Is it possible to release goods under the obligation to provide certificates of conformity and declarations of conformity for the manufactured goods?

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In accordance with the Agreement on the Customs Code of the Eurasian Economic Union, it entered into force on 01.01.2018The EAEU TC. In accordance with subparagraph 1 of paragraph 1 of Article 118 of the TCThe EAEU,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 electronicallycustoms authoritiesin 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 paragraph 4 of Article 219 of the Federal Law, the customs authorities refuse to issue a permit for the submission of documents provided for in part 1 of Article 219 after the release of goods, ifdeclarantwithin one year before applying to the customs authority , he was brought to administrative responsibility foradministrative offensesin the field of customs affairs, provided for in Article 16.20 of the Code of Administrative Offences of the Russian Federation.

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.

Published 4 years agofrom 
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