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 3. CUSTOMS CONTROL Chapter 15. << >> Chapter 17. C H A P T E R 16. "The forms and procedures for customs control"
A r t i c l e 110.
Forms of Customs Control
Forms of customs control:
1) checking the documents and information;
2) oral interrogation;
3) receive an explanation;
4) Customs supervision;
5) customs inspection;
6) customs clearances;
7) personal customs clearance;
8) check mark goods with special marks, the availability of these identification marks;
9) the customs inspection of premises and territories;
10) records of goods under customs control;
11) verification of inventory systems and reporting;
12) customs inspection.
A r t i c l e 111.
Verification of documents and information
1. The customs authorities shall check the documents and information provided at the performance of customs operations in order to determine the reliability of information, the authenticity of documents and (or) the regularity of their completion and (or) clearance.
2. Verification of information submitted by the customs authorities when carrying out customs operations, carried out by comparing them with the information received from other sources, analyze the information to customs statistics, processing of data using information technology and other means not prohibited by the customs legislation of the customs union.
3. When carrying out customs control the customs authority is entitled to a reasoned request in writing additional information and documents to verify the information contained in customs documents.
4. Request for additional documents and information in accordance with paragraph 3 of this article and testing should not preclude the release of goods, unless otherwise expressly provided in this Code.
A r t i c l e 112.
Recitation
When carrying out customs operations in accordance with this Code, customs officials may conduct oral questioning individuals, their representatives, as well as persons who are representatives of organizations having authority in respect of goods across the customs border, without issuing an explanation of such persons in writing .
A r t i c l e 113.
Getting an explanation
1. Getting an explanation - to customs officials from declarants and other persons who have knowledge of the circumstances relevant to the implementation of customs control, the necessary information in the field of customs.
2. Explanations made in writing, as set by the Commission of the customs union.
3. If necessary, call the person to receive an explanation customs authority draws up a notice in writing, which is awarded to the person summoned.
A r t i c l e 114.
Customs supervision
Customs supervision - the transparent, purposeful, systematic, or single, direct or indirect visual observation, including the use of technical means, by customs officials for the transportation of goods, including vehicles under customs supervision, the commission of them trucks and other operations.
A r t i c l e 115.
Rummage
1. Customs inspection - external visual inspection of goods, including vehicles, luggage individuals, as well as cargo containers, customs seals, stamps and other means of identification, without opening the vehicle, packing of goods, dismantling and destroying the integrity of the surveyed objects and their parts in other ways.
2. The customs inspection of customs officials of goods, including vehicles of international transport, international mail and baggage of individuals, carried out in order to obtain confirmation of the details of the nature, origin, condition and quantity of goods under customs control, the presence on the goods vehicles and their cargo spaces customs seals, stamps and other imposed means of identification.
3. In the area of customs control, customs inspection can be performed in the absence of the declarant or other persons having authority in relation to goods and their representatives, except in cases where these individuals are willing to be present at customs inspection.
4. Customs inspection can be conducted with the use of technical tools that provide visualization of the internal structure of the examined object, and otherwise report the presence of specific physical characteristics of the object.
5. According to the results of the customs inspection by customs officers shall be drawn in the form prescribed by the Commission of the customs union, if the results of this survey will be used for customs purposes.
At the request of the person with the authority in relation to goods, the customs officer shall draw up an act, or put a note of the fact that customs inspection on a vehicle (transport), commercial or customs document.
A second copy of the act of carrying out customs inspection handed person having authority over the goods.
A r t i c l e 116.
Rummage
1. Customs inspection - actions of customs officials associated with the opening of the packaging of goods or cargo space of a vehicle or tanks, containers and other places where people are or may be in goods, in violation imposed on them the customs seals or other means of identification, disassembly, removal or violation of the integrity of the surveyed objects and their parts in different ways.
2. Customs official who is authorized to conduct customs inspection, notify the time and place of customs examination of the declarant or other person having authority over the goods, if these persons are known.
Declarant and other persons having authority in relation to the goods and their representatives may attend at their own initiative at customs control, except as specified in paragraph 4 of this article.
3. Customs inspection, carried out during the customs inspection of premises and territories, and (or) during the exit customs inspection may be conducted without creating a customs control zones.
4. At the request of customs officials declarant or other person having authority in relation to the goods and their representatives must be present at customs control and to officials of customs authorities as required. In the absence of a representative specifically authorized by the carrier, is an individual who drives the vehicle.
5. The customs authority is entitled to carry out customs clearance in the absence of the declarant and other persons having authority in relation to goods and their representatives in the following cases:
1) In case of absence of such persons or such persons are unknown;
2) when there is threat to national (state) security of life and human health, the environment, preservation of national cultural heritage of States - members of a customs union and other circumstances of urgency, including the presence of signs indicating that products are highly flammable substance, explosive objects, explosives, dangerous chemicals and biological substances, narcotic drugs, psychotropic, virulent, poisonous, toxic, radioactive substances, nuclear materials and other similar products if the products are spreading a bad smell;
3) for shipment of goods by international mail;
4) upon leaving the customs territory of the Customs Union goods in violation of the customs procedure providing for their removal.
