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Article 9: |
Notwithstanding the provisions of any other law or
legislation, the goods entering the kingdom shall be subject
to the customs duties prescribed in the customs tariff and
the other due fees and taxes except the goods excluded under
the provisions of this Law or the provisions of the
encouragement of investment Law or any concession Law or any
international agreement.
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Article 10: |
The
duties of the customs tariff shall be either advalorem ( in
percentage of value of goods ) or qualitative ( a lump sum
for each unit of the commodity). The fees of the tariff
could be both advalorem and qualitative for the same kind of
goods.
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Article 11: |
The
ordinary customs tariff shall be applied to goods from all
countries, subject to provisions of article 12 of this law.
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Article 12: |
Preferential
Tariff duties shall apply to goods originating in countries
bound up with the Kingdom by agreements granting
preferential statuses pursuant to such agreements.
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Article 13: |
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The council of ministers shall form a senior customs
committee from those who are well-experienced where the
minister shall be the chairmen. Its duty is to give
consultation in respect of whatever may help in achieving
the purposes of this law.
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A council called customs tariff council shall be formed and
consist of: minister of finance as chairman, minister of
trade and industry, minister of supply and the director as
members.
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Article 14: |
Customs
Tariff schedules shall be issued, and customs duties shall
be imposed, amended, canceled and the effective date thereof
shall be determined by a decision from the council of
ministers upon recommendation from the customs tariff
council. The decision shall be published in the official
gazette.
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Article 15: |
Upon
recommendation of the customs tariff council, the council of
ministers shall decide to:
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Impose
compensating fees on some imported goods.
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Take the
necessary measures including quotas to counteract measures
taken by some countries which are harmful to national
economy.
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Take
measures provided for in this article in compliance with safegarding
national economy to the extent that the council of ministers
deems necessary
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Article 16: |
Imported
goods declared for free circulation or for re- export and
goods coming from free zones and duty-free shops to be
submitted for local consumption shall be subject to the
customs tariff duties in force at the date of registering
their customs declarations at customs houses.
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Those goods
intended for re-exportation and on which customs duties have
been paid before wholly entering the customs zone, the part
of those goods which has not yet entered shall be subject to
the tariff in force upon entering the customs zone.
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Article 17: |
The
declarant may, upon a written request from the owner of the
goods, apply for the director’s approval to subject goods
declared for local consumption to the tariff classification
of the highest rate.
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Article 18: |
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When
duties on goods stored in the warehouse are due for
collecting by reason of expiry of the deposit delay period
and failure to extend it, the provisions of the tariff in
force at the time of expiry of the deposit delay period
shall be applied.
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The goods
withdrawn illegally from the warehouse or those goods found
short upon reviewing the warehouse's account shall be
subject to the tariff in force at the date of the last
withdrawal from the warehouse or the date at which the
shortage was discovered or the date of its occurrence if
this was possible to determine depending on whichever higher
in duties.
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Article 19: |
Pending goods
with duties under guaranteed undertakings which have not
been presented to the department shall be subject to the
tariff in force at the date of the registration of these
undertakings or the date of the expiry of the granted
periods depending on whose duties are higher, while delay
goods with pending duties whose declaration has been
presented to the department by the concerned person with the
aim of submitting them for consumption shall be subject to
the tariff in force at the date of the registration of this
declaration relevant to their submittal for consumption.
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Article 20: |
Smuggled
goods or goods treated as being smuggled shall be subject to
the tariff duties in effect at the date of the discovery or
occurrence of he smuggling if determinable, or the date of
the compromise settlement, whichever is higher.
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Article 21: |
The
Tariff in effect at the date of the sale shall be applied to
goods sold by the department to be submitted for consumption
in accordance with the provisions of this Law.
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Article 22: |
The Tariff in
force shall be applied on goods subject to advalorean rates
in accordance with their estimated value under their present
condition unless the tariff states otherwise. Concerning
goods subject to qualitative rates, the said rate shall be
levied regardless of conditions of goods unless the
department is convinced that the damage of goods is a result
of an accident or force majeure in which case the rate of
the damage caused to the goods is deducted from the
qualitative rate.The rate of such damage shall be determined
by a decision from the director upon recommendation of the
special committee provided for in article 80 of this law.
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The
declarants shall have the right to contest the director’s
decision before the customs court within the period
prescribed in the above-mentioned article.
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Article 23: |
Provisions
of articles 16 - 22 of this law shall be applied to all the
other fees and duties which the department levies unless
otherwise is prescribed by another Law.
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Chapter Two |
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Distinctive Characteristics of Goods
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Section 1: Origin Of Goods
A- Nonpreferential Origin
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Article 24: |
The origin of goods is their producing country.The source of goods is the
country from which they were directly imported. The
commodity produced in a certain country is that which is
wholly produced or acquired in such country including:-
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Mineral products.
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Plant products.
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Live animals.
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Derivatives of live animals.
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Fishing and / or hunting products.
