Article 138. Refusal to issue authorization

The following are the reasons for refusal to issue authorization:

incomplete package of documents submitted by an authorized individual when requesting authorization;

failure to comply with requirements and conditions for placing goods under the customs regime that requires authorization in accordance with this Code;

inaccurate or distorted information in the documents submitted by an authorized person.

Refusal to issue an authorization on other grounds, including on the grounds of inexpediency of issuing an authorization, shall not be allowed.

A notice with refusal to issue authorization shall be handed (sent) to an authorized individual indicating the reasons for refusal, specific legal regulations and timeline for re-submission of the documents by an authorized individual when specified reasons are eliminated. Timeline for elimination of reasons for refusal and re-submission of documents by an authorized individual cannot be less than ten working days from the date of receipt of a notice of refusal to issue authorization.

If an authorized individual eliminates the reasons that lead to refusal to issue authorization within the established period, a customs authority shall re-consider the documents, issue or refuse issuance of authorization within no more than five working days from the date of receipt of an formal application from an authorized individual informing of elimination of the reasons for refusal and appropriate documents confirming elimination of reasons for refusal. An authorized individual shall not pay customs fees for re-consideration of documents.

When re-examining the documents, a customs authority shall not allowed to use reasons for refusal that are not previously stated in the notice, except for the reasons for refusal related to documents that confirm elimination of previously indicated reasons.

A formal application submitted by an authorized individual after expiration of the period specified in the notice of refusal to issue authorization shall be considered submitted and is reviewed by a customs authority on general grounds.

An authorized individual shall have the right to appeal against the decision to refuse issuance of authorization as well as actions (inaction) of a customs authority official in the prescribed manner.