ãÔÇåÏÉ ÇáäÓÎÉ ßÇãáÉ : Executive Regulation To Implement Import and Export EGYPTION Law
Mohammed Hawamedh
08-20-2011, 02:22 PM
Decree
By The Minister of Foreign Trade & Industry no.770 /2005 Issuing The
Executive Regulation To Implement Import and Export Law
no.118/1975 as well as Inspection and Control Procedures of
Imported And Exported Goods1
The Minister of Foreign Trade & Industry;
Upon review of Law no.323/1956 on the organization of and participation in international
exhibitions and fairs,
And Law no. 66/1963 issuing the Customs Law and its amendments,
And Law no. 137/1974 on some regulations relating to import, export and currency.
And Law no. 118/1975 on import and export,
And Law no.121/1982 on the registration of importers,
And Law no 8/1997 on investment guarantees and incentives.
And Law no. 82/2002 on the protection of intellectual property rights,
And Law no. 155/2002 on export promotion.
And the Presidential Decree no.1770/1971 establishing the General Organization for
Exports and Imports Control (GOEIC) and specifying its competence,
And the Presidential Decree no. 72/1995 approving Egypt’s accession to the World Trade
Organization (WTO) and the agreements included in the final document articulating the
results of the Uruguay Round of Multilateral Trade Negotiations as well as the Annex
attached to the Agreement on Trade- Related Aspects of Intellectual Property Rights
(TRIPS) which includes in its Third Part requirements of border measures,
And Presidential Decree no. 106/2000 on facilitating inspection and control procedures of
exported and imported goods,
And Presidential Decree no. 226/2004 on the organization of the Ministry of Foreign
Trade and Industry,
And Prime Ministerial Decree no.1186/2003 on inspection and control measures of
exports and imports,
And Prime Ministerial Decree no. 1366/2003 on the Executive Regulation of the first,
second and fourth books of Law no. 82/2002 on the protection of intellectual property
rights.
And Ministerial Decree no. 343/1982 on the Executive Regulation of the
aforementioned Law no. 121/1982,
1 Unofficial translation and the regulations are only authentic in Arabic. Translation prepared for the
Ministry of Foreign Trade and Industry by the USAID-funded Assistance for Trade Reform project, ATR.
2
And Ministerial Decree no.275/1991 issuing the Implementing Regulations of the Import
and Export Law and its amendments,
And Ministerial Decree no. 515/2003 on inspection and control measures of imported and
exported goods,
Mohammed Hawamedh
08-20-2011, 02:22 PM
Decreed
Article 1: The aforementioned and attached Executive Regulations of Law no. 118/ 1975
on imports and exports shall become effective without prejudice to the provisions
regulating the import and export of certain goods, in pursuance to laws and international
treaties and agreements to which the Arab Republic of Egypt is a party.
Article 2: The attached procedures shall apply to inspection and control of all imported
and exported goods pursuant to the aforementioned provisions of Law no.155/2002.
Article 3: Those enrolled in the exporters’ register at the time this decree became
effective shall be abide by reconciling their status pursuant to provisions cited in
Chapter 3 of Part Two of the Executive Regulations of the above-mentioned Import
and Export Law within one year from the date this decree has taken effect.
Exporters whose exports average exceed the equivalent of $5 million annually, during
the three years prior to the issuance of this Decree, shall be exempted from the
stipulation requiring the submission of an export practice certificate.
Article 4: The above Ministerial Decree no.275/1991 and amending decrees as well as
the aforementioned Ministerial Decree no. 515/2003 and any and all stipulations in
contravention of the provisions of this Decree shall be rescinded.
Article 5: This decree shall be published in the official gazette, and shall become
Effective as of the next day following the date of its publication.
Issued in 13/10/2005
Minister of Foreign Trade and Industry
Rachid Mohamed Rachid
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Section I
The Implementing Regulations of
Import and Export Law
Part I
Import
Chapter 1
Definitions and General Provisions
Article 1: In applying the provisions of Law no.118/1975 and its implementing
regulations, terms and expressions below shall be interpreted as follows:
A) Import:
The act of bringing goods from abroad into the Arab Republic of Egypt, getting them
inside the Customs Zone and registering the Customs Declaration to release the goods
as final imports.
Also importing shall be from free zones, free-duty shops inside the country, international
exhibitions and fairs and other exhibitions licensed according to the general rules of
import from abroad.
B) Importer:
The natural or judicial person in whose name the Customs Declaration is registered
for the goods requested to be released as final imports, and who is responsible for
meeting all import regulations.
C) Import for Retail:
Goods imported for the purpose of retail by natural or judicial persons enrolled in
the importers’ register in accordance with provisions of Law no. 121/1982 on the
importers’ register, to be sold in the same condition in which they have been imported or
after being packed or packaged, without undergoing any process of transformation.
D) Import For The Production Of Goods And Services:
Items imported by production companies to be sold after transformation as well as
imports by service-rendering companies to ensure delivery of their services or related
Trade Agreements Sector to be performed. This shall involve inputs for operation or
service provision, including raw materials, intermediate goods and other components of
the final product.
E) Import for Private Use:
Imports, for purposes other than retail or production, of capital goods, spare
parts, advertisement material and others that benefit the importer’s activity rather
than his personal use as well as imports for financial leasing shall be regarded as
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private use with the exception of passenger cars.
F) Import For Personal Use:
Import, by natural persons to achieve personal or family benefits, of goods whose
quality and quantity are deemed appropriate for personal and family use within the
period consistent with the nature of given goods and in a manner that shall not place
goods in circulation.
G) Import by Government:
These are imports by ministries, agencies, authorities, local administration units
and public judicial persons to fulfill their purposes.
Article 2: The country’s needs of imported goods shall be in accordance with the
provisions of the law and this regulation and in a manner that does not violate public
order and morality.
Article 3: The Minister of Foreign Trade or whomever he delegates may ban dealings
with any foreign supplier who is believed to deliberately undermine national economic
interests.
Article 4: The person in whose name the Customs Declaration is registered shall be
responsible for completing import procedures. Imported goods, for which the customs
declaration has been registered, may be assigned to natural persons or legal
entities before release. The assignee shall, in this case, be responsible for completing
the import procedures. The release type may be amended at any stage before clearance
except for consignments inspected by competent authorities and rejected for their nonconformity
with technical standards1.
Article 5: The provisions of this regulation shall not apply to the following:
1-Unless otherwise provided, goods imported by the Petroleum Sector necessary
to serve its purposes in accordance with standards set by the Minister of
Petroleum, with the exception of passenger cars.
2-Postal parcels whose owners refuse to receive them, and so are returned to the
Sender.
Mohammed Hawamedh
08-20-2011, 02:23 PM
3-Foreign banknotes and securities traded between the Arab Republic of Egypt
and foreign countries through agencies licensed to run this activity.
4- Previously released production accessories which were imported under
the temporary admission system for production projects, without exceeding 5% of
the quantities used in products which have been exported and their accounts
settled.
5-Egyptian goods imported from abroad or from free zones to exporters who have
previously exported them in compliance with customs procedures pursuant to the
following conditions:
1 This has been added by the Ministerial Decree No.32/2006.on amending some provisions of the executive
regulation implementing import and export law as well as inspection and control procedures for exported and
imported goods.
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(a) Customs shall verify the conformity of documents and the sample of
previously exported goods.
(b) Agricultural goods and foodstuff will be inspected by GOEIC.
6 - Consignments of fish caught from the Sudanese Nubia Lake and by fleets
carrying the Egyptian flag and operating in high seas.
7- Human organs, blood and its derivatives for hospitals and eye banks.
8-Inheritance legitimately transmitted to Egyptians by bequeathers
abroad, whether Egyptian or non-Egyptian, including vehicles, provided an
official document certified by the department concerned at the Foreign
Ministry is submitted indicating the bequeather’s subject property. If heirs are
multiple, the incoming inheritance shall be released only to the heirs or the
representative authorized by a power of attorney.
Article 6: The import of goods listed in annex no. (1) enclosed with this regulation, shall
be suspended, whether the import is intended for the purpose of trade or production or
personal use, except for imports approved by the Minister of Agriculture as
agricultural pesticides or fungus disinfectants.
The Minister of Foreign Trade, after consulting whom it may concern, may approve the
import of production accessories concerning goods for production companies and needs
of research centers, institutes and universities, within the limits of actual requirements.
Article 7: The following conditions shall be observed in the process of releasing
imported goods:
1- The imported goods shall be new, however, used goods may be imported in
cases articulated in Annex (2) or as otherwise provided in this regulation, and
also cases that were approved by the Minister competent for foreign trade.
2-The goods shall be internationally bar coded in accordance with
regulations decreed by the Minister of Foreign Trade.
3-The goods listed in annex (3) shall fulfill the conditions quoted next to each.
Article 8: It is stipulated for the release of imported goods, that they be accompanied by
an invoice with the name of the producer, the trademark if applicable, address, telephone
number, fax, and email address.
Article 9: The importer shall be obligated to pay the cost of imports exceeding $ 5000
according to any of the systems of payment applicable by banks, operating in Egypt, and
Form (4) attached to this regulation shall be completed.
The importer may clear the value of imports against the value of exports or services.
Cases, regarding which special provisions have been cited in this regulation, shall
be exempted from the provisions of this Article.
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Article 10: Banks operating in the Arab Republic of Egypt shall collect administrative
charges determined by the Minister of Foreign Trade on the total value of goods included
in Form no.(4) and shall credit them, immediately upon collection, to the account of the
Ministry of Foreign Trade at the Central Bank of Egypt.
In cases where clearance is accorded directly by the customs, these charges shall
be collected by Customs authorities on behalf of the Ministry of Foreign Trade and
Industry. In all cases, the receipt indicating payment of these charges shall be regarded
as among clearance-related documents.
Article 11: The Customs Authority may not dispose of goods in violation of import
regulations, except after the issuance of a decree by the Minister competent for foreign
trade or a person he delegates, in accordance with the provisions of Article 15 of the
aforementioned Law no.118 /1975.
If circumstances necessitated the sale of these goods, sale revenues shall be kept
aside, until the violation is finally settled without prejudice to customs regulations.
