The customs exchange warehouse
The customs exchange warehouse may be used by participants in exchange trading, dealers and brokers:
to provide guarantees for the supply of goods on exchange transactions;
for the supply of goods intended for their sale at the exchange and exhibition-and-trade auctions of the Exchange by domestic producers;
as a place of delivery of goods for non-residents, if it is established in the conditions of the contract, including in the customs regime of temporary storage;
as a warehouse for the placement of goods and their storage by bidders in order to select the optimal time for sale in order to achieve the greatest efficiency of transactions, to provide the ability to quickly respond to emerging commodity demand and supply products from the customs terminal.
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REGULATION ON THE AUTHORIZED CUSTOMS EXCHANGE WAREHOUSE OF RUAPB
I. GENERAL PROVISIONS
1. These Regulations on the authorized customs exchange warehouse (hereinafter referred to as the “exchange warehouse”) of the Republican Universal Agro-Industrial Exchange JSC (hereinafter the Exchange) determine the Procedure for accreditation and activity of warehouses in the process of reception, recording, storage and shipment of products and raw materials placed at the warehouse by participants at domestic, import and export transactions concluded at the Exchange auctions.
2. The exchange warehouse is a legal entity operating in the part of clients that are participants in exchange, exhibition, fair, auction transactions (hereinafter referred to as participants in exchange transactions - UBS) concluded on the Exchange in accordance with the Exchange Trading Rules and other regulatory acts of the Exchange.
3. Exchange warehouses are guided in their work with UBS by these Regulations, the Cooperation Agreement with the Exchange and direct agreements with UBS, which in this case are Tenant Clients of the Exchange warehouse.
4. Exchange warehouse:
accepts, records, stores, ships the goods of participants in exchange transactions;
receives the necessary information from the Exchange and transfers the requested information to the Exchange.
5. These Regulations may be amended and supplemented by the Exchange depending on changes in the Legislation and regulatory acts of the Exchange itself. In case of disagreement of the warehouse administration, as a legal entity, with these changes and additions, the Cooperation Agreement may be terminated. In this case, the warehouse is obliged to fulfill the previously assumed obligations on the terms and conditions in force until the adoption of amendments and additions to this provision.
II. EXCHANGE WAREHOUSE ACCREDITATION PROCEDURE
6. The issue of accreditation of the Exchange warehouse is decided by the Exchange executive body. For accreditation as an Exchange warehouse, an Authorized customs warehouse, on the basis of an Agreement on cooperation with the Exchange, as a legal entity, submits to the Exchange the following documents in addition:
a) a copy of the constituent documents;
b) information on the availability and characteristics of storage facilities, the availability of loading and unloading capacities and the scheme of transport interchange of access roads;
c) a card with samples of signatures and seals;
c) the list of services provided to UBS Clients and their tariffs.
III. EXCHANGE REQUIREMENTS
7. The exchange warehouse should have warehouse areas for storage of industrial and food products, refrigerators, corresponding to storage conditions for types of goods. The exchange warehouse should be able to accept and ship the goods by means of transport convenient for the Exchange Clients.
8. On the Exchange warehouse, the requirements for the receipt, recording, storage and shipment of goods must be strictly observed. Non-compliance with them is the basis for imposing fines on the Exchange warehouse in favor of the Exchange or canceling the decision on accreditation.
9. The decision to impose fines is taken by the Exchange Arbitration Commission.
10. The decision to revoke accreditation is taken by the executive body on the basis of a reasoned statement by the Arbitration Commission.
IV. ACCEPTANCE OF EXCHANGE GOODS FOR STORAGE
11. Goods are accepted by the Exchange warehouse for storage from the owner of the goods at the warehouse and includes:
joint inspection by representatives of the owner of the goods, warehouse and freight forwarder of the vehicle for the safety and condition of the quality of the cargo;
sampling and determining the quality of the goods in accordance with applicable standards;
weighing a vehicle with goods;
delivery and loading of goods to the storage location;
weighing an empty vehicle.
12. Within two business days after the goods are stored at the Exchange warehouse for storage in accordance with the quality and shelf life of the established requirements and certain conditions of the exchange transaction, the Exchange warehouse must issue the relevant warehouse certificates to the goods owner.
13. The exchange warehouse cannot issue warehouse certificates to the commodity owner in the following cases:
the quality indicators of goods delivered to the Exchange treasure, during the study, were subject to acceptable deviations, worse than established quality indicators;
in the absence of properly executed documents confirming the ownership right to the goods transferred for storage and its characteristics;
any details of the warehouse certificate are not affixed to the form of the warehouse certificate, or the form does not comply with the established model, or the form contains
unidentified inscriptions and details;
the quantity of goods is less than the value set for the exchange contract;
the shelf life of the goods ends earlier than the contract execution date;
the warehouse certificate indicates several types of goods, different in quality.
