G/TFA/W/76  
 
14 February 2022  
(22-1337)  Page: 1/4 
Committee on Trade Facilitation  Original: English  
 
 
IMPLEMENTATION OF  
THE AGREEMENT ON TRADE FACILITATION  
COMMUNICATION FROM MONGOLIA  
The f ollowing communication, dated 11 February 2022 , is being circulated at the request of the 
delegation of Mongolia for Members' information.  
 
_______________  
 
 
Mongolia  wishes to inform Members of its work relating to the implementation of the Trade 
Facilitation Agreement.  
 
1. Article 1.1 - Publication     
 
In accordance with the function of Mongolian Customs General Administration on " Publishing and  
educating public on Customs legislation and Customs related data " the Mongolian Customs publishes 
10 trade related measures  and information on its official website on regular basis.  
 
• HS code lists and foreign trade statistics are published in paper and electronic  format. 
National legislation s related to import, export and transit procedures are  distributed either 
in consolidated form  or in separately via electronic form on the Customs website;  
• "Regulation on receiving and storing electronic data and information " was approved by the 
order of the Customs General Administration Director in 2013. Its main purpose is to 
coordinate relations aimed at developing the Customs website, publishing and updating news 
and information, and ensuring secure and uninte rrupted operation  of the website ;  
• According to the Government Regulation on  "The procedure for exchanging information 
between government agencies  electronically , developing and using database ", amendments 
to customs legislation are published and distribut ed in hard copy ; 
• According to the national legislation of Mongolia, information related to foreign trade may 
be received by interested parties without any restrictions.  
 
The "Media and public relation " department or division of a ministry, agency or organization is 
responsible for publishing information related to foreign trade . 
 
2.  Article  1.2 – Information available through internet  
 
• The law on "Information Transparency and Right to Information " was adopted in order to 
coordinate  the activities of government  organizations and ensure transparency and 
openness.  
• Legal acts, regulating activities related to foreign trade and Customs control are published 
electronically on the website http://www.legalinfo.mn/   (the Integrated Le gal Information 
System/Database  administered and maintained by the National Legal Institute  of Mongolia ); 
• Pursuant to Article 3.1 of the "General Procedure for Ensuring Information Transparency " of 
Government Resolution No. 411 of 2013 , the organization maintains an official website, 
places the information required by law in a clear manner and disseminates it to the public.  
• Legislation passed by the Government and Parliament  is published in the "State Information 
Magazine " and is available for public. It is also registered in the unified legal information 
system, and most organizations publish this information in Mongolian language. In addition , 
the Ministry of Foreign Affairs of Mongolia, in coopera tion with the World Bank Group, G/TFA/W/76  
 
- 2 - 
 
  launched  the "Mongolian Trade Portal" on 11 December  2020. The Mongolia n Trade 
Information Portal is a website that contains all trade related information, including trade 
regulations and procedures, laws, administrative pro cedures, appli cable fees or penalties, 
forms, licenses or permits. It aims to improve the trading environment by providing easily 
accessible and transparent trade information  for Mongolian and international traders. The 
portal is available in both Mongolia n and English.  
 
3. Article 7.1  – Pre-arrival processing  
 
• According to Article 59 of the Customs Law, foreign goods shipped from the territory of the 
sending state  may be declared prior to their arrival at Mongolian border or before moving 
out of border Customs control and becoming sub ject to inland Customs Control,  the original 
documents are checked against  the copies and upon arrival of the  goods ; 
• Article 27 of the Customs Law regulates "Information and Documents Required for Customs 
Clearance ". In addition, in accordance with Article 27.6 of the Law, documents required for 
customs clearance may be submitted electronically.  
 
4. Article 7.3 - Separation  of Release from Final Determination of Customs Duties, Taxes, 
Fees and Charges  
 
• According  to Government Resolution No. 89 of 2009 , goods are released if they have been 
paid, partially paid or deferred on the basis of a guarantee that they will be paid before the 
goods arrive or at the time of arrival.  
• This is stated in Articles 39, 40 and 41 of the Law on Customs Tariffs and Duties. The law 
also states that "41.4. The Government shall approve the procedure for issuing guarantees 
for payment of customs a nd other taxes ". Accordingly, Government Resolution No. 89 
of 2009 allows for deferral, partial payment, and issuance of goods based on guarantees and 
pledges, after determining customs and other taxes, fees, and charges.  
 
5. Article 7.4  – Risk Management  
 
• The implementation of risk management is specified in Articles  233.2, 240.2 and 268.1.3 of 
the Customs Law . "The General Procedure for Customs control for goods and means of 
transport crossing the Customs borde r" for import, export and transit of goods was approved 
by the Order A/275 of t he Director General of the General Customs Administration in 2019 . 
• The Customs Risk Management Procedures and Customs Control Strategies  approved by the 
Order No. A/ 287 of the Director General of the General Customs Administration in 2019 , 
reflect the customs risk management policy and guidelines . 
• Although the law provides for the introduction of risk management under customs control ,  
the customs and inspection  control at the border need to cooperate,  improve and coo rdinate 
according to  the decision of the Government of Mongolia in 2021 .  
 