Chapter 2
Import for Retail
Article 12: Without prejudice to the provisions set forth in the First Chapter of the First
Part of this regulation, goods imported for the purpose of trade shall be released upon the
submission of a copy of the importer’s entry card in the importers’ register. The given
product shall also be tabled in the list of commodity groups entered in the card.
The provision of this article shall apply to goods imported according to the consignment
system.
Article 13: The provision in this chapter shall not apply to the following goods which
shall be directly released from the customs after payment of administrative charges:
(1)Books, newspapers, and periodicals whether printed or on CDs or discs.
(2)Waste of material used by foreign ships within the range of LE.2,000 daily for
every trader with the exception of consumer durable goods
(3)Waste of Egyptian ships
(4)Waste from scrapping ships and airplanes in the Customs area
(5)Express mail parcels, provided that the value of every parcel, with
transportation costs excluded, does not exceed $2,000.
(6) Mail parcels containing intermediary goods or spare parts of
machines, equipment or utility models provided that the value of every
parcel, with transportation costs excluded, does not exceed $2,000.
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(7) Waste material belonging to companies and authorities operating in Egyptian
harbors and airports upon the approval of port authorities.
(8) Public auction sales of ships which run adrift and their salvaged waste.
Article 14: Imported goods shall be released only if attached with a certificate of origin
authenticated by appropriate authorities except for:
a. goods listed in annex (2).
b. goods approved by departments concerned at the Ministries of Health
and Agriculture: (drugs-pharmaceutical raw materials and diagnostic
substances, products for therapeutic purposes, medical equipment and
accessories, veterinary vaccines and insecticides, fungicides and pesticides
used to control harmful weeds and rodents, germination inhibitors and plant
growth regulators
– one day old chicks and ducklings- oil cake and animal feed components –
seeds).
c. Goods with invoices including the country of origin whenever issued by the
producing company.
d. Cases approved by the competent minister for foreign trade.
A certificate without authentication shall be accepted with regard to goods originating
in member countries of the EU, the Common Market for Eastern and Southern
Africa
(COMESA) and the Trade Facilitation Agreement Among Arab Countries as well as in
countries to which the principle of equal treatment is applicable concerning exemption
from authentication in accordance with governing regulations in this connection.
Consignments with no certificates of origin shall be released provided that the person
concerned shall submit an unconditional letter of guarantee indicating the value
of released goods consistently with Customs valuation. The letter of guarantee shall only
be returned if the certificate of origin is provided no later than six months,
otherwise, payment of compensation shall be discounted from the value of the letter of
guarantee in accordance with the provisions of Article 15 of the aforementioned Law
no.118/1975.
The importer shall be held responsible for the data recorded in the certificate of
origin. If the Customs concerned was found to have adequate evidence to suspect the
conformity of the certificate of origin or its contents, it shall adopt measures deemed
necessary for verification in accordance with regulations decreed by the Minister of
Foreign Trade upon consultation with the Minister of Finance.
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Chapter 3
Import for Production of Commodities and Services
Article 15: In regard to the provisions laid out in the First Chapter of Part one of this
Regulation, production and service companies may be permitted to import production
inputs required for production, operation or service provision without mandating entry in
the importers’ register.
These companies shall be obligated to submit to the competent Customs the document
ascertaining their activity as well as a declaration detailing the imported production
inputs on the Form included in Annex no (5).
These companies may apply to GOEIC for a requirements card based on supportive
documents certifying related activities. The said companies shall be required to submit a
copy of this card while filing the application to release their production inputs.
Article 16: Final release shall be allowed for goods previously released under the
temporary admission system, provided that import procedures are completed in the runup
to final release.
Mohammed Hawamedh
08-20-2011, 02:24 PM
Chapter 4
Import for Private Use
Article 17: Without prejudice to the provisions cited in Chapter 1 of Part 1 of this
regulation, and with the exception of Article 9, Customs shall directly release goods
imported for private use of natural or judicial persons in the light of the requirements of
their licensed activities. The Declaration Form included in annex (6) shall meanwhile be
fulfilled .
Article 18: Goods which have previously been temporarily released shall be accorded
final release provided that subject goods fulfill import conditions at the time of
temporary and final release.
Article 19: Customs shall promptly release samples, models, as well as promotion and
advertisement material imported by natural and judicial persons under the following
conditions:
-Verification of the nature of the subject sample or model.
-Approval of medicine samples by the competent department at the Ministry of
Health.
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-Advertisement material shall bear in print the name of the entity concerned or the
commercialized event.
-Approval by the Literary Works Authority of advertisement material in relation
to foreign movies.
Article 20: Customs shall promptly release media material and stationary imported by
embassies and scientific agencies on the occasion of holding scientific conferences or
national celebrations of foreign countries. The release shall be in the name of the
beneficiary.
Article 21: Customs shall promptly release stationary, advertisement material and staff
uniforms imported from the head offices of foreign airlines to Egypt-based branches
provided that the approval of the Ministry of Aviations is maintained .
Chapter 5
Import for Personal Use
Article 22: As exemption from the provisions of Chapter 1 of Part 1 of this regulation,
Customs shall release promptly goods and luggage which are intended for personal use
whether in the company of a passenger or sent by freight or mail parcel or purchased
from the free shop. The subject goods and luggage, even if used, shall be allowed in
except for two-stroke motorcycles unless sent for patients and handicapped.
Every investor shall be allowed to import his private car without being bound by the
model of the year and the approval of the Head of the General Investment Authority and
Free Zones or the person he delegates.
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Chapter 6
Importing by
Government
Article 23: Without prejudice to provisions stipulated for in Chapter 1 of Part 1 of this
regulation, import of goods necessary for the activity practiced by ministries, government
agencies, public authorities, local government units and public legal entities shall be
carried out in accordance with laws and regulations governing their purchase from abroad
and without mandating entry in the importers’ register.
Article 24: Customs shall directly release to the bodies cited in the previous article their
imported goods to help serve their purposes.
Chapter 7
Imported Goods for Display
Article 25: Board Chairman of the General Organization for Exhibitions and
International Fairs (GOEIF) may allow exhibitors at international exhibitions and fairs as
well as exhibitions licensed to be held in Egypt, to directly sell goods imported for
display and re-exportation at exhibition sites identified by the Fairs Administration and
within the limits of the local budget allocated for exhibition pavilions. The sale shall be
supervised by GOEIF and the Custom, provided that import procedures, except for the
certificate of origin and the bill of lading from the country of origin, are completed. This
shall apply to the purchase for trade or production or for private or personal use.
Chapter 8
No Value Imports
Article 26: As an exception from the provisions of Chapter 1 of Part 1 of this regulation,
the Customs shall promptly release imported goods which are donated or offered as aid or
assigned, with no payment made, to the following bodies:
1-Ministries, government agencies, public authorities, local government units,
public legal entities, trade unions and syndicates, sports clubs, the Olympic
Committee, research centers and universities, conditionally upon the approval
of the entity overseeing the given activity.
2-Non-governmental organizations, mosques, and churches provided that
the competent administrative body gives its approval.
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Chapter 9
Border Measures for the Protection against the Importation
of IPR Infringing Goods
Article 27: The owner of intellectual property rights or his legal representative shall have
the right to file a complaint with the competent Customs to suspend the release of
imported goods or products or packages into free circulation allegedly involving
infringement on intellectual property rights (rights of the copyright holder and related
rights, trademarks, geographic indications, industrial designs, patents, integrated circuit
lay-out designs), provided that the goods are entering Egyptian ports or yet to be released
from Customs. The applicant and the competent customs shall provide Trade Agreements
Sector at the Ministry of Foreign Trade And Industry with a copy of the complaint.
Article 28: The complaint shall provide adequate evidence establishing a prima facie
case of infringement and include the following data and documents:
1- The applicant name and job, and the name of his representative.
2- A detailed description of suspected consignment/consignments subject of
complaint regarding the exporting country, bill of lading number and date, port of
destination, name of importer, and description of goods.
3- Adequate evidence and documents that there is a prima facie infringement of
intellectual property rights.
4- A certified deed to assert IPR ownership subject of complaint along with an
affidavit indicating the property has not been assigned or subject to a usufructuary
right.
5- An affidavit by the IPR holder verifying that he has not filed a request for a
decision on the merits by the competent chief justice to the effect of taking one or
more provisional measures or that no decision rejecting the provisional measure
regarding the brief has been issued.
Article 29: On serving notice to Customs with regard to the given complaint, the
applicant shall abide by depositing a security or a letter of guarantee issued by an
Egyptian bank accredited by the Central Bank of Egypt that shall be unconditional and
extendable for further periods as deemed appropriate by competent Customs, with no
regard to the applicant’s appeal.
The security or letter of guarantee shall be equivalent to quarter the value of suspected
goods subject of complaint according to Customs valuation.
The bank shall abide by disbursing to the administrative entity concerned an amount
equivalent to the security in place. It shall also abide by making full payment of the given
amount upon its first request or its renewal as valid by the above mentioned entity with
no regard to the complainant’s appeal.
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Article 30: The competent customs shall have to accept the complaint upon verifying its
compliance with the provisions set forth in Articles (27,28,29), and procedures to
suspend the final release of the subject consignments shall be completed, provided that
this does not stop the completion of procedures preceding final release.
Article 31: All authorities having adequate evidence that there is a prima facie case of
IPR infringement regarding consignments not yet finally released, shall have to serve
notice to Customs, which on verifying the conformity of reported data, shall apply
procedures to promptly suspend release of infringing goods.
Article 32: Customs shall be obligated to notify both the complainant and the defendant
legally by registered letter of receipt notice of the proceedings related to the suspension
of release. Trade Agreements Sector at the Ministry of Foreign Trade and Industry shall
also be notified of the action. It shall be served notice by registered letter of receipt
notification or any other means of relevance. The duration of suspension of final release
shall be 10 working days, and may be extended by another 10 days upon the approval of
the Minister competent for foreign trade in response to a request by Trade Agreements
Sector .
Article 33: IPR holders or their representatives who complain about cases of
infringement on these rights shall have to file their complaint with Trade Agreements
Sector at the Ministry of Foreign Trade and Industry, provided that this complaint is
supported with adequate information.
