Personal customs inspection

1. Personalcustoms inspection- a form of customs control consisting in the inspection of individuals.
2. Personal customs inspection may be carried out only in respect of individuals crossing the customs border of the Union and located in the customs control zone or the transit zone of an international airport, if there are sufficient grounds to believe that such persons conceal and voluntarily do not issue goods transported across the customs border of the Union in violation of international treaties and acts in the field of customs regulation, legislation of the member states.
3. Personal customs inspection is carried out in order to identify the individuals specified in paragraph 2 of this Article, concealed goods transported across the customs border of the Union in violation of international treaties and acts in the field of customs regulation, legislation of the Member States, and is an exceptional form of customs control.
4. Personal customs inspection is carried out by the decision of the head (head) of the customs body, the deputy head (deputy head) of the customs body authorized by him or their surrogates, and if this is provided for by the legislation of the member states on customs regulation, - by the decision of the head (head) of the division of the customs body authorized to conductcustoms control, the deputy head (deputy head) of the customs body's subdivision authorized by him or their surrogates.
   The specified decision is made in writing.
5. Personal customs inspection is carried out by officials of the customs authority of the same sex with the person in respect of whom personal customs inspection is carried out, in the presence of 2 witnesses of the same sex in an isolated room that meets sanitary and hygienic requirements. Access to the premises of individuals, other than those specified in this article, and the possibility of monitoring the conduct of personal customs inspection by other individuals should be excluded.
   Examination of the body of an individual in respect of whom a personal customs inspection is carried out is carried out only by a medical professional using, if necessary, special medical equipment.
   When conducting a personal customs inspection of a minor or incapacitated individual, his legal representatives (parents, adoptive parents, guardians or trustees) or accompanying persons must be present.
6. Before starting a personal customs inspection, a customs official is obliged to acquaint an individual with the decision to conduct a personal customs inspection and his rights during such a personal customs inspection, as well as to offer him to voluntarily issue goods transported across the customs border of the Union in violation of international treaties and acts in the field of customs regulation, legislation of the Member States.
   The fact of familiarization of an individual with the decision to conduct a personal customs inspection is certified by this individual by affixing an appropriate inscription in the decision to conduct such a personal customs inspection. If an individual refuses to affix such an inscription, a corresponding mark is made on the decision to conduct a personal customs inspection, certified by the signatures of the authorized official of the customs authority who announced the decision to conduct such a personal customs inspection, and the witnesses present during the personal customs inspection.
7. The actions of an official of a customs body during a personal customs inspection must not infringe on the honor and dignity of the individual in respect of whom a personal customs inspection is carried out, and cause harm to the health and damage to the property of this individual.
8. An individual in respect of whom a personal customs inspection is carried out has the right to:
   1. to get acquainted with the decision to conduct a personal customs inspection and the procedure for its conduct before the start of the personal customs inspection;
   2. familiarize yourself with your rights and obligations;
   3. give explanations and submit petitions;
   4. voluntarily hand over concealed goods transported across the customs border of the Union in violation of international treaties and acts in the field of customs regulation, legislation of the Member States;
   5. to make an application with mandatory entry into the act of personal customs inspection by an official of the customs authority conducting a personal customs inspection;
   6. use your native language and the services of an interpreter;
   7. get acquainted with the act of personal customs inspection at the end of its compilation and make statements in it in writing;
   8. appeal against the actions of customs officials conducting personal customs inspection in accordance with this Code.
9. In the course of conducting a personal customs inspection, the individual in respect of whom it is carried out and his legal representative are obliged to comply with the legal requirements of the official of the customs body conducting the personal customs inspection.
10. The results of the personal customs inspection are made out by drawing up an act of personal customs inspection, the form of which is determined by the Commission.
    The specified act must be drawn up during the personal customs inspection or within 1 hour after its completion.
11. The act of personal customs inspection is signed by the official of the customs body who conducted the personal customs inspection, by the individual in respect of whom the personal customs inspection was carried out, or by his legal representative, or by the person accompanying him, by witnesses, and during the examination of the body of the individual in respect of whom the personal customs inspection was carried out, also by a medical worker.
12. The personal customs inspection report is drawn up in 2 copies, one of which is handed over to the individual in respect of whom the personal customs inspection was carried out, his legal representative or his accompanying person immediately after its compilation.