Legal entities
Answers to current questions on customs clearance for legal entities
How is the import of goods into the customs territory of the EAEU carried out?
When importing goods into the customs territoryThe EAEUit provides for the sequential execution of customs operations related to the arrival of goods into the customs territory of the Eurasian Economic Union and their movement in accordance with the customs transit procedure to the customs authority where they will be carried outcustoms declarationin accordance with the customs procedure chosen by the declarant.
When exporting goods, they are declared in accordance with the customs procedure providing for their export, and at the place of their departure outside the customs territory of the Eurasian Economic Union, the following are committed:customs operations, related to departure.
Foreign goods imported into any of the EAEU member states and placed in it under the customs procedure of release for domestic consumption, which provides for obtaining the status of “goods of the Eurasian Economic Union”, receive the right to freely circulate throughout the customs territory of the Eurasian Economic Union.
How is the arrival and departure of goods, temporary storage of goods and customs transit of goods carried out?
Carrieris obliged to notify the customs authority of the arrival of goods into the customs territory of the Eurasian Economic Union by submitting documents and information provided for in Article 89The EAEU TC, depending on the type of transport by which the goods are transported (transported), or by submitting a document containing information about the registration number of preliminary information submitted in the form of an electronic document, within the time limits established by Article 88 of the EAEU Customs Code.
The legislation of the Eurasian Economic Union on customs affairs establishes the obligation to provide the customs authority with preliminary information on goods imported into the customs territory of the Eurasian Economic Union by road, aviation and rail.
Preliminary information can be submitted independently via “Personal account of a foreign trade participant” or usewith the help of our company.
Preliminary informationit is submitted to the customs authority of the member state of the Eurasian Economic Union, on the territory of which the place of importation of goods is located, no later than 2 hours before the arrival of goods and vehicles at the checkpoint
After performing all operations with goods established by the customs legislation of the Eurasian Economic Union at the place of arrival, such goods can be placed under the chosen customs procedure.
In the case of placing goods under the customs procedure of customs transit, the transit declaration and the documents to it are submitted by the declarant of the procedure to the customs authority in electronic form. It is also allowed to submit a transit declaration in paper form in cases determined by the law of the Eurasian Economic Union and the legislation of the Russian Federation.
Since March 2017, it has been possible to apply a preliminary declaration of the transit procedure before the arrival of goods at checkpoints across the state border of the Russian Federation.
When releasing goods in accordance with the customs procedure of customs transit, the customs authority of departure establishes the period of customs transit, the place of delivery of goods, and in some cases the route of transportation.
After arriving at the designated place of delivery (customs control zone) to complete the customs procedure of customs transit, the carrier submits tocustoms authority of destinationtransit declaration and its documents:
- in respect of goods transported by road - within 3 hours from the moment of their arrival at the place of delivery of goods, and in the case of arrival of goods outside the working hours of the customs authority - within 3 hours from the time of the beginning of the work of this customs authority;
- in respect of goods transported using water, air or rail transport - during the time established by the technological process (schedule) of the port, airport or railway station during international transportation, or other period established by the legislation of the Russian Federation on customs regulation.
After the registration of the mentioned documents by the customs authority:
- the customs body of destination completes the transit procedure as soon as possible, but no later than 4 hours of the customs body's working time from the moment of registration of the submission of the transit declaration and its documents.
- declarant(the carrier of goods) performs customs operations related to the placement of goods for temporary storage or their customs declaration:
- in respect of goods transported by road - no later than 8 hours of the customs body's working time after registration of the submission of documents by the customs body of destination;
- in respect of goods transported using water, aircraft or rail transport - during the time established by the technological process (schedule) of the port, airport or railway station during international transportation, or other period established by the legislation of the Russian Federation on customs regulation.
If the declarant fails to perform the above-mentioned operations, the carrier is obliged to perform customs operations for placing the delivered goods in temporary storage no later than 1 business day following the day of registration by the customs authority of the destination of the submission of documents.
Goods in respect of which the above operations are not performed within the prescribed time are detained by customs authorities.
The specifics of the application of the customs procedure of customs transit are regulated by the provisions of the Federal Law of the Russian Federation No. 311-FZ of 29.07.2017 “On Customs regulation in the Russian Federation”, which are in force in the part that does not contradict the Customs Code of the Eurasian Economic Union.
Upon arrival of goods, the carrier or another person specified in Article 83 of the EAEU Customs Code performs customs operations related to the placement of goods for temporary storage within the time limits established by Article 88 of the EAEU Customs Code.
Goods are not placed in temporary storage:
- specified in paragraph 6 of Article 88 of the EAEU Customs Code;
- placed under one of the customs procedures provided for in subparagraphs 2-5 of paragraph 5 of Article 88 of the EAEU Customs Code;
- in respect of which a preliminary customs declaration has been carried out.
- Goods are not placed in temporary storage:
- in respect of which the preliminary customs declaration has been carried out;
- the EAEU goods that have arrived at the customs territory of the Eurasian Economic Union (hereinafter referred to as the EAEU) and the foreign goods specified in paragraph 4 of Article 302 of the EAEU Customs Code placed under the customs procedure of customs transit for transportation (transportation) through the territory of a non-EAEU member state;
- international mailings;
- exported from the customs territory of the EAEU, in respect of which the customs procedure of customs transit has been completed at the place of departure;
- delivered to the customs control zone established in structures, premises (parts of premises) and (or) on open areas (parts of open areas) of an authorized economic operator with certificates of the second or third type, upon completion of the customs procedure of customs transit. If, within three hours after the completion of the customs procedure of customs transit, the carrier (or otherinterested person) has not performed customs operations for the customs declaration of goods, then the goods must be placed in temporary storage.
The period of temporary storage of goods is 4 months. The extension of this period is not provided for by the EAEU TC.
What are the types of customs declarations and forms of declaration?
The EAEU TC provides for 2 forms of declaration - electronic and written.
Types of customs declaration:
- declaration of goods;
- transit declaration;
- passengercustoms declaration;
- vehicle declaration
The forms and procedure for filling out the declaration for goods are determined by the Decision of the Customs Union Commission No. 257 dated 20.05.2010. It is possible, subject to certain conditions, to use transport (transportation), commercial and (or) other documents as a declaration for goods with the provision of a simplified form in the form of a written application or a list of goods (Decision of the Customs Union Commission No. 263 of 20.05.2010).
A simplified application form may be submitted for express cargo,and in respect of other goods worth no more than 1,000 euros in equivalent - a statement in any written form. The submission of a List of goods is allowed, for example, in respect of goods intended for sports competitions and training, concerts, contests, festivals, religious, cultural and other similar events, demonstrations at exhibitions, fairs, as well as for conducting and covering official and other events in the media and declared under the customs procedures of temporary import (admission) or temporary export for a period of up to one year, if a full conditional exemption from customs duties and taxes is granted in respect of such goods.
How is the filing and registration of the goods declaration carried out?
Before submitting a declaration for goods, the declarant forms a package of documents required for customs control. All documents required for customs control are formalized in the formats established by the Federal Customs Service of Russia and are subject to placement in EDD.
When placing a document in the EDD, the declarant is sent the identification number of the document, which is then indicated in the goods declaration.
A document placed once in the EDD is not subject to re-placement in the EDD and is available for use at any customs authority, regardless of its location.
Submission in electronic form of a declaration for goods and the documents on the basis of which it is filled out can be made:
- with the use of specialized software certified in accordance with the established procedure;
- through the portal of electronic declaration of the Federal Customs Service of Russia (edata.customs.ru/ed);
- using the services of customs representatives.
The submitted goods declaration passes automatic format control. In the process of its implementation, errors in format and structure may be identified in the declaration for goods. In this case, it is returned to the person who submitted it to correct these errors.
