G/TFA/N/MNG/2/Add.1  
 
12 December 2019  
(19-8558) Page: 1/3 
Committee on Trade Facilitation  Original: English  
 
NOTIFICATION UNDER A RTICLES 10.6.2  AND 12.2.2  
OF THE AGREEMENT ON TRADE FACILITATION  
COMMUNICATION FROM M ONGOLIA  
Addendum  
The following communication, dated 9 December 2019 , is being circulated at the request of the 
delegation of Mongolia for Members' information.  
 
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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  
 
CUSTOMS  LAW OF MONGOLIA  
SUB-CHAPTER SEVEN  
CUSTOMS BROKER  
 
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 spe cified territory where 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.  
 
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 u p a risk fund for prevention of possible losses against payment of Customs and other 
duties or securities issued for payment of duties.  
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  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 centr al 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  approved 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 the 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 follows:  
 
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 Cu stoms 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 Law:  
 
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 registere d 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.  
 
Article 70 Authorization, Suspension or Termination of Customs brokerage activities  
 
70.1. The authorization to run Customs brokerage activities shall be gi ven 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 Permissio n for economic entity 's business activities.  
 
70.2.1. references and certificates given by the competent authorities proving that the conditions 
and requirements specified in 70.2 of this Law are met;  
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  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 cer tificate 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 administration.  
 
70.5. If the offences specified in 70.4 of this Law still occur or offences agains t the Customs 
legislation occurred twice or repeatedly, the authorization to run Customs brokerage activities 
shall be terminated by the cabinet member responsible 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 by this Law, the Law on the 
Special Permission for economic entity’s business activities shall gov ern those issues.  
 
Article 12, paragraph 2.2  
 
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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