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Maritime fishing products and other products acquired from
the sea, outside the territorial water of a country, by
fishing boats registered in the country concerned and
raising said country’s flag.
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Goods produced or acquired on board industrial ships from
the products mentioned in item f of this Article, and which
are originated in that country, provided that such ships are
registered in said country and raising its flag.
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products taken from the sea - bed or the underneath soil
thereof outside the territorial water provided that said
country has special rights to exploit the sea - bed or the
underneath soil mentioned above.
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Waste products derived from manufacturing operations and
used materials, if collected therein and are fit only for
re-covering raw materials.
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Goods produced in that country exclusively from goods
referred to in items (A) to (I) or from their derivatives at
any production stage.
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Article 25: |
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Goods, the production of which involves more
than one country, are considered to be of an origin of the
country where the final processing of such goods takes
place, provided that the production shall be done in a
project prepared to that effect which will result in the
manufacture of a new product.
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Goods imported from a country other than that of origin
shall be subject, after being submitted for consumption in
said country, for the Customs Tariff applied to goods of the
country of origin or source whichever of them is higher.
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Goods which undergo additional processing in a country
other than that of origin, shall be subject to the
Customs Tariff applied to goods of the country of origin
or country of manufacture, according to the processing
degree, and in accordance with the basis provided for in
paragraph (A) of this Article.
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Article 26: |
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Imported goods shall be subject to prove
their origin. The conditions of proving the origin and the
exemption cases thereof shall be determined by a decision
from the Minister upon recommendation from the Director.
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The Department shall have the right to request additional
evidence to prove the origin of goods in case of doubting
the authenticity of the presented certificate of origin.
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B- Preferential Origin
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Article 27: |
The rules on
preferential origin shall be determined and implemented in
accordance with agreements concluded between the Kingdom and
other parties and which provide for the granting of
preferential tariff treatment.
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Section 2: Customs Value
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Article 28: |
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Customs value of imported goods shall be the transaction
value, that is the price actually paid or payable for the
goods, when bought, provided:-
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That there are no
restrictions as to the disposition or use of the goods
other than restrictions which are provided for in this
Law or any other Law or restrictions which limit the
geographical area in which the goods may be resold or
those which do not substantially affect the value of the
goods.
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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.
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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 the provision of
paragraph (F) of this Article.
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That the buyer and seller are not related.
Persons, either being natural or legal, shall be deemed
to be related only if:--
They are officers or directors of one another’s business.
They are legally recognized partners in business.
They are employer and employee.
Any person directly or indirectly owns not less then 5
percent of the outstanding voting stock or shares.
One of them directly or indirectly controls the other.
Both of them are directly or indirectly controlled by a
third person.
Together they directly or indirectly control a third person.
They are members of the same family up to the third degree.
The fact that the buyer and the seller are related
within the meaning of paragraph B of this Article shall
not in itself be grounds for regarding the transaction
value as unacceptable provided that the relationship did
not influence the value.
In a sale between related persons, the transaction value
shall be accepted and the goods valued in accordance with
the provisions of paragraph (A) whenever the importer
demonstrates that such value closely approximates to one of
the following test values of goods imported within 90 days
before or after the date of importation:-
The transaction value in sales of identical or similar goods
to buyers unrelated to the sellers for export to the
Kingdom.
The customs value of identical or similar goods as
determined under the provisions of paragraph (C) or (D) of
Article 30.
In applying the test values mentioned in paragraph (D) of
this Article, due account shall be taken of demonstrated
differences in commercial levels. quantity levels and costs
provided for in paragraph (F) of this Article.
In determining the transaction value, the following costs
shall be added to the extent that they are not included in
the price actually paid or payable for the imported goods:-
Commission and brokerage, except buying commission.
The cost of containers which are treated as being for
customs purposes part of the goods.
The cost of packing whether for labour or materials.
The value 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 of
the imported goods:-
Materials, components and parts incorporated in the
imported goods.
Tools, dies and molds used in the production of the
imported goods.
Materials consumed in the production of the imported
goods.
Engineering, development, artwork, design work, and plans
and sketches carried out elsewhere than in the Kingdom and
necessary for the production of the imported goods.
Royalties and license fees of using the concession right
related to the goods being valued that the buyer must pay,
either directly or indirectly, as a condition of sale of the
goods.
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.
The cost of transport of the imported goods to the port or
place of importation.
Loading, unloading, handling and insurance charges
associated with the transport of the imported goods to the
port or place of importation.
No additions shall be made to the price actually paid or
payable in determining the transaction value except as
provided in paragraph (F) of this Article. Additions to the
price actually paid or payable shall be made only on the
basis of objective and quantifiable data, otherwise it will
be impossible to determine the transaction value under this
Article.
When the Jordan Customs has reasonable reasons
to doubt the truth of the produced documents, despite
the conformity of the provisions of this Article, it
shall communicate to the importer, in writing if
requested, its grounds for doubting the truth or
accuracy of the presented documents and the importer
shall be given a reasonable opportunity to respond. In
case the importer fails to present the evidence
acceptable by the Department within the given period,
then the provisions of Articles (29,30 31) shall be
applied successively.
