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Home > Custom Law > Chapter Six - Statuses of Pending Duties

Statuses of Pending Duties

 

 Chapter One


General Provisions
 

Article 88:

It shall be permitted to admit the goods into the Kingdom and transport them from one place to another within or across the Kingdom with suspension of the payment of customs duties and other taxes and fees relating to these goods. Under such conditions, guarantees shall be submitted to ensure payment of fees and duties in cash or in bank securities or guaranteed undertakings in accordance with the provisions issued by the Director.
 

Article 89:

Materials and brands accepted under any of the statuses of pending duties shall not be used or allotted or disposed of for other purposes and objectives other than those they are imported for and declared in presented declarations.
 

Article 90:

Bank securities and guaranteed undertakings shall be released and guaranteed taxes and duties shall be refunded when necessary on the basis of the release certificates and in accordance with the terms set out by the Director.
 

 Chapter Two


Goods in Transit - General Provisions
 

Article 91:

  1. Goods of foreign origin may be transported according to transit status by crossing one border to exit across another. Such transit status shall end when producing copies of the declarations duly signed from the first customs house in the neighboring country or producing a certificate of arrival from the country of destination or by any other evidence accepted by the Department.
     

  2. Delay periods needed for transport according to transit status and the documents necessary for releasing and discharging the declarations shall be specified by directives issued by the Department.

Article 92:

Transit operations shall not be carried out except at authorized customs houses.
 

Article 93:

The transit goods according to transit status shall not be subject to restriction or prohibition unless the Laws and regulations in effect provide otherwise.
 

Article 94:

  1. It shall not be permitted to store transit goods except in free zones. The Director, may for justified reasons and within the terms and guarantees which he determines, allow the storing of the transit goods in a public store for a period of ninety days. If the goods were not withdrawn after the expiry of this period and the Director did not agree to an extension, the Director may take the necessary measures to sell the goods in a public auction and the remaining sum , after deducting the due fees, duties and costs as well as the fines due by the Law and which should not exceed 10 % of the value of the goods , shall be deposited in trust account. The remaining sum, shall not be refunded if it was not claimed within three years from the date of the sale.
     

  2. It shall be permitted to release the transit goods for local consumption by a decision from the Director and after consulting the authority concerned.


Ordinary Transit
 

Article 95:

Goods may be transported under ordinary transit status on the designated routes by all transportation means under the responsibility of the undertaking signatory.
 

Article 96:

Provisions of the customs declaration and examination prescribed in this Law shall apply to the goods maintained in the previous Article.
 

Article 97:

Goods transported under ordinary transit status shall be subject to all the terms set out by the Director concerning the sealing of packages and containers and means of transportation and the submission of guarantees and other obligations.
 


Private Transit
 

Article 98:

  1. Transport of private transit goods shall be carried out through railway agencies and vehicles and aircraft transport companies licensed or by any other means by a decision from the Director. The responsibility of this shall be borne by these agencies and companies.
     

  2. The Director shall issue licenses for the agencies and corporations provided for in paragraph (A) of this Article. Those licenses shall include the guarantees which should be presented as well as all the other terms. The Director may suspend the license for a limited period or cancel it when a violation of the specified terms and regulations occurs or when the private transit is misused through committing acts of smuggling by the licensed transport means.

Article 99:

The routes and tracks through which the transportation of private transit goods may be carried out and the terms of this kind of transportation shall be determined by a decision from the Director subject to compliance with the agreements concluded with other countries.
 

Article 100:

Provisions of procedures relating to the customs declaration and inspection shall not apply to the goods transported under private transit. It shall be sufficient for such goods to present a brief manifest and carry out a general inspection unless the Department deems it necessary to carry out a detailed examination.
 

Article 101:

Provisions of private transit prescribed in this Law for the implementation of the agreements including regulations for transit shall be applicable unless prescribed otherwise in these agreements.
 


Transit by International Documents
 

Article 102:

Companies and agencies licensed by the Director may carry out transportation under transit status by international documents after presenting the required guarantees. This transportation shall be carried out by international booklets and documents and on vehicles of certain specifications and conditions accepted by the Director.
 


Transport of Goods from One Customs House to Another
 

Article 103:

Goods may be transported from one customs house to another , provided that such transportation shall be subject to the same provisions applied to transport according to transit status.
 

 Chapter Three


Warehouses
 


A - General Provisions
 

Article 104:

Goods may be stored in warehouses without paying fees and taxes in accordance with the provisions of this section. These warehouses are divided into two types :- Public and Private.
 

Article 105:

All gates of places designated for the public warehouses shall be locked by two different padlocks. The key of one of them shall be kept with the Jordan Customs and the other with the party concerned.
 

