G/TFA/N/MNG/2/Add.1/Rev.1  
 
9 February 2021  
(21-1079) Page: 1/3 
Committee on Trade Facilitation  Original: English  
 
NOTIFICATION UNDER ARTICLES 10.6.2  AND 12.2.2  
OF THE AGREEMENT ON TRADE FACILITATION  
COMMUNICATION FROM MONGOLIA  
Revision  
The following communication, dated 8 February 2021 , is being circulated at the request of the 
delegation of Mongolia.  
 
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Mongolia hereby makes the following notifications in accordance with Articles 10.6.2 and 12.2.2 of 
the Trade Facilitation Agreement (WT/L/931).  
 
 
Article 10, paragraph 6.2  
 
• According to Customs legislation, any person having been entitled to dispose goods has a right 
to declare the goods to Customs (provisions 3.1.8 and 66.1 of the Customs Law) . 
• Therefore, any person who has the right of disposal of the goods has the right to declare the 
goods to the customs.  
• The Custom s General Administration of Mongolia is working on improving the traders ' process of 
self-declaration to the customs, to create an opportunity to attach the necessary documents for 
customs clearance in electronic form, and to advertise it to the public.  
• Traders who have an Internet connection and access to the "Customs External Portal System " 
have the opportunity to declare their goods to the customs electronically from anywhere in the 
world. In order to further improve this process, the Customs General Adm inistration of Mongolia 
is expanding the scope of our activities in order to simplify the licensing and declaration process 
and to ensure that acceptable errors are not considered as customs violations.  
 
CUSTOMS  LAW OF MONGOLIA  
SUB-CHAPTER SEVEN  
CUSTOMS BR OKER  
 
Article 66 Customs Broker  
 
66.1. Customs clearance of the goods intended to enter the Customs territory of Mongolia may 
be affected by a Customs Broker on a contractual basis.  
 
66.2. A Customs Broker shall be a Mongolian legal body authorized  to be a Customs Broker and 
such permission shall be authorized by the Cabinet member responsible for Customs matters.  
 
66.3. A legal body specified in 66.2 of this Law shall run brokerage activities engaged solely in 
the specified territory wher e he/she may perform clearance for certain types of goods.  
 
66.4. The permission to run Customs brokerage activities specified in 66.2 of this Law shall be 
prohibited for transfer to others.  G/TFA/N/MNG/2/Add.1/Rev.1  
 
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  Article 67 Requirements to Customs broker 's activities  
 
67.1. The Customs Broker shall meet the following requirements:  
 
67.1.1. not to have outstanding debt of taxes;  
 
67.1.2. be solvent to run Customs Broker 's activities;  
 
67.1.3. to have at least  two Customs certified specialists;  
 
67.1.4. set up a risk fund  for prevention of possible losses against payment of Customs and other 
duties or securities issued for payment of duties.  
 
67.2. As specified in 67.1.4 of this Law, t he amount to be kept in the risk fund shall be approved 
by the Customs central administration depending on the volume of goods covered by the Broker 's 
activities.  
 
67.3. The Customs shall control the activities of the Customs Broker and Customs certified 
specialist and regulations on control on Customs broker 's activities shall be ap proved by the 
Customs central administration.  
 
Article 68 Customs Certified Specialist  
 
68.1. The Customs central administration shall award the person who meets criteria to act as a 
Customs certified specialist.  
 
68.2. An accreditation for assessment of t he Customs certified specialist 's activities and 
professional skills shall be conducted every two years by the Customs central administration.  
 
68.3. The certificate awarded to the Customs certified specialist shall be annulled on the basis of 
reasons as f ollows:  
 
68.3.1. a court ruling has been enforced proving the crime committed by him/her;  
 
68.3.2. multiple cases of offences violating Customs legislation  occurred;  
 
68.3.3. there is a proof that a certificate was awarded against forged or counterfeit documents;  
 
68.3.4. failed the accreditition specified in 68.2 of this Law.  
 
Article 69 Rights and Obligations of a Customs Broker  
 
69.1. The  Customs Broker has the right to obtain timely information from the Customs on the 
amendment to the Customs legislation besides those specified in 57.1 of this Law.  
 
69.2. Customs Broker is obliged to the following besides those specified in 57.2 of this L aw: 
 
69.2.1. to conclude a contract to represent a declarant at the clearance;  
 
69.2.2. to get involved in Customs activities through the certified Customs specialist;  
 
69.2.3. to keep financial reports, records on Customs brokerage activities and provide the 
Customs with them;  
 
69.2.4. to inform the Customs when there is any change to the registered information submitted 
to the Customs while obtaining Customs brokerage authorization as specified in 66.2 of this Law;  
 
69.2.5. not to disclose the declarant 's confidential information or use it unlawfully;  
 
69.2.6. to provide the Customs with the pre -arrival information 10 days earlier than actual 
crossing of goods through the national border.  
 G/TFA/N/MNG/2/Add.1/Rev.1  
 
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  Article 70 Authorization, Suspension or Termination of C ustoms brokerage activities  
 
70.1. The authorization to run Customs brokerage activities shall be given for a period not less 
than 3 years.  
 
70.2. An applicant requesting for an authorization to run Customs brokerage activities shall 
submit to the Customs the following documents besides those specified in 11.1.1 -11.1.4 of the 
Law on the Special Permission for economic entity 's business activities.  
 
70.2.1. references and certificates given by the competent authorities proving that the conditions 
and require ments specified in 70.2 of this Law are met;  
 
70.2.2. records from the Customs and police authorities proving that offences against the 
Customs legislation are not committed;  
 
70.2.3. a request to run Customs brokerage activities covering a certain type of goods and 
territory.  
 
70.3. If the request is made concerning 70.2.3 of this Law, the certificate shall indicate the type 
of business.  
 
70.4. If the holder of the authorization to run Customs brokerage activities meets no longer the 
conditions and requirements specified in 67.1 of this Law or fails to fulfill the obligations specified 
in 69.2 of this Law, the brokerage authorization shall be suspended by the Cabinet member 
responsible for Customs matters upon the proposal made the Customs central ad ministration.  
 
70.5. If the offences specified in 70.4 of this Law still occur or offences against the Customs 
legislation occurred twice or repeatedly, the authorization to run Customs brokerage activities 
shall be terminated by the cabinet member respons ible for Customs matters upon the proposal 
made by the Customs central administration.  
 
70.6. If the matters concerning authorization , termination, extension and suspension of Customs 
Brokerage activities and control on their activities are  not regulated b y this Law, the Law on the 
Special Permission for economic entity 's business activities shall govern those issues.  
 
Article 12, paragraph 2.2  
 
• Mongolian Government so far had concluded the Agreements on Cooperation and Mutual 
Assistance in Customs Matters (CMAAs) with 16 countries ( 15 agreements and one MOU)  since 
1993.  
• Mongolian Customs in a capacity of a Member of the WCO is able to cooperate with Customs 
administrations of all WCO Member countries . 
• Within the framework of cooperation, a number of requests were submitted to the customs 
administrations of Russia, China, Germany and the Republic of Korea in 2020 in order to obtain 
information on export and import customs declarations related to certain shipments, and using 
the feedbacks in our operations.  
• Within the framework of national legislation, the legal basis for securing confidentiality of 
information received from the Customs administrations of other countries is completed.  
 
The contact point for the exchange of information is:  
 
International Cooperation Division  
Mongolian Customs General Administration  
E-mail: icd@customs.gov.mn  
Tel: +976 -11350064  
Fax: +976 -11350064  
 
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