The Trade Agreements Sector shall undertake to muster evidence concerning the
soundness of the given complaint. If a prima facie case of infringement has been
established, the competent Customs shall be approached for the application of border
measures to suspected consignments.
Article 34: The importer shall have the right to file an appeal with Trade Agreements
Sector contesting the suspension no later than 3 working days from the date of receipt of
notice by him or his legal representative, or else the decision shall be considered final, if
supportive documents and data are attached.
Article 35: Trade Agreements Sector at the Ministry of Foreign Trade And Industry shall
examine the appeal in light of the previously filed complaint, and take the final decision
no later than 3 working days from the date of filing the appeal.
As long as no juridical decision on the merits ordering any of the relevant provisional
measures has been taken, the Trade Agreements Sector shall be required to notify the
competent Customs to release the suspended consignments once the appeal has been
accepted.
If the appeal has been rejected by the Trade Agreements Sector, the competent Customs
shall be served notice of the continued suspension of infringing goods subject of appeal
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and any security or equivalent guarantees posted by the complainant released, as long as
a juridical order has not been issued in this connection.
Article 36: The complainant shall be obligated during the period of suspension specified
in Article 32 of this Regulation to request the issuance of a court order in a brief by the
competent chief justice to the effect of taking one or more appropriate provisional
measures.
If the complainant has not served notice to the Customs and the Trade Agreements
Sector at the Ministry of Foreign Trade and Industry on the legal action during the period
of suspension or on the issuance of an order on the brief within 30 days from the date of
its submission, the Customs concerned shall continue procedures of final release of
suspended goods after the completion of importation procedures after discounting costs
borne by these goods as a result of suspended release which shall be deducted by
Customs from the security or cash guarantee posted by the complainant.
Article 37: Without prejudice to the protection of confidential information, the
competent Customs shall have to offer the complainant and the defendant the chance to
inspect the goods subject of suspension with a view to establishing evidence
there is prima facie infringement. The defendant shall also be accorded a fairly equal
chance concerning any of the infringing goods subject of complaint.
Article 38: The Customs shall have to release the security or guarantee posted by the
complainant if the defendant has not filed an appeal in three days from his receipt of
notice of the suspension of final release or if a juridical order on the suspension of
consignments has been issued.
Part II
Export
Chapter 1
General Provisions
Article 39: Export of locally produced goods or goods previously imported for trade
purposes may not be allowed except by a person whose name is entered in the
exporters’ register. The following cases shall not be regarded as practice of export:
1- Exports by public judicial persons.
2- Samples and advertisement material.
3-Goods exported for display overseas
4- Parcels containing documents, or tapes, or computer disks with stored data and
information.
Mohammed Hawamedh
08-20-2011, 02:24 PM
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5-Goods for which a customs declaration for final release has been drafted and
which shall be re-exported
6- Goods that have been released as final imports and exported for purposes of
Exchange or return
7- Goods that are temporarily exported for processing, use, operation, or
undergoing supplementary processing or repair or functional transactions
overseas, or the like, and which are re-entered into the country.
8-Personal belongings or gifts carried by passengers or by freight.
9-Purchases by departing foreigners and Egyptians, and tourists’ purchases left
behind at antique shops and tourist companies.
10 Donations and in-kind aid
11-Goods exported by government agencies to embassies and consulates of the
Arab Republic of Egypt as well as commercial and technical offices affiliated to
these missions
12-Scientific books and periodicals exported by government entities, research
institutes and specialized scientific centers for exchange of knowledge and for
dedication purposes.
13-Books exported by a publisher or author in two copies of each book for every
client.
14- Needs of projects established in free zones to be supplied from the local
market.
Article 40: 1 - Egyptian made products shall be exported directly through the
Customs without export approval.
2-Manufactured goods shall not be exported unless produced in companies licensed to
be established and to operate except for handicrafts and tourist bazaars products2.
3- Products of the Egyptian production enterprises or their packages with relevant names
or brands posted thereon shall only be exported through such enterprises or their
representatives or upon their approval or certified licensing.
Article 41: The export of petroleum products; butane, petrol, naphtha, jet fuel,
lubricating oils, kerosene, solar, diesel, tar and asphalt, shall be with the approval of the
Egyptian General Authority for Petroleum
Article 42: Goods that have been previously released as final imports shall be
directly exported by the Customs.
2 This has been added by the Ministerial Decree No.32/2006.on amending some provisions of the executive
regulation implementing import and export law as well as inspection and control procedures for exported and
imported goods.
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Article 43: As decreed by the Minister competent for Foreign Trade, export
committees and councils shall be formed to monitor export of certain goods. The
decree, upon the proposal of the Foreign Trade Sector, shall define their functions, rules
and system of work for these committees and councils. The Head of the Foreign Trade
Sector shall issue the necessary decrees on the formation of the technical secretariats
of these committees or councils and the identification of their functions.
Article 44: The export of the goods that are subject to the above mentioned export
committees or councils as per the previous article shall be in accordance with the policy
and regulations proposed by the Foreign Trade Sector and endorsed by the Minister
competent for Foreign Trade. This Sector shall notify the entities concerned of the
approved regulations in conjunction with provisions of the above paragraph, which
will be binding to exporters.
Article 45: The exporter or his representative shall be obligated to complete in full
statistical Form no (7) attached to this Regulation for each consignment, and deliver it to
the GOEIC field office concerned before shipping. Data recorded in the aforementioned
form should be in conformity with the shipment data as well as with the Custom
Declaration. The exporter shall notify the competent GOEIC field office of any
amendments introduced to the said data.
The Customs concerned shall not allow shipping to be carried out unless the statistical
form has been submitted to GOEIC field office.
The GOEIC department dealing with certificates of origin shall, before issuing the
certificate, be ascertained of the submission to the field office concerned of the statistical
Form and the inclusion of any related amendments.
The above form shall be replaced by the Unified Statistical Form agreed by the Ministries
of Finance and Foreign Trade and Industry.
Article 46: On exporting to countries party to preferential agreements with the Arab
Republic of Egypt, and under which, Egyptian goods enjoyed a duty free treatment,
the exporter who requests enjoying this exemption, shall be obligated to attach to
the exported consignment a certificate of origin in accordance with the terms of
reference of the agreement in question.
The exporter shall be responsible for proving that exports meet the standards of origin
and verifying conformity of data in the certificate of origin.
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Chapter 2
Issuance of Certificates of Origin for Exports of the Arab Republic of Egypt
Article 47: The General Organization for Export and Import Control (GOEIC) shall
exclusively be responsible for issuing the certificates of origin or transit for exports of
goods originating in Egypt or exports acquiring Egyptian origin to countries party to
bilateral or regional or multilateral trade agreements with the Arab Republic of Egypt,
under which the Arab Republic of Egypt enjoys preferential treatment, unless otherwise
provided for in any of the said agreements.
Under a preferential agreement, certificates of origin shall be issued only to countries
party to it.
Article 48: An application for the certificate of origin shall be filed in accordance with
the aforementioned Article on a GOEIC-prepared form. The application shall be valid for
one or more consignments of the same kind or of different varieties directed to a single
import destination, using a single means of freight transport.
The following documents shall be enclosed with the application:
-A copy of the sale invoice signed by the exporter.
-A declaration by the party concerned verifying the conformity of data submitted
and the observance of rules of origin regarding the subject consignment in
accordance with the agreement concluded with the country of destination.
-Concerning products of the production enterprises in free zones, the board
chairman of the zone shall sign to notate that the subject products have been
manufactured inside the
zone.
GOEIC shall abide by issuing certificates of origin to applicants after payment of fees
within 24 hours from the submission of the application .The certificate of origin shall be
immediately issued for perishable and airborne goods.
Article 49: The Federation of Egyptian Industries shall submit to GOEIC an annual
statement of production enterprises, members in the various industrial chambers, detailing
products these enterprises are licensed to produce. On issuing the certificate of origin to
any of the given companies, GOEIC shall verify that the contents of the certificate are in
conformity with the statement data.
Article 50: The exporter shall be obligated to provide GOEIC with all the data and
information in connection with the GOEIC-issued certificate of origin in order to verify
the origin if so requested by the country of destination.
The aforementioned exporter shall have to keep records and documents certifying the
statement of origin for five years starting from the date of the issuance of the certificate of
origin.
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Article 51: The Chambers of Commerce shall, on geographic basis, issue the certificate
of origin for Egyptian exports to countries not mentioned in Article (47).
For exports of projects in the free zones, the following shall apply:
1- Concerning products of production enterprises in a free zone, the board
chairman of the zone shall sign to notate that the subject products have been
manufactured inside the
zone.
2- With regard to in-stock goods of free zones enterprises, the certificate of origin
shall be issued regarding goods exported into or out of the country with their
origin indicated by the free zone board chairman’s notation verifying data in the
said certificate of origin and in accordance with the recorded data in the light of
documents attached with the in-stock goods.
Mohammed Hawamedh
08-20-2011, 02:25 PM
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Chapter 3
Exporters’ Register
General Provisions
Article 52: GOEIC shall keep the exporters’ register in accordance with Law no.118/
1975 as below stated:
1-Register (letter A) for production enterprises which export only their products
and in which industrial or agricultural production enterprises shall be entered.
2-Register (letter B) in which other entities not mentioned in clause (1) shall
be entered.
Conditions Necessary for the Exporter to Meet
Article 53: For the exporter to apply for entry in the exporters’ register, the following
conditions have to be met:
First –Regarding individuals
(a) Enrolled in the Commercial Register
(b) The capital certified in the commercial register shall not be less than LE.10
thousand for production enterprises and LE.25 thousand for other enterprises.
(c) The exporter shall not have been convicted on a felony charge or inflicted a
freedom-restricting penalty for crimes involving dishonor or dishonesty or
sentenced in connection with any of the crimes set forth in import and export
laws or money law issued by the Central Bank of Egypt or regulations related
to customs, taxes or supply or trade unless he has been rehabilitated.
(d) He shall not have been legally declared a bankrupt unless he has been
rehabilitated.
(e) He shall not be a civil servant or a public sector employee.