14. The responsibility for identification of the goods accepted for storage is submitted to the documents submitted to it, confirming the quality, quantity of the goods, as well as the ownership right to it, bears the Exchange warehouse.
V. STORAGE OF GOODS
15. Goods accepted for storage by the Exchange warehouse from UBS are accounted separately from other stored products or goods belonging to the warehouse on the basis of ownership.
16. The exchange warehouse does not have the right to use the goods transferred for storage, as well as provide the opportunity to use them to third parties, unless the use of the stored goods is necessary to ensure its safety.
17. If it is necessary to change the conditions of storage of goods stipulated by the Agreement on the storage of goods at the Exchange warehouse, the Exchange warehouse shall immediately notify the owner of the goods or his representative. If a change in storage conditions is necessary to eliminate the danger of loss, shortage or damage to the goods, the Exchange warehouse has the right to change the method, place and other storage conditions by notifying the owner of the goods
18. If during storage there was a real threat of damage to the goods, or the goods were already damaged or circumstances arose that could not ensure its safety, and timely adoption of measures for shipment of goods from the warehouse from the goods owner cannot be expected, the Exchange warehouse must immediately notify about these circumstances the owner of the goods with a description of what happened and the actions taken by the warehouse, including in relation to the stored goods
19. The exchange warehouse is obliged to provide the owner of the goods and the exchange during storage the opportunity to inspect the goods or their samples, take samples and take measures necessary to ensure the safety of the goods.
20. If, during storage, damage to the goods is found that go beyond the limits of the natural storage agreed upon in the storage agreement or the usual norms of natural damage, the Exchange warehouse must immediately draw up an act of this and inform the goods owner on the same day.
21. If the owner of the goods has not made a payment within 10 days after the date of the next payment for storage services in accordance with the established tariffs, the Exchange warehouse must notify the owner of the goods in writing. If within 10 days after the Exchange’s notification of non-payment, the payment did not arrive at the warehouse account, the Exchange warehouse has the right to sell parts of the stored goods at the Exchange’s auction for the amount of the debt. In this case, the Exchange warehouse is obliged to provide the Exchange with documents confirming violation of the terms and procedure for payment of warehouse expenses and issue new warehouse certificates for the remaining volume of goods within one business day.
22. When changing the owner of the goods (warehouse certificates) in the course of exchange transactions, the Exchange is obliged to inform the warehouse of the name of the new goods owner on the day of such a change. The owner of the goods, respectively, on the same day is notified of their rights to the goods.
23. The new owner of the goods is obliged to pay for the services of the Exchange warehouse for storing goods from the date of entry into ownership of the goods according to the results of exchange transactions.
24. The goods transferred in accordance with this Regulation for storage are stored at the Exchange warehouse in the volume and quality recorded in the Warehouse Certificates for the entire period of storage of the goods. An exchange warehouse is obliged at any moment of storage to have goods in containers in quantity and quality not less than indicated in all warehouse certificates issued by the warehouse for goods of the corresponding quantity and quality.
The exchange warehouse cannot store UBS goods outside the Republic of Uzbekistan and in places that are not adapted for storage or are not provided for by the storage requirements of the goods.
VI. PRODUCT SHIPMENT ORDER
25. Shipment of goods is carried out within the terms established by the contract registered at the Exchange bidding under the terms of the transaction upon presentation by the buyer or his representative of the Exchange warehouse, certified by the Exchange Clearing House of the order for the delivery (shipment) of goods. All costs of checking the quality of the goods are borne by the buyer.
26. Claims of the buyer regarding the quality, quantity of goods, condition of access roads, loading and unloading capacities, or for any other circumstances that have developed on the Exchange warehouse and preventing the receipt, shipment, or export of goods, no later than 5 working days after the delivery date are drawn up in the Act 3- x copies, which are provided respectively to the Exchange warehouse and the Exchange.
27. The act on claims of the buyer must be considered by the Arbitration Commission of the Exchange within 5 business days after presentation. For perishable products, a decision must be made within one day.
28. If, after 5 working days after the date of execution of the contract, the buyer has not submitted a Claims Act to the Exchange, the Exchange has the right to transfer the full amount stipulated by the contract to the seller.
29. The exchange warehouse releases the exchange goods only upon presentation by the goods owner of the warehouse warehouse certificates issued by the warehouse for the goods in accordance with the conditions established by the contract.