Article 106:

Goods shall not be admitted into all types of warehouses except after presenting a storage declaration arranged in accordance with the provisions of this Law. Examination shall be carried out under such provisions. In order to control the circulation of goods in the warehouses , the Department must keep special records to follow up all operations relating to these goods.These records shall serve as a reference to match the stock of the warehouses with their entries.
 

Article 107:

Goods shall be kept in the public warehouses for a period not exceeding one year which may be extended for another year by a decision from the Director.


B - The Public Warehouse
 

Article 108:

  1. Terms of operation, storage fees and other costs and revenues payable to the Department and the guarantees to be presented and any other provisions relating to such warehouses shall be determined by directives made by the Minister upon the Director’s recommendation , such directives shall be published in the official Gazette.
     

  2. The Minister, upon recommendation from the Director, may license a public corporation or a company to set up a public warehouse. This decision shall specify the location of the warehouse, and the authority entrusted with its management.

Article 109:

It shall not be permitted to store in a public warehouse the specified prohibited goods, explosives or semi-explosive materials, radiant materials, inflammable materials, goods bearing signs of decay, goods whose presence in the warehouse entails dangers or threatens the quality of other products, goods whose preservation requires special facilities as well as bulk goods unless the warehouse is designated for that purpose.
 

Article 110:

The Department shall have the right to supervise public warehouses run by other bodies. The investing body shall be the only one responsible for the stored goods therein in accordance with the provisions of laws in force.
 

Article 111:

The investing body of the public warehouse acts before the Department on behalf of the owners of the goods stored in the warehouse with regard to all the owners obligations towards the storing of these goods.
 

Article 112:

  1. Upon the expiry of the storage period , the Department shall have the right to sell the goods stored in the public warehouse if the owners of the goods fail to re-export them or put them for consumption.
     

  2. The sale shall be made one month after notifying the investing body and the owner of the commodity or his representative. The total sum of the sale , after the deduction of fees and taxes and other costs , shall be deposited in trust with the Department so as to hand it over to the concerned persons. The right to claim the sum drops three years after the date of the sale and the sum becomes a treasury revenue.
     

  3. The sale shall be carried out by public auction and by a committee consisting of two customs officials from the customs house concerned, one of whom shall head the committee , and a representative from the Municipal Council and another from the Chamber of Commerce or Industry as the case may be provided that the auction takes place in the presence of all the committee members.

Article 113:

In the public warehouse , it is permitted to take off the covers of the goods, transfer the goods from one container to another, assemble the packages or separate them and carry out all other acts aimed at maintaining the products or improving their appearance or facilitating their disposal and all this shall be done upon the consent of the Director and under supervision of the Department and the official competent party.
 

Article 114:

  1. Customs duties and other fees and taxes shall be collected for the entire amounts of the goods which had been stored. The investing body of the warehouse shall be responsible for these fees and taxes in case of any increase or decrease or loss in the goods or in case of replacement of goods in addition to fines imposed by the Department under the provisions of this Law.
     

  2. Customs duties and other fees and taxes shall not be due if the decrease or the loss in the goods resulted from a force Majeure or an emergency or natural causes.
     

  3. Customs duties and other fees and taxes and fines in respect of the increased, decreased, lost or replaced goods shall remain due on the investing body even in the existence of another whose responsibility has been established.

Article 115:

Goods may be moved from a public warehouse to another or to any customs house in accordance with declarations of guaranteed undertakings. The same provisions applied on transit status shall apply to this procedure. Those who sign these undertakings should present, within the period defined by the Director , a certificate to the effect that these goods have been brought into the public warehouse or into the customs house for storing or submitted for consumption or in accordance with any another customs status.


C - Private Warehouse
 

Article 116:

The setting up of private warehouses may be licensed when necessary.
 

Article 117:

The license to set up a private warehouse shall be issued by a decision from the Minister upon a recommendation from the Director. The decision defines the site of the warehouse, the allowances to be paid annually and the guarantees to be presented before the start of the work and all other related terms.
 

Article 118:

Goods placed in the private warehouse shall be presented to the Department upon any request. The taxes and duties shall be calculated on the entire stored goods without overlooking any decrease that may occur unless it was the result of a force Majeure or natural reasons such as evaporation and dryness or similar reasons , in addition to the fine which shall be imposed by the Department.
 

Article 119:

The Provisions of Articles 110, 112, 115 of this Law shall be applied to the private warehouses.
 

Article 120:

It shall not be allowed to store decomposed or prohibited goods in the private warehouse.
 

