Protocol on customs carriers of the State Parties of the Customs union
of October 15, 1999
The State Customs Committee of the Republic of Belarus, Customs committee of the Ministry of state revenues of the Republic of Kazakhstan, the State customs inspection under the Ministry of Finance of the Kyrgyz Republic, the State Customs Committee of the Russian Federation, Customs committee under the Government of the Republic of Tajikistan which further are referred to as with the Parties
in view of Bases of customs legislations of the State Parties of the CIS of February 10, 1995 and for the purpose of implementation of the Agreement on uniform conditions of transit through the territories of the State Parties of the Customs union of January 22, 1998,
aiming at simplification of international carriages,
proceeding from need of ensuring compliance with the national legal system in case of transit international carriages through the territories of the State Parties of the Customs union,
agreed as follows.
Action of the this Protocol extends to the customs carriers who obtained the license of the central customs authority of the State Party of the Customs union in which they have the permanent location, on implementation of activities as customs carrier in all territory of this state (daleetamozhenny carriers).
For the purpose of the this Protocol terms in the following values are used:
"the central customs authority" - the body of the State Party of the Customs union performing direct management of customs affairs in the State Party of the Customs union;
"customs carrier" - the company or the organization created according to the national legal system of gosudarstvauchastnik of the Customs union, having rights of the legal entity and which obtained the license of the central customs authority of this state for implementation of activities as customs carrier in all its territory.
Action of the this Protocol is not applied to the customs carriers transporting alcoholic and tobacco products.
The customs carrier having the permanent location in one of the State Parties of the Customs union can transport goods under customs control, without customs escort, ensuring payment of customs duties and taxes in case of each transportation on the territories of other State Parties of the Customs union if such transportation begins or comes to the end in the territory of the state in which such customs carrier obtained the license, or is performed by transit through the territory of such state, and also other conditions provided by the national legal system of the state on which territory it is transported under customs control, and the this Protocol are complied.
For implementation of transportations on the conditions provided by the this Protocol, the customs carrier can sign the insurance contract of the activities with authorized insurance companies of the State Parties of the Customs union on which territories are transported by this carrier under customs control (further - insurers).
Object of insurance is responsibility of customs carrier to customs authorities in case of issue of goods without the permission of customs authority, their loss or not delivery in customs authority of appointment.
If the national legal system of the states of the Parties on which territories are transported under customs control, does not provide possibility of insurance by the foreign insurer, availability of the bank guarantee issued by banks of gosudarstvuchastnik of the Customs union, introduction of the determined sums on the deposit of customs authorities of the specified states or the guarantee of the authorized third parties is allowed.
The insurance sum before customs authorities or the amount of the bank guarantee, either money deposit, or the guarantee of the third party is determined by liability insurance by the national legal system of the State Party of the Customs union on which territory are transported under customs control.
Deposit amounts are deposited to account the central customs authority of the State Parties of the Customs union on which territory are transported under customs control, or according to its order into the account of the customs specified to them.
The sum granted on the deposit of customs authorities returns to customs carrier according to the national legal system of this State Party of the Customs union after permission effective period.
Permissions to transportations of goods under customs control on the territories of the State Parties of the Customs union by the customs carriers who obtained the license in other states members of the Customs union are issued by the central customs authorities of the states on which territories are transported, on submission of the written application of customs carrier, the insurance contract or bank guarantee, or the document confirming introduction on the deposit of the receivable amounts, or guarantees of the third party provided in Article 3 this Protocol and also the license granted by the central customs authority of the state in which the customs carrier has the permanent location.
Permission is drawn up in writing. In permission the name and legal address of carrier, permission effective period, the state numbers of vehicles, insurance sum, either the amount of the bank guarantee, or the amount of the introduced deposit, or guarantees of the third party, and also other data at the discretion of the relevant central customs authority shall be specified. Effective period of permission cannot exceed effective period of the license of customs carrier.
The authorized officer of customs authority of the State Party of the Customs union in the territory of which it is transported goods under customs control makes the decision on transportation of goods by customs carrier provided that such carrier will provide together with other documents necessary for registration of transit or the goods delivery, the following documents;
- the registration card of customs carrier constituted on everyone transport means according to the national legal system of the State Party of the Customs union in which this carrier obtained license for activities as customs carrier;
the copy of permission of the central customs authority provided in article 5 of the this Protocol.
Data on the documents specified in this Article are introduced in the document of control of the goods delivery or the transit declaration.
Registration cards of customs carrier are made on the protected paper in the form given in appendix to the this Protocol and certified by the customs which issued them.
The customs clearance of the goods and control of the goods delivery transported on the territories of the State Parties of the Customs union are made according to national legal systems of the State Parties of the Customs union on which territories it is transported, and also the this Protocol.
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