(f) The entry applicant or the person responsible for exportation shall duly obtain
an export practice certificate either from the Foreign Trade Training Center at
the Ministry of Foreign Trade and Industry or from accredited centers or he
shall be holder of a qualifying university degree in accordance with
regulations decreed by the Minister of Foreign Trade.
(g) Entries in the exporters’ register of applicants or those responsible for export
shall not have previously been subject to cancellation or strike-off, except
after the lapse of three years from the cancellation or the strike off.
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Second: Regarding Companies
(a) Partners in joint liability companies and limited partnerships as well as
officials charged to manage in other corporations shall have to meet
conditions cited in clauses (c, d, e, g) of the (first) paragraph of this Article.
(b) The company shall be entered in the commercial register.
(c) The company shall have exportation as one of its activity purposes.
(d) The company’s capital certified in the commercial register shall not be less
than LE.20 thousand for production enterprises and LE.50 thousand for other
activities.
(e) Those responsible for exportation shall fulfill the terms quoted in clauses (f, g)
of the first paragraph of this Article.
Third: Regarding Foreign Companies’ Branch Offices:
(a) The company’s branch office shall be entered in the commercial register.
(b) The company shall have exportation as among its activity purposes.
(c) The branch office manager or those responsible for exportation shall have to
meet requirements cited in clauses (f, g) of the first paragraph of this Article.
Fourth: Regarding Public Legal Entities:
(a) Export shall be deemed as one of the entity’s activities.
(b) Those responsible for exportation shall meet requirements cited in clause (f)
of the First paragraph of this Article
Procedures of Entry and Entry Renewal in the Exporters’ Register
Article 54: An application requesting entry in the exporters’ register shall be signed and
submitted to GOEIC or to one of its field offices by the applicant or whomever he
delegates or the legal representative of the judicial person. The original and a copy of the
application shall be submitted with the following data attached:
(a) Name of applicant, trade name and type of activity, if any.
(b) Activity venue/location.
(c) Type of activity or trade.
(d) Varieties the applicant is willing to export.
(e) A trademark, if any.
The data above shall necessarily be in conformity with the data specified in the
commercial register.
Article 55: The following documents shall be attached with the application for entry in
the exporters’ register:
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First: Regarding Individuals’ Entry:
(a) A copy of the ID
(b) A certified copy of the entry record in the commercial register in which the
type of activity and the amount of capital shall be indicated.
(c) A declaration by the entry applicant indicating that he has not been previously
convicted on a felony charge or inflicted a freedom-restricting penalty for
crimes involving dishonor or dishonesty or sentenced in connection with any
of the crimes set forth in import and export laws or money law issued by the
Central Bank of Egypt or regulations related to customs, taxes or supply or
trade or sentenced on charges of one of the crimes above and he has been
rehabilitated.
(d) An export practice certificate.
(e) A declaration by the entry applicant or those responsible for exportation
indicating that the application has not been subject to cancellation or strike off
for three years in the run up of submitting the application.
Second: Regarding Entry Records of Companies:
(a) A certified copy of the entry record in the commercial register indicating the
type of activity, the amount of capital and the person authorized to manage
and sign on behalf of the company.
(b) A statement naming the person responsible for exportation and who has the
authority of management and signature in the name of the legal entity.
(c) A copy of the ID of the official authorized to manage in the name of the given
company (acting partner- responsible manager – board chairman or the
delegated board member).
(d) An export practice certificate by those responsible for exportation
(e) A declaration by acting partners in joint liability companies and limited
partnerships and the person vested in the authority of management in other
activities to indicate that they have not been previously convicted on a felony
charge or inflicted a freedom-restricting penalty for crimes involving dishonor
or dishonesty or sentenced in connection with any of the crimes set forth in
import and export laws or money law issued by the Central Bank of Egypt or
in regulations related to customs, taxes, supply or trade. The declaration as
well shall indicate that partners have previously not been subject to entry
strike-offs or cancellations for three years prior to the submission of
application or sentenced on any of the above charges and have been
rehabilitated.
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Third: Regarding Branch Offices of Foreign Companies:
(a) A copy of the entry record in the Commercial Register
(b) A declaration indicating that the entry record has not been subject to strikeoffs
or cancellations for three years running prior to the submission of
application.
(c) An export practice certificate by those responsible for exportation.
Fourth: Regarding Public Legal Entities:
(a) A document certifying that export is among the licensed activities of the legal
entity concerned.
(b) An export practice certificate for those responsible for exportation.
Article 56: GOEIC board chairman or whom he delegates shall take a decision regarding
the entry application in two days from the date of its submission with all conditions met
and documents completed.
Article 57: Exporters enrolled in the exporters’ register shall be obligated to notify
GOEIC or its field offices in which they are registered, as appropriate, of any changes or
amendments in the data entered in the exporters’ register within sixty days from the date
of the given change or amendment.
Article 58: The entry application shall be renewed every five years from the date of
registration or from the date of the last renewal, either by the applicant or his legal
representative, the application shall be accepted if submitted until the end of the year
after the expiry or renewal of the entry.
Attached to the entry renewal application shall be the following documents:
(a) A recent certified copy of the entry record in the Commercial Register
(b) A declaration acknowledging that no amendments have been introduced to the
applicant’s record or to related documents.
(c) The original payment receipt of entry renewal fees.
Article 59: Entries shall neither be enrolled in nor renewed, amendments introduced to or
certified copies extracted from the exporters’ register unless fees specified in Article 5 of
Law no.118 /1975 are paid.
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Article 60: The exporter’s entry shall be subject to strike-off from the register in the
following cases:
(a) The natural person’s death.
(b) The expiry of the legal entity licensed to export
(c) Upon the exporter’s request.
(d) The exporter’s default on submitting a renewal application during the period
provided for in Article (58) of this Regulation.
Penalties for Non-Conformity Regarding Entries in the Exporters’ Register
Article 61: A warning shall be addressed to non-conforming exporters in the following
cases:
(a) The export of consignments proved non-conforming to terms of contract or to
conditions set by the importing country.
(b) The export of consignments which have been rejected for sanitary reasons or
for their non-conformity to agricultural quarantine standards.
(c) The violation of rules and procedures regulating the export and control of
exported goods.
(d) Presenting incorrect data related to the quantity and price of exported goods.
(e) Presenting incorrect data related to exported goods for which an application
for a certificate of origin from GOEIC has been filed.
Article 62: The exporter shall be suspended for a period not exceeding one year in the
following cases:
(a) Recurrence of any of the violations detailed above.
(b) Exporting goods not in conformity with specifications which results in
having an adverse effect on the reputation of exports in markets of
importing countries.
Article 63: Exporters’ entries in the exporters’ register shall be cancelled in the following
cases:
(a) Recurrence of any of the violations detailed above.
(b) Presenting incorrect data related to exported goods in order to access
export incentives.
(c) Circumvention regarding with the certificate of origin attached with
exports.
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Article 64: Suspension or cancellation decisions in accordance with Articles no. (62 and
63) shall only be issued after the exporter has been served notice by a registered letter of
receipt notification at the address indicated in the register to submit his defense
arguments in writing in 15 days from the date of his notification. A committee shall be
formed as decreed by the Minister of Foreign Trade, in which the General Federation of
Chambers of Commerce and the Federation of Egyptian Industries shall be represented
as members, to determine the exporter’s liability for the violations pressed against him.
Article 65: An application for re-entry in the exporters’ register in respect of exporters
whose entries have been cancelled will not be considered before the expiry of three years
from the date of cancellation.
Part III
Counter-Trade
Article 66: Counter-trade may be concluded to exchange goods or services. Contracts
may be implemented even without the signatories, provided that the
implementation process is conducted by one of the banks operating in the Arab Republic
of Egypt.
Article 67: The implementation of contracts of counter-trade for visible goods shall
be restricted to enrolled entries in the exporters’ and importers’ registers, as appropriate,
without prejudice to laws and regulations allowing import and export without
essentially entering in these registers.
Article 68: Contracting entities shall be obligated to submit immediately on signature at
the Foreign Trade Sector a copy of the subject contract or any amendments thereto, as
well as the name of the bank through which the implementation process is to take place
and to notify this Sector of import and export deals implemented within two months from
the date of contract termination.
Part IV
Export and Import Control
Article 69: Goods listed in Annex no.(8) of this Regulation shall be released upon the
fulfilling of procedures cited in section two of this Regulation unless otherwise
provided for elsewhere in this Regulation. Exempted from this procedure shall be
imports for private or personal use as well as production inputs imported by production
and service enterprises in their names and for their use in quantities sufficient to satisfy
24
their actual needs, provided that the importer submit a declaration in accordance with
the form cited in Annex no.(5) in this Regulation.
GOEIC shall collect the inspection fees cited in Annex no.(8)of this Regulation as
indicated next to every commodity.
Article 70: The exporter, before exporting goods subject to quality control, (fresh citrus
fruit – fresh garlic – fresh onions – fresh potatoes - fresh peanuts), shall obtain GOEIC’s
approval in accordance with rules and procedures concerning exportation of goods
articulated in Section Two, except for the following:
(a) Goods to supply ships queuing at Egyptian ports and ships sailing through the
Suez Canal as well as goods to supply airplanes at Egyptian airports.
(b) Goods which are not exported for non-trading purposes.
(c) Production inputs exported to free zone enterprises inside the Arab Republic
of Egypt.
Part V
Final Provisions
Article 71: Competent authorities issuing export and import approvals shall prepare a
monthly statement for the Foreign Trade Sector in terms of commodity, country, quantity
and value.
Article 72: The Customs Authority shall prepare monthly statements for the Foreign
Trade Sector in terms of quantity and value, the name of importer or exporter, the
importing or exporting country. The Customs Authority shall also notify this Sector on
imports and exports conducted under counter trade.
Article 73: Where counter trade were implemented, banks shall b e abide by notifying
the Foreign Trade Sector of the status of implementation of every import and
export transaction on quarterly basis.
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Section II
System and Procedures of Inspection and Control of
Imported and Exported Goods
Chapter 1
General Provisions
Article 74: The inspection and control of imported and exported goods shall be
undertaken in accordance with the provisions of Law No. 155 / 2002, Presidential
Decree No. 106 / 2000 and Prime Ministerial Decree No. 1186 / 2003, as
indicated in the following articles:
Article 75: Wherever pointed out in this Part, GOEIC shall refer to the General
Organization for Export and Import Control.