If a customs declaration is submitted in writing, an electronic copy of it is submitted to the customs authority, unless otherwise established by the EAEU Customs Code, by a decision of the Customs Union Commission (Board of the Eurasian Economic Union) or by the legislation of the member States of the Eurasian Economic Union in cases provided for by a decision of the Customs Union Commission (Board of the Eurasian Economic Union).
In particular, an electronic copy is not required when submitting passenger customs declarations, vehicle declarations, when submitting a written application or a list of goods.
The customs declaration for goods imported into the customs territory of the EAEU is submitted before the expiration of the temporary storage period of goods.
A customs declaration for goods exported from the customs territory of the Eurasian Economic Union is filed before their departure from the customs territory of the EAEU, unless otherwise established by the EAEU Customs Code.
Customs operations related to registration or refusal to register a customs declaration are performed by the customs authority no later than 1 hour of the customs authority's working time from the moment of filing the customs declaration, unless a shorter period is established by the legislation of the member States on customs regulation.
With the electronic declaration form, the registration of the declaration for goods can be carried out both by an official of the customs authority and by the information system of the customs authority in an automatic (i.e. without the participation of an official) mode.
With a written declaration form, all operations are performed by an official.
The date and time of filing the goods declaration, its electronic copy and the necessary documents are recorded by the customs authority in the journal. In the electronic form of declaration, the date and time of filing the declaration for goods are recorded in information resources automatically (logging of all actions and operations).
The declaration for goods is submitted by the declarant or customs representative to the customs authority authorized to register customs declarations.
If there are grounds for refusal to register a declaration for goods, an official draws up a refusal sheet in two copies in the form with a mandatory indication of the reasons for refusal to register the declaration.
The customs authority refuses to register a declaration for goods if:
- the customs declaration has been submitted to the customs authority that is not authorized to register customs declarations;
- the customs declaration was filed by an unauthorized person;
- the form of customs declaration is not observed;
- the customs declaration does not specify the necessary information;
- the customs declaration has not been signed or certified properly or has not been drawn up in the prescribed form;
- no actions have been performed with respect to the declared goods, which, in accordance with the EAEU Customs Code, must be performed before or simultaneously with the filing of the customs declaration;
- actions that must be performed before or simultaneously with the filing of the customs declaration have not been performed;
- the specifics of the customs declaration of goods are not observed.
It should be noted that the control of the conditions of registration of the declaration for goods is carried out by the customs authority, regardless of the method of its registration - by an official of the customs authority or an information system.
For the purposes of the successful application of automatic registration technology, special attention should be paid to the correctness of filling in the declaration for goods established by the Decision of the Customs Union Commission No. 257 of 20.05.2010, as well as the compliance of the information stated in column 54 of the declaration for goods and indicated in the certificate of the electronic signature key, which signed the submitted declaration forproduct.
When importing goods, an important condition is also the sequence of actions related to the execution of transactions that must be performed before submitting the declaration. So, if in relation to the imported goods, the following information was previously stated:customs procedurecustoms transit, then before filing a declaration for goods, it is necessary for the car to arrive at the destination and submit documents to the customs authority.
If the goods are located at a checkpoint (for example, an airport or seaport), then all operations related to the arrival of goods and vehicles of international transportation must be completed.
Who can be a declarant of goods?
It is possible to carry out the customs declaration of goods both by the declarant himself and by the customs representative on his behalf.
Declarants can be:
1. A person of a member state of the Eurasian Economic Union:
- being a party to a transaction with a foreign person on the basis of which goods are moved across the customs border of the EAEU;
- on behalf of and (or) on behalf of which the transaction was concluded;
- having the right to own, use and (or) dispose of goods - if the goods are moved across the customs border of the EAEU not within the framework of a transaction, one of the parties to which isforeign person;
- being a party to a transaction concluded with a foreign person or with a person of a member state in respect of foreign goods located in the customs territory of the EAEU;
- being a freight forwarder - when applying for the customs procedure of customs transit;
2. Foreign person:
- being an organization with a representative office or branch established and (or) registered in the territory of a member state in accordance with the established procedure - when applying customs procedures only in respect of goods transported for the own needs of such a representative office or branch;
- the owner of the goods, if the goods are moved across the customs border of the EAEU not within the framework of a transaction between a foreign person and a person of a member state;
- having the right to own and use goods, if goods are moved across the customs border of the EAEU not within the framework of a transaction between a foreign person and a person of a member state, - upon application of the customs procedure of a customs warehouse, customs procedure of temporary import (admission), customs procedure of re-export, special customs procedure;
- diplomatic missions, consular offices, representations of states to international organizations, international organizations or their representations, other organizations or their representations located in the customs territory of the EAEU;
- the carrier, including the customs carrier, - upon application of the customs procedure of customs transit;
- a foreign person who, in accordance with an international agreement of a member state with a third party, has received a document provided for by such an international agreement granting such a person the right to export goods located in the customs territory of the EAEU from the customs territory of the Union - upon application of the customs procedure of the customs warehouse, the customs procedure of re-export, the customs procedure of export.
How can I make changes to the goods declaration?
It is possible to make changes to the declaration of goods before and after the release of goods.
Erroneous indication in the declaration of goods of the details of contracts, transport (transportation) documents, passport number of the transaction, the name or code of the country of departure, destination and other information allows, subject to certain conditions, to make changes to the declaration of goods.
Prior to release, the information stated in the customs declaration may be changed or supplemented with the permission of the customs authority upon a reasoned written request of the declarant, while the following conditions are met:
- if the amendments and additions do not affect the decision on the release of goods and do not entail the need to change the information affecting the determination of the amount of customs payments, except in cases of adjustment of the customs value of goods, and compliance with prohibitions and restrictions;
- if by the time of receipt of the declarant's request, the customs authority has not notified him of the place and time of customs inspection and (or) has not made a decision to conduct other forms of customs control in respect of goods.
It is specifically stipulated that the modification and addition of the information stated in the registered customs declaration may not entail the statement of information about goods other than those that differ in their composition, technical description, quality, purpose from the goods that were specified in the registered customs declaration.
The procedure for making changes and (or) additions to the information specified in the goods declaration is established by the Decision of the Board of the Customs Union No. 289 dated 10.12.2013 “On Making changes and (or) additions to the information specified in the Goods Declaration and Invalidating Certain Decisions of the Customs Union Commission and the Board of the Eurasian Economic Commission”.
During what time and how is the release of goods carried out?
Release of goodsit must be completed by the customs authority no later than one working day following the day of registration of the customs declaration.
In respect of goods to which export customs duties are not applied, placed under the customs procedure of export, and goods placed under the customs procedure of temporary export, the list of which is determined by the Commission of the Customs Union (Board of the Eurasian Economic Union), the release period has been reduced to four hours from the moment of registration of the goods declaration.
The grounds for the release are:
- the customs authority is provided with licenses, certificates, permits and (or) other documents necessary for the release of goods in accordance with the EAEU Customs Code and (or) other international treaties of the member states of the Customs Union, except in cases when, in accordance with the legislation of the member states of the Customs Union, these documents can be submitted after the release of goods;
- persons have met the necessary requirements and conditions for placing goods under the chosen customs procedure in accordance with the EAEU Customs Code,
- customs duties have been paid in respect of the goods,taxesor provided security for their payment in accordance with the Customs Code of the EAEU.
The release of goods is carried out by an official of the customs authority by affixing marks in the declaration of goods (stamp “Release is allowed”).
With the electronic declaration form, the release of goods submitted by participants in low-risk foreign economic activity can be carried out automatically, i.e. without the participation of a customs official. At the same time, the automatic release of goods is possible only in relation to automatically registered declarations for goods.
In case of non-compliance with the conditions for the release of goods, the customs authority refuses to release the goods no later than the expiration date of the release of goods. The refusal to release is issued only by an official of the customs authority.
