Application
To the Contract about the Customs code
Customs union accepted
By the decision of Interstate Council
The Euroasian economic community
( Supreme body of customs union)
At a level of the chapters of the states
From November 27, 2009 N 17
(unofficial translation)
SECTION 1. KEY PROVISIONS << >> Chapter 2. C H A P T E R 1. "General Provisions"
A r t i c l e 1.
Customs regulation in the customs union
1. Customs regulation in the Customs Union within the Eurasian Economic Community (hereinafter - the Customs Union) - the legal regulation of relations connected with the movement of goods across the customs border of the customs union, their transport to a single customs territory of the customs union under customs control, temporary storage, customs declaration, release and use in accordance with the customs procedures, carrying out customs control, customs duties, as well as power relations between customs authorities and the persons implementing the right of possession, use and disposal of these goods.
2. Customs regulation in the customs union in accordance with the customs legislation of the customs union, and in part not regulated by that law - in accordance with the laws of States - members of the customs union.
A r t i c l e 2.
The customs territory of the customs union and the customs border
1. Single customs territory of the Customs Union (hereinafter - the customs territory of the customs union) are the territory of the Republic of Belarus, Kazakhstan and the Russian Federation, as well as exclusive economic zones and continental shelves of the States - Members of a customs union, artificial islands, installations, structures and other objects, in respect of which states - members of a customs union shall have exclusive jurisdiction.
2. Outside the customs territory of the customs union, including the limits are within the exclusive economic zones and continental shelves States - members of a customs union of artificial islands, installations and other facilities in respect of which the state - members of a customs union shall have exclusive jurisdiction, are the customs border of the customs union ( Further - the customs border).
A r t i c l e 3.
Customs legislation Customs Union
1. Customs legislation Customs Union consists of:
1) of this Code;
2) international treaties states - members of a customs union, customs governing relations in the customs union;
3) The decisions of the Commission of the customs union, customs legal regulations in the Customs Union, adopted in accordance with this Code and by international treaties states - members of the customs union.
2. Customs laws and customs union acts in the customs territory of the customs union.
3. When the customs regulation of the customs legislation of the customs union, effective on the date of registration of customs declaration or other customs documents, except as provided in this Code.
When moving goods across the customs border with violations of the requirements established by the customs legislation of the customs union, the customs legislation of the customs union, effective on the date of the actual goods crossing the customs border.
If the date of actual goods crossing the customs border is not set, the customs legislation of the customs union, acting on a day to identify violation of the requirements established by the customs legislation of the customs union.
A r t i c l e 4.
Key terms used in this Code
1. In this Code the following terms and their definitions:
1) accident - harmful in its consequences occurrence of technical, technological or otherwise, occurred with vehicles and (or) other goods under customs supervision, which entailed not provided by the customs legislation of the customs union of their quantitative and (or) qualitative changes, are not caused by deliberate actions of the owner and (or) the person in possession of the goods were at the time of such changes, except for natural changes in the normal conditions of transport, storage and use (operation), as well as extraordinary and unavoidable under these conditions, circumstances (force majeure );
2) administrative offenses and crimes - administrative offenses, for which in accordance with the laws of States - members of a customs union customs authorities are administrative process (the production is carried out), and crime, the production of which is assigned the responsibility of the customs authorities in accordance with the laws of States - Members of the customs Union;
3) importation of goods into the customs territory of the customs union - the commission of acts connected with crossing the border, as a result of which the goods arrived at the customs territory of the customs union in any manner, including sending international mail, the use of pipelines and power lines, before they are released by Customs bodies;
4) removal of goods from the customs territory of the customs union - the actions aimed at the removal of goods from the customs territory of the customs union in any manner, including sending international mail, the use of pipelines and power lines before actually crossing the customs border;
5) the release of goods - the action of customs authorities to allow interested parties to use the goods in accordance with the terms of the declared customs procedure;
6) the declarant - a person who declares goods or on whose behalf the goods are declared;
7) interested persons - persons whose interests in respect of goods affected by the decisions and actions (or inaction) of customs offices directly and individually;
8) the prohibitions and restrictions - a complex of measures to be applied in respect of goods across the customs border, including non-tariff measures, measures affecting trade in goods and entered in the national interest, special kinds of prohibitions and restrictions on foreign trade, export controls, including with regard to military products, technical regulations and sanitary-epidemiological, veterinary, quarantine and phytosanitary requirements and radiation, which are set by international treaties states - members of a customs union, the decisions of the Customs Union Commission and the regulations of states - members of a customs union issued in accordance with international agreements of - members of a customs union;
9) the foreign person - a person who is not a state - member of a customs union;
10) Foreign goods - goods that are not goods of the customs union, as well as goods that have acquired the status of foreign goods in accordance with this Code;
11) The Commission of the customs union - a single permanent regulatory body of the customs union;
12) Commercial documents - invoice (invoice), specifications, shipping and packing lists and other documents used in the implementation of foreign trade and other activities as well as for confirmation of transactions involving the movement of goods across the customs border of the customs union;
13) a person - the physical and (or) a legal person, as well as organization, not a legal entity, unless otherwise provided by this Code;