Article 76: GOEIC shall be mandated to undertake the following:
(a) Inspect all imported goods subject to the above mentioned legislation on ionized
radiation and prevention against its hazards, as well as regulations on
food control, agriculture, and import and export. Regarding goods imported
under the temporary admission system, inspection shall be limited to
microbiological testing as well as quarantine and entomological pests.
(b) Inspect all exported goods subject to the above mentioned legislation on
ionized radiation and prevention against its hazards, as well as regulations on
food control, agriculture, and import and export.
(c) Supervise inspection and control of exported and imported goods subject to
control regulations governing literary and artistic works, combat of fraud
and deception, practice of pharmaceutical activity, toxic and non-toxic material
used in industry, precious metals, the protection of antiquities, and weight and
measurement.
(d) Ensure implementation of the traceability system for commodities subject thereto
in accordance with regulations issued by the Minister competent for foreign trade.
(e) Perform voluntary inspection of goods upon request by the owners of the goods.
(f) Carry out tests requested by any entity or person.
Article 77: Inspection and control procedures for goods indicated in the preceding
article shall be undertaken in one stage with the assistance of entities concerned in
compliance with laws and decrees regulating their competence. These entities shall
commit to providing experts for this purpose.
Mohammed Hawamedh
08-20-2011, 02:26 PM
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Article 78: GOEIC’s field offices in maritime, air and land ports shall be the sole
authority to receive documents from the customs r e g a r d i n g imported or exported
consignments pursuant to laws and regulations to be submitted to appropriate
inspection agencies. GOEIC’s field offices shall be the exclusive entity issuing the final
results of inspection.
Article 79: The Customs Authority shall abide by decisions taken by GOEIC regarding
inspection and control procedures for imported and exported goods. It may not
accept requests for inspection or inspection results released by any other entity.
The competent Customs shall be authorized to release exported or imported goods upon
GOEIC’s decision stating that all inspection and control requirements have
been adequately met.
Article 80: Representatives of GOEIC-supervised inspection and control entities shall
join GOEIC’s competent field offices upon nomination by their ministry or nomination
by the entities to which they belong and the approval of GOEIC.
While joining GOEIC, those representatives shall be subject to the administrative
supervision and instructions issued by GOEIC.
Chapter 2
Inspection of Imported Goods
Article 81: Procedures for visual inspection and sampling of imported goods take place
according to the system indicated in Annex No. 2 of the aforementioned Prime
Ministerial Decree No. 1186/2003, and amendments that may be introduced, as well as in
implementing regulations set forth in the following articles.
Article 82: Importers of goods inspected by GOEIC in compliance with the provisions of
Article 79 may request that the goods be inspected inside or outside the customs area on
a fee-for-service basis in accordance with regulations decreed by the Minister
competent for foreign trade.
Article 83: Importers of foodstuffs may request GOEIC that inspection take place in
areas outside the country where these goods are produced. In this case, the importer
shall defray all the expenses and fees for services in accordance with regulations
decreed by the Minister competent for foreign trade. This inspection however does not
by necessity replace inspection procedures in ports of arrival.
Article 84: Regarding consignments that require inspection, the contents of each lot or
parcel shall have to be identical in terms of kind, variety, grade and package.
27
Article 85: Consignments that have been visually inspected shall be disposed of
in compliance with the following rules:
1. For goods subject to exclusive visual inspection, a certificate of conformity
shall be issued immediately upon successful completion of this inspection.
2. Goods concerning which visual inspection has been performed but yet subject
to laboratory testing, the following steps shall be pursued:
(a) – Transport and storage of these goods shall be conditional to the
supervision of competent control agencies within 48 hours. These goods
nevertheless shall only be disposed of after the final result of inspection
has been released and the certificate of conformity issued. The person
concerned may keep the consignment inside the Customs area pending the
issuance of the final result of inspection and the certificate of conformity.
(b) – The final results of inspection shall be issued no later than 7 days
from the date that the last sample was taken. Except for canned food and
bottled water as well as goods subject to dioxin testing, final results shall
be released no later than 15 days after the last sample was taken. As
for
literary and artistic works imported for the first time, the final
results of inspection shall be declared in one month as of the
date of sample-taking.
(c) – Final results of inspection for non-food goods shall be declared during
the period set for the tests specified according to standards or governing
legislation in this regard.
Article 86: Conditions for the transportation and storage of goods under conditional
release from the competent control authority can be summed up as follows:
1 – A copy of a title deed or lease contract regarding the warehouse where
the goods are to be stored shall be submitted. As for factories, evidence to prove
the existence of a warehouse to serve the purpose shall also be submitted.
The competent GOEIC field office shall keep a register for recording these
contracts. Those already enrolled in the register shall be exempted from
presenting copies of the above documents.
2 – The importing party shall not have previously defaulted on its commitments
vis-à-vis any other consignment that was conditionally transported and stored 12
months before its arrival or that it has been referred to court
awaiting
consideration.
3 – The warehouse to be used must not contain consignment items of the same
kind intended for storage.
Importers of industrial goods shall exclusively submit a declaration of commitment.
4 – The importer shall assume full responsibility for the consignment during
transportation and storage until the final results of the inspection are released.
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The warehouse must be large enough to sufficiently accommodate
transferred quantities. The importer shall not dispose of the consignment until
a relevant decision is taken.
5 – Veterinary regulations governing livestock consignments shall be complied
with.
6 – The GOEIC field office in the port from which the consignment has been
transported shall abide by the following procedures:
(a) Notify the competent customs office not to make the final release of
the consignment before being informed that the final results of inspection
have disclosed conformity to standards. Procedures then shall be
undertaken to re-export or to destroy the consignment if non-conformity
has been verified.
(b) Notify the food supply investigation police office and the GOEIC field
office in whose area the subject warehouse is located in order to fulfill
inspection procedures pending issuance of a decision on disposal in the
light of final
inspection results.
The following terms shall be added to conditions on foodstuffs:
1 – Present a photocopy of the license granting permission to the warehouse to
store foodstuffs. A register shall be opened at the GOEIC field office to record
names of warehouses allowed to store foodstuffs within the jurisdiction of the
given office, according to the warehouse’s license submitted by importers of
foodstuffs.
2 – The Health Unit in whose a rea the warehouse is located, along with the
Health Affairs Department to which the warehouse is affiliated, shall be briefed
on all data pertinent to the consignment by telegram, letter or fax, so that all
health procedures related to the warehouse inspection, receipt of consignment
and completion of relevant health procedures pending the release of final
inspection results. Furthermore, the General Department for Food Control
and the health department to which the port where the consignment will be
arriving is affiliated shall also be notified.
3 – Concerning frozen foodstuff consignments, the following terms shall be
taken into consideration:
(a) Consignments shall be transported by freezing vehicles with (-18) and
sealed with red wax. A seal will also be affixed by the customs foodstuff
inspector. The plate numbers of vehicles and names of their drivers shall
be recorded.
(b) The health unit (which houses the refrigerator that received the
consignment) shall inspect the refrigerator in which the consignment is
stored.
(c) The consignment shall be received and its quantity and variety verified
to ascertain compliance with accompanying documents and validity of
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seals before being opened by a committee formed for this purpose in
which the food controller and the food inspector concerned shall be
represented. This shall be indicated in an official case record. An
official record shall be drafted for quarantine purposes until notice has
been served by GOEIC stating conformity of consignment.
(d) A party at the location from where the consignment is transferred shall
notify b y telegram or fax the party at the location where the consignment
is destined. This communication shall be supported by a letter to explain
procedures and give details regarding quantities in the consignment and
ensure all data are completed. The General Department for Food Control
shall follow up all related procedures.
(e) The consignor and consignee shall follow up the arrival of the
consignment as well as procedures pursued in this respect and shall
take legal action in case any problem or infringement takes place.
Article 87: GOEIC, laboratories and health units to which imported foodstuff samples
are sent shall abide by inspections and analyses specified in Annex No. 1 of Prime
Ministerial Decree No. 1186/ 2003 as well as any amendments that may be introduced in
this connection while having regard to approved standards. Moreover, GOEIC, with
regard to tests and analyses applicable to non-food commodities, shall abide by
standards issued or approved by the Egyptian Organization for Standardization
and Quality Control.
Article 88: Concerning goods for which Egyptian mandatory standards have been issued;
GOEIC shall perform specific analyses and tests as defined. No amendments shall be
made to standards until one month after the date of its publication.
As for goods for which no Egyptian mandatory specification has been issued, the
importer shall determine the standards according to which inspection and analysis
shall be conducted.
If the importer has not requested that inspection be performed according to a particular
standard specification, the laboratory assigned to conduct the testing of the sample may
perform the inspection according to an approved standard.
Article 89: Laboratories receiving samples of goods for inspection and testing shall abide
by only one approved standard and shall not select tests from more than one standard.
Article 90: GOEIC field offices respectively shall abide by completing inspection
procedures in laboratories and inspection units cited in the above list in Annex 3 of
Prime Ministerial Decree No. 1186/2003 and whereby a decision shall be issued by the
Minister of Foreign Trade and Industry as well as its amendments.
30
These offices may undertake health, veterinary and quarantine inspections in any of the
qualified laboratories listed and the samples subject of analysis shall be on the
form prepared for this purpose which precisely specify tests and inspections required.
GOEIC field offices may perform inspections and conduct tests on samples of one
consignment in more than one laboratory named in the list in Annex 3 of Prime
Ministerial Decree No. 1186/2003 as indicated.
Laboratories affiliated to the Ministry of Foreign Trade and Industry, the Ministry of
Agriculture and Land Reclamation, the Ministry of Health and Population and the
Ministry of Electricity and Energy listed in Annex 3 attached to Prime Ministerial Decree
No. 1186/2003 shall be obligated to perform tests on samples sent by GOEIC field
offices and to report their results.
Article 91: Imported food commodities which, based on the first sample-taking, were
proved to adversely affect public health as a result of microbes, parasitic infections, or
toxins shall not be rejected as non-conforming to standards until a second sample from
the consignment has been taken according to the applicable visual inspection
and sampling system and in compliance with inspection and control procedures. The
party concerned shall be notified of the date of the second sampling, provided that GOEIC
field offices are duly authorized to conduct the second sampling, otherwise, the first
result shall be endorsed.
