(2023.09.15-ны өдрийн орчуулга)                                                     Unofficial translation

 

LAW OF MONGOLIA

November 28, 2002        Ulaanbaatar city

 

ON QUARANTINE CONTROL AND INSPECTION AT THE ENTRY OF ANIMALS, PLANTS, AND RAW MATERIALS AND PRODUCTS DERIVED FROM THEM ACROSS THE STATE BORDER

 

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law shall be to regulate the relations in connection with the  veterinary and plant quarantine control and inspection at the entry of animals, plants, raw materials and products derived from them across the state border.

Article 2.Legislation on quarantine control and inspection at the entry of animals, plants, raw materials and products derived from them across the state border

2.1.Legislation on quarantine control and inspection at the entry of animals, plants, raw materials and products derived from them across the state border shall consist of the Constitution of Mongolia, the Law on Customs, the Law on Livestock Genetic Resources, the Law on Livestock and Animal Health, the Law on Genetic Resources, this Law, and other legislative acts enacted in conformity with these laws.

/This paragraph was amended by the law as of November 15, 2018/

/This paragraph was modified by the law as of November 12, 2021/

/This paragraph was amended by the law as of December 30, 2021/

2.2.If an international treaty, to which Mongolia is a party, states otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Definitions of terms of the Law

3.1.The following terms used in this Law shall be interpreted in the following meanings:

3.1.1."veterinary certificate" shall mean a certification document issued by the competent authority of the exporting country certifying that exported animals, and their raw materials and products meet certain conditions and requirements stipulated in international treaties and domestic legislation;

3.1.2."plant quarantine certificate" shall mean a certification document issued by the competent authority of the exporting country certifying that exported plants, and their raw materials and products do not have foreign plant quarantine diseases, harmful insects, rodents, or weeds;

3.1.3."import certificate" shall mean a document issuing by a state inspector of the customs /hereinafter referred to as "state inspector"/ instead of confiscating the documents specified in sub-paragraphs 3.1.1 and 3.1.2 of this Law /hereinafter referred to as "export certificate"/ which is permitting the entry of animals, plants, and raw materials and products derived from them into the territory of Mongolia;

/This sub-paragraph was amended by the law as of November 12, 2021/

3.1.4."risk" shall mean  a possibility of an increase in the level of consequences that may have any negative impact on the health of animals, plants, and the population during a certain period of time due to animals, plants, and raw materials and products derived from them to be entered across the state border;

3.1.5."acceptable/permissible risk" shall mean the level of risk that is considered not to have a negative impact on the health of animals, plants, and the population;

3.1.6."risk analysis" shall mean activities aimed at identifying hazards, making risk assessments, reducing risks, and transmitting information;

3.1.7."risk assessment" shall mean the activity of determining and assessing the biological and economic consequences due to the entry and spread of pathogenic species in the territory of the importing country;

3.1.8."reducing risk" shall mean the activity on identifying, selecting, and implementing the measures that can be used to bring the risk to an acceptable level;

3.1.9."danger" shall mean any pathogenic species from animals, plants, and raw materials and products derived from them, which may have a negative impact on the health of the population, animals and plants;

3.1.10."weeds" shall mean other plants that spread and grow in the area where plants are cultivated or propagated.

Article 4.Items belong to quarantine control and inspection

4.1.Within the framework of this Law, the following animals, plants, and raw materials and products derived from them shall be subject to veterinary and plant quarantine control and inspection:

4.1.1.all kinds of domestic and wild mammals, reptile aquatic animals, birds, bees, their geniture, embryos, and breeding eggs;

/This sub-paragraph was amended by the law as of November 15, 2018/

4.1.2.raw materials and products derived from animals including meat, milk, by-products, fat, edible eggs, skin, hide, bone, wool, cashmere, hair, gut, horns, hooves, bird feathers, claws penis, testicle, crest, gall, glands, and others;

4.1.3.natural and cultivated higher and lower plants, trees, their seeds, seedlings and parts;

4.1.4.grains, potatoes, vegetables, grass, fodder, coffee pellets, other raw materials derived from the plants to be used in the light and food industry, dried plants, collections, cuttings, cut trees, their parts, all kinds of fruits, berries, flour, rice, sugar, spices, and any other items derived from the plant;