The Customs authority issues a refusal to issue in the manner determined by the Decision of the Customs Union Commission No. 262 of 20.05.2010.
How do the customs authorities ensure compliance with the currency legislation of the Russian Federation during the customs declaration of goods?
Customs authoritiesexercise, within their competence, control over currency transactions related to the movement of goods across the customs border of the Eurasian Economic Union, as well as the import of goods into the Russian Federation and their export from the Russian Federation, as well as the compliance of currency transactions related to the movement of goods across the customs border of the EAEU, with the import of goods into the Russian Federation and export of goods from the Russian Federation, the terms of licenses and permits (Clause 3, clause 2, Article 254 of Federal Law No. 289-FZ of August 3, 2018 "On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation").
How and in what cases is the registration of the contract and the opening of the PS carried out?
Registration of a contract with an authorized bank is carried out if the contract amount exceeds 3,000,000 rubles, in accordance with the procedure established by Chapter 5 of the Instruction of the Bank of Russia dated August 16, 2017 No. 181-I "On the Procedure for Residents and Non-Residents to Submit to Authorized Banks supporting documents and Information when Performing Currency transactions, on Uniform Forms of Accounting and reporting on currency transactions, the procedure and timing of their submission" (hereinafter - Instruction No. 181-I) (no later than the date of filing a declaration for goods, a document used as a declaration for goods in accordance with the customs legislation of the Customs Union, an application for conditional release (an application for the release of a component of exported goods), or when absence of a requirement for the customs declaration of goods in accordance with the customs legislation of the Customs Union - no later than the deadline set by subparagraph 8.2.2 of paragraph 8.2 of Instruction No. 181-And for the submission by a resident of a certificate of supporting documents).
For registration of the contract, the resident submits to the authorized bank, taking into account the terms of registration of the contract (clause 5.7 of Instruction No. 181-I), the following documents and information at the same time:
- Contract specified in Chapter 4 of this Instruction, the fulfillment of obligations under which requires the registration of a contract or information from such a contract containing the necessary information;
- Other information necessary for the formation by the authorized bank of section I of the bank control statement.
What is provided by the participant of foreign economic activity for placing goods under the customs procedure?
In order to place goods under the customs procedure, it is submitted:
- Declaration of goods (DT) in the form approved by the Decision of the Customs Union Commission No. 257 dated 20.05.2010.
- Information is stated about the document confirming compliance with the requirements in the field of currency control in accordance with the currency legislation of the member states of the Customs Union in column 44 “Additional information/Submitted documents” DT.
What measures are necessary to ensure legislation in the field of export control during the customs declaration of exported (imported) goods (dual-use products)?
1. Attribution of the declared goods to the goods in respect of which the establishedprohibitions and restrictionsin the field of export control.
In accordance with Article 24 of Federal Law No. 183-FZ of July 18, 1999 “On Export Control”identificationcontrolled goods and technologies, as well as performing the necessary actions related to obtaining licenses for foreign economic transactions with controlled goods and technologies or permits for their export from the Russian Federation without licenses, is the responsibility of a Russian participant in foreign economic activity.
Information on the lists (lists) of goods and technologies subject to export control (dual-use products) can be found:
- on the official website of the Federal Service for Technical and Export Control(section "Export control/ Documents/ Lists of controlled goods" (dual-use products) or
- on the official website of the Federal Customs Service in the section "Website for participantsForeign economic activity" in the subsections:
- "Prohibitions and restrictions/ Export control andmilitary-technical cooperation/ Identification of goods for export control purposes, including military products";
- "Export support/ Goods subject to export control, includingmilitary products/ Lists of controlled goods"
In addition, in the section "Website for foreign trade participants/ Prohibitions and restrictions/ Export control and military-technical cooperation/ Identification of goods for export control purposes, including military products/ Information of the Federal Customs Service of Russia" posted Directory "CodesHSThe EAEU of goods contained in the lists of dual-use goods and technologies for which export control is carried out."
This directory contains the current codes of goods in accordance with the unified Commodity nomenclature of foreign economic activity of the Eurasian Economic Union, indicating the positions of the lists of controlled goods corresponding to these codes.
Also on the website of the Federal Customs Service of Russia in the section "Permits" of the Personal Account for participants of foreign economic activitythere is a library of control practices for dual-use goods or atour website. The information contained in the library is not legally significant, is of a reference nature and allows the participant of foreign economic activity at the stage before customs operations to make a decision on the need for identification of goods.
In accordance with the Decree of the Government of the Russian Federation No. 565 dated June 21, 2016 "On the procedure for identifying controlled goods and technologies, the form of an identification report and the rules for Filling it out", an opinion on the results of identification of goods for export control purposes can be issued by a participant in non-foreign economic activity independently or upon his requestFSTECRussia or an authorized expert organization.
Information about the identification report, in which the column "General conclusions on the results of identification" contains the entry "To carry out the foreign economic operation specified in this conclusion, Licenses are provided by the Center for Licensing, Certification and Protection of State Secrets of the FSB of Russia (TSLSZ of the FSB of Russia)
An electronic copy of the identification certificate issued by the participant of foreign economic activity independently is placed in the electronic archive of the declarant. Information about identification certificates issued by the FSTEC of Russia or authorized expert organizations is received ininformation resources of customs authoritiesfrom the FSTEC of Russia. In case of non-attribution of the goods according to the results of the identification to the objects of export control of the event, it is necessary to bring the measures described below.
2. If, based on the results of the identification, it is concluded that the goods in question are controlled goods (dual-use products), it is necessary to obtain a license from the FSTEC of Russia in accordance with the procedure established by Decree of the Government of the Russian Federation No. 691 of September 15, 2008 "On Approval of the Regulations on Licensing of Foreign Economic Transactions with Goods, Information, Works, services, results of intellectual activity (rights to them), in respect of which export control is established."
In the cases listed in the Decree of the Government of the Russian Federation No. 517 of August 15, 2005 "On the Procedure for Obtaining Permission from the Export Control Commission of the Russian Federation to Carry out Foreign Economic Transactions with Goods, Information, Works, Services, Intellectual Property Results (Rights to Them) that Can be Used by a Foreign State or a Foreign Person in Order to Create weapons of mass destruction and their means of delivery, other types of weapons and military equipment or are acquired in the interests of organizations or individuals involved in terrorist activities," it is necessary to apply to the Federal Customs Service of Russia for permission from the Export Control Commission of the Russian Federation.
Import and (or) export of controlled goods is carried out on the basis of licenses and permits (permits) in accordance with the provisions approved by the following resolutions of the Government of the Russian Federation:
- No. 447 of June 7, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Respect of Dual-use Goods and Technologies that can be Used in the Creation of Weapons and Military Equipment”;
- No. 462 of June 14, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Respect of Dual-use Equipment and Materials, as well as Relevant Technologies Used for Nuclear Purposes”;
- No. 686 of September 24, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Relation to Chemicals, Equipment and Technologies that can be Used in the Creation of Chemical Weapons”;
- No. 634 of August 29, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Relation to Microorganisms, Toxins, Equipment and Technologies”;
- No. 973 of December 15, 2000 “On the export and import of nuclear materials, equipment, Special non-nuclear materials and related technologies”;
- No. 296 of April 16, 2001 “On Approval of the Regulations on the Control of Foreign Economic Activity in Respect of Equipment, Materials and Technologies that can be used in the Creation of Missile weapons”.