6. Customs clearance, in the cases referred to in paragraph 5 of this Article shall be conducted in the presence of 2 (two) witnesses.
7. According to the results of customs inspection shall be drawn up customs clearance in 2 (two) copies of the form prescribed by the Commission of the customs union. In an act of customs inspection shall include the following information:
1) information about the officials of the customs authority, carry out customs clearance, and the persons who were present at the meeting;
2) the reasons for customs clearance in the absence of the declarant or other person having authority over the goods;
3) the results of customs inspection;
4) other information contained in the form of the act.
8. Second copy of the customs clearance is given (directed) the person having authority over the goods or his representative if the person is found.
A r t i c l e 117.
Customs personnel
1. Personal customs clearance is an exceptional form of customs control, which is held at the written decision of the head (chief) of the customs authority, his deputy, if there are sufficient grounds for believing that an individual crossing the customs border, or being in a customs control zone or transit zone International Airport, hides in itself and not voluntarily provides goods transported in violation of customs laws and customs union.
The decision to conduct the customs personnel be made in writing by endorsement on the report of the customs officer, or issued a separate document.
2. Before the beginning of the customs personnel customs official must submit an individual decision to hold the customs personnel, to acquaint the individual with his or her rights to conduct such an examination and to offer to voluntarily give concealed goods.
Fact familiarize the individual with the decision to launch the customs personnel to certify the said person by the inscription in the decision to conduct such an inspection. In case of refusal to commit any such act on that is made on the decision to conduct the customs personnel, witnessed by signature of the customs officer, who announced the decision to conduct such inspections.
3. The actions of the customs officer during the customs personnel should not infringe upon the honor and dignity of the person, causing injury and wrongful damage to property, the person being searched.
4. An individual in respect of whom held personal customs clearance, has the right:
1) before the start of the customs personnel familiar with the decision and order of the customs personnel;
2) Be familiar with your rights and responsibilities;
3) to give explanations and petitions;
4) volunteered to give concealed carry goods across the customs border in violation of customs laws and customs union;
5) make a statement with the obligatory introduction of it in the act of an individual customs examination by a customs officer, generating personal customs clearance;
6) use their native language, as well as the services of an interpreter;
7) to get acquainted with the act of carrying out the customs personnel at the end of its preparation and make statements to be included in the act;
8) appeal the actions of customs officials, producing personal customs clearance in accordance with this Code.
5. During the customs personnel searched the person or his legal representative must comply with legal requirements of the customs officer, conducting personal customs clearance.
6. Customs personnel shall be conducted by customs officials searched the same sex in the presence of 2 (two) witnesses of the same sex in an isolated room that meets sanitary requirements. Access to the premises of other individuals and the ability to observe the conduct of the customs personnel on their part should be excluded. Examination of the body being searched should be given only medical practitioner with the need for special medical equipment.
Health worker can not shirk its enforcement of the decision to hold the customs personnel.
If the customs personnel of the minor or incapacitated the individual must attend his legal representatives (parents, adoptive parents, guardians, trustees) or a person accompanying him.
7. On carrying out the customs personnel shall be drawn in two (2) copies of the form approved by the Commission of the customs union. This act shall be made in the course of customs personnel, either directly after his graduation.
Act shall be signed by a customs officer, carry out customs clearance, an individual in respect of which the inspection was conducted, or his legal representative or a person accompanying him, witnesses, and during examination - medical practitioner.
To an individual in respect of which held personal customs clearance, or his legal representative or person accompanying him shall be served on the second copy of the act of an individual customs clearance immediately after its preparation.
A r t i c l e 118.
Check marking goods with special marks, the availability of Identification Marks
1. Customs authorities are checking the availability on the goods or their packaging of special stamps, identifying signs or symbols goods in other ways, used to confirm the legality of their importation into the customs territory of the customs union in the cases stipulated by the customs legislation of the customs union.
2. Lack of special stamps on the goods, identification marks or symbols goods in other ways is regarded as import of goods into the customs territory of the customs union, carried out without performing customs operations and the release of goods, if the person from whom such goods are discovered, the declarant or other interested person can prove otherwise.
A r t i c l e 119.
The customs inspection of premises and territories
1. The customs inspection of premises and territories conducted in order to confirm the availability of goods under customs control, including those conditionally released, in temporary storage, customs warehouses, the premises of duty-free shops and other places where there may be goods under customs control, as well as patients who must be goods in accordance with the terms of customs procedures prescribed by this Code.
2. The customs inspection of premises and territories not specified in paragraph 1 of this article may be carried out by customs authorities in the field of movement of goods across the customs border, the border zone, as well as by persons engaged in wholesale or retail trade of goods, storing items in places that are not zones of customs control, and other persons who own and (or) use the goods, if there is information on finding the premises or in the territories of these individuals to goods imported into the customs territory of the customs union (or) are on her violation of the order established by this Code, to verify such information.