4.1.5.blood, and blood serum, plasma;

4.1.6.hunting prey;

4.1.7.living modified organisms /GMOs/ obtained at the result of culture of various pathogenic bugs, insects, microorganisms, and biotechnology method;

/This sub-paragraph was amended by the law as of June 28, 2007/

4.1.8.animal carcasses, spoils, excreta, and pathological materials;

4.1.9.soil, peat, and stone;

4.1.10.vehicles/means of transportation, containers, can, packages, sealants/paddings, cushions, mats, fences, cotton "foam", animal equipment, and ropes.

Article 5.Powers of state and local administrative bodies

5.1.The Government shall exercise the following powers regarding quarantine control and inspection at the entry of animals, plants, and raw materials and products derived from them across the state border /hereinafter referred to as "quarantine control and inspection"/:

5.1.1.to develop and implement measures to enforce the state policy and legislation on quarantine control and inspection;

5.1.2.to conclude treaties and agreements on cooperation with foreign countries and international organizations in regards with veterinary and plant quarantine;

5.1.3.to impose or cancel quarantine based on a proposal of the state central administrative body in charge of livestock and animal health matters and an conclusion of the customs organization, when the situation to occur or might occur a risk of the entry and spread of infection of highly contagious animal diseases and foreign quarantine diseases of plants, harmful insects, rodents, and weeds across the state border is created;

/This sub-paragraph was amended by the law as November 15, 2018/

/This sub-paragraph was amended by the law as of November 12, 2021/

5.1.4.to establish the general procedure/regime/ to be followed during the quarantine specified in sub-paragraph 5.1.3 of this Law;

5.1.5.to establish ports of entry of plant seeds, sprouts, seedlings, animals, their geniture, embryos, other breeding products of animals, raw meat, by-products, and cultures of microorganisms, and samples of pathological materials across the state border;

/This sub-paragraph was amended by the law as of November 15, 2018/

5.1.6.to approve procedures and instructions for control and inspection at the entry of animals, plants, and raw materials, and products derived from them across the state border;

5.1.7.to approve procedures for issuing export and import certificates for animal and plant, and their raw materials and products;

5.1.8.to create funds and working conditions necessary for the implementation of animal and plant quarantine control and inspection at border ports.

5.2.Benchmark fees of services on conducting analysis, treatment, cleaning, sterilization, and disinfection of animals, plants, and raw materials and products derived from them /hereinafter referred to as "animals, plants, raw materials and products"/ shall be determined by the Cabinet member in charge of financial matters.

/This paragraph was amended by the law as of November 11, 2022/

5.3.Governors of aimags, soums, the Capital city, and districts shall organize  measures to keep  animals and plants imported into the respective territory in quarantine regime in accordance with legislation, and supervise the implementation thereof.

/This paragraph was amended by the law as of April 22, 2022/

Article 6.A state quarantine control and inspection, and its organization

6.1.The state quarantine control and inspection shall be aimed at carrying out quarantine control and inspection at the entry of animals, plants, raw materials, and products across border ports and inland customs, and  preventing and stopping the entry of illegal and dangerous items across the state border.

/This paragraph was amended by the law as of December 20, 2012/

6.2.Quarantine control and inspection specified in paragraph 6.1 of this Law shall be carried out by the competent state organization in charge of quarantine control matters in the territory of Mongolia.

/This paragraph was modified by the law as of December 20, 2012/

/This paragraph was modified by the law as of November 12, 2021/

6.3. /This paragraph was invalidated by the law as of December 20, 2012/

Article 7.Rights and duties of customs authority

/The title of this Article was amended by the law as of November 12, 2021/

7.1.The customs authority shall exercise the following powers:

/This paragraph was amended by the law as of November 12, 2021/

7.1.1.to comply with legislation and Government decisions on quarantine control and inspection;

7.1.2.to provide daily management and supervision of quarantine control and inspection at the entry of animals, plants, raw materials, and products across state and customs borders;

7.1.3.before importing raw materials and products other than animals, plants, and food into Mongolia, to perform a risk analysis and issue an import notification;