3. Setting up a license for control at the customs authority specified in column 23 of the license of the FSTEC of Russia, in accordance with the Regulation on the Unified procedure for control by Customs authorities of import into the Customs territory of the Customs Union within the framework of the EurAsEC and export of licensed goods from this territory, approved by the Decision of the Customs Union Commission of June 22, 2011 No. 687;
- Order of the Federal Customs Service of Russia dated December 29, 2011 No. 2652 “On Approval of the Instructions on the Actions of Officials of the Customs Authorities of the Russian Federation aimed at Implementing the Regulations on the Unified Procedure for Customs Control of Import into the Customs Territory of the Customs Union within the Framework of the EurAsEC and Export of Licensed Goods from this Territory”.
To establish a license for control , the following documents are submitted:
- The original license of the FSTEC of Russia.
- The license holder's application, drawn up in any form, containing the information and documents provided for in paragraph 5 of the Regulation on the Unified Procedure for Customs Authorities to control the import into the Customs Territory of the Customs Union within the framework of the EurAsEC and export of licensed goods from this territory, approved by the Decision of the Customs Union Commission dated 22.06.2011 No. 687.
4. Submission of a declaration for goods by a participant of foreign economic activity.
To place goods under the customs procedure, the following documents are submitted:
- Declaration of goods (DT) in the form approved by the Decision of the Commission of the Customs Union of May 20, 2010 No. 257.
- Information confirming compliance with prohibitions and restrictions is declared.
- In case of confirmation of compliance with prohibitions and restrictions within the framework of "comprehensive control" provided for in Article 20 of Federal Law No. 183-FZ of July 18, 1999 "On Export Control", an electronic copy of the Permit of the Export Control Commission of the Russian Federation is placed in the electronic archive of the declarant
What procedures are needed to confirm compliance with the requirements of the legislation of the Russian Federation in the field of military-technical cooperation in preparation for customs declaration and its implementation?
1. Attribution of products (goods) to goods in respect of which prohibitions and restrictions are established
In accordance with Article 24 of Federal Law No. 183-FZ of 18.07.1999 “On Export Control”, identification of controlled goods and technologies, as well as performing the necessary actions related to obtaining licenses for foreign economic transactions with controlled goods and technologies or permits for their export from the Russian Federation without licenses, is the responsibility of a Russian participant in foreign economic activity.
Information on the lists (lists) of goods and technologies subject to export control, including military products, can be found on the website of the Federal Customs Service of Russia in the section “Website for foreign trade participants” under the headings: “Prohibitions and restrictions/ Export control and military-technical cooperation/ Identification of goods for export control purposes, including military products”;
“Export support/ Goods subject to export control, including military products/ Lists of controlled goods” or onofficial website of the Federal Service for Military-Technical Cooperation(section “Conclusions on the assignment to PVN" (military products)
In accordance with Federal Law No. 114-FZ of 07/19/1998 “On military-technical cooperation of the Russian Federation with foreign states” the import and (or) export of goods is carried out on the basis of licenses issued in accordance with the Regulations on the licensing procedure in the Russian Federation for the import and export of military products, approved by Decree of the President of the Russian Federation dated 10.09.2005 No. 1062 “Issues of military-technical cooperation of the Russian Federation with foreign states".
Classifier of military products, the import and export of which are carried out under licenses issued by the Federal Service for Military-Technical Cooperation (Appendix No. 3 to the specified Provision).
Conclusions on the attribution or non-attribution of products intended for import into the Russian Federation and export from the Russian Federation to military products are issued by the Federal Service for Military-Technical Cooperation in accordance with the procedure established by Order No. 20 of the Federal Customs Service of Russia dated March 13, 2015-the United States of America(registered by the Ministry of Justice of Russia on 21.04.2015, reg. No. 36967).
In case of non-attribution of the results of the identification of goods to military products, information about the conclusion of the Federal Customs Service of Russia is indicated in the goods declaration in column 44 with the document type code 01163. Activities provided for in section "2.Step:", not implemented, go to section "3.Step:".
In case of attribution of goods to military products based on the results of identification, it is necessary to apply to the Federal Customs Service of Russia to obtain a license.
2. Registration of the license of the Federal Customs Service of Russia with the customs authority in accordance with the Regulation on the Unified procedure for Customs authorities to control the import into the Customs territory of the Customs Union within the framework of the EurAsEC and export of licensed goods from this territory, approved by the Decision of the Customs Union Commission dated 22.06.2011 No. 687;
Order of the Federal Customs Service of Russia dated December 29, 2011 No. 2652 “On Approval of the Instructions on the Actions of Officials of the Customs Authorities of the Russian Federation aimed at Implementing the Regulations on the Unified Procedure for Customs Control of Import into the Customs Territory of the Customs Union within the Framework of the EurAsEC and Export of Licensed Goods from this Territory”.
To establish a license for control , the following documents are submitted:
- The original license of the FSVTS of Russia;
- The license holder's application, drawn up in any form, containing the information and documents provided for in paragraph 5 of the Regulation on the Unified Procedure for Customs Authorities to control the import into the Customs Territory of the Customs Union within the framework of the EurAsEC and export of licensed goods from this territory, approved by the Decision of the Customs Union Commission dated 22.06.2011 No. 687.
Submission by a participant of foreign economic activity of DT
To place goods under the customs procedure, the following documents are submitted:
- Declaration of goods (DT) in the form approved by the Decision of the Customs Union Commission dated 20.05.2010 No. 257.
- Information confirming compliance with prohibitions and restrictions is declared.
What are the procedures to ensure the protection of intellectual property rights in preparation for customs declaration and its implementation?
The customs authorities, within their competence, ensure the protection of intellectual property rights in the customs territory of the Customs Union (paragraph 2, Article 351 of the EAEU Customs Code).
The legal documents regulating the protection of intellectual property rights on the territory of the member states of the Eurasian Economic Union (hereinafter referred to as the EAEU) are:
- The EAEU Treaty (Section 23 “Intellectual Property");
- Customs Code of the Eurasian Economic Union (Article 124, Chapter 52 “Measures to Protect Intellectual Property rights taken by Customs authorities");
- Federal Law No. 289-FZ of 03.08.2018 "On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation" (Articles 112 and 113, Chapter 57 "Measures to Protect Intellectual Property Rights taken by Customs authorities");
- national legislation of the EAEU member states.
Customs authorities take measures to protect the rights to intellectual property objects, the customs register of which is maintained by these customs authorities in the EAEU member state, and to intellectual property objects included in the unified Customs Register of Intellectual Property objects of the EAEU member States (hereinafter referred to as the OIC customs registers),
1. Establishing the fact that the goods are free from claims of third parties based on intellectual property
Verification of the provision of protection of intellectual property rights in the territories of the EAEU member States by customs authorities.
Information from the Unified Customs Register of the OIC and the customs registers of the OIC of the EAEU member states.
In order to place goods under the customs procedure, it is submitted:
- Declaration of goods (DT), issued and filled out in accordance with the requirements established by the Decision of the Customs Union Commission dated 20.05.2010 No. 257;
- Documents confirming the transfer of intellectual property rights (copyright, license agreement, certificate of registration of an intellectual property object, contract for the use of a trademark and similar documents);
- Documents confirming the introduction of goods marked with a trademark into civil circulation in the customs territory of the EAEU with the consent of the copyright holder (dealer, distributor agreement, written consent and similar documents).
At the same time, in accordance with national legislation, customs authorities have the right to suspend the release of goods containing intellectual property objects not included in the customs registers of the OIC, in accordance with the procedure established by the legislation of the EAEU member States (ex officio procedure, Article 113 of the Federal Law).
The procedure and rules for labeling alcoholic beverages imported into the Russian Federation are established by Decree of the Government of the Russian Federation No. 866 of December 31, 2005 “On Labeling Alcoholic Beverages with Excise Stamps” and Order of the Federal Customs Service of Russia No. 1849 of October 7, 2010 “On Approval of the Rules for the Purchase of Excise Stamps for Labeling Alcoholic Beverages and Control over their Use”.
What is needed to import orchids to Vladivostok?