Article 92: Concerning imported goods that are not subject to legislation on ionizing
radiation and the prevention against its hazards as well as regulations
controlling foodstuff and agriculture, GOEIC shall have to abide by inspection
certificates issued by government authorities or by one of the laboratories
accredited by any of the accreditation bodies member of the International Accreditation
Council. Visual inspection shall in this case be exclusive.
Certified documents evidencing lab accreditation shall be submitted provided that
GOEIC open a register listing the laboratories that already met this requirement.
Inspection result certificates shall be issued in compliance with inspections and tests cited
in specifications issued or approved by the Egyptian Organization for Standardization
and Quality Control (EOS)..
GOEIC Chairman shall develop random inspection rules and programs for
consignments with attached certificates issued from agencies indicated in this article.
If any of these consignments was proved non-conforming, a warning shall be
addressed to the agency issuing the certificate for the first violation.
If violation recurred, a ministerial decree shall be issued to the effect of rejecting
certificates released from above mentioned laboratories.
Article 93: Goods subject to international quality standards shall exclusively be
inspected visually in accordance with regulations decreed by the Minister competent for
foreign trade.
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Article 94: Visual inspection and conformity of data on the consignment to the data
recorded in attached documents shall be exclusive concerning non-food industrial goods
imported by GOEIC-registered importers who duly meet the following requirements:
1 – Application for registration by the commercial agent of the producer, or
his representative or the importer, indicating the trademarks and varieties
produced and their production sites in different countries.
2 – The producer shall maintain a quality control system regarding his
products or his licensed production. Supportive documents shall be submitted
along with the registration request.
3 – Production shall be carried out according to one of the approved standards
of the Egyptian Organization for Standardization and Quality Control.
Producers abiding by the aforementioned regulations shall be recorded in a
register established for this purpose at GOEIC Head Office. Registration in or strikeoff
from this register shall be decreed by the Minister competent for foreign trade and
monthly published in the Official Gazette Al Waqaa Al Masraya.
Producers previously registered pursuant to Ministerial Decree no 501/1997 are deemed
compliant with the provisions cited in this article.
GOEIC Board Chairman may order random inspection with regard to any of
the consignments belonging to the abovementioned-registered producers. If nonconformity
to standards of the consignment/consignments subject of random
inspection has been verified, the producing company shall be served a strike-off warning
notice and in case of recurrence, shall be subject to strike off. The producer shall be
entitled to apply for re- entry one year after the strike off date and upon his compliance
with rules articulated in the first paragraph of this article.
Article 95: Upon rejection of an imported consignment following a second sampling,
the importer may apply for re-inspection upon giving reasons for his request within one
week from his notification of the inspection results.
The importer may apply for re-inspection at one of the other laboratories listed in Annex
3 of Prime Ministerial Decree No. 1186 / 2003 that shall be identified by GOEIC. If this
laboratory was not in place, inspection procedures shall be completed by experts who
had not been engaged in the previous inspection. The importer, his agent or whoever is
duly authorized by him as well as the representative of the producing company may be
present during re-inspection provided that they shall be signatories of the results. The
importer shall bear re-inspection costs and expenses.
Article 96: Concerning consignments transported under custody outside the customs
area, which the related final inspection results have proved their non-conformity to
standards, the importer shall be obligated to move the consignment to the customs area in
the company of a representative from the competent control agency. This must occur no
later than two weeks after his notification of the final results unless the consignment has
32
not been destroyed under the supervision of the control agency concerned and the
Customs Authority representative.
Conditional release or receipt of notice of inspection results regarding any of
the consignments returned to the importer shall not be permissible if he fails to reexport
or destroy non-conforming consignments within the time limit allowed to him.
Article 97: The importer shall be notified in writing of the final results of inspection at
the address provided on the import card or the related documents. If the letter has
been returned undelivered, it shall be posted on the advertisement board kept at the
GOEIC field office concerned for six days and shall be considered an official notice. If
notice has been served to the effect of rejecting the consignment, the following shall be
observed:
(a) If the consignment has been inside the customs area, the customs office
concerned shall be notified to take necessary measures for either
re- exporting or destroying the rejected consignment in accordance
with governing regulations in this regard.
(b) If the consignment has been stored outside the customs area, the agency
supervising storage of goods under conditional release, the Supply
Investigation Police Office and the Customs Authority shall be notified to
pursue procedures of re-export or destruction of the subject consignment.
(c) The health unit where the consignment is stored, the port of arrival and
the port where re-export will take place as well as the General
Department for Food Control at the Ministry of Health shall be notified
of the data of the consignment subject of re-export. The party concerned
shall present an application demanding re-exportation.
(d) The person concerned or his legal representative shall undertake not
to unfold the seal and to keep all parts of the consignment intact. Car
plate numbers, names of drivers and their identity cards shall be
recorded. Vehicles shall be parked and sealed with red wax and affixed
with the seal of the foodstuff inspector in whose work site the
warehouse is located. The signatory to the undertaking shall be
legally responsible for any infringement.
(e) The health official in the port where re-exportation will take place shall be
notified to receive the consignment, unfold the seal and ascertain
conformity of consignment in terms of weight and number to data
recorded in the documents and to complete re-export procedures. If
quantities have decreased, legal action shall be taken against the importer.
(f) The port of arrival, the warehouse, the General Department for
Food Control and the General Department for Food Supply
Investigation shall receive a copy of the re-export bill of lading.
Mohammed Hawamedh
08-20-2011, 02:26 PM
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Article 78: GOEIC’s field offices in maritime, air and land ports shall be the sole
authority to receive documents from the customs r e g a r d i n g imported or exported
consignments pursuant to laws and regulations to be submitted to appropriate
inspection agencies. GOEIC’s field offices shall be the exclusive entity issuing the final
results of inspection.
Article 79: The Customs Authority shall abide by decisions taken by GOEIC regarding
inspection and control procedures for imported and exported goods. It may not
accept requests for inspection or inspection results released by any other entity.
The competent Customs shall be authorized to release exported or imported goods upon
GOEIC’s decision stating that all inspection and control requirements have
been adequately met.
Article 80: Representatives of GOEIC-supervised inspection and control entities shall
join GOEIC’s competent field offices upon nomination by their ministry or nomination
by the entities to which they belong and the approval of GOEIC.
While joining GOEIC, those representatives shall be subject to the administrative
supervision and instructions issued by GOEIC.
Chapter 2
Inspection of Imported Goods
Article 81: Procedures for visual inspection and sampling of imported goods take place
according to the system indicated in Annex No. 2 of the aforementioned Prime
Ministerial Decree No. 1186/2003, and amendments that may be introduced, as well as in
implementing regulations set forth in the following articles.
Article 82: Importers of goods inspected by GOEIC in compliance with the provisions of
Article 79 may request that the goods be inspected inside or outside the customs area on
a fee-for-service basis in accordance with regulations decreed by the Minister
competent for foreign trade.
Article 83: Importers of foodstuffs may request GOEIC that inspection take place in
areas outside the country where these goods are produced. In this case, the importer
shall defray all the expenses and fees for services in accordance with regulations
decreed by the Minister competent for foreign trade. This inspection however does not
by necessity replace inspection procedures in ports of arrival.
Article 84: Regarding consignments that require inspection, the contents of each lot or
parcel shall have to be identical in terms of kind, variety, grade and package.
27
Article 85: Consignments that have been visually inspected shall be disposed of
in compliance with the following rules:
1. For goods subject to exclusive visual inspection, a certificate of conformity
shall be issued immediately upon successful completion of this inspection.
2. Goods concerning which visual inspection has been performed but yet subject
to laboratory testing, the following steps shall be pursued:
(a) – Transport and storage of these goods shall be conditional to the
supervision of competent control agencies within 48 hours. These goods
nevertheless shall only be disposed of after the final result of inspection
has been released and the certificate of conformity issued. The person
concerned may keep the consignment inside the Customs area pending the
issuance of the final result of inspection and the certificate of conformity.
(b) – The final results of inspection shall be issued no later than 7 days
from the date that the last sample was taken. Except for canned food and
bottled water as well as goods subject to dioxin testing, final results shall
be released no later than 15 days after the last sample was taken. As
for
literary and artistic works imported for the first time, the final
results of inspection shall be declared in one month as of the
date of sample-taking.
(c) – Final results of inspection for non-food goods shall be declared during
the period set for the tests specified according to standards or governing
legislation in this regard.
Article 86: Conditions for the transportation and storage of goods under conditional
release from the competent control authority can be summed up as follows:
1 – A copy of a title deed or lease contract regarding the warehouse where
the goods are to be stored shall be submitted. As for factories, evidence to prove
the existence of a warehouse to serve the purpose shall also be submitted.
The competent GOEIC field office shall keep a register for recording these
contracts. Those already enrolled in the register shall be exempted from
presenting copies of the above documents.
2 – The importing party shall not have previously defaulted on its commitments
vis-à-vis any other consignment that was conditionally transported and stored 12
months before its arrival or that it has been referred to court
awaiting
consideration.
3 – The warehouse to be used must not contain consignment items of the same
kind intended for storage.
Importers of industrial goods shall exclusively submit a declaration of commitment.
4 – The importer shall assume full responsibility for the consignment during
transportation and storage until the final results of the inspection are released.
28
The warehouse must be large enough to sufficiently accommodate
transferred quantities. The importer shall not dispose of the consignment until
a relevant decision is taken.
5 – Veterinary regulations governing livestock consignments shall be complied
with.
6 – The GOEIC field office in the port from which the consignment has been
transported shall abide by the following procedures:
(a) Notify the competent customs office not to make the final release of
the consignment before being informed that the final results of inspection
have disclosed conformity to standards. Procedures then shall be
undertaken to re-export or to destroy the consignment if non-conformity
has been verified.
(b) Notify the food supply investigation police office and the GOEIC field
office in whose area the subject warehouse is located in order to fulfill
inspection procedures pending issuance of a decision on disposal in the
light of final
inspection results.