/This sub-paragraph was amended by the law as of December 20, 2012/

7.1.4.to create a database of animals, plants, raw materials, and products that have entered across the border of Mongolia, consolidate them at the national level, make monitoring, analysis and assessment thereto;

7.1.5.to take measures to return animal, plant, raw material, or product to the exporting country or destroy them if a violation revealed by the inspection and examination of documents by the state inspector belongs to the provision specified in paragraph 13.1 of this Law;

7.1.6.to provide state inspectors with professional guidance and qualification;

7.1.7.to negotiate on health and quarantine conditions for animals, plants, raw materials, and products with veterinary hospitals and plant quarantine control organizations in foreign countries, and to cooperate by coordinating the control and inspection work;

7.1.8.to submit proposals to set quarantine at the relevant border port or inland customs office to the Government in cooperation with the state central administrative body in charge of livestock and animal health matters, monitor the implementation of quarantine regime in case of detection of highly infectious diseases of livestock and animals (hereinafter referred to as "highly infectious animal diseases"), foreign prohibited plant diseases, harmful insects, weeds, and rodents (hereinafter referred to as "prohibited plant species");

/This sub-paragraph was amended by the law as of November 15, 2018/

7.1.9.if necessary, to carry out veterinary and plant quarantine inspections and audits at factories and business entities authorized to export.

/This sub-paragraph was amended by the law as of December 20, 2012/

Article 8.Rights and obligations of state inspector

8.1.State inspector shall exercise the following powers:

/This paragraph was amended by the law as of June 10, 2010/

/This paragraph was amended by the law as of November 12, 2021/

8.1.1.to verify whether information recorded in an export certificate corresponds to a name, type, number, and size of animals, plants, raw materials and products, as well as the information with respect to certificates of origin, trade agreements and vehicles of goods and products;

8.1.2.to verify whether container, packaging, and shipping conditions of product or raw materials conform to requirements of the importing country, and addressing and labelling comply with the requirements stated in the law;

/This sub-paragraph was amended by the law as of December 20, 2012/

8.1.3.to carry out primary quarantine examination on plants and raw materials and products derived from them entering across the border;

8.1.4.to register each animal entering across the border, and carry out a health examination;

8.1.5.if signs of infectious diseases, insects, rodents or weeds are detected by primary or health examination, the animals, plants, raw materials and products shall be temporarily detained in designated premises, and take samples for laboratory testing and shall be subjected to quarantine control;

8.1.6.not to let enter animals, plants, raw materials or products across the border if an export certificate and other accompanying documents are in contradiction, and the terms of transportation do not meet the requirements and conditions set out in this Law and the international treaties of Mongolia;

8.1.7.to solve issues connected with animals and plants under quarantine control, and raw materials or products under temporary detention in accordance with Articles 13, 14, 15 and 16 of this Law;

8.1.8.to issue import certificates for healthy animals, plants and undamaged raw materials and products in which irregularities have not been detected with regard to export certificate and accompanying documents, as well as the quarantine conditions, and let enter them through the state border;

8.1.9.to keep records on the animals, plants, raw materials and products that have been inspected, examined, and analyzed, temporarily detained upon entering into the quarantine control, returned to the exporting country, destroyed and entered across the state border in accordance with appropriate procedures, and submit data within a prescribed time to the state central administrative body in charge of food and agricultural matters and a competent authority for carrying out inspections.

/This sub-paragraph was amended by the law as of November 11, 2022/

8.2.State Inspector shall be provided with the working places, the tools of examination and analysis, as well as the specially equipped fence, premises, areas, warehouses, tools, and facilities for disposition designated to conduct examination of animals, plants, raw materials and products, and to detain them temporarily upon entering into the quarantine.

CHAPTER TWO

ENTERING ANIMALS, PLANTS, RAW MATERIALS AND PRODUCTS ACROSS THE STATE BORDER

Article 9.Common requirements for entering animals, plants, raw materials and products across the state border

9.1.Citizens and legal entities shall meet the following common requirements when entering animals, plants, raw materials and products across the state border:

9.1.1.to comply with terms of standards, guidelines and recommendations set out in Mongolia's negotiations on animal and plant quarantine with a foreign country as well as the international treaties and conventions in which Mongolia acceded thereof;

9.1.2.to carry out quarantine examination and inspection on animals, plants, raw materials and products with valid certificates issued by a competent quarantine inspection and certification authorities of the exporting country;

9.1.3.to undergo quarantine examination and inspection on animals, plants, raw materials and products, their enclosures, mats, packaging and vehicles at border port and inland customs inspection sites;

9.1.4.to let enter biodegradable materials, microbial strains, culture samples, plants with soil through the border for research and testing purposes only, and do not open packaging or sealing until they are delivered to the relevant party of the receiving country.