Find out the cost of registration and transportation
Orchid - phalaenopsis, a favorite tropical flower by many. Carl Blume, a Dutch botanist who first discovered orchids at the end of the XVIII century, called them phalaenopsis. Phalaenopsis from Greek is similar to a butterfly. Orchids from afar really resemble bright butterflies crouching on thin twigs of the plant. In nature, phalaenopsis orchids grow in the Philippines, Australia and Southeast Asia.
Sometimes orchids are called parasites, but in fact it is not. In nature, orchids live on tree trunks, but they use trees only as a support, and do not parasitize them. The roots of phalaenopsis are green because they take part in photosynthesis.
There are hundreds of phalaenopsis varieties, here are some of them: Phalaenopsis Pink, Stuart, Schiller, Philadelphia, Phalaenopsis pleasant, Cleopatra, Golden, Legato and many others.
In Russia, there are strict rules governing the import of plants from abroad. The Border Plant Quarantine Inspection has the task of preventing dangerous pests and plant diseases that can cause damage to agriculture from entering the territory of Russia. There are a number of resolutions of the Government of the Russian Federation that regulate the activities of the inspection,"On the State Plant Quarantine Service in the Russian Federation" of 1992, "Rules for the protection of the territory of the Russian Federation from quarantine pests, plant diseases and weeds" 1996, as well as there are a number of international agreements (signed, among others, by Russia) - members of the International Plant Protection Convention (IPPC).
Employees of the phytosanitary inspection of the city of Vladivostok control the import of plants very strictly, because the consequences that even single violations of quarantine regulations can lead to are very serious. An international phyto-sanitary certificate (phyto) must be issued for the plant. It is issued by the sanitary quarantine control service of the country where the plant was purchased.It should be borne in mind that the certificate is valid only 15 days from the date of registration.
To confirm the country of origin, you will need a certificate of origin (certificate of origin). The names of plants in the accompanying documents must be written in Latin. Purchased plants should not be in the soil (the import of land into Russia is strictly prohibited), and in a special substrate. (if the plant is not cut)
Upon arrival of a batch of orchids at the customs territory of the Russian Federation, you need to contact the phyto-orderlies and get a mark on the passage of control. To do this, a sampling and sampling procedure is carried out. (Sampling is mandatory for plants!).
After sampling, the samples are sent to VNIIKR to obtain a conclusion. This procedure must be done for each batch of goods. If you plan to import orchids into the customs territory of the Russian Federation, it is better to consult with us on this issue beforehand, since any plant cut or with a root system is considered a perishable commodity and it needs to be processed in the shortest possible time so as not to throw your investments later into the trash.
How to import bananas to Vladivostok?
Bananas are one of the most popular fruits in Russia, Russia is one of the world's five largest importers of bananas. The main supplier of bananas to Russia is Ecuador, which accounts for approximately 95% of all banana shipments. The remaining 5% is divided between the Philippines, Thailand, Vietnam, China, India, etc.
Few people know, but a banana bush yields only once in a lifetime! From a small sprout, a 3-meter plant grows in 9 months, on which only one flower appears and in 3 months one banana bunch, weighing about 20 kg, ripens. After harvesting, the bush is cut down.
Before shipping, bananas are sorted, washed and packed, and they are also carefully monitored so that no ripe banana gets into the batch, since such an "uninvited guest" will spoil the whole batch, a ripe banana releases ethylene gas, which accelerates the ripening of other green bananas.. At a temperature of about 12 degrees, bananas greatly slow down the ripening process, and they can be stored for up to 90 days.
Bananas imported to Vladivostok are subject to mandatory declaration of conformity in accordance with the technical regulations of the Customs Union 021/2011 On food Safety and 022/2011 Food products in terms of their labeling, as well as mandatory passage of phytosanitary control.
The declaration confirms that the imported goods comply with the required state standards, and phytosanitary control is necessary to ensure that dangerous pests and plant diseases are not imported into the territory of the Russian Federation with a batch of bananas. It is necessary to obtain a permit for the import of quarantined products from the phytosanitary service every time a new batch of goods is imported. Bananas, like many other fruits and vegetables, belong to goods with a high phytosanitary risk. According to this, upon arrival of a batch of goods, the inspectors of the phytosanitary service take samples and samples, which are then sent to VNIIKR for examination.
If no "passengers" in the form of insects and diseases are detected in the laboratory,cargoreceives a "release allowed" mark from phytosanitary specialists.It remains only to issue a customs declaration for the cargo to issue a customs declaration for the cargo, after which the bananas can be taken from the temporary storage warehouse.
Bananas are perishable cargo, so you always need to carefully check the documents provided by exporters, make all the necessary certificates in advance, submit applications and accompanying documents to the inspection authorities.
How to declare the GROSS weight in the goods declaration, if several goods are in the same package?
In accordance with the provisions of Article 106 of the Customs Code of the EEA, when placing goods under the procedure of release for domestic consumption, a declaration for goods (DT) is used in which it is necessary to indicate information about the quantity in kilograms (weightgrossand weightnet).
The procedure for filling out the DT is set out in the Instructions on the procedure for filling out the declaration for goods approved by the Commission's Decision Vehicle No. 257 dated 20.05.2010.
The gross weight and net weight of each product declared in the DT are indicated in columns 35 and 38.
Net weight- this is the mass of the declared goods, taking into account only the primary packaging, or the mass of the declared goods without taking into account any packaging.
Gross weight- this is the total mass of the goods, including all types of its packaging, necessary to ensure the immutability of their condition before entering circulation, but excluding containers and other transport equipment.
If the goods do not fully occupy cargo spaces, then additionally the number of cargo spaces partially occupied by the goods is indicated in parentheses, with the entry "-" separated by a dash: "part of the place".
The costs of transporting goods, as well as the costs of loading, unloading or reloading them, are distributed among goods of various names in proportion to their gross weight.
Which goods from which countries are prohibited from being imported into the territory of the Russian Federation?
In accordance with the application of special economic and Presidential Decrees of the Russian Federation No. 560 dated 06.08.2014 "On the Application of Certain Special Economic Measures to Ensure the Security of the Russian Federation", No. 391 dated 29.07.2015 "On Certain Special Economic Measures Applied to Ensure the Security of the Russian Federation", No. 583 dated 28.11.2015 "On Measures on ensuring the national security of the Russian Federation and protecting citizens of the Russian Federation from criminal and other illegal actions and on the application of special economic measures against the Republic of Turkey", dated 22.10.2018 No. 592 "On the application of special economic measures in connection with unfriendly actions of Ukraine against citizens and legal entities of the Russian Federation" and the Decree of the Government of the Russian Federation of 07.08.2014 No. 778 "On Measures to implement the Decree of the President of the Russian Federation dated 06.08.2014 No. 560 "On the Application of Certain special Economic Measures to ensure the security of the Russian Federation"
Agricultural products, raw materials and foodstuffs whose country of origin is the USA, the countries of the European Union, Canada, Australia, the Kingdom of Norway, Ukraine, the Republic of Albania, Montenegro, the Republic of Iceland and the Principality of Liechtenstein are prohibited from being imported into the territory of the Russian Federation.
It is also prohibited to import into the Russian Federation goods whose country of origin or country of departure is Ukraine or transported through the territory of Ukraine.
