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It is registered

Ministry of Justice

Russian Federation

On October 22, 2021 No. 65549

ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION AND FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of September 20, 2021 No. 798

About approval of the General provision about customs

According to part 6 of article 253 of the Federal Law of August 3, 2018 No. 289-FZ "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2018, No. 32, the Art. 5082), Item 1 and subitem 5.39 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of April 23, 2021 No. 636 "About approval of the Regulations on the Federal Customs Service, modification of the Regulations on the Ministry of Finance of the Russian Federation and recognition voided some acts and separate provisions of some acts of the Government of the Russian Federation" (The Russian Federation Code, 2021, to No. 18, of the Art. 3146, No. 26, of the Art. 4962), I order:

1. Approve the enclosed General provision about customs.

2. To customs to perform activities based on the General provision about customs specified in Item 1 of this order.

3. Recognize invalid:

1) the order of FCS of Russia of May 31, 2018 No. 833 "About approval of the General provision about customs" (registration No. 52281) is registered by the Ministry of Justice of the Russian Federation on September 27, 2018;

2) Item 2 appendices to the order of FCS of Russia of February 6, 2019 No. 197 "About modification of some regulatory legal acts of FCS of Russia concerning the organization of activities of customs authorities of the Russian Federation" (registration No. 53945) is registered by the Ministry of Justice of the Russian Federation on March 4, 2019;

3) Item 2 appendices to the order of FCS of Russia of August 30, 2019 No. 1368 "About modification of some regulatory legal acts of FCS of Russia concerning the organization of activities of customs authorities of the Russian Federation" (registration No. 56003) is registered by the Ministry of Justice of the Russian Federation on September 23, 2019;

4) Item 2 appendices to the order of FCS of Russia of July 24, 2020 No. 652 "About modification of some regulatory legal acts of FCS of Russia concerning the organization of activities of customs authorities of the Russian Federation" (registration No. 59416) is registered by the Ministry of Justice of the Russian Federation on August 24, 2020.

4. This order becomes effective after 30 days after day of its official publication.

5. To impose control of execution of this order on the deputy manager of FCS of Russia Strukov A. B.

Head

V. I. Bulavin

Appendix

Approved by the Order of the Federal Customs Service of the Russian Federation of September 20, 2021 No. 798

The general provision about customs

I. General provisions

1. The customs is the territorial authority of FCS of Russia entering single federal centralized system of customs authorities of the Russian Federation (further - customs authority) and providing realization of tasks and functions of FCS of Russia, including execution of functions of body of currency exchange control, in the region of activities of customs within the powers determined by this provision.

2. Depending on the functional powers determined by this provision:

the customs in the region of the activities provides realization of tasks and functions of FCS of Russia which regarding making of customs transactions are connected with customs declaration of goods, including electronically (further - customs);

the customs in the region of the activities provides realization of tasks and functions of FCS of Russia which regarding making of customs transactions are connected with customs declaration of goods exclusively electronically (further - electronic customs);

the customs in the region of the activities provides realization of tasks and functions of FCS of Russia which regarding making of customs transactions are not connected with customs declaration of goods electronically, except for of the case provided by the subitem 29 of Item 11 of this provision (further - customs of the actual control).

3. The region of activities of customs, electronic customs and customs of the actual control determines FCS of Russia.

4. The customs, electronic customs and customs of the actual control in the activities are guided by the Constitution of the Russian Federation, the Federal constitutional Laws, the legislation of the Russian Federation on customs regulation, the Federal Laws, acts of the President of the Russian Federation and the Government of the Russian Federation, acts of bodies of currency control, regulations of the Bank of Russia, regulatory legal acts of the Ministry of Finance of the Russian Federation, normative and other legal acts of FCS of Russia, legal acts of substandard nature of regional customs authority (further - RTU) to which the customs, electronic customs and customs of the actual control, is subordinated by this provision, and also the international treaties of the Russian Federation and acts constituting the right of the Eurasian Economic Union.

5. The customs, electronic customs and customs of the actual control perform the activities directly and through subordinate customs posts, including the customs posts realizing functions on electronic customs declaring (the centers of electronic declaring) (further respectively - customs posts, TsED), in interaction with territorial authorities of federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, legal entities and physical persons.

6. The customs performs management of activities of customs posts (TsED) and is in relation to them higher customs authority.

7. The electronic customs perform management of activities of TsED and are in relation to it higher customs authority.

8. The customs of the actual control performs management of activities of customs posts and is in relation to them higher customs authority.

II. Powers

9. The customs, electronic customs and customs of the actual control perform the following powers according to the established competence:

1) ensuring execution of the acts constituting the right of the Eurasian Economic Union, the legislation of the Russian Federation on customs regulation, control of which execution is imposed on customs authorities;

2) the organization of work and control of activities of customs posts (TsED) for the ensuring compliance with prohibitions and restrictions set according to the acts constituting the right of the Eurasian Economic Union and the legislation of the Russian Federation, and also international treaties of the Russian Federation;

3) the organization of work on ensuring protection of the rights to intellectual property items on customs area of the Eurasian Economic Union;

4) providing measures for protection of homeland security of state members of the Eurasian Economic Union, life and health of the person, animal and flora, environment;

5) monitoring of operability of system of interdepartmental electronic interaction;

6) accounting of the goods which are under customs control, and the customs transactions made with them;

7) methodical maintenance of making of customs transactions and carrying out customs control by authorized officers of customs, electronic customs, customs of the actual control and customs posts (TsED);

8) interaction with territorial authorities of currency exchange control and agents of currency exchange control;

9) control of respect for correctness of the statement in the declaration on goods of the data necessary for the purposes of currency exchange control, in case of customs declaration of goods electronically;

10) ensuring application by customs, electronic customs, customs of the actual control, customs posts (TsED) of measures for counteraction of legalization (washing) of income gained in the criminal way and to financing of terrorism when carrying out customs control over movement through customs border of the Eurasian Economic Union of cash and (or) monetary instruments;

11) the organization of control of making of customs transactions concerning gemstones, precious metals and primary goods containing precious metals;

12) ensuring compliance with the rights and legitimate interests of persons performing activities in the sphere of customs affairs and creation of conditions for acceleration of goods turnover through customs border of the Eurasian Economic Union;

13) control of correctness of classification of goods according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the Commodity Nomenclature of Foreign Economic Activity of EEAS), determinations of goods origin and observance of conditions of provision of tariff preferences in case of customs declaring and in other cases established by the international treaties of the Russian Federation, acts constituting the right of the Eurasian Economic Union, the legislation of the Russian Federation;

14) ensuring compliance with uniform application of requirements of international treaties of the Russian Federation, the acts constituting the right of the Eurasian Economic Union, and (or) the legislation of the Russian Federation on customs regulation in case of control of correctness of classification of goods according to the CN FEA EEU, determinations of goods origin, provision of tariff preferences or refusal in provision of tariff preferences and also in case of decision making in the field of customs affairs by results of the carried-out control;

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