Article 10.Requirements for the import of animals, plants, raw materials and products

10.1.For the import of animals, plants, raw materials and products, the following requirements shall be met in addition to the common requirements stated in Article 9 of this Law,:

10.1.1.animals, plants, raw materials or products must be originated from a peaceful country or region in which no highly infectious disease of animal has occurred and prohibited plant species has not spread;

10.1.2.permissible risks for the respective animals, plants, raw materials or products have been determined.

Article 11.Requirements for the export of animals, plants, raw materials and products

11.1.For the export of animals, plants, raw materials and products, in addition to the common requirements specified in Article 9 of this Law, the following requirements shall be met:

11.1.1.to comply with conditions of quarantine agreed with the importing country, or the international treaties and conventions of Mongolia, and standards, guidelines, and recommendations issued by international organizations related to quarantine;

11.1.2.must have been issued a certificate by an authorized organization proving that export requirements are met;

11.1.3.genetic resources and traditional knowledge related to genetic resources specified in Article 10 of the Law on Genetic Resources must be registered in database.

/This sub-paragraph was added by the law as of December 30, 2021/

Article 12.Requirements for the passage through the animals, plants, raw materials and products

12.1.In addition to the common requirements specified in Article 9 of this Law, when passing the animals, plants, raw materials, and products through the territory of Mongolia shall meet the following requirements:

12.1.1.a request to pass the animals, plants, raw materials, and products through the territory of Mongolia shall be notified in advance to the customs authority within the period specified in paragraph 23.1 of this Law and received appropriate notification;

/This sub-paragraph was amended by the law as November 12, 2021/

12.1.2.animals, plants, raw materials, and products originating from peaceful countries or regions, where outbreaks of highly infectious animal diseases or prohibited plant species have not occurred, have been transported by designated means of transportation;

12.1.3.seals and fillings of containers of animals, plants, raw materials and products derived from them are intact.

12.2.It shall be prohibited to unload animals, plants, raw materials and products from the vehicle without a permission of the customs authority.

/This paragraph was amended by the law as of November 12, 2021/

12.3.Paragraph 12.2 of this Law shall not apply to the activity of unloading animals from vehicles at predetermined points along the route due to force majeure or for the purpose of resting, watering, or feeding them.

12.4.In the event that highly infectious animal diseases or prohibited plant species are detected on the way passing through the territory of Mongolia, the customs authority shall immediately notify competent control authorities of the importing and exporting countries and take the measures specified in Articles 13, 14, 15, and 16 of this Law.

/This paragraph was amended by the law as of November 12, 2021/

Article 13.Prohibiting animals, plants, raw materials and products from entering and passing across the state border

13.1.It shall be prohibited to enter animals, plants, raw materials and products across the state border in the following cases:

13.1.1.if does not meet the requirements specified in paragraphs 10.1 and 11.1 of this Law;

13.1.2.if it does not undergo by the quarantine control and inspection, or it was found during the quarantine control and inspection that information written in a certificate is inconsistent or accompanying documents are fake.

13.2.Animals, plants, raw materials, and products that do not meet the requirements specified in sub-paragraphs 12.1.2 and 12.1.3 of this Law shall be prohibited from passing through the territory of Mongolia, and the customs authority shall notify competent authorities of the border port of the exporting country.

/This paragraph was amended by the law as of November 12, 2021/

13.3.State inspector shall hand over a notice of prohibiting animals, plants, raw materials, and products from entering across the state border based on the grounds specified in paragraphs 13.1 and 13.2 of this Law to a responsible citizen or legal entity.

13.4.Citizens and/or legal entities who have received a notice of prohibiting from entering across the state border shall be responsible for returning animals, plants, raw materials, and products to the exporting country.