Below are convenient tables with a list of prohibited goods and products
| The list of agricultural products, raw materials and food prohibited for import into the Russian Federation, the country of origin of which are the USA, the countries of the European Union, Canada, Australia, the Kingdom of Norway, Ukraine, the Republic of Albania, Montenegro, the Republic of Iceland and the Principality of Liechtenstein |
|---|
| Live pigs (except purebred breeding animals) |
| Meat of cattle, fresh or chilled |
| Meat of cattle, frozen |
| Pork, fresh, chilled or frozen |
| Edible offal of cattle, pigs, sheep, goats, horses, donkeys, mules or mules, fresh, chilled or frozen (except for pharmaceutical products*******) |
| Meat and edible offal of poultry specified in heading 0105, fresh, chilled or frozen |
| Pork fat, separated from lean meat, and poultry fat, not melted or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked |
| Meat salted, in brine, dried or smoked |
| Milk and dairy products (with the exception of specialized lactose-free milk and specialized lactose-free dairy products for dietary therapeutic nutrition and dietary preventive nutrition) |
| Vegetables, edible root crops and tubers (with the exception of seed potatoes, onion-sowing, hybrid sugar corn for sowing, peas for sowing) |
| Fruits and nuts |
| Pork fat (including lard) and poultry fat, other than fat of heading 0209 or 1503 |
| Fat of cattle, sheep or goats, other than fat of heading 1503 |
| Lard-stearin, lard-oil, oleostearin, oleo-oil and animal oil, not emulsified or unmixed, or not prepared in any other way |
| Sausages and similar products made of meat, meat offal or blood; prepared food products made on their basis |
| Food or finished products (with the exception of biologically active additives; specialized food products for athletes' nutrition****; vitamin and mineral complexes; flavor additives; protein concentrates (of animal and vegetable origin) and their mixtures; dietary fiber; food additives (including complex) |
| Food or finished products made according to cheese production technologies and containing 1.5 mas.%or more milk fat |
| Salt (including table salt and denatured salt) and pure sodium chloride, dissolved or not dissolved in water, or containing or not containing additives of agents that prevent sticking or provide flowability, and sea water (except biologically active additives) |
| 1 to 20 (19) |
| The name of goods prohibited for import into the Russian Federation, the country of origin or the country of departure of which is Ukraine or transported through the territory of Ukraine |
|---|
| Wheat and meslin |
| Sunflower, safflower or cotton oil and their fractions, unrefined or refined, but without changing the chemical composition |
| Extracts and juices from meat, fish or crustaceans, mollusks or other aquatic invertebrates |
| Ready-made or canned fish; sturgeon caviar and its substitutes made from fish eggs |
| Sugar confectionery (including white chocolate), not containing cocoa |
| Chocolate and other prepared foods containing cocoa |
| Bread, flour confectionery, cakes, cookies and other bakery and flour confectionery products containing or not containing cocoa; wafer plates, empty capsules suitable for pharmaceutical use, wafer wafers for sealing, rice paper and similar products |
| Vegetables, fruits, nuts and other edible parts of plants, cooked or canned with the addition of vinegar or acetic acid |
| Tomatoes, cooked or canned without the addition of vinegar or acetic acid |
| Other vegetables, cooked or canned without the addition of vinegar or acetic acid, frozen, except for products of heading 2006 00 |
| Other vegetables, cooked or canned, without the addition of vinegar or acetic acid, unfrozen, except for products of heading 2006 00 |
| Vegetables, fruits, nuts, fruit peel and other parts of plants, preserved with sugar (soaked in sugar syrup, glazed or candied) |
| Jams, fruit jelly, marmalades, fruit or nut puree, fruit or nut paste obtained by heat treatment, including with the addition of sugar or other sweetening substances |
| Fruit juices (including grape must) and vegetable juices, not fermented and not containing alcohol additives, with or without added sugar or other sweetening substances |
| Malt beer |
| Natural grape wines, including fortified; grape must, except as specified in the heading 2009 |
| Non-denatured ethyl alcohol with an alcohol concentration of less than 80 vol. percent; alcoholic tinctures, liqueurs and other alcoholic beverages |
| Pebbles, gravel, crushed stone |
| Limestone, dolomite and other limestone stones, broken or crushed, crushed stone, other, commonly used as fillers of concrete, ballast for highways or railways or other ballast, boulders, heat-treated or untreated; granules, crumbs and powder of stone of heading 2515 (excluding marble) or 2516, heat treated or untreated |
| Organic surfactants (other than soap); surfactants, detergents (including auxiliary detergents) and cleaning products containing or not containing soap (other than products of heading 3401) |
| Hot water bottles and combined hot water bottles |
| Chipboard, oriented chipboard (OSB) and similar plates (for example, wafer plates) made of wood or other lignified materials, not impregnated or impregnated with resins or other organic binders |
| Uncoated other paper and cardboard, in rolls or sheets, without further processing or processed, as indicated in note 3 to this group |
| Wallpaper and similar wall coverings; transparent paper for windows |
| Wall coverings made of textile materials |
| Steam boilers or other steam-producing boilers (except central heating water boilers capable of also producing low-pressure steam); superheated water boilers (except steam boilers and superheated water boilers for ship equipment and parts thereof) |
| Steam turbines and other steam turbines (excluding turbine parts) |
| Gas turbines with a capacity of no more than 5000kW(excluding turbines for civil aircraft) |
| Gas turbines with a capacity of more than 5000 kW (excluding turbines for civil aircraft) |
| Parts of liquid pumps |
| Furniture (cameras, cabinets, showcases, counters and similar furniture) for storage and demonstration, with built-in refrigeration or freezing equipment |
| Loading devices specially designed for use in agriculture: other |
| Seeders, planters and seedling machines |
| Parts |
| Milking machines and apparatuses, equipment for processing and processing of milk |
| Machines and mechanisms for the preparation of animal feed |
| Machines for cleaning, sorting or calibration of seeds, grain or dry legumes; equipment for the milling industry or for processing grain or dry legumes, other than equipment used on agricultural farms |
| Equipment for the production of bakery products |
| Equipment for the sugar industry |
| Machines for mixing minerals with bitumen |
| Other transmission shafts |
| Gearboxes other |
| Speed variators other |
| Electric motors and generators (except electric generator sets) |
| Electric generator sets and rotating electric converters |
| Transformers with a liquid dielectric with a capacity of no more than 650kVA |
| Liquid dielectric transformers with a capacity of more than 650 kVA, but not more than 10000 kVA |
| Liquid dielectric transformers with a capacity of more than 10000 kVA |
| Copper winding wires |
| Other winding wires |
| Coaxial cables and other coaxial electrical conductors |
| Electrical conductors with a voltage of not more than 1000 V other (except for: used in telecommunications, with a voltage of not more than 80 V; for the production of civil aircraft; for the industrial assembly of motor vehicles of headings 8701 - 8705, their components and assemblies; for the production of aircraft engines) |
| Electrical conductors with a voltage of more than 1000 V (except for electrical conductors with a voltage of more than 1000 V for industrial assembly of motor vehicles of headings 8701 - 8705, their components and assemblies) |
| Tractors (except tractors of heading 8709) |
| Trailers and semi-trailers, self-loading or self-unloading for agriculture |
| Women's sanitary pads and tampons, baby diapers and diapers and similar products, made of any material |
| 1 to 20 (57) |
If several risk profiles have been triggered for the product, establishing the need for customs inspection with different values of the degree and scope of inspection
If the risk profiles were identified simultaneously, the scope and degree satisfying the requirements of all risk profiles are indicated in the inspection order.
If the risk profiles were not identified at the same time, then the decision to conduct a second customs inspection, as well as the choice of the degree and volume depends on what volume and degree were specified in the first inspection order.
If the volume and degree of customs inspection carried out for one risk profile overlap the volume and degree for another risk profile, then a second customs inspection is not required.
Is it legitimate for a higher customs authority to use the blocking function in the AIST RT-21 CASTO for the release of goods issued by subordinate customs posts under the DT?
The terms of release of goods, as well as documentary and actual control are determined by the current customs legislation. The possibility of extending these terms, as well as the grounds for suspending the issue, are clearly defined by the Labor Code of Russia and other legal acts.
The current legal acts do not provide for the suspension or "blocking" of the release of goods by a higher customs authority.