14) head of state - a member of the customs union - a legal person, organization, not a legal entity created under the laws of the State - a member of the customs union, as well as the natural person having permanent residence in the country - a member of the Customs Union, including individual entrepreneurs registered under the laws of the State - a member of the customs union;
15) international treaties of the States - Members of the customs union - the international treaties that make up the legal base of the customs union;
16) international postage - postage to be taken for shipment outside the customs territory of the customs union coming into the customs territory of the customs union, or in transit through this territory and supporting documents are provided for by the Universal Postal Union;
17) non-tariff measures - a package of measures to regulate foreign trade carried out by the introduction of quantitative and other restrictions and economic restrictions that are set by international treaties states - members of a customs union, the decisions of the Customs Union Commission and the regulations of states - members of a customs union, issued in accordance with international treaties of the - members of a customs union;
18) taxes - value added tax and excise tax (excise tax) levied by the customs authorities when importing goods into the customs territory of the customs union;
19) illegal movement of goods across the customs border - the movement of goods across the customs border away from an established or unknown time of the customs authorities in these places, or with concealment from customs control or with a false declaration or non-declaration of goods, or using documents containing false information on the goods and (or) the use of fraudulent or related to other items of identification, as well as attempts to such displacement;
20) postal operator - the person of the State - a member of a customs union, to provide postal services under the laws of states - members of the customs union and the acts of the Universal Postal Union;
21) carrier - a person performing the transportation of goods and (or) passengers through the customs border and (or) the carriage of goods under customs supervision within the customs territory of the customs union, or responsible for the use of vehicles;
22) the movement of goods across the customs border - the importation of goods into the customs territory of the customs union or exportation of goods from the customs territory of the customs union;
23) supplies - products:
necessary for the proper operation and maintenance of vessels, aircraft and trains en route, or stop points, or parking, except for spare parts and equipment;
intended for consumption by passengers and crew members on board vessels, aircraft or passengers and employees of train crews on the trains, regardless of whether these stores are sold or not;
intended for sale to passengers and crew members on ships, aircraft, without intent to use these supplies on board such vessels;
24) customs declaration - a document written in the prescribed form containing information about goods, about its customs procedures and other information necessary for the production of goods;
25) Customs duty - a compulsory payment levied by the customs authorities in connection with the movement of goods across the customs border;
26) Customs procedure - a set of rules defining the requirements for customs purposes and conditions of use and (or) disposal of goods in the customs territory of the customs union or outside it;
27) customs declaration - a statement declaring to the customs body of information on products for selected customs procedure and (or) other information required for the release of the goods or for other purposes established in accordance with this Code;
28) Customs documents - documents drawn up exclusively for customs purposes;
29) customs operations - acts committed by persons and customs authorities in order to ensure compliance with customs laws and customs union;
30) Customs - The customs authorities of States - members of a customs union;
31) customs control - a set of measures implemented by customs authorities, including the use of risk management systems to ensure compliance with customs laws and customs union legislation of the States - Members of a customs union, the control over the execution of which the customs authorities;
32) the customs authority of destination - the customs authority in the area of which is established by the customs authority of departure point of delivery of goods or who completes the customs procedure of customs transit;
33) customs office of departure - the customs authority, which performs customs operations involving the placement of goods under the customs procedure of customs transit;
34) customs representative - a legal person commits the name and on behalf of the declarant or other interested person, the Customs operations in accordance with customs laws and customs union;
35) goods - any movable property across the customs border, including the media, the currency of countries - members of a customs union, securities, and (or) foreign exchange value, travelers checks, electric power and other forms of energy, and other movable things equated to real estate;
36) goods for personal use - goods intended for personal, family, household and other non-entrepreneurial activities, the needs of individuals across the customs border in accompanied or unaccompanied baggage, international mail, or otherwise;
37) goods of the customs union - in the customs territory of the customs union goods:
wholly produced in the territories of States - members of a customs union;
imported into the customs territory of the customs union and have acquired the status of the goods of the customs union in accordance with the Code and (or) international treaties of the States - Members of the customs union;
manufactured in the territories of States - members of a customs union of the goods specified in the second and third paragraphs of this subparagraph, and (or) foreign goods, and acquired the status of the goods the customs union in accordance with the Code and (or) international treaties of the States - Members of the customs union;
38) transportation (shipment) documents - bill of lading, invoice or other document evidencing a contract of carriage of goods and accompanies them with such transport;
39) vehicles - a category of goods, including any water vessel, aircraft, road vehicles, trailers, railway vehicles (rolling stock) or container provided for in the specifications or technical same form of spare parts, supplies and equipment, fuel, lubricants, coolants and other technical fluids contained in the fuel tanks, provided they are designed if they are transported along with these vehicles;
40) international carriage of vehicles - vehicles that are imported into the customs territory of the customs union or exported abroad in order to start and (or) the completion of the international carriage of goods, passengers and (or) luggage, if they are on special equipment designed for loading , unloading, handling and protection of goods, items of logistics and supplies, as well as spare parts and equipment for repair, maintenance or operation of a vehicle in transit.