Article 14.Temporarily detaining animals, plants, raw materials and products during their entry and pass across the state border

14.1.A state inspector shall temporarily detain animals showing symptoms of disease, or plants detected with insects, or raw materials and products that have been found to be damaged or perished upon the quarantine control and inspection conducted at the entry across the state border for till 21 days, and shall hand over a notice to a responsible citizen or legal entity.

14.2.Citizens and/or legal entities who have received a notice of temporary detention shall unload animals, plants, raw materials, and products from a vehicle under the  supervision of the state inspector at specially prepared fences, buildings, warehouses, and areas at the border port or inland customs control area in accordance with the decision of the state inspector, and undergo a detailed examination.

14.3.State inspector shall conduct a detailed quarantine examination, take samples for analysis, and send them to the relevant laboratory. The laboratory that received the sample shall issue test results within 14 days.

14.4.Based on a result of laboratory tests and a result of observations and examinations during the quarantine period, the border port and inland customs authorities shall decide whether animals, plants, raw materials and products will be allowed to enter across the state border.

/This paragraph was amended by the law as of November 12, 2021/

14.5.If a highly infectious disease of animals has been diagnosed or prohibited plant species have been detected from items included in the laboratory analysis, the animals, plants, raw materials, products, fences, equipment, grass, fodder residues, mats, containers, packages, and sealants used for their transportation shall be destroyed in accordance with paragraph 15.2 of the Law.

14.6.Animals, plants, raw materials, and products that do not meet the requirements specified in sub-paragraph 12.1.1 of this Law shall be temporarily detained for a certain period of time, notified to the quarantine control authority of the exporting country, and shall be decided whether to pass through based on an elimination of violation.

Article 15.Disposition of animals, plants, raw materials and products prohibited from entering across the state border

15.1.Animals, plants, raw materials, and products shall be destroyed if the following conditions occur during the quarantine control and inspection:

15.1.1.if refused to accept the returning of animals, plants, raw materials, and products as specified in paragraphs 13.1 and 13.2 of this Law when notified to the authorities of the border port of the exporting country to Mongolia;

15.1.2.the animal is diagnosed to be infected with a highly infectious disease;

15.1.3.plants, raw materials, and products are found to contain foreign prohibited species;

15.1.4.damage to raw materials and products due to violation of conditions and procedures of storage and transportation has been found to be harmful to human and animal health;

15.1.5.level of chemical, biological and radiation contamination in raw materials and products exceeds the limits allowed by international standards.

15.2.The disposition of animals, plants, raw materials, and products shall be carried out by a working group appointed by a decision of the Governor of soum or district where the border port and inland customs office locates, under supervision of a state inspector in accordance with appropriate procedures.

15.3.When implementing the measures specified in paragraph 15.1 of this Law, a method that does not torture animals, does not have a negative impact on the environment, and can completely destroy the infectious agent shall be used.

Article 16.Conducting treatment, sterilization, and disinfection of animals, plants, raw materials and products

16.1.Under supervision of state inspector, professional organizations and specialists shall carry out treatment, sterilization and disinfection for the following:

16.1.1.an animal diagnosed with an infectious disease other than highly infectious disease and showing a positive reaction;

16.1.2.plants, raw materials, and products in which prohibited internal plant species have been detected;

16.1.3.fences, equipment, grass, fodder residues, mats, containers, packaging, sealants, and other equivalent  items used for transporting animals, plants, raw materials, and products specified in sub-paragraphs 16.1.1 and 16.1.2 of this Law;

16.1.4.vehicles, containers, and other equivalent  items  loaded with animals, plants, raw materials and products specified in sub-paragraphs 15.1.1, 16.1.1, and 16.1.2 of this Law;

16.1.5.buildings, warehouses, and areas where animals, plants, raw materials, and products specified in sub-paragraphs 15.1.2 and 15.1.3 of this Law were stored, as well as the soil, buildings, and facilities of the environment that may be contaminated by the infection.

