admitted temporarily.
If after the fulfillment of the said obligation, a fraction of the imported
goods and parts is allocated to be used in goods for domestic market, that
fraction shall be considered as outright imports and be subject to the payment
of customs duty, commercial benefit tax, other levies, and the relevant
"difference", calculated on the basis of rates prevailing at the time
when the declaration for temporary admission is being converted into
declaration for outright imports.
Note. It shall be the duty of the Customs
Administration to publicly proclaim the multipliers that it applies, or obtains
from the productive ministries.
1.4. Exporters who need to import packaging
requisites, including cartons, boxes, gunny sacks, etc. under the temporary
admission arrangements are exempted from the provisions of this Article.
2. The moratorium to export goods made of the
primary materials, and intermediate and complementary goods referred to in this
Article, as well as goods processed or packaged using the goods under this
Article shall be one year from the entry date of materials. In the case of
goods requiring longer period of time, the aforesaid moratorium shall be
extendable for one year, at the discretion and by the approval of the Customs
Administration.
Note. It shall be the duty of the Customs
Administration to prepare, at the end of each month, a list of imported primary
materials to be sent to the Ministry of Commerce and the relevant productive
Ministry for consideration and supervision. The list shall contain the
following information: number of the order, date of the permit, specification
and address of the applicant, description of the goods, quantity of the goods,
CIF value of the goods in dollars, the equivalent Rls. value, and the type of
security and letter of guarantee obtained.
3. To allow the temporary admission of goods
covered by this Article, the Customs Administration shall obtain valid security
or promissory note as hereunder set forth, in compliance with the provisions of
Customs Affairs Law and the executive ordinance thereof.
3.1. From state factories, companies and
productive units promissory note or statement of obligation in writing, as may
be determined by the Customs Administration of Iran.
3.2. From private and cooperative factories,
companies and productive units (whether guild or industrial) promissory note as
may be determined by the Customs Administration of Iran.
3.3. From merchants and guild members,
promissory note at the discretion of head of the Customs Administration of Iran
in the amount of double CIF value.
Note 1. The lodging of above security shall
not impede the provisions of the Customs Affairs Law from being enforced in the
case of imports which are entered benefiting from this Article, but not
exported within the prescribed moratorium or extension thereof.
Note 2. It shall be the duty of the Customs Administration to provide utmost facilities for well-reputed exporters. The directive relating to this section shall be prepared and publicly announced by the Customs Administration.
4. The selfsame primary materials and goods imported through temporary
admission may be returned. To determine the identicality of materials and goods
to be returned to those of temporary admission shall rest in the Customs
Administration.