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Monitoring and control of export-import contracts in Uzbekistan

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In the context of the active development of international trade and the integration of the Republic of Uzbekistan into the global economy, transparency and control of foreign trade operations are of particular importance. The Resolution of the Cabinet of Ministers dated May 14, 2020 No.283 approved the Regulation on the procedure for monitoring and control over the implementation of foreign trade operations. This document establishes uniform rules for economic entities (exporters and importers), banks, customs authorities and other participants in foreign economic activity, and also defines technical and procedural control mechanisms.

Unified E-system - digital basis for monitoring

Unified Electronic Information System of Foreign Trade Operations is a key instrument that ensures:

  • Electronic exchange of data in real time between legal entities, banks, customs authorities and the treasury.
  • Assignment of unique identification numbers to foreign trade contracts and invoices.
  • Formation of a database of settlements, deliveries, certificates of work performed and services rendered.

 

Procedure for monitoring operations

Monitoring is carried out in several stages:

  1. Data entry into the Unified E-system by business entities, exchanges and banks.
  2. Comparison of information by banks and customs authorities when making payments and filing declarations.
  3. Transfer of information to tax authorities upon detection of violations.
  4. Analytical and control work of customs and currency authorities.

 

Payment terms and liability

Strict deadlines have been set:

  • Import - clearance of imported goods or refund no later than 180 days after payment.
  • Export - receipt of proceeds or return of goods within 180 days from the date of customs clearance.
  • In some cases, the period may be extended to 365 days (for example, for prepayments).

Failure to comply with the deadlines will result in a fine under Article 11-1 of the Law “On Currency Regulation”.

There are exceptions for long-term supplies of equipment, investment projects and other special cases.

 

New Possibilities and simplifications

  • Possibility of working on invoices without concluding a separate contract for certain operations.
  • Export via online stores and electronic trading platforms.
  • Payment for foreign advertising within the established limit using corporate cards.

The measures taken not only tighten control over foreign trade operations, but also significantly simplify procedures for businesses through the digitalization of processes. The Unified E-system has become a key instrument of state regulation and increased transparency in the field of foreign economic activity.

For market participants, this means the need to strictly adhere to deadlines, correctly prepare documents, and enter data into the system in a timely manner. At the same time, the digital platform opens up opportunities for more efficient interaction with government agencies and minimizing administrative barriers.

 

Requirements for the content of foreign trade contracts and invoices

No.

Section / Props

Detailed content

Additional terms and comments

1

Preamble

- Contract number;

- Place and date of conclusion;

- Full name of the legal entities of the parties;

- Positions, full names of persons who signed the contract;

- Basis of authority (charter, power of attorney)

When concluding an agreement by proxy, attach a copy of the proxy and indicate this in the preamble.

2

Section on the parties

- Full details of the parties: postal address, bank details, shipping details

For residents - INN (legal entities) or PINFL (individuals)

3

Item contract

- Name of goods/works/services;

- Type of transaction;

- Characteristics and assortment in terms of quantity and quality;

- International or national standards;

- Type, model, brand, grade;

- Availability of a state registration certificate or certificate of conformity (if any)

For equipment - indicate its newness or the fact of use (percentage of wear, service life)

4

Code goods

Code according to HS Code

Mandatory For all goods

5

Quantity goods

It is indicated in international units of measurement (metric system) or in national units according to the established procedure.

Additional units of measurement are possible if necessary.

6

Quality goods

Description of properties, suitability for use, references to standards

Mandatory for all contracts for the supply of goods

7

Basic conditions supplies

Determined according to Incoterms rules, indicating the place of delivery (station, port, airport, etc.)

The abbreviation Incoterms and the specific delivery point are indicated.

8

Deadlines execution

Dates or periods of delivery of goods/rendering of services/performance of work

The deadlines specified by the supplier/contractor are final.

9

Price and total contract amount

Unit price of goods (according to HS Code) and total transaction amount

In contracts for equipment with installation, training, royalties - amounts are allocated separately

10

Terms and Conditions payment

- Contract currency and payment currencies;

- Form of payment (letter of credit, prepayment, post-payment, etc.);

- Due date;

- Conversion rate for currency differences

The source of the exchange rate is specified in the contract.

11

Origin goods / place works

- Country of origin of goods;

- Manufacturer;

- Place of performance of work or provision of services

For all supplies of goods and services

12

Responsibility sides

Conditions for payment of fines, penalties, compensation for damages

Penalties are issued in the form of obligations

13

Special conditions for barter contracts

- Advance delivery of imported goods;

- Or a counter bank guarantee

Mandatory for all barter transactions

14

Language contract

State or other by agreement of the parties

For a foreign language - a notarized translation into the state language

15

Changes and additions

All changes are recorded in an additional agreement and entered into the Unified E-system

When changing the counterparty country (not in the free trade zone) - adjustment of customs declarations is mandatory

16

Opportunity to work by invoice

Export/import based on invoice without separate contract (except for restricted goods)

Data entry into the Unified E-system is required; for certain goods, partial prepayment is required.

17

Mandatory details invoice

- List of goods/services;

- Quantity and price;

- Official specifications;

- Delivery conditions;

- Sender and recipient details;

- Country of origin;

- Total amount and currency;

- Date and invoice number

The invoice must comply with international commercial practice.