16.2.Animals, plants, raw materials, products, vehicles, fences and other items specified in paragraph 16.1 of this Law shall be allowed to enter across the border on basis of conducting treatment, sterilization, and disinfection by the relevant professional organization.

chapter three

QUARANTINE CONTROL AND INSPECTION OF PASSENGER'S HAND LUGGAGE AND PARCELS

Article 17.Veterinarian and plant quarantine requirements at the entry of passenger's hand luggage across the state border

17.1.If necessary, a state inspector shall conduct an initial examination for passenger's personal utility animals, plants, and raw materials, and products.

17.2.In the course of the examination specified in paragraph 17.1 of this Law, the state inspector shall take the measures specified in Article 13 of this Law for animals, plants, raw materials, and products that are found to be originated from the country or region where a prohibited plant species has been detected or where a highly infectious animal disease has occurred.

17.3.Paragraph 17.1 of this Law shall not apply to industrially processed products.

Article 18.Quarantine control for shipment of parcels of raw materials and products derived from the animal and plant

18.1.Organization providing a parcel service shall notify the veterinary hospital and the relevant plant quarantine control authority about the arrival of package with raw materials and products derived from animals and plants, and be conducted an examination and inspection.

18.2.Raw materials and products that meet the conditions specified in sub-paragraph 10.1.1 of this Law and are not detected prohibited plant species according to the initial examination, and are not damaged or deteriorated, shall be imported via parcel.

18.3.The packages that do not meet the conditions specified in paragraph 18.2 of this Law shall be returned to the sender or to be taken a measure to destroy them.

Chapter four

ENTRY OF THE VEHICLES LOADED WITH ANIMALS, PLANTS, RAW MATERIALS AND PRODUCTS ACROSS THE state BORDER

Article 19.Requirements for the transportation of animals, plants, raw materials and products to be entered across the state border

19.1.The means of transport of animals, plants, raw materials and products to be entered across the state border shall meet the following requirements:

19.1.1.to be equipped to ensure the safety and favorable conditions of animals, plants, raw materials and products, and to be able to adjust temperature of hot and cold;

19.1.2.to be cleaned, sterilized and disinfected according to technology before transportation;

19.1.3.when opening containers and enclosures, animal litter, feces, plants, raw materials, and products must be loaded so that they do not spill.

19.2.Special requirements for transportation of animals, plants, raw materials, and products, as well as procedures for sterilization and disinfection of vehicles before transportation, shall be determined by the customs authority.

/This paragraph was amended by the law as of November 12, 2021/

Article 20.Conducting quarantine control and inspection of vehicles

20.1.When entry of the vehicles transporting animals, plants, raw materials and products across the state border, the following inspections shall be carried out:

20.1.1.whether meets the requirements specified in paragraph 19.1 of this Law or not;

20.1.2.whether accompanying documents for animals, plants, raw materials, or products correspond to information about a vehicle or not;

20.1.3.whether the means of transport is contaminated with highly infectious and contagious animal disease agents or prohibited plant species or not.

20.2.Animals, plants, raw materials and products shall be unloaded from a vehicle only under supervision of a state inspector during the quarantine control and inspection.

20.3.If prohibited items are found in the vehicle during the examination and inspection, a sample shall be taken and sent for laboratory analysis.

20.4.The carrier's representative shall be present during the examination and inspection.

Article 21.Making sterilization and disinfection of vehicles

21.1.Vehicles infected with prohibited substances shall be cleaned, disinfected and sterilized under the supervision of professional organizations, citizen, and state inspectors in accordance with appropriate procedures.

21.2.State inspector shall determine the area for cleaning, disinfection and sterilization of vehicles.

21.3.The carrier shall provide conditions for cleaning, disinfection and sterilization of the vehicle.

Article 22.Quarantine of vehicles

22.1.Vehicles loaded with animals, plants, raw materials, and products from areas where there are outbreaks of highly infectious animal diseases or prohibited plant species shall be quarantined upon arrival at the border port by a decision of the customs authority.

/This paragraph was amended by the law as of November 12, 2021/

22.2.The quarantined vehicles pursuant to paragraph 22.1 of this Law shall be sterilized and disinfected.

