ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of March 6, 2018 No. 40n

About determination of the Procedure for representation by the customs applicant before submission of the declaration on goods or after submission of the declaration on goods before release of goods of the documents confirming data on goods origin, observance of prohibitions and restrictions

According to Item 7 of Article 109 of the Customs code of the Eurasian Economic Union (The Federal Law of November 14, 2017 No. 317-FZ "About ratification of the Agreement on the Customs code of the Eurasian Economic Union" (The Russian Federation Code, 2017, No. 47, the Art. 6843), with article 322.1 of the Federal Law of November 27, 2010 No. 311-FZ "About customs regulation in the Russian Federation" (The Russian Federation Code, 2010, No. 48, Art. 6252; 2018, 1, of the Art. 20) I order to No.:

1. Approve the enclosed Procedure for representation by the customs applicant before submission of the declaration on goods or after submission of the declaration on goods before release of goods of the documents confirming data on goods origin, observance of prohibitions and restrictions.

2. To impose control of execution of this order on the Head of the Federal Customs Service V. I. Bulavin.

3. This order becomes effective from the date of its official publication.

Approved by the Order of the Ministry of Finance of the Russian Federation of March 6, 2018, No. 40n

Procedure for representation by the customs applicant before submission of the declaration on goods or after submission of the declaration on goods before release of goods of the documents confirming data on goods origin, observance of prohibitions and restrictions

I. General provisions

1. The procedure for representation by the customs applicant before submission of the declaration on goods or after submission of the declaration on goods before release of goods of the documents confirming data on goods origin, observance of prohibitions and restrictions (further - the Procedure), is developed according to Item 7 of Article 109 of the Customs code of the Eurasian Economic Union (The Federal Law of November 14, 2017 No. 317-FZ "About ratification of the Agreement on the Customs code of the Eurasian Economic Union" (The Russian Federation Code, 2017, No. 47, the Art. 6843) (further - shopping Mall EEU) and determines actions of the customs applicant for representation before submission of the declaration on goods or after submission of the declaration on goods before release of goods of the documents confirming data on goods origin (further - the Documents confirming goods origin), and the documents confirming observance of prohibitions and restrictions (further - Allowing documents), if data on such documents and (or) data from them cannot be received by customs authority according to Item 2 of article 80 of shopping Mall EEU.

II. Representation by the customs applicant of the Documents confirming goods origin before submission of the declaration on goods

2. The customs applicant having the right before submission of the declaration on goods by means of the information service "Electronic Archive" of the automated subsystem "Component of services of personal account" posted on the official site by FCS of Russia on the Internet (further - the FPÖ "Personal account"), or with use of the software providing possibility of submission of data in the Single automated information system of customs authorities (further - EAIS THAT), previously to place in electronic archive of documents of the customs applicant (further - EADD) the Documents confirming goods origin (the certificate of origin, the declaration on goods origin), and also data from the specified documents provided in electronic form.

3. In the presence of paper documents based on which the electronic document is processed data in these documents shall be identical.

4. All electronic documents placed by the customs applicant in EADD shall be certified by the strengthened qualified digital signature (further - the EDS) the customs applicant.

5. After placement in EADD identification number (further - IN) which is carried to the customs applicant is automatically assigned to each electronic document.

6. The electronic document placed in EADD before submission of the declaration on goods is considered provided to customs authority after registration of the declaration for goods in which data and IN of such electronic document are specified.

III. Representation by the customs applicant of the Documents confirming goods origin after submission of the declaration on goods before release of goods

7. During making of customs transactions by the customs applicant are represented to customs authority of the data on the Documents placed in EADD confirming goods origin with indication of IN of documents, their details (number, date) and codes of document types according to the qualifier of document types and data approved by the Decision of the Commission of the Customs union of September 20, 2010 No. 378 "About the qualifiers used for filling of customs papers" (the official site of the Commission of the Customs union of http://www.tsouz.ru/, on September 21, 2010) (further - the Qualifier).

8. If according to international treaties and acts in the field of customs regulation and (or) international treaties of state members of the Eurasian Economic Union (further - the EEU) with the third party, and also by results of application of risk management system by customs authorities according to Chapter 50 of shopping Mall EEU needs submission of originals of the Documents confirming goods origin and (or) their copies on paper, the customs applicant submits the Documents confirming goods origin to any customs authority authorized on adoption of documents.

9. If in the customs declaration it is declared that the goods origin is unknown and when carrying out customs control it is revealed that measures of customs and tariff regulation are applied to the declared goods, prohibitions and restrictions, measures of protection of the domestic market depending on goods origin, customs authority have the right to request from the customs applicant the Documents confirming goods origin according to article 29 of shopping Mall EEU.

10. In need of submission of additional documents by the official of customs authority the request for submission of such documents is created. The request is created by customs authority with use of regular software and goes to the customs applicant in the form of the authorized message.

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