The use of blocking the release by a higher customs authority (including through the "Block clearance" function in the "Guidance" mode of the AIST RT-21 CASTO) is illegal.
Under what conditions can the customs authorities request paper copies of documents in the process of customs clearance and customs control of goods declared in electronic form?
Paper copies of documents confirming the information stated in the electronic declaration, as well as documents necessary for placing the declared goods under the declaredcustoms regimeon paper, may be required by the customs authority only if risks are identified according to risk profiles, in which verification of paper media is provided as a minimization measure.
When declaring goods in electronic form, the presentation of documents on paper is required only when applying the following measures to minimize risks:
- 101 - verification of documents and information (not in all cases means the need to require the provision of documents on paper);
- 301 - affixing seals and stamps on documents;
- 603 - examination of documents;
- 627 - conducting preliminary verification of the authenticity of documents and information during documentary control by authorized officials of customs posts (OTOiTK customs).
By default, during customs clearance and customs control of goods declared in electronic form, verification of documents and information is carried out by customs officials using electronic images of documents obtained as a result of scanning, or electronic copies of documents in formalized form (in approved structures and formats given in the corresponding album).
If the risk profile containsMMRwith the code 101, then paper documents are presented only under the mandatory condition that the notes to this risk minimization measure indicate the need to check paper copies of documents.
If, during the electronic declaration using the KPS "EDTiTS", as part of the electronic package of the transaction data set, the declarant submits a document in a formalized form, and for the purpose of working outmeasures to minimize riskswith the code 101, a visual examination of the document itself is necessary, then an official within the framework of the interaction of information systems may request an electronic image of this document obtained as a result of scanning, which will allow for a minimization measure without switching to declaration using paper documents.
Compliance with prohibitions and restrictions in terms of technical regulation
Compliance with prohibitions and restrictions in terms of technical regulation
What procedures do customs authorities provide for confirming compliance with the requirements of technical regulation measures?
Customs authorities ensure compliance with the prohibitions and restrictions on goods imported into the Russian Federation established in accordance with international treaties of the member States of the Eurasian Economic Union (hereinafter referred to as the EAEU and the legislation of the Russian Federation, and also facilitate the implementation of measures to protect human life and health and the interests of consumers of goods imported into the Russian Federation.
Article 29 of Federal Law No. 184-FZ of 27.12.2002 “On technical regulation” the conditions for the import into the territory of the Russian Federation of products subject to mandatory conformity assessment are defined.
Upon detection of products entering circulation without a conformity assessment (confirmation) document, the customs authorities of each EAEU member state take measures to prevent the release of these products into circulation.
The list of documents and information required for the customs declaration of goods and for their release, as well as the deadlines for their submission, are established by the Customs Code of the Eurasian Economic Union (EAEU TC).
The import of products (goods) subject to mandatory conformity assessment (confirmation) is carried out in accordance with the Regulation on the Procedure for importing products (goods) into the Customs territory of the Customs Union, in respect of which mandatory requirements are established within the Customs Union, approved by the Decision of the Board of the Eurasian Economic Commission dated December 25, 2012 No. 294.
The Customs Code of the EAEU includes norms providing for the possibility for a participant in foreign economic activity to submit information on permits when performing customs operations in order to confirm compliance with prohibitions and restrictions.
Article 109 of the Customs Code of the EAEU provides for the right of the declarant to submit, before filing a declaration for goods or after filing a declaration for goods before the release of goods, documents confirming information about the origin of goods, compliance with prohibitions and restrictions, if information about such documents and (or) information from them cannot be obtained by the customs authority in accordance with paragraph 2 of Article 80 The Customs Code of the EAEU, and the procedure for submitting these documents may also be established. This procedure was approved by Order of the Ministry of Finance of the Russian Federation Order of the Ministry of Finance of the Russian Federation No. 40n dated 06.03.2018 "On determining the Procedure for the declarant to submit documents confirming the origin of goods, compliance with prohibitions and restrictions before submitting a declaration for goods or after submitting a declaration for goods before the release of goods."
At the same time, documents and (or) information necessary for customs operations may not be submitted to the customs authority when they are performed, if information about such documents or information from them or other information necessary for customs authorities to perform customs operations can be obtained by customs authorities from information systems directly of customs authorities, as well as from information systems of other federal executive authorities within the framework of information interaction (Article 80 of the EAEU Customs Code “Documents or information necessary for customs operations”).
In order to inform participants of foreign economic activity about the possibility of obtaining by customs authorities information about documents required for customs operations, and (or) information from such documents, and (or) other information required by customs authorities for customs operations, from the information systems of customs authorities, as well as to accelerate customs operations by participants of foreign economic activity and optimization of customs control by the customs authorities has developed the information service “Permits” of the APS “Personal Account” (hereinafter referred to as the Personal Account).
The personal account provides two options for registration:
- easy access with a login and password (a typical role is viewing the services of a Personal Account);
- full access using the enhanced qualified electronic signature of the declarant (the role of the user is the ability to request information about the authorization document in the federal executive authority using the system of interdepartmental interaction and the subsequent placement of such a document in the electronic archive of the declarant).
The information from the Personal Account is used by the declarant exclusively on a voluntary basis and their non-use is not a ground for refusal to register the customs declaration and release of goods.
How is the import of goods subject to mandatory conformity assessment (confirmation) carried out?
The import of goods subject to mandatory conformity assessment (confirmation) is carried out in accordance with the Regulation on the Procedure for importing products (goods) into the customs territory of the EAEU, in respect of which mandatory requirements are established within the Customs Union, approved by the Decision of the Board of the Eurasian Economic Commission No. 29 of 12/25/2012
In order to place goods under the customs procedure, it is submitted:
- Declaration of goods (DT) in the form approved by the Decision of the Customs Union Commission dated 20.05.2010 No. 257;
- Information confirming compliance with prohibitions and restrictions is declared.
The submission of a declaration for goods on paper is accompanied by the submission to the customs authority of documents confirming the authority of the person submitting the declaration for goods, unless otherwise established by the legislation of the Member States on customs regulation.
This article also provides for the right of the declarant to submit, before filing a declaration for goods or after filing a declaration for goods before the release of goods, documents confirming information about the origin of goods, compliance with prohibitions and restrictions, if information about such documents and (or) information from them cannot be obtained by the customs authority in accordance with paragraph 2 of Article 80 of the Customs Code The EAEU, and the procedure for submitting these documents may also be established. In order to implement this article, the Order of the Ministry of Finance of the Russian Federation No. 40 n dated 06.03.2018 was issued "On determining the Procedure for the declarant to submit documents confirming information about the origin of goods, compliance with prohibitions and restrictions before submitting a declaration for goods or after submitting a declaration for goods before the release of goods."
The Federal Customs Service of Russia has developed a Directory of numbers of permits indicated in column 44 “Additional information/submitted documents” of the goods declaration. The use of this directory by declarants of goods will exclude incorrect indication of information about permits in the declaration for goods and will ensure that customs authorities receive information about permits from the FOIV through the system of interdepartmental electronic interaction.
The customs authorities check compliance with the rules of application in the DT of the information necessary for the purposes of ensuring the safety of imported goods (column 14 DT “Declarant”, column 31 DT “Cargo spaces and description of goods”, column 33 DT “Product Code”, column 34 DT “Country of origin Code”, column 44 DT “Additional information/Submitted documents".
What are the procedures for confirming compliance with non-tariff regulation measures in preparation for customs declaration and its implementation?
Customs authorities ensure, within their competence, compliance with prohibitions and restrictions on goods transported across the customs border of the EAEU, including compliance with uniform measures of non-tariff regulation.