The following terms shall be added to conditions on foodstuffs:
1 – Present a photocopy of the license granting permission to the warehouse to
store foodstuffs. A register shall be opened at the GOEIC field office to record
names of warehouses allowed to store foodstuffs within the jurisdiction of the
given office, according to the warehouse’s license submitted by importers of
foodstuffs.
2 – The Health Unit in whose a rea the warehouse is located, along with the
Health Affairs Department to which the warehouse is affiliated, shall be briefed
on all data pertinent to the consignment by telegram, letter or fax, so that all
health procedures related to the warehouse inspection, receipt of consignment
and completion of relevant health procedures pending the release of final
inspection results. Furthermore, the General Department for Food Control
and the health department to which the port where the consignment will be
arriving is affiliated shall also be notified.
3 – Concerning frozen foodstuff consignments, the following terms shall be
taken into consideration:
(a) Consignments shall be transported by freezing vehicles with (-18) and
sealed with red wax. A seal will also be affixed by the customs foodstuff
inspector. The plate numbers of vehicles and names of their drivers shall
be recorded.
(b) The health unit (which houses the refrigerator that received the
consignment) shall inspect the refrigerator in which the consignment is
stored.
(c) The consignment shall be received and its quantity and variety verified
to ascertain compliance with accompanying documents and validity of
29
seals before being opened by a committee formed for this purpose in
which the food controller and the food inspector concerned shall be
represented. This shall be indicated in an official case record. An
official record shall be drafted for quarantine purposes until notice has
been served by GOEIC stating conformity of consignment.
(d) A party at the location from where the consignment is transferred shall
notify b y telegram or fax the party at the location where the consignment
is destined. This communication shall be supported by a letter to explain
procedures and give details regarding quantities in the consignment and
ensure all data are completed. The General Department for Food Control
shall follow up all related procedures.
(e) The consignor and consignee shall follow up the arrival of the
consignment as well as procedures pursued in this respect and shall
take legal action in case any problem or infringement takes place.
Article 87: GOEIC, laboratories and health units to which imported foodstuff samples
are sent shall abide by inspections and analyses specified in Annex No. 1 of Prime
Ministerial Decree No. 1186/ 2003 as well as any amendments that may be introduced in
this connection while having regard to approved standards. Moreover, GOEIC, with
regard to tests and analyses applicable to non-food commodities, shall abide by
standards issued or approved by the Egyptian Organization for Standardization
and Quality Control.
Article 88: Concerning goods for which Egyptian mandatory standards have been issued;
GOEIC shall perform specific analyses and tests as defined. No amendments shall be
made to standards until one month after the date of its publication.
As for goods for which no Egyptian mandatory specification has been issued, the
importer shall determine the standards according to which inspection and analysis
shall be conducted.
If the importer has not requested that inspection be performed according to a particular
standard specification, the laboratory assigned to conduct the testing of the sample may
perform the inspection according to an approved standard.
Article 89: Laboratories receiving samples of goods for inspection and testing shall abide
by only one approved standard and shall not select tests from more than one standard.
Article 90: GOEIC field offices respectively shall abide by completing inspection
procedures in laboratories and inspection units cited in the above list in Annex 3 of
Prime Ministerial Decree No. 1186/2003 and whereby a decision shall be issued by the
Minister of Foreign Trade and Industry as well as its amendments.
30
These offices may undertake health, veterinary and quarantine inspections in any of the
qualified laboratories listed and the samples subject of analysis shall be on the
form prepared for this purpose which precisely specify tests and inspections required.
GOEIC field offices may perform inspections and conduct tests on samples of one
consignment in more than one laboratory named in the list in Annex 3 of Prime
Ministerial Decree No. 1186/2003 as indicated.
Laboratories affiliated to the Ministry of Foreign Trade and Industry, the Ministry of
Agriculture and Land Reclamation, the Ministry of Health and Population and the
Ministry of Electricity and Energy listed in Annex 3 attached to Prime Ministerial Decree
No. 1186/2003 shall be obligated to perform tests on samples sent by GOEIC field
offices and to report their results.
Article 91: Imported food commodities which, based on the first sample-taking, were
proved to adversely affect public health as a result of microbes, parasitic infections, or
toxins shall not be rejected as non-conforming to standards until a second sample from
the consignment has been taken according to the applicable visual inspection
and sampling system and in compliance with inspection and control procedures. The
party concerned shall be notified of the date of the second sampling, provided that GOEIC
field offices are duly authorized to conduct the second sampling, otherwise, the first
result shall be endorsed.
Article 92: Concerning imported goods that are not subject to legislation on ionizing
radiation and the prevention against its hazards as well as regulations
controlling foodstuff and agriculture, GOEIC shall have to abide by inspection
certificates issued by government authorities or by one of the laboratories
accredited by any of the accreditation bodies member of the International Accreditation
Council. Visual inspection shall in this case be exclusive.
Certified documents evidencing lab accreditation shall be submitted provided that
GOEIC open a register listing the laboratories that already met this requirement.
Inspection result certificates shall be issued in compliance with inspections and tests cited
in specifications issued or approved by the Egyptian Organization for Standardization
and Quality Control (EOS)..
GOEIC Chairman shall develop random inspection rules and programs for
consignments with attached certificates issued from agencies indicated in this article.
If any of these consignments was proved non-conforming, a warning shall be
addressed to the agency issuing the certificate for the first violation.
If violation recurred, a ministerial decree shall be issued to the effect of rejecting
certificates released from above mentioned laboratories.
Article 93: Goods subject to international quality standards shall exclusively be
inspected visually in accordance with regulations decreed by the Minister competent for
foreign trade.
31
Article 94: Visual inspection and conformity of data on the consignment to the data
recorded in attached documents shall be exclusive concerning non-food industrial goods
imported by GOEIC-registered importers who duly meet the following requirements:
1 – Application for registration by the commercial agent of the producer, or
his representative or the importer, indicating the trademarks and varieties
produced and their production sites in different countries.
2 – The producer shall maintain a quality control system regarding his
products or his licensed production. Supportive documents shall be submitted
along with the registration request.
3 – Production shall be carried out according to one of the approved standards
of the Egyptian Organization for Standardization and Quality Control.
Producers abiding by the aforementioned regulations shall be recorded in a
register established for this purpose at GOEIC Head Office. Registration in or strikeoff
from this register shall be decreed by the Minister competent for foreign trade and
monthly published in the Official Gazette Al Waqaa Al Masraya.
Producers previously registered pursuant to Ministerial Decree no 501/1997 are deemed
compliant with the provisions cited in this article.
GOEIC Board Chairman may order random inspection with regard to any of
the consignments belonging to the abovementioned-registered producers. If nonconformity
to standards of the consignment/consignments subject of random
inspection has been verified, the producing company shall be served a strike-off warning
notice and in case of recurrence, shall be subject to strike off. The producer shall be
entitled to apply for re- entry one year after the strike off date and upon his compliance
with rules articulated in the first paragraph of this article.
Article 95: Upon rejection of an imported consignment following a second sampling,
the importer may apply for re-inspection upon giving reasons for his request within one
week from his notification of the inspection results.
The importer may apply for re-inspection at one of the other laboratories listed in Annex
3 of Prime Ministerial Decree No. 1186 / 2003 that shall be identified by GOEIC. If this
laboratory was not in place, inspection procedures shall be completed by experts who
had not been engaged in the previous inspection. The importer, his agent or whoever is
duly authorized by him as well as the representative of the producing company may be
present during re-inspection provided that they shall be signatories of the results. The
importer shall bear re-inspection costs and expenses.
Article 96: Concerning consignments transported under custody outside the customs
area, which the related final inspection results have proved their non-conformity to
standards, the importer shall be obligated to move the consignment to the customs area in
the company of a representative from the competent control agency. This must occur no
later than two weeks after his notification of the final results unless the consignment has
32
not been destroyed under the supervision of the control agency concerned and the
Customs Authority representative.
Conditional release or receipt of notice of inspection results regarding any of
the consignments returned to the importer shall not be permissible if he fails to reexport
or destroy non-conforming consignments within the time limit allowed to him.
Article 97: The importer shall be notified in writing of the final results of inspection at
the address provided on the import card or the related documents. If the letter has
been returned undelivered, it shall be posted on the advertisement board kept at the
GOEIC field office concerned for six days and shall be considered an official notice. If
notice has been served to the effect of rejecting the consignment, the following shall be
observed:
(a) If the consignment has been inside the customs area, the customs office
concerned shall be notified to take necessary measures for either
re- exporting or destroying the rejected consignment in accordance
with governing regulations in this regard.
(b) If the consignment has been stored outside the customs area, the agency
supervising storage of goods under conditional release, the Supply
Investigation Police Office and the Customs Authority shall be notified to
pursue procedures of re-export or destruction of the subject consignment.
(c) The health unit where the consignment is stored, the port of arrival and
the port where re-export will take place as well as the General
Department for Food Control at the Ministry of Health shall be notified
of the data of the consignment subject of re-export. The party concerned
shall present an application demanding re-exportation.
(d) The person concerned or his legal representative shall undertake not
to unfold the seal and to keep all parts of the consignment intact. Car
plate numbers, names of drivers and their identity cards shall be
recorded. Vehicles shall be parked and sealed with red wax and affixed
with the seal of the foodstuff inspector in whose work site the
warehouse is located. The signatory to the undertaking shall be
legally responsible for any infringement.
(e) The health official in the port where re-exportation will take place shall be
notified to receive the consignment, unfold the seal and ascertain
conformity of consignment in terms of weight and number to data
recorded in the documents and to complete re-export procedures. If
quantities have decreased, legal action shall be taken against the importer.
(f) The port of arrival, the warehouse, the General Department for
Food Control and the General Department for Food Supply
Investigation shall receive a copy of the re-export bill of lading.
Mohammed Hawamedh
08-20-2011, 02:28 PM
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Article 98: The Foreign Trade Sector shall be notified of violations committed before
issuing a conformity certificate regarding fully or partially stored consignments under
conditional release for legal action to be taken against the importer.
Article 99: GOEIC field offices shall deliver to the importer the remaining samples
inspected. If the importer or his representative has failed to receive these samples in two
days for foodstuffs and 15 days for non-food commodities as of the date of receipt of the
final inspection results, the samples shall be disposed of as per regulations issued in
a decree by the Minister competent for foreign trade.