2. Other terms of customs laws and customs union are used in the meanings defined in the relevant articles of this Code and international treaties states - members of the customs union.
3. Terms of civil and other branches of the law states - members of a customs union, used in this Code shall be applied in the sense in which they are used in these branches of law - the members of the Customs Union, unless otherwise provided in this Code.
A r t i c l e 5.
Procedure for calculating the time limits set by customs laws and customs union
1. Period prescribed by the customs legislation of the customs union, is determined by a calendar date or the expiry of a period of time, which is calculated in years, months, days or hours.
The term can also be determined by reference to an event that should occur, or the action that should be committed.
2. If the customs laws of the customs union is not established a special procedure for calculating the time limits for determining the start and end dates defined period of time, customs laws and customs union, the rules provided for in paragraphs 3 - 8 this article.
3. During the period specified period of time beginning on the day following the calendar date or event that defined the beginning.
4. Period, calculated in years shall expire on the corresponding month of the last year period.
5. Period calculated in months shall expire on the corresponding date of the last month of the period.
If the end of the period calculated in months, account for a month in which there is no corresponding date, the period shall expire on the last day of the month.
6. If the last day falls on a non-working day, the term is considered the closest following working day.
7. If the period is set for the commission of any act, it can be done up to 24 (twenty four) hours after the last day of term.
However, if this should be done in the organization, the period expires at the hour when this institution by the established rules stop the operations.
Written statements and notices have been handed over to the institution (organization), postal services up to 24 (twenty four) hours of the last day of the term shall be deemed made on time.
8. If the period is calculated working days, under the working days mean week days from Monday to Friday, which does not fall on public holidays are declared non-working days in accordance with the laws of the States - Members of the customs union.
A r t i c l e 6.
Customs authorities and their main task
1. Customs authorities shall provide the customs territory of the customs union the following main objectives:
1) to facilitate the implementation of a common trade policy of the customs union;
2) the enforcement of customs laws and customs union and other laws of States - members of a customs union, the control over the execution of which the customs authorities;
3) the commission of customs procedures and customs control, including in the framework of mutual administrative assistance;
4) the collection of customs payments, as well as special, antidumping and countervailing duties, control of accurate calculation and timely payment, the adoption of measures for the enforcement within its jurisdiction;
5) provision within its competence, compliance with the measures of customs and tariff regulations and prohibitions and restrictions on goods transported across the customs border;
6) provision within its jurisdiction the rights and lawful interests of individuals in the area of customs regulation and the creation of conditions for expediting the movement across the customs border;
7) provision within its competence, measures to protect the national security of States - members of a customs union, life and human health, flora and fauna, the environment;
8) identification, prevention and control of administrative violations and crimes under the laws of states - members of a customs union;
9) ensure the protection of intellectual property rights in the customs territory of the customs union within its competence;
10) Customs statistics.
Legislation states - members of the customs union may be established and other problems solved by the customs authorities.
2. The system of customs authorities, rights, duties and responsibilities, as well as conditions of service in the customs authorities by the law of states - members of the customs union.
A r t i c l e 7.
Law-enforcement activity of customs authorities
1. Customs authorities - members of a customs union are the bodies of inquiry in cases of smuggling, evasion of customs duties and other crimes in which the proceedings in accordance with the laws of the States - Members of a customs union is referred to the conduct of customs officials.
2. Customs authorities - members of a customs union is carried out operative investigation activity in order to identify individuals who prepare, commit or have committed a wrongful act recognized by the laws of those states crime, production of which is within the jurisdiction of customs authorities, the execution of requests international customs organizations, customs and other competent bodies of foreign states in accordance with international treaties.
Investigation and search operations by the customs authorities of the States - Members of the customs union in accordance with the laws of - members of a customs union on the operative-search activities.
3. Customs authorities - members of a customs union are the administrative process (the production is carried out) in cases of administrative violations and bring those to the administrative liability in accordance with the laws of States - members of the customs union.
A r t i c l e 8.
Attitude to information collected by the customs authorities
1. Any information collected by customs authorities in accordance with customs legislation and customs union (or) the law states - members of a customs union, is used by such bodies exclusively for customs purposes, including to prevent and punish administrative violations and crimes.
2. Customs authorities, their officials and other persons who have received in accordance with the laws of - members of a customs union access to the information specified in paragraph 1 of this Article shall not disclose, use for personal purposes or to third parties, including public bodies, information constituting a state, commercial, banking, tax or other legally protected secrets (secrets), and other confidential information, except as set forth in this Code and (or) the law states - members of the customs union.
Customs authorities shall transmit the information provided by the public authorities of the States - Members of the customs union, if such information is necessary to these bodies for the tasks assigned to them by the legislation of the States - Members of the customs union, in compliance with the laws of the - members of a customs union for the protection of public, commercial, banking , tax or other legally protected secrets (secrets) and other confidential information, as well as international treaties states - members of the customs union.
A r t i c l e 9.
Appeal against actions (inaction) of customs bodies and their officials
Any person may appeal against decisions of customs authorities, action (inaction) of customs authorities or their officials in order and terms established by the laws of the state - members of a customs union, decisions, actions (inaction) of customs authority or customs officials are appealed against.