Iran Sets Examples of Force Majeure and Cases Where the Non-entry of Goods is not Intentional.
Nouraei & Mostafavi Law Offices – February 28, 2023- Tehran- Iran- The Council of Ministers, in a decree, has decided how to handle the cases of non-entry of the import goods and the vehicles due to force majeure. You may find an unofficial translation of the ruling here below.:
Date 09/12/1401 (February 28, 2023)
Decree of the Board of Ministers
Ministry of Economic Affairs and Finance – Ministry of Foreign Affairs – Ministry of Interior – Ministry of Roads and Urban Development – Ministry of Health, Treatment and Medical Education- Central Headquarters for Combating the Smuggling of Goods and Foreign Currency.
The Council of Ministers, in its meeting dated 25/10/1401 (January 15, 2023), with due consideration of proposal No. 98670/80 dated 24/05/1401 (August 15, 2023) of the Ministry of Economic Affairs and Finance, and based on the note of clause (a) of Article (2) of the amended Law on Combating the Smuggling of Goods and Foreign Currency of 1400 (January 20, 2022), approved the examples of cases of force majeure and circumstances where non-entry of goods is not intentional and, if proven, not returning the goods declared as temporary exit or cabotage is not considered smuggling, as follows:
Instances of force majeure and cases where the non-entry of goods is not intentional, the subject of the note of paragraph (a) of the amended article (2) of the law on Combating the Smuggling of Goods and Foreign Currency
Article 1- The instances of force majeure and cases in which the non-entry of goods and vehicles is considered unintentional, whether it is caused by natural, political, and social events or by unforeseen circumstances related to goods or persons, including floods, earthquakes, volcano, landslide, sea earthquake (tsunami), lightning, storm, land subsidence, war, chaos, strike, rebellion, epidemic diseases, sanctions effective in the matter, severance of political and economic relations, confiscation of temporarily exported goods by the other country’s authorities, adoption of laws preventing activity, theft of goods, accidents caused by work, explosions, fires, overturning in the sea and border rivers, accidents resulting in the loss of usability of goods, plane crashes, train derailments, deaths, Illness, confiscation or imprisonment of the declarant of the goods and issuing of a sentence of incapacity of the owner of the goods or his legal representative.
Note: The Ministry of Health, Treatment, and Medical Education is the authority for diagnosing epidemic diseases.
Article 2- It is up to the declarant to present the reasons for force majeure and unintentional non-entry of the goods. The declarant, depending on the case, may submit documents issued by the official local authorities of the opposite country and approved by the consular officers of the Islamic Republic of Iran in that country. In cases where the consular officers of the Islamic Republic of Iran are not present, the local officials of the opposite government will have the right to organize the mentioned documents; unless the declarant can provide evidence of non-cooperation of local officials, approved by the Ministry of Foreign Affairs of the Islamic Republic of Iran. In the latter case, the declarant may obtain the confirmation of the highest authority of the relevant entity in Iran regarding the occurrence of force majeure and unintentional non-entry of the goods.
Article 3- Verification of cases of force majeure and unintentional non-return of goods exported under the cabotage procedure via sea or border rivers shall be effected, as the case may be, by presenting the documents approved by the General Police Command of the Islamic Republic of Iran (Border and naval guard) or Ports & Maritime Organization.
First Vice President
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