3. The customs inspection of premises and territories may also be made by customs authorities in order to verify compliance of the premises and territory requirements and conditions established by the legislation of States - members of a customs union in accordance with Articles 24, 29, 34, 168, 233 and 304 of this Code.
4. Customs inspection of premises is not allowed.
5. The customs inspection of premises and territories held by the presentation of prescriptions (guidance) and business card of a customs officer.
Form of prescriptions (guidance) on the inspection of premises and areas determined by the laws of States - members of the customs union.
6. In the case of denying access to territory and premises, customs officials may enter the territory and premises with the suppression of resistance and with the opening of locked premises in the presence of 2 (two) witnesses. All cases of entering premises with the suppression of resistance and with the opening of locked premises customs authorities shall notify the prosecutor within 24 (twenty four) hours. Face, preventing access of customs officials in the territory and premises shall be liable in accordance with the laws of - members of the customs union.
7. If the law states - members of the customs union has a special procedure for access to public officials on individual objects, such access is made in the manner prescribed by this legislation.
8. The customs inspection of premises and territories should be in a minimum time period required for its implementation, and can not last more than 1 (one) business day, unless otherwise stipulated by the legislation of the States - Members of the customs union.
9. According to the results of the customs inspection of premises and territories shall be drawn on the form approved by the Commission of the customs union. Second copy of the customs inspection of premises and areas to be served (direction) to the person whose premises or area inspected.
A r t i c l e 120.
Records of goods under customs control
1. Customs authorities shall keep records of goods under customs control, and made with them customs operations, including the use of information systems and technologies.
2. The procedure and form of accounting of goods under customs control, by the law of the States - Members of the customs union.
A r t i c l e 121.
Checking inventory systems and reporting
1. Persons conducting activities in the field of customs, enjoying special simplifications, as well as enjoying and (or) knowledge of foreign goods by the customs authorities are obliged to submit to customs authorities reports on stored, transported, sold, processed and (or) used goods.
2. The form and reporting procedures defined by the legislation states - members of the customs union.
3. Checking inventory systems as a form of customs control is carried out:
1) the application of special simplified in accordance with this Code;
2) for conditional release of goods;
3) in respect of persons carrying out activities in the field of customs;
4) in respect of goods placed under the customs procedures, providing record-keeping of such goods.
A r t i c l e 122.
Going-over
1. Customs inspection is carried out by customs authorities in order to verify compliance with the requirements of persons established by the customs legislation of the customs union and the law states - members of the customs union.
2. Customs inspection is carried out by customs authorities of the state - member of a customs union in respect of (a) the audited entities created and (or) registered under the laws of this State - a member of the customs union.
Under the inspectors are understood:
declarant;
Customs representative;
carrier, including customs carrier;
person having authority in relation to the goods after their release, or his representative;
person carrying out the temporary storage of goods;
owners of duty-free shops, customs and other stores;
authorized economic operator;
other persons, either directly or indirectly involved in deals with goods placed under the relevant customs procedure;
the person against whom there is information that in his possession and (or) use are (were) the goods in violation of the order established by this Code, including illegal movement across the customs border.
3. When customs inspection by customs authorities checked:
1) the fact of placing goods under a customs procedure;
2) reliability of the information declared in the customs declaration and other documents submitted to the customs declaration of goods, influenced the decision to release the goods;
3) compliance with the restrictions on use and disposal of conditionally released goods;
4) compliance with the requirements established by the customs legislation of the customs union and the law states - members of a customs union, to persons engaged in activities in the field of customs;
5) of the persons concerned, including those working in the field of customs, established the criteria necessary to assign the status of authorized economic operator;
6) other areas identified by the customs legislation of the customs union and the law states - members of the customs union.
4. Customs inspection is carried out by comparing the information contained in the documents submitted by placing the goods under the customs procedure, and other information available to the customs authority, with the data of accounting and reporting of accounts and other information obtained in the manner prescribed by the customs legislation of the customs union and the law states - members of the customs union.
5. At the customs inspection may use different forms of customs control, established by Article 110 of this Code.
6. Customs inspection should be preceded by preparatory work, during which the defined list of issues to be reviewed, if necessary, a program is held.
7. Customs inspection is carried out in the form of a desk customs inspection or exit customs inspection.
8. To participate in the customs inspection may be involved officials from other government regulatory bodies of the state - member of a customs union in accordance with the laws of the State - a member of the customs union.
9. In establishing during the customs check signs of administrative violation or a crime being taken by customs authorities in accordance with the laws of the State - a member of the customs union.
10. Procedure for Customs inspection is determined by chapter 19 of this Code.
11. The results of the customs inspection process documents in accordance with the laws of - members of the customs union.
12. Decision-making procedure based on customs inspection determined by the laws of States - members of the customs union.