 

Procedure for monitoring foreign trade operations

Stage

Participants

Actions

Deadlines

1. Input data

Business entities (exporters, importers)

- Enter information about contracts, invoices, certificates of conformity, and state registration certificates into the Unified E-system;

- Enter acts of completed work and services rendered

Before the commencement of foreign trade operations;

Acts - before the 20th day of the month following the month of preparation

 

Exchanges (fairs)

Enter information about contracts concluded at auctions

Within 1 working day after conclusion

 

Treasury

Enters data on payments under contracts of budgetary organizations

Online, at implementation calculations

2. Comparison data

Commercial banks

- Verify the information in the Unified E-system with contracts when making payments/opening a letter of credit;

- Enter information about payments, guarantees, insurance policies

At each operations

 

Customs organs

- Verify data from contracts and invoices in the Unified E-system with the customs declaration;

- Check the cost, quantity, delivery conditions

Upon arrival or shipment of goods

3. Monitoring execution

Currency control authorities

Commercial banks

Customs authorities

Constant monitoring of the timing of receipt of proceeds from export and import of goods/refund of funds from import

Constantly

4. Transfer information at violations

Banks, customs organs

They forward information about violations to tax authorities

At identification

 

Tax service

Sends a request for a fine to the subject

In writing or electronically, immediately after receiving the information

5. Special rules

Treasury

Verification of data on contracts of budgetary organizations before payments

Before conducting payment

 

State Unitary Enterprise “Center for Comprehensive Expertise of Projects and Import Contracts”

Expertise of strategic contracts and government contracts

To registration in the Unified E-system

 

Exporters through Internet

Enter information about invoices and customs declarations, ensure receipt of payment

Before shipment or within the specified time frame

 

The procedure for monitoring the implementation of foreign trade operations

No.

Object control

Term execution

Who controls

What is being checked

Consequences violations

1

Imported contracts

No more than 180 days from the date of payment

Commercial banks, currency control authorities, customs

- Registration of goods in the customs regimes of “import”, “processing in customs territory”, “customs warehouse”, “free warehouse”, “free customs zone”;

- Refund of funds paid in case of non-delivery

Fine under Article 11-1 of the Law "On Currency Regulation"

2

Export contracts (goods)

No more than 180 days from the date of customs clearance "export", "re-export" or "free warehouse"

Currency control authorities, commercial banks, customs

- Receipt of foreign currency proceeds;

- Return of goods in case of non-payment

Fine under Article 11-1 of the Law "On Currency Regulation"

3

Export services and works

No more than 180 days from the date of signing the acceptance certificate

Currency control authorities, commercial banks

- Receipt of payment for work/services

Fine under Article 11-1 of the Law "On Currency Regulation"

4

Prepayment transactions (export or import)

No more than 365 days from the date of receipt/transfer of funds

Banks, customs, currency control

- Registration of goods in the specified customs regimes;

- Performance of works/services

Fine under Article 11-1 of the Law "On Currency Regulation"

5

Calculations through correspondent banks

Within the framework term contract

Banks, currency control

- Exclusion of bank commission from accounts receivable

No penalty is applied, the commission is included in the expenses

6

Factoring and pre-export financing

Within the framework term contract

Banks, currency control

- Reduction of the amount of foreign exchange earnings by the amount of remuneration (no more than 10%)

No penalty applies if conditions are met

7

Force majeure

Extension for the duration of the circumstances

Currency control, banks

- Availability confirmations authorized representative organ

Extension term without fines

8

Strategic and government contracts

To execution obligations

State Unitary Enterprise "Center for Comprehensive Expertise of Projects and Import Contracts"

- Passing mandatory examination;

- Compliance with legal requirements

Operations are not performed without examination.

9

Long term supplies equipment

Over 180 days with technical justification

Currency control, banks, customs

- Compliance with contract terms and technical documentation

Exception from overdue payments

10

Violation deadlines repatriation

After expirations established deadlines

Tax organs

- Formation and submission of a request for a fine

Application of a fine, possibility of partial refund upon subsequent repatriation

 

Liability for violation of the Regulation

No.

View violations

Liable party

Consequences / sanctions

Exceptions

1

Late repatriation of foreign exchange earnings under export contracts

Business entities (exporters)

Fine under Article 11-1 of the Law "On Currency Regulation"; blocking of transactions

Force majeure; deadlines for government contracts and approved projects

2

Late import of goods or refund of funds under import contracts

Business entities (importers)

Fine; suspension of new contracts

Long lasting supplies equipment; investment projects

3

Failure to enter or late entry of data into the Unified E-system (contracts, invoices, certificates)

Business entities

Bringing to administrative responsibility; blocking operations until elimination

No

4

Errors or distortion of information in the Unified E-system

Business entities, banks, customs authorities

Mandatory correction; penalty for failure to comply with deadlines

No

5

Changing the terms of the contract without an additional agreement and entering the data into the Unified E-system

Business entities

Fine; recognition of a transaction as violating the settlement procedure

No

6

Carrying out settlements bypassing accounts in banks of the Republic of Uzbekistan (in the absence of exceptions)

Business entities

Fine ; confession operations invalid

Cases provided for by law

7

Violation of requirements for the execution of contracts (lack of mandatory details)

Business entities

Refusal to register in the Unified E-system; impossibility of making payments

No

8

Unauthorized access, disclosure of data of the Unified E-system

Officials of customs, banks, currency and tax control authorities

Administrative or criminal liability; disciplinary measures

No

9

Abuse of official position when working with the Unified E-system

Officials faces authorized organs

Criminal and administrative liability; dismissal

No

10

Refusal to eliminate overdue debt after receiving a demand from the tax authority

Business entities

Compulsory collection of the fine; possible blocking of foreign economic activity

Partial repatriation within the established period (refund of part of the fine)

 

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