By the Decision of the Board of the Eurasian Economic Commission No. 30 dated 21.04.2015 “On Non-tariff Regulation Measures” (hereinafter referred to as the Decision), the following unified non-tariff regulation measures were introduced in the customs territory of the Union:
- prohibition of importation into the customs territory of the EAEU and (or) export from the customs territory of the EAEU of goods according to the list according to Annex No. 1 to the Decision;
- permissive procedure for importation into the customs territory of the EAEU and (or) export from the customs territory of the EAEU of goods according to the list according to Appendix No. 2.
In addition, Member States may unilaterally introduce and apply non-tariff regulation measures in trade with third countries in accordance with the procedure provided for in Annex No. 7 to the Treaty on the Eurasian Economic Union.
Goods for which unified non-tariff regulation measures have been introduced are included in the unified list of goods to which non-tariff regulation measures are applied in trade with third countries, provided for in paragraph 4 of the Protocol on Non-Tariff Regulation Measures against Third Countries (Annex No. 7 to the Treaty on the Eurasian Economic Union of May 29, 2014) and published on the official website of the Union in the information and telecommunication network "Internet".
The Decision of the Board of the Eurasian Economic Commission No. 134 dated 16.08.2012 “On regulatory legal acts in the field of non-tariff regulation” approved a single list of goods to which bans or restrictions on import or export by the member States of the Customs Union within the framework of the EurAsEC in trade with third countries (hereinafter referred to as the Single List), as well as Provisions on the application of restrictions.
The import and (or) export of goods included in the Unified List, as well as in the lists according to Annexes No. 2 to the Decision, is carried out in accordance with the Regulations approved by the Decisions of the Board of the Eurasian Economic Commission No. 134 of 16.08.2012 and No. 30 of 21.04.2015.
When moving goods across the customs border of the EAEU or placing goods under customs procedures, compliance with prohibitions and restrictions is confirmed in the cases and in the manner established by the Eurasian Economic Commission (hereinafter referred to as the Commission) or regulatory legal acts of the EAEU member States by submitting documents and (or) information confirming compliance with prohibitions and restrictions.
What measures should be taken to ensure compliance with non-tariff regulation measures during the customs declaration of imported goods?
Attribution of products (goods) to goods in respect of which non-tariff regulation measures have been introduced. Import and (or) export of goods is carried out on the basis of licenses and conclusions (permits) in accordance with the Provisions approved by the Decisions of the Board of the Eurasian Economic Commission dated 16.08.2012 No. 134 and dated 21.04.2015 No. 30.
Setting up a license for control in accordance with the Regulation on the Unified procedure for Customs authorities to control the import into the customs territory of the Customs Union within the framework of the EurAsEC and export of licensed goods from this territory, approved by the Decision of the Customs Union Commission No. 687 dated 22.06.2011. The original import license orexportgoods issued by an authorized state body
Submission by a participant of foreign economic activity of a DT with the declared information about permits
In order to place goods under the customs procedure, it is submitted:
- Declaration of goods (DT) in the form approved by the Decision of the Customs Union Commission dated 20.05.2010 No. 257.
- Information confirming compliance with prohibitions and restrictions is declared
Information on the possibility for customs authorities to obtain information on documents required for customs operations, and (or) information from such documents, and (or) other information necessary for customs authorities to perform customs operations, from the information systems of customs authorities, as well as from the information systems of state bodies (organizations) of the member States in within the framework of information interaction, it is brought to general attention by posting on the official websites of customs authorities on the Internet and (or) distributing information in another way.
Is it possible to release goods under the obligation to provide certificates of conformity and declarations of conformity for the manufactured goods?
In accordance with the Agreement on the Customs Code of the Eurasian Economic Union, the EAEU Customs Code entered into force on 01.01.2018. In accordance with subparagraph 1 of paragraph 1 of Article 118 of the EAEU Customs Code, the release of goods is carried out by the customs authority, provided that the person has met the conditions for placing goods under the declared customs procedure or conditions established for the use of certain categories of goods that are not subject to placement under customs procedures in accordance with the EAEU how compliance with prohibitions and restrictions in accordance with the Treaty and (or) the legislation of the EAEU member states can be confirmed after the release of goods.
In accordance with paragraph 1 of Article 219 of Federal Law No. 311-FZ of 27.11.2010 "On Customs Regulation in the Russian Federation" in cases where licenses, certificates, permits or other documents confirming compliance with restrictions cannot be submitted to the customs authority upon the declarant's reasoned request in writing or electronically, the customs authorities in writing or electronically, allow the submission of such documents within the time required for their receipt,but no later than 45 days after the release of the goods, unless another deadline is set for their receipt.
The release of goods is carried out when the declarant submits in writing or electronically an obligation to submit documents within the prescribed period.
According to the requirements of subparagraph 2 of paragraph 1 of Article 126 of the EAEU Customs Code, goods placed under the customs procedure of release for domestic consumption, and in respect of which compliance with prohibitions and restrictions in accordance with the Treaty and (or) the legislation of the EAEU Member States can be confirmed after release are considered conditionally released goods, in respect of which Article 126 of the EAEU Customs Code establishes restrictions on use and transfer to third parties.
As a result of all of the above, it can be argued that the possibility of releasing goods under the obligation to provide certificates of conformity and declarations of conformity for the manufactured goods definitely exists.
Is it allowed to use declarations and certificates of conformity issued by other organizations during customs clearance of identical goods?
Yes. Article 108 of the EAEU TC does not mention a permit (power of attorney) to use the DS/CC, that is, the presence of this document when using the declaration and certificate of conformity is not necessary. But it is still better to get such a power of attorney and provide it in case of a customs request.
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Is it possible to confirm technical regulation measures after the release of goods (as part of a conditional release) at the end of 2022?
Previously, such a possibility existed, but since November 2022 it has not.
It follows from the message of the Far Eastern Customs Administration that the current norms of the EAEU law and the legislation of the Russian Federation do not provide for the possibility of confirming technical regulation measures after the release of goods (within the framework of conditional release).
Compliance with prohibitions and restrictions, including technical regulation measures, is confirmed in the cases and in the manner determined by the EAEU or the legislation of the EAEU member States in accordance with the EAEU Treaty, by submitting relevant documents and (or) information. The procedure for the import into the customs territory of the EAEU of products subject to mandatory conformity assessment in the customs territory of the EAEU has been approvedby Decision of the Council of the Eurasian Economic Commission No. 130 dated 12.11.2021 (hereinafter referred to as Procedure No. 130).
In order to ensure the possibility of submitting to the customs authority, in cases defined by the Customs Code of the EAEU, documents confirming compliance with technical regulation measures, they must be in the possession of the declarant of imported products at the time of filing the goods declaration and be valid on the date of registration of such declaration (Paragraphs 8, 9 of Order No. 130). It is also necessary to note the provisions of Federal Law No. 184-FZ of 12/27/2002 "On Technical Regulation", which determine that in order to place products subject to mandatory conformity assessment under customs procedures, documents on compliance are submitted simultaneously with the customs declaration.
In 2022, in order to reduce the administrative burden on business and prevent a shortage of products on the domestic market, the Government of the Russian Federation has taken significant measures to simplify the procedures for confirming the safety and import of goods subject to technical regulation measures (Appendix No. 18 to the Decree of the Government of the Russian Federation No. 353 dated 03/12/2022 "On the specifics of licensing activities in the Russian Federation in 2022").
In addition, participants of foreign economic activity within the framework of the simplified product declaration scheme until 01.09.2023 have the right to accept a declaration of conformity for a batch or a single product on the basis of their own evidence.
- Government Resolution No. 778 dated 07/06/2018
- Which goods are declared as one product
- Government Resolution No. 2240 dated 07.12.2022
- What is required for DS according to TR CU 009/2011
- What is required for CC or DS according to TR CU 004/2011
- What is required for CC or DS according to TR CU 020/2011
- Customs control of the value of goods
