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
A r t i c l e 138.
Appointment of customs examination
1. Customs examination shall be appointed in cases where in order to clarify the issues in carrying out customs operations require special knowledge.
2. Customs examination is appointed by the customs authorities and carried out by customs experts, and experts or specialists of other authorized entities designated by the customs authorities.
Appointment of customs examination in other authorized organization is made only in case of inability to conduct such an examination by customs experts.
As an expert may be appointed any person having the required specialized knowledge for giving an opinion.
Expert, not an officer of customs authorities, being used for the customs examination in accordance with the laws of - members of the customs union.
3. Customs examination is appointed in respect of goods, including vehicles, customs, transport (shipping), commercial and other documents required to carry out customs operations, and their means of identification.
4. Authorized officer of the customs authority accepts a written decision on the appointment of customs examination, which includes the grounds for its holding, the first name and patronymic customs expert (s) or organization name, which must be carried out customs examination, the questions put to Customs expert (s), list of materials and documents available to the customs expert (s), the period of the customs examination and advice to the customs authority.
The decision also indicated for the Prevention of an expert on liability for knowingly giving false conclusion.
5. The head commissioner of the customs authority, organization, or his deputy shall have the right to refuse to customs examination in the following cases:
1) lack of information for customs examination;
2) the improper execution of the decision on the appointment of customs examination;
3) preservation of non-compliance packaging samples or specimens of the description specified in the decision on the appointment of customs examination;
4) the absence of the state commissioner of the customs authority of the customs expert qualifications required;
5) lack of necessary material and technical basis, the special provisions for the customs examination.
6. Refusal to customs examination shall be in writing stating the reasons for refusal. Submissions, documents, samples and specimens are returned to the customs authority, appointed the customs examination.
7. The customs authority not later than the day following the day the decision on the appointment of customs examination, shall notify the declarant or other person having authority over the goods, the appointment of customs examination.
8. The costs of the customs examination shall be reimbursed from the state budget - a member of the Customs Union, customs authorities which appointed customs examination.