Chapter five

PRE-IMPORT AND EXPORT CONTROL AND CERTIFICATION

Article 23.Import declaration

23.1.Citizens and/or legal entities importing raw materials and products other than animals, plants, and food shall submit their request to the customs authority no less than the following period:

/This paragraph was amended by the law as December 20, 2012/

/This paragraph was amended by the law as of November 12, 2021/

23.1.1.60 days for importing cloven-hoofed animals and horses;

23.1.2.40 days for importing domestic birds such as chickens, geese, ducks, turkeys, and pheasants;

23.1.3.30 days for importing cultivated and natural plant seeds and seedlings;

23.1.4.20 days for importing animals, plants, raw materials, and some products other than those specified in sub-paragraphs 23.1.1-23.1.3 of this Law.

23.2.Applicant citizen or legal entity shall submit the following information to the customs authority with the request:

/This paragraph was amended by the law as of November 12, 2021/

23.2.1.animal, plant, product sale and purchase agreement, gift agreement and equivalent documents thereto;

23.2.2.if an importer is an individual, a copy of the identity card, if it is a legal entity, a copy of the state registration certificate /the competent person receiving the document will compare the copy with the original and make a mark on the accuracy of the copy free of charge/, if submitted by mail, by a notary public certified copy;

/This sub-paragraph was modified by the law as of February 10, 2011/

23.2.3.type of vehicle and road direction for transporting animals, plants and products;

23.2.4.a border port and period of entry;

23.2.5.information on quantity of raw materials and products, processing status (semi-processed, raw, frozen, fresh, etc.), packaging, labeling, quality, and safety.

23.3.The customs authority shall make one of the following decisions within 14 days after receiving the request:

/This paragraph was amended by the law as of November 12, 2021/

23.3.1.to issue an import declaration for the respective raw materials and products other than animals, plants, and food, and deliver them to the state inspector of border ports and inland customs;

/This sub-paragraph was amended by the law as of December 20, 2012/

/This sub-paragraph was amended by the law as of November 12, 2021/

23.3.2.to notify the applicant in writing in case of exceeding the permissible risk level and it cannot be reduced.

Article 24.Pre-import and export quarantine control, inspection and certification

24.1.Unless otherwise specified by law or international treaty, to be imported artiodactyl  shall be subject to quarantine control for the period of 21 days, horses for 15 days, chickens, ducks, geese, turkeys, and pheasants for 21 days, plant seeds for 60 days, and plant seedlings and breeding materials for 30 days on the territory of the exporting country.

24.2.If the animal specified in paragraph 24.1 of this Law is imported for breeding or utility purposes, a daily health examination and body temperature measurement shall be taken and recorded during the period of quarantine control.

24.3.For the export of animals and plants specified in paragraph 24.1 of this Law, they shall be quarantined, examined and analyzed in accordance with the agreement and negotiation concluded with the importing country and the conditions and requirements specified in this Law. The analysis shall be done according to international standards.

Article 25.Import and export certificate

25.1.Import certificate shall be issued by a state inspector based on an export certificate issued by a veterinary hospital and plant quarantine authority of an exporting country, the import declaration issued by the customs authority, and the results of the analysis.

/This paragraph was amended by the law as of November 12, 2021/

25.2.Export certificate shall be issued by a specially authorized professional organization by taking into account of results of quarantine control, health inspection, and analysis, as well as the compliance with the requirements specified in Article 11 of this Law.

25.3.Export and import certificates shall be made according to the model approved by the international organization for animal highly infectious diseases and plant protection and shall be written in the mutually agreed upon language of exporting and importing countries.

25.4.Export certificate shall be issued within 24 hours before the shipment of an animal, plant, raw material or product.

Chapter six

RISK ANALYSIS, ASSESSMENT AND PERMISSIBLE RISKS

Article 26.Conducting a risk analysis and assessment

26.1.In order to protect the health of Mongolia's population, animals, and plants, and to prevent highly infectious diseases of animals and prohibited plant species, an import risk analysis shall be performed.

26.2.Through the risk analysis, the dangers to be occurred to the followings shall be determined due to importing animals, plants, raw materials and products:

26.2.1.to the health of the population, animals, and plants;

26.2.2.to the national economy;

26.2.3.to the environment.