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Article 29: |
Whenever the customs value cannot be determined
under the provisions of Article 28, then it shall be
determined in accordance with items (A-D) of Article 30:
according to the order shown therein and by applying methods
successively until determining the customs value in
accordance with the first possible method. At the request of
the importer and the Department’s approval, the order of
application of items (D) and (C) Article 30 may be reversed.
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Article 30: |
The customs value shall be:-
The transaction value of identical goods sold for export
to the Kingdom and exported at or about the same time as the
goods being valued. In applying this Article, differences in
commercial level, quantity, distance and means of transport
shall be taken into account. If, when applying this item,
more than one transaction value of identical goods is found,
the lowest of these values shall be used to determine the
customs value of the imported goods.
The transaction value of similar goods sold for
export to the Kingdom and exported at or about the same
time as the goods being valued. In applying this
Article, it shall be taken into account the
discrepancies arising from differences in commercial
level, quantity, distances and modes of transport. If,
in applying this item, more than one transaction value
of similar goods is found, the lowest of such values
shall be used to determine the customs value of the
imported goods.
If the imported goods or identical or similar imported goods
are sold in the Kingdom in the condition as imported, the
customs value of the imported goods shall be based on the
unit price at which the imported goods or identical or
similar imported goods are sold in the greatest aggregate
quantity, at or about the time of the importation of the
goods being valued, but before the expiration of 90 days
after such importation, to persons who are not related to
the persons from whom they buy such goods, provided that
deductions must be made in the commissions usually paid in
the Kingdom or agreed to be paid and the additions usually
made for profit and general expenses of goods of the same
class or kind regardless of their origin, and in the usual
costs of transport and insurance incurred within the
Kingdom, as well as in the customs duties and the other fees
and taxes and other national taxes payable by reason of the
importation or sale of the goods in the Kingdom.
If neither of the goods provided for in paragraph (C/1) of
this Article are sold in the condition as imported, then the
customs value shall be based on the unit price at which the
imported goods, after further processing, are sold. Due
allowance shall be made for the value added by such
processing and the deductions provided for in the foregoing
paragraph.
The customs value of imported goods under the provision
of this item shall be based on a computed value. Computed
value shall consist of the sum of:-
the cost or value of materials and fabrication or other
processing employed in producing the imported goods.
an amount for profit and general expenses equal to that
usually reflected in sales 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 to the Kingdom.
wages, cost and expenses provided for in items 7-8 paragraph
(F) of Article 28.
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Article 31: |
Where it is impossible to determine the
customs value under the provisions of Articles 28, 29, 30,
then it shall be determined by directives issued by the
Minister and shall be published in the Official Gazette.
If the importer so requests, the importer shall be
informed in writing of the customs value determined and the
methods used to determined such value.
Every declaration should be accompanied by an original
list (invoice) attested by the chamber of commerce of the
city where commodity has originated or by any agency
acceptable for the Department confirming the authenticity of
prices and origin. These documents shall also be attested by
the Jordanian Consulate Missions and in case these Missions
are not existing it would be sufficient to attest them by
chambers of commerce or official bodies.
The Director may allow the completion of formalities of
clearing the commodity without the presentation of the
attested lists and the required documents in return for cash
guarantee not exceeding 2% or a bank security not exceeding
4% of commodity value for each document,provided that this
deposit shall be refunded to payer as soon as he presents
the attested lists and the required documents within (60)
days of date of payment.
The attested list or whole or part of terms thereof may
be disregarded in accordance with instructions issued by the
Minister for this purpose upon recommendation from the
Director, where cases of disregared to that list shall be
determined and published in the Official Gazette.
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Where the declared value is calculated in foreign
currency, it shall be converted into local currency. The
conversion shall be made on basis of rate of exchange duly
published by the Central Bank on date of registering the
declaration.
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The Department shall have the right to request the
documents, contracts, correspondences and others related to
the transaction, including documentary credits.
Commodity kind shall be written in Arabic, in compliance
with the customs tariff, on the invoices issued in foreign
language.
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Article 32: |
The value declared in export is the value of the
goods at the time of the registration of the customs
declaration added to it all the expenses incurred up to the
time of the commodity's arrival at the border.This value
shall not include:
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The duties and taxes imposed on exportation if existed.
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The local taxes and others refundable upon export.
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Section 3: Kind
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Article 33: |
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For the purposes of determining the kind,
decisions of analogy and classification of goods not
mentioned in Customs Tariff schedules shall be issued by a
decision by the Minister upon recommendation of the Director
and in pursuance of rules stated in the schedule. These
decisions shall be published in the Official Gazette.
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Subject to explanatory notes of Tariff issued by the
World Customs Organization, additional and applicable terms
of Tariff shall be issued by the Director by decisions in
which he shall determine their effective date. Such
decisions shall be published in the Official Gazette.
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