30. By agreement with the warehouse, the owner of the goods can ship a part of the goods, and for the remaining part draw up an additional storage agreement and / or new warehouse certificates.
31. The issue of goods is accompanied by the execution of shipping documents in accordance with the requirements of current legislation, copies of which are electronically transmitted to the Exchange.
32 Otherwise, the internal accounting of storage and shipment of goods is carried out in accordance with the requirements of the legislation and internal regulatory documents of the Exchange warehouse.
VII. EXCHANGE OBLIGATIONS AND RESPONSIBILITY
33. The exchange warehouse is obliged to organize technological processes for the reception, storage and shipment of goods in such a way as to avoid at all stages losses in its quantity and quality from the established parameters at the time of its acceptance.
34. The exchange warehouse shall be obliged to insure for the entire storage period indicated in the warehouse certificate at the insurance company of its choice the risks of loss (loss), shortage, damage or reduction in the quality of the goods accepted for storage under issued warehouse certificates, and which may be realized due to:
fire;
lightning strike;
water damage;
theft, robbery, robbery;
natural Disasters;
intentional unlawful actions of third parties aimed at the destruction or damage of goods;
carrying out loading and unloading operations.
35. Upon receipt of goods for storage, the Exchange warehouse is obliged to determine the quality and weight of the goods for an additional fee in accordance with the warehouse Tariffs.
36. The Exchange warehouse, when accepting the goods for storage, is obliged to return to the bearer of the warehouse certificate such quantity of goods and of the same quality that was deposited at the Exchange warehouse.
37. If, in violation of the requirements of this Regulation, the Exchange warehouse sold the stored goods without the occurrence of circumstances stipulated by this Regulation, and a decision on liability was taken at a meeting of the Arbitration Commission, the following sanctions may be imposed on the Exchange warehouse:
within 5 business days, restore the sold volume of goods of the same quality in storage and ship them to the owner of the goods or return to him 100 (one hundred)% of the cost of goods sold, calculated as the product of the quantity of goods sold in units of measurement by the exchange price of the goods on the day the Exchange or the commodity owner has established the fact of the lack of goods in the warehouse;
to pay a fine in the amount of 20% of the value of the goods sold, calculated as the product of the quantity of goods sold in units of measurement to the exchange price of the goods on the day when the Exchange or the goods owner established the fact that the goods were not in stock. The penalty is paid within 10 days after the warehouse receives a written request from the Exchange to pay a fine and is distributed as follows: 10% goes to the goods owner, 10% goes to the Exchange.
38. If the Exchange warehouse does not comply with paragraph 37, the owner of the goods is obliged to apply to the Commercial Arbitration Court with a claim to the Exchange warehouse.
Viii. LIABILITIES AND RESPONSIBILITIES OF THE OWNER
39. The owner of the goods is obliged to timely pay the costs of storage of the goods to the Exchange warehouse in accordance with the tariffs established by the warehouse, terms and payment procedure. If these conditions are violated, he may, in accordance with this Regulation, lose the right to the goods and receive monetary compensation from the warehouse for him.
40. After the fulfillment of the contract or the expiration of the storage period of the goods, the owner of the goods must take the goods from the warehouse within 10 working days at the latest, or renew the storage agreement upon agreement with the warehouse. Otherwise, the Exchange warehouse has the right to sell the goods.
IX. EXCHANGE OBLIGATIONS AND RESPONSIBILITY
41. The Exchange is obliged, within one business day after the exchange transaction, as a result of which the owner of the warehouse certificate (goods) has changed, to notify the Owner of the goods and the Exchange warehouse in writing. After such notification, the owner of the goods is obliged to pay storage costs, and the exchange warehouse accept these payments and fulfill all the conditions for proper storage of goods.
42. The Exchange is obliged to accept warehouse certificates issued by the Exchange warehouse in accordance with the terms and conditions agreed upon by the Exchange and the Exchange warehouse for conducting exchange transactions.
43. Warehouse certificates issued by the Exchange warehouse may be accepted by the Clearing and Clearing Chamber by the Exchange as collateral for exchange transactions.
44. Only goods available for exchange transactions with immediate delivery or delivery at a specified time in the future (exchange, auction and fair spot and forward transactions) may act as goods accepted for storage under the issuance of warehouse certificates.
45. The following may not be regarded as goods accepted for storage under the issuance of warehouse certificates:
future products or goods to be acquired in the future;
goods in the process of transportation;
goods already encumbered with the rights of a pledge, arrested, or which is foreclosed or in other cases when the rights of the goods owner to the goods are limited;
goods that cannot be stored without loss of qualitative or quantitative characteristics during the term of the storage agreement;
goods in respect of which legal proceedings have not been terminated.