26.3.Risk analysis shall be performed on the following grounds:

26.3.1.if livestock, animals, plants, raw materials and products are imported to Mongolia for the first time from a country or region with no traditional import relations;

26.3.2.if being imported to Mongolia in the conditions that the highly infectious animal diseases or prohibited plant species have been detected in that country, and the risk of chemical and physical contamination may have increased even that country has traditional import relations with Mongolia;

26.3.3.if transported through the territory of several countries.

26.4.The risk analysis shall be performed by a professional team appointed by the customs office, including representatives of the state administrative body in charge of livestock and animal health matters.

/This paragraph was modified by the law as of November 15, 2018/

/This paragraph was amended by the law as of November 12, 2021/

Article 27.Estimating a permissible risk

27.1.Risk reduction activities shall be carried out by customs authority in accordance with international standards, guidelines and recommendations.

/This paragraph was modified by the law as of November 12, 2021/

27.2.A notification shall be issued upon accepting import of the animals, plants, raw materials and products with a permissible risk,.

Chapter seven

RIGHTS AND OBLIGATIONS OF CITIZEN AND/or LEGAL ENTITY

Article 28.Rights of citizen and legal entity

28.1.Citizens and/or legal entities importing, exporting, transiting or transporting the animals, plants, raw materials and products shall exercise the following rights:

28.1.1.to collect information from quarantine organizations and officials in regards with quarantine conditions and requirements in connection with the import, export, and transit of the animals, plants, raw materials, and products;

28.1.2.to be resolved requests for import, export, and transit of the animals, plants, raw materials, and products within the period specified in paragraph 23.3 of this Law;

28.1.3.to get an official explanation on the prohibition or detention of importing, exporting, and transiting of the animals, plants, raw materials, and products;

28.1.4.to file a complaint with relevant authorities and officials in regards with quarantine controls and inspections.

Article 29.Obligations of citizens and legal entities

29.1.Citizens and/or legal entities importing, exporting, transiting or transporting the animals, plants, raw materials and products shall undertake the following obligations:

29.1.1.to submit requests and information on import, export, and transit to the customs authority within the period specified in paragraph 23.1 of this Law;

/This sub-paragraph was amended by the law as of November 12, 2021/

29.1.2.to report to the customs authorities and state inspectors in regards the animals, plants, raw materials and products to be entered across the state border;

/This sub-paragraph was amended by the law as of November 12, 2021/

29.1.3.when the entry of the animals, plants, raw materials, and products across the state border, to be checked  export, import, and origin certificates of goods and products, trade contracts, and accompanying documents of vehicles by the state inspector;

29.1.4.to have conducted inspection and analysis of the animals, plants, raw materials and products;

29.1.5.to fulfill the requirements set by the customs authority and state inspector;

/This sub-paragraph was amended by the law as of November 12, 2021/

29.1.6.to be responsible for expenses required for confirmation by taking a test from the animals, plants, raw materials and products, and their detention, treatment, cleaning, sterilization and disinfection.

Chapter eight

MISCELLANEOUS

Article 30.Financing for quarantine control and inspection activities

30.1.In connection with quarantine measures at the entry of animals, plants, raw materials, and products across the state border, the following expenses shall be financed from the state central budget:

30.1.1.funds required for quarantine, sterilization, disinfection, and disposition measures to be implemented in connection with occurrence of situations where highly infectious animal diseases or prohibited plant species have been detected or may be detected at borders and inland ports.

Article 31.Resolving disputes in connection with the entry of animals, plants, raw materials, and products  across the state border, and conducting quarantine controls and inspections

31.1.Disputes arisen between individuals, legal entities and state inspectors in connection with the entry of animals, plants, raw materials, and products  across the state border, as well as conducting the quarantine control and inspections, shall be resolved by the customs authority. If the decision is not agreeable, individuals, legal entities, and state inspectors may file a complaint to the court.

/This paragraph was amended by the law as of November 12, 2021/

Article 32.Liabilities to be imposed on the violators of the Law

32.1.Officials who fail to fulfill the obligations stipulated in Article 18 of this Law shall be held liable as stipulated in the Law on Civil Services.

32.2.Any person or legal entity who violates this Law shall be charged with the liability specified in the Criminal Code or the Law on Violations.

/This Article was modified by the law as of December 4, 2015/

 

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA TUMUR-OCHIR.S