Article 100: GOEIC or its field offices shall, upon request of parties concerned, issue a
certificate indicating inspection or re-inspection results, a copy of it or a true copy
after the payment of a L.E. 1 fee.
Article 101: Concerning Egyptian exports that have been returned to the country,
inspection shall be restricted to compliance with health regulations and agricultural
and veterinary quarantine.
Article 102: Imported goods subject to quality control shall meet the following
requirements:
A. Concerning equipment, machines and apparatuses, a label indicating the
country of origin shall be affixed on the body or package in Arabic, English or
French.
B ……………………………….3.
C. Regarding slaughtered poultry, chicken and meat:
1. Shipping shall be direct from the country of origin to Egypt.
2. Foodstuffs shall be packed in well-sealed bags in conformity with health
regulations. The following data shall be written in Arabic on a card to be
placed inside each bag and on package bags and on cartons using
indelible ink (data may be written in two languages, one is Arabic):
(a) Country of origin.
(b) Name of product and trademark if any
(c) Name of slaughter-house
(d) Date of slaughtering
(e) Name and address of importer
(f) Name of entity overseeing the slaughter in accordance with
Islamic Sharia provided this entity is accredited by the
Commercial Office in the country of origin.
3 This has been cancelled by the Ministerial Decree No.32/2006.on amending some provisions of the executive
regulation implementing import and export law as well as inspection and control procedures for exported and
imported goods.
34
D. Concerning ready-made clothes, linens, carpets and rugs (except for socks4
and imports for medical purposes and industrial security) the following shall be
observed:
- A woven data card in Arabic shall be affixed on each patch in the process
of manufacture with the following5:
(a) Type of material used
(b) Country of origin
(c) Name of the importer
Concerning production licensed with a trademark, a declaration shall be submitted by
the importer or his legal representative to indicate that the exporting factory is the owner
of the trademark or authorized to use it.
Article 103: GOEIC Board Chairman or whoever is duly authorized by him may, at the
request of the importer, his agent or power of attorney, permit re- sorting
imported consignments that were finally rejected inside and outside the customs
area. These consignments, having been sorted, shall be subject to re-inspection as new
consignments.
Chapter 3
Inspection of Exported Goods
Article 104: The exporter shall apply for inspection by GOEIC field office concerned on
a form prepared for this purpose. Fees shall be paid pursuant to a decree issued by
the Minister competent for foreign trade.
The exporter may request completion of inspection procedures based on the
customs declaration.
Article 105: Visual inspection of exported goods shall be exclusively sufficient under
the following conditions:
The exporter shall have a system of quality control endorsed by the competent body, in
which case the exporter’s written declaration shall be sufficient. The exporter in
turn shall accept GOEIC’s inspection of this system.
4 This has been added by the Ministerial Decree No.32/2006.on amending some provisions of the executive
regulation implementing import and export law as well as inspection and control procedures for exported and
imported goods.
5 This has been amended by the Ministerial Decree No.32/2006.on amending some provisions of the executive
regulation implementing import and export law as well as inspection and control procedures for exported and
imported goods.
35
GOEIC shall ensure that the same exporter has been exporting the goods for not less
than one year with a minimum of ten consignments and that none of these
consignments or parts thereof have been previously rejected.
Exporters who conform to regulations as indicated shall be recorded in a GOEICestablished
register set for this purpose. Registration in or strike off from this
register shall be decreed by the Minister competent for foreign trade and published
monthly in the Official Gazette (Al Waqaa Al Masrya).
GOEIC Board Chairman may order random inspection of any of the consignments of
enrolled exporters. If non-conformity to standards as a result of random inspection has
been verified, the exporter shall be served a strike off notice and in case of
recurrence, shall be subject to strike off. The exporter may apply for re-entry upon
his compliance with the regulations articulated in the first paragraph of this article.
Article 106: The exporter shall be obligated to prepare consignments subject of
inspection inside the Customs area. He may apply for inspection of exported
consignments in production and preparation sites or outside the customs area, provided
that he shall pay fees for GOEIC-rendered services in accordance with regulations
decreed by the Minister competent for foreign trade.
The exporter may request inspection of the already prepared part of consignment
subject of export if it has not been fully prepared for inspection.
Article 107: Regarding exported consignments that require inspection, the contents of
each lot or parcel must be identical in terms of kind, variety, grade and package.
Article 108: GOEIC shall abide by certificates issued by competent authorities at the
Ministry of Agriculture and Land Reclamation, the Ministry of Health and Population
and the Ministry of Electricity and Energy that have been drafted upon completion of
quality control procedures at production and preparation sites in conformity with
health regulations and agricultural, veterinary and radiation quarantine. These
certificates which shall be valid for export shall exclusively be subject to visual
inspection in shipping ports.
Article 109: GOEIC competent field offices shall inspect and re-inspect random samples
representing exported consignments. It may not reject the exported consignment for its
non-conformity to standards unless three random samples representing the
exported consignment have been inspected.
Upon the request of the exporter, it shall be possible to complete inspection procedures of
exports and issue an export-permitting certificate based on the Customs declaration.
GOEIC field offices shall issue a certificate to the exported consignment owner
permitting the export of the same quantity as soon as inspection and re-inspection
procedures are completed.
The exporter may request the recording of the certificate on the Customs declaration.
36
Article 110: If inspection results proved non-conformity to established standards and
terms, the GOEIC field office concerned shall notify the exporter, his agent or
whoever is authorized by him of the reasons for rejection in 24 hours as of the date of
inspection.
Article 111: The exporter shall abide by shipping the consignment within the period
specified in the export permit certificate.
Article 112: Permission to export a consignment already inspected shall continue to be
conforming to conditions and standards until its time of shipment. The GOEIC field
office concerned shall have to ascertain this. If the consignment was no longer nonconforming
to standards and was outside the customs area, the field office shall withdraw
the export permit certificate and unfold its seals. If the consignment was inside the
customs area, it shall be banned from exportation.
Article 113: If the exporter has reversed his decision to export or the time limit in the
export permit certificate has expired, GOEIC’s competent field office shall unfold the
seal of the consignment.
Article 114: GOEIC or its field offices shall, upon the request of the exporter, his agent
or whom he authorizes, issue a certificate with the results of inspection or a copy of it or
a true copy after the payment of fees.
Article 115: The exporter, within 48 hours of receipt of notice of a failed inspection of
the exported consignment may request that GOEIC re-inspect it, explaining reasons
for his request.
In case the application has been accepted, inspection shall be performed by
technicians who have not previously been engaged in the inspection of the subject
consignment. Re- inspection shall take place in the attendance of the exporter or his
agent or whoever is duly authorized by him.
Article 116: GOEIC Board Chairman or whom he authorizes shall, upon a request from
the importing party, may exempt any of the exported consignments from any inspections
or tests.
The exporter may apply for inspection of exported goods according to standards
requested by the importer and these standards shall be indicated in the
exporter’s application.
36
Article 110: If inspection results proved non-conformity to established standards and
terms, the GOEIC field office concerned shall notify the exporter, his agent or
whoever is authorized by him of the reasons for rejection in 24 hours as of the date of
inspection.
Article 111: The exporter shall abide by shipping the consignment within the period
specified in the export permit certificate.
Article 112: Permission to export a consignment already inspected shall continue to be
conforming to conditions and standards until its time of shipment. The GOEIC field
office concerned shall have to ascertain this. If the consignment was no longer nonconforming
to standards and was outside the customs area, the field office shall withdraw
the export permit certificate and unfold its seals. If the consignment was inside the
customs area, it shall be banned from exportation.
Article 113: If the exporter has reversed his decision to export or the time limit in the
export permit certificate has expired, GOEIC’s competent field office shall unfold the
seal of the consignment.
Article 114: GOEIC or its field offices shall, upon the request of the exporter, his agent
or whom he authorizes, issue a certificate with the results of inspection or a copy of it or
a true copy after the payment of fees.
Article 115: The exporter, within 48 hours of receipt of notice of a failed inspection of
the exported consignment may request that GOEIC re-inspect it, explaining reasons
for his request.
In case the application has been accepted, inspection shall be performed by
technicians who have not previously been engaged in the inspection of the subject
consignment. Re- inspection shall take place in the attendance of the exporter or his
agent or whoever is duly authorized by him.
Article 116: GOEIC Board Chairman or whom he authorizes shall, upon a request from
the importing party, may exempt any of the exported consignments from any inspections
or tests.
The exporter may apply for inspection of exported goods according to standards
requested by the importer and these standards shall be indicated in the
exporter’s application.
37
Chapter 4
Appealing Final Inspection Results
Article 117: The exporter or importer may appeal the final inspection results no later
than one week of the date of being informed of the results.
The person concerned, his agent or whomever he authorizes shall file an appeal to
the Appeal Committee Secretariat formed by a decree of the Minister competent for
foreign trade in accordance with the provisions cited in Article 7 of Prime Ministerial
Decree No.1186 / 2003. The appeal shall be accompanied by a receipt of a L.E. 5
security which shall be released if the appeal was accepted.
The appeal shall be submitted to the committee within one week of its presentation for
examination of documents forwarded by parties concerned. The committee shall decide
whether to accept the results of final inspections amend or annul them, or to reinspect
the consignment or allow treatment. The decision of the committee shall be
deemed final and shall notify parties concerned.
On concluding the re-inspection of the consignment, the Committee shall name the
specialized inspection laboratory and give the complainant the chance to attend
inspection procedures. Results shall then be deemed final and may not be contested.
Chapter 5
Additional Inspection Fees and Issuance of Certificates
Article 118 GOEIC field offices shall charge the following fees:
Pound Piaster
50 Inspection fees for every six hours of work after 2 p.m. and until
8 a.m. of the next official working day. These fees shall be
doubled on Fridays and official holidays from 8 a.m. to 8 a.m. of
the next day at a maximum rate of two pounds, except for
inspections taking place in GOEIC field offices applying the shift
system as determined by GOEIC Board Chairman.
1 Fees for obtaining an inspection result certificate or reinspection
of exports or imports, certificate of origin, a copy or
a true copy of certificate.
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