Article 121:

Only the operations intended to store goods shall be permitted in the private warehouse.
 

 Chapter Four


Duty - Free Zones and Shops
 

Article 122:

  1. Subject to the provisions of Article 123 of this Law , all foreign goods of all kinds and origins may be brought into the free zones and moved out to non-customs areas without being subject to import or prohibition restrictions or duties and taxes except those imposed for the benefit of the party which runs and invests these zones.
     

  2. National goods or those having gained this description by being submitted for local consumption may be admitted to the free zone provided that they shall become subject to import and prohibition restrictions, customs duties and export fees and taxes as well as those imposed for the benefit of the party which runs and invests those zone.

Article 123:

  1. The goods imported for local consumption shall not be allowed to be transferred or brought into free zones except by the approval of the Director or whomever he authorizes and within the terms and reservations which he decides.
     

  2. The following goods shall be prohibited from being brought into the free zones :

    1. The goods which are prohibited because they contravene the public order and they shall be specified by the competent authorities.

    2. Rotten and inflammable goods except fuels needed for the purpose of investment and allowed by the investing body within the terms determined by that body.

    3. All kinds of weaponry , munitions and explosives.

    4. The goods which break the Laws of the protection of commercial, industrial, literary and artistic property and on which a decision has been taken by the competent authorities.

    5. All kinds of narcotics and derivatives.

    6. The goods originating from a country under economic boycott.

Article 124:

The Minister shall have the right to form joint committees from the Department and the free zones corporation to verify and inspect goods to ensure that no smuggled or prohibited goods are found in free zones. Such verification and inspection shall be carried out in the presence of the persons concerned.
 

Article 125:

The management of the Free Zone must present to the Department a list of all items brought into or taken out of the Zone within 36 hours of the entry or exit.
 

Article 126:

It shall not be permitted to land the goods from a sea vessel into the Free Zone or bring them into it by road except under a license from the management of the zone in accordance with the Laws and regulations in effect and the directives set out by the Director. The dispatch of goods from one free zone to another or to stores or warehouses also shall not be permitted except in accordance with the provisions applied to transit status.
 

Article 127:

Goods shall be withdrawn from the Free Zone in accordance with the provisions of Laws and regulations in effect and the directives issued by the Director.
 

Article 128:

  1. Goods of foreign origins leaving free zones in their original form and entering into the customs territory shall receive the same treatment as that of foreign goods.
     

  2. Manufactured goods or those receiving additional processing in free zones are exempted , when submitted for domestic consumption , from customs duties and other fees and taxes in a ratio equivalent to the value of materials and domestic costs and expenses included in the manufacturing process , provided that the value shall be assessed by a committee comprises of the director of Free Zones Corporation or his diputy as chairman and a representive of the Ministry of Industry and Trade and The Jordan Customs to be appointed by the Minister concerned.

Article 129:

Foreign goods in the Free Zones shall not be allowed to be consumed for personal purposes before the due customs duties and other fees and taxes are paid.
 

Article 130:

National and foreign ships shall be allowed to obtain all the materials they need from the Free Zone.
 

Article 131:

The management of the Free Zone shall be responsible for all the contraventions committed by its personnel and for the illegal sneaking out of the goods from the zone.
 

Article 132:

Duty free shops may be established and their regulations , administrative entity , investment , terms, guarantees and rules specifying admission and withdrawal of goods shall be decided by a regulation to be issued to this effect.
 

 Chapter Five


Inward Processing (Entry for Processing and Export)
 

Article 133:

  1. Foreign goods shall be allowed to enter the Kingdom , under the statuses of pending customs duties and other fees and taxes for processing principally whether the beneficiary is a manufacturer or an exporter , for exportation purposes within a period not exceeding three years.
     

  2. Goods imported or processed under temporary admission status may be exported by other than the importer upon approval by the Director or whomever he authorizes , in which case all the importer’s commitments shall be transferred to the exporter.
     

  3. Sale of goods admitted under temporary admission status can be carried out from one factory to another provided that the original purposes of importation are fulfilled by the buyer.
     

  4. Goods benefiting from this ststus as well as the guarantees required to benefit from the provisions of this Article and any other conditions necessary for this status shall be determined by directives issued by the Director.

Article 134:

  1. Goods brought under the inward processing procedure shall be allowed , with the approval of the Director, to be released for free circulation provided that all the legal conditions in force shall be observed.
     

  2. Goods produced from the goods admitted for processing purposes under the provisions of Article 133 of this Law , may be released , with the approval of the Director, for free circulation against the customs duties and other fees and taxes due on the entered goods and in accordance with the rate and value of such goods on the date of their entry in the customs territory.