6. Article 7 .6 – Average release times  
 
• The Time Release  Study has been included in the Strategic Plan of the General  Customs 
Administration since 2010 in accordance with the WCO Time Release Study ; 
• The first study was conducted by a working group consisting of representatives from  
Customs, General Agency for Specialized Inspection and The General Authority for Border 
Protection of Mongolia  with the assistance of the United States Agency for International 
Development (USAID);  
• Subsequently, the WCO provided technical assistance in conducting the Time release study  
and trained MCGA’s 35 customs  officers . Thus, the policy and direction of condu cting the 
clearance time study is not limited only to the Customs but one of the issues to be considered 
by other border agencies;  
• TRS was conducted in 2010, 2012, 2014, 2017 and 2019;  
• With the assistance  of World Bank  Group ’s IFC, the 2019 Time Release St udy was conducted 
within the selected border crossings and inland customs control zones. The final report was 
published on the official website of MCGA;      
• The Customs Automated Clearance System can automatically register the time spent on 
clearance. Due  to this aut omated process,  the Customs Department, Committees, Customs 
Control Zones  are able to monitor  their clearance performance time.   
  G/TFA/W/76  
 
- 3 - 
 
  7. Article  7.7 – Authorized operators  
 
• According to the Article 271.1.16 of the Customs Law of Mongolia,  The Director General of 
the Mongolian Customs General Administration shall exercise his/her  full powers in matters 
such as "issuing  Customs certification for participants of the Customs activities who has 
fulfilled the requirements determined by the Custo ms central administration in accordance 
with international standards to simplify and ensure security of international trade "; 
• The following 9 types of benefits  are provided to AEO’s. (Regulation A/118 of the Director 
General of the Customs General Administ ration of 2021: 3.1 of the Procedure for Issuance 
of Customs Accreditation to AEOs that Meet Trade Facilitation and Security Standards). 
These include:  
o temporary storage of goods in the owner's premises, warehouse and yard;  
o exemption from product inspections;  
o allow extension of customs and other tax payment deadlines;  
o enable customs clearance to be carried out in a single customs declaration;  
o appoint a state customs inspector to provide assistance;  
o advertise the AEO to the public;  
o carry out customs  clearance at any customs office, regardless of the location of the 
goods;  
o receive benefits in other countries with which the AEO has entered into a mutual 
recognition agreement.  
• More detailed information is available on official website of the Mongolian Customs General 
Administration, where a link of relevant regulations is provided.  
• There are 4 general requirements specified in the Customs General Director  Order and it is 
extended with 29 sub -requirements in further;  
• Arrangement Between the Customs Gener al Administration of Mongolia and The General 
Administration of Customs of The People's Republic of China Regarding the Authorized 
Economic Operator Program in Mongolia and Mutual Recognition of The Enterprise Credit 
Management Program in China was signed on 25 April 2019;  
• Arrangement between the Customs General Administration of Mongolia and The Korea 
Customs Service of The Republic of Korea Regarding Mutual Recognition of The Respective 
Authorized Economic Operator Programs was signed on 30 September 2019 . 
 
8. Article 7.9 – Perishable goods  
 
• According  to Article 29 of the Customs Law of Mongolia , the following types of goods are 
defined as perishable goods and are subject to expedited release of goods clearance:  
o 29.1.6. Goods requiring special storage conditions that are likely to deteriorate or 
be damaged;  
o 29.1.7. donor organs or blood, blood products;  
o 29.1.8. other goods specified in a law . 
• The Customs Law states that  Customs clearance shall be carried out at the place where 
Customs is locate d during hours approved by the Director General of the Mongolia  Customs 
Central Administration. However, if it is not possible to do it within the specified working 
hours, it is possible to do customs clearance by order or call;  
• 286.3 I f it is not possible  to conduct the  Customs clearance within the period specified in 
Article 25.1 of this Law, customs officers may perform his duties outside the working hours 
by the decision of a head of the customs office or committee , in which case the customs 
inspector s hall be paid overtime in accordance with the procedures set forth in the Labor 
Law. 
 
9. Article  10.9.1 - Temporary admission of goods and inward and outward processing  
 
• This Article is regulated by the Articles 93 -98, 99 -107, 125 -131 of the Customs Law, "The 
Regulations on Implementation of Customs Clearance Procedures for Temporary Admission 
of Goods into Customs Territory " adopted by Annex 3, "The Regulations on Implementation 
of Customs Clearance Procedures for Inward Processing of Goods " adopted by Annex 4 to 
the Order No. A/40 of the Director General of the General Customs Administration in 2016, 
and "The Regulations on Implementation of Customs Clearance Procedures for Outward G/TFA/W/76  
 
- 4 - 
 
  Processing of Goods " adopted by Annex 3 to the Order No. A/41 of the Direct or General of 
the General Customs Administration in 2016.  
• According to the Customs law, temporary placement of goods in the customs territory shall 
be subject to payment of customs duties and other taxes and placed in a temporary  treasury 
account. If the g oods are returned without any changes, the customs and other taxes 
deposited in the temporary account will be refunded.  
 
 
__________