Q&A on the Inward Processing Special Customs Procedure

What is inward processing?

Inward processing is a special customs procedure that allows certain goods to be brought into the customs territory of the Republic of Azerbaijan without the payment of customs duties and taxes, including VAT, for the purpose of processing and subsequent export.

What are processing operations?

Processing operations refer to the preparation, processing and reprocessing of goods, including installation, assembly, and adaptation to other goods; repair, including restoration and maintenance of goods; and the complete or partial use of certain goods that serve or facilitate the processing operation.

Which operations are not considered processing operations?

  • Reproduction of animals, breeding and fattening of animals, birds, fish, crustaceans, and mollusks;
  • Cultivation of trees and plants;
  • Extraction of minerals;
  • Fishing and catching of crustaceans;
  • Hunting;
  • Collection of mushrooms and plants;
  • Ensuring the preservation of goods in their original condition during transportation;
  • Copying and reproduction of data, audio and video recordings on any information carriers;
  • Production of all types of energy;
  • Use of foreign goods as auxiliary means (equipment, machines, devices, etc.) in the technological process.

Is it possible to use the inward processing procedure if the processing involves multiple stages?

Yes, regardless of the number of stages in the production process, this procedure can be used.

Which rules regulate the procedure?

The procedure is regulated by the “Rules on Placement of Goods under the Inward Processing Special Customs Procedure” approved by the Decision of the Cabinet of Ministers dated January 14, 2014.

Is it necessary to conclude a supply contract in order to use the procedure?

According to the amendments made to the rules on April 10, 2023, the holder of the procedure may import raw materials or materials from any seller based on a purchase agreement and process them within the timeframe specified in the legislation for export to any buyer in any country. Therefore, it is not necessary to conclude a supply contract.

What is identification of goods?

One of the main requirements for placing goods under the inward processing special customs procedure is the identification of goods. Identification involves the use of methods such as sealing, numbering, letter marking, labeling, applying identification marks, seals and stamps, taking samples and specimens, description of goods and means of transport, drawing of diagrams, scaled images, photographs, illustrations, accompanying and other documents, and other means of identification.

What are equivalent goods?

Equivalent goods are domestic goods that are of the same quality, technical characteristics, and classified under the same code in the foreign economic activity commodity nomenclature as the foreign goods placed under the inward processing special customs procedure and processed in their place.

Who is eligible to receive permission for placing goods under the inward processing special customs procedure?

  • Persons who provide a guarantee that customs operations will be carried out in accordance with legal requirements and offer assurance for the payment of customs debt in cases where it has arisen or may arise;
  • Persons who carry out processing operations on goods placed under the inward processing special customs procedure.

Is it possible to sell a part of the product manufactured from raw materials imported under the inward processing special customs procedure in the domestic market?

Yes, it is possible. In this case, the relevant declaration must indicate which part is intended for export and which part is intended for import into the domestic market.

Can an entrepreneur produce goods using the inward processing procedure if the goods are to be leased abroad?

No, goods produced under this procedure must be exported under a relevant sales contract.

What is the security requirement?

Before granting permission for placing goods under the inward processing special customs procedure, customs authorities may require the provision of security in accordance with Article 252 of the Customs Code (Article 252: When customs authorities are not confident that the customs debt will be paid within the prescribed period, they may require security even in optional cases).

What is the yield rate?

The yield rate is the quantity or percentage of products obtained as a result of processing goods placed under the special customs procedure for processing. According to the “Rules for Determining the Yield Rate or Average Yield Rate of Operations Performed under the Special Customs Procedure for Processing,” when determining the yield rate, the quantity of production waste and production losses must be calculated. The method of determining the yield rate must be indicated in the application. The yield rate is determined based on the actual conditions under which the processing operations are carried out or are to be carried out.

What documents must be submitted along with the application?

  • A contract (a purchase and sale contract providing for the transfer of ownership of goods placed under the inward processing special customs procedure to the procedure holder, or a contract on the processing of foreign goods when such goods are placed under the inward processing special customs procedure for service provision, or a sales contract when goods with quality guarantee obligations are exported);
  • A document confirming that the goods placed under the procedure for repair purposes are defective;
  • A copy of the identity card of an individual or a copy of the state registration certificate (extract from the state registry) and the charter of a legal entity;
  • If the applicant is a non-commercial legal entity or an individual entrepreneur without forming a legal entity – a copy of the taxpayer identification number (TIN);
  • A guarantee confirming that customs operations will be carried out in compliance with the requirements of the law.

What is the duration for completing the inward processing special customs procedure?

The maximum duration of the procedure is 2 years. Upon a justified request, the customs authority may extend the completion period of the procedure by up to 1 year.

What are accounting operations?

According to the “Rules on Accounting for Operations by Permit Holders, Procedure Holders, and Persons Engaged in Storage, Production, Processing, and Trading of Goods in a Free Zone,” the person who places goods under the inward processing special customs procedure must maintain accounting records of the processing operations.

What information is provided during accounting operations?

  • The location, date, and description of the operation;
  • The code, quantity, value, and status of the goods processed, according to the Foreign Economic Activity Commodity Nomenclature;
  • The customs declaration number;
  • The quantity of equivalent goods used, production waste, production losses, and remaining goods.

In what form are accounting operations carried out?

The accounting of operations is conducted either in written (paper) or electronic form.