 Chapter Six


Temporary Admission
 

Article 135:

  1. Temporary admission shall be allowed for equipment and machinery needed for the execution of projects or for performing practical and scientific tests under a regulation to be issued to this effect determining type and size of projects as well as type and specifications of equipment and machinery and conditions of their usage.
     

  2. The following items shall be allowed to be imported under temporary entry status and in accordance with the conditions and controls specified by the Director:-

    1. Items temporarily imported for play grounds , theatres and exhibitions or the like.

    2. Appliances , instruments and transport means and other Articles which enter the Kingdom for repair.

    3. Containers and packages entering the Kingdom for filling purposes.

    4. Commercial samples intended for display.

    5. Inspection implements, equipment and supplies brought in for installation and maintenance purposes.
       

  3. The items prescribed in this Article shall be re-exported or placed in the Free Zone or stores and warehouses after the expiry of the delay period for their stay in the Kingdom and within three months.

Article 136:

Temporary entry shall be applied to cars of persons coming to the Kingdom for temporary stay with the aim of working with the official public institutions and ministries and departments ,whose employment contracts provide for their rights to bring their private cars into the Kingdom whether the cars are accompanied by them or bought from stores or warehouses or from Free Zones in accordance with the terms determined by the Director.
 

Article 137:

Temporary entry , for no more than two years , shall be granted for the cars brought by and registered abroad in the name of the diplomatic officials of the Ministry of Foreign Affairs transferred to the Headquarters. Those officials will be granted this status as long as they stay in the Headquarters.
 

Article 138:

Foreign cars which transport passengers and goods between the Kingdom and other countries may be accepted under temporary entry status provided that the reservations determined by the Director shall be observed. These cars shall not have the right to exercise internal transport.
 

Article 139:

Owners of the cars and motorcycles who mainly reside outside the Kingdom may benefit from the rules of temporary entry for their cars and motorcycles under directives issued by the Director determining the conditions, guarantees and periods necessary to benefit from the provisions of this Article.
 

Article 140:

Rules of the international agreements on the temporary entry of cars and customs facilities given to the tourists shall be complied with in accordance with the directives issued by the Director.
 

Article 141:

The Director may decide to grant temporary entry status to the cars of the non-Jordanian staff and experts working with the United Nations and other Arab regional and international organizations and agencies affiliated with them , whether these cars were accompanied by their owners upon entering the Kingdom or bought from stores and warehouses or from Free Zones and within the terms determined by the Director.
 

Article 142:

Any deficiency that appears upon settling the temporary entry or the account of materials entered under inward processing status pending duties shall be subject to taxes and duties due under the provisions of Article 19 of this Law.
 

Article 143:

The Director shall determine the terms of the practical application of temporary entry and the guarantees which should be presented.
 

Article 144:

Goods admitted under temporary entry status may be released for free circulation provided that all the legal conditions in force shall be observed and by the Director’s approval.
 

 Chapter Seven


Refund of Duties and Taxes
 

Article 145:

  1. Customs duties and other fees and taxes levied on some foriegn materials used in the manufacture of national products may be wholly or party refunded upon export of these products. These materials shall be determined by virue of a decision made by the Minister upon recommendation from the Director and after consulting the openion of the Minister of Trade and indystry.
     

  2. Customs duties and other fees and taxes levied on some foreign materials used in the manufacture of national products may be wholly or partly refunded or may be refunded at a constant rate upon submitting such products for local consumption. Those materials shall be determined by a decision from the Council of Ministers upon recommendation from the Tariff Council.
     

  3. The Minister shall determine the following:-

    1. The terms to be met for refunding these fees and duties.

    2. Kinds of fees and duties that must be refunded and the proportion refundable in relation to each produced material or unit.

Article 146:

Customs duties and other fees and taxes levied on re-exported goods in their original condition after being submitted for consumption and have no local counterpart product shall be wholly or partly refunded after making sure that these goods are in their original conditions in which they were imported including packing. The Minister shall determine , after consulting the pertinent ministry, the types of those goods and the portion of the fees and duties which may be refunded as well as the terms under which this status shall be applied.
 

Article 147:

Customs duties and other fees and taxes levied on goods to be re-exported due to discrepancy in their specifications shall be refundable before their exit from warehouses and stores. Delivering goods to their owners against guarantees awaiting for lab analysis, and specification or the concerned authorities approval is not considered an exit from the warehouses or stores. The Director shall determine the directives for this purpose as well as terms and guarantees necessary for applying the provisions of this Article.
 


Please note that the authentic text fosr the customs law 20/1998 is arabic language and this is the non-official translation

     
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