Customs authoritiesensure compliance with the established in accordance with international treaties of the member states of the Eurasian Economic Union (hereinafter referred to as -The EAEUand the legislation of the Russian Federation bans and restrictions on goods imported into the Russian Federation, as well as contribute to 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 (The 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 participantsForeign economic activityand 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.

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:

1. Declaration of goods (DT) in the form approved by the Decision of the Customs Union Commission No. 257 dated 20.05.2010;
2. 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 the declaration in the DT of the information necessary for the purpose of ensuring the safety of imported goods (column 14 of the 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".

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.

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:

1. Declaration of goods (DT) in the form approved by the Decision of the Customs Union Commission dated 20.05.2010 No. 257.
2. 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. 

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,release of goodsit is carried out by the customs authority, provided that the person has complied with the conditions for placing goods under the declared customs procedure or the conditions established for the use of certain categories of goods that are not subject to placement under customs procedures in accordance with the EAEU TC, except in cases where such a condition as compliance with prohibitions and restrictions in accordance with the Contract and (or) 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 manufacturedproductdefinitely exists.

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.

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.