It is registered
Ministry of Justice
Russian Federation
On January 16, 2025 No. 80935
of August 19, 2024 No. 116n
About determination of the Procedure for carrying out customs control in the form of verification of customs, other papers and (or) data in case of control of correctness of determination of goods origin and observance of conditions of provision of tariff preferences
According to part 2 of article 214 of the Federal Law of August 3, 2018 "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" and paragraph one of Item 1 of the Regulations on the Ministry of Finance of the Russian Federation approved by the order of the Government of the Russian Federation of June 30, 2004 No. 329, I order to No. 289-FZ:
1. Approve the enclosed Procedure for carrying out customs control in the form of verification of customs, other papers and (or) data in case of control of correctness of determination of goods origin and observance of conditions of provision of tariff preferences.
2. This order becomes effective after thirty days after day of its official publication.
Minister
A. G. Siluanov
Approved by the Order of the Ministry of Finance of the Russian Federation of August 19, 2024, No. 116n
1. Customs control in the form of verification of customs, other papers and (or) data in case of control of correctness of determination of goods origin and observance of conditions of provision of tariff preferences (further respectively - documents on goods origin, customs control) is exercised by the officials of customs authorities of the Russian Federation (further - customs authorities) authorized on carrying out customs control of goods origin and observance of conditions of provision of tariff preferences (further - authorized officers).
2. In case of customs control by authorized officers documents on goods origin, including authenticity of certificates of origin, correctness of their registration and (or) filling <1>, data on goods origin declared in the declaration on goods (further - DT) and (or) containing in the documents submitted to customs authorities, including reliability of the data containing in documents on goods origin are checked.
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<1> Item 1 of Article 314 of the Customs code of the Eurasian Economic Union. No. 317-FZ "About ratification of the Agreement on the Customs code of the Eurasian Economic Union" is obligatory for the Russian Federation according to the Federal Law of November 14, 2017, became effective on January 1, 2018 (further - shopping Mall EEU).
3. In case of customs control of the original certificate provided as the document on goods origin about goods origin on paper, the duplicate of the certificate of origin, the copy of the certificate of origin which is printed out on paper or created in the form of the graphical electronic copy (further - the copy of the certificate of origin), or the certificate of origin issued by authorized body in electronic form without execution of the original certificate on paper which is printed out on paper or created in the form of the graphical electronic copy (further - the certificate of origin issued in electronic form), authorized officers apply the rules of determination of goods origin provided according to article 37 of the Agreement on the Eurasian Economic Union of May 29, 2014 <2> (further respectively - the Agreement on EEU, Rules), depending on form of such certificate.
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<2> No. 279-FZ "About ratification of the Agreement on the Eurasian Economic Union" is obligatory for the Russian Federation according to the Federal Law of October 3, 2014, became effective on January 1, 2015.
4. When giving DT concerning goods to which measures of customs and tariff and non-tariff regulation are applicable measures of protection of the domestic market depending on goods origin, except as specified, stipulated in Item 2 articles 29 of shopping Mall EEU, the authorized officer of the customs post exercising customs control of the data on goods declared in DT given electronically (further - TsED), in the terms of release of goods provided by Items 1, of the 3 and 6 article 119 of shopping Mall EEU performs including with use of risk management system and analysis results of the data received from other sources, available customs authorities>, customs control by the analysis of the documents and (or) data placed in the Single automated information system of customs authorities (further - EAIS THAT).
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<3> Part 2 of article 225 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" (further - the Federal Law).
5. If as the document on goods origin the copy of the certificate of origin or the certificate of origin issued in electronic form is provided and Rules provide confirmation of goods origin based on the copy of the certificate of origin or the certificate of origin issued in electronic form customs control TsED authorized officers exercise.
If as the document on goods origin the original certificate about goods origin issued on paper is provided or the duplicate of the certificate of origin, authorized officers of TsED exercise customs control taking into account results of the customs control which is carried out by authorized officers of the customs authority authorized on adoption of documents <4> (further - customs post of the actual control), according to Item 6 of this Procedure.
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<4> Item 8 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 documents, the confirming data on goods origin, observance of prohibitions and restrictions approved by the order of the Ministry of Finance of the Russian Federation of March 6, 2018 No. 40n (registration No. 51214) is registered by the Ministry of Justice of the Russian Federation on May 29, 2018.
In the presence of the arrangement on use of electronic system of verification of goods origin between the Federal Customs Service and the authorized body determined by Rules, authorized officers of TsED exercise customs control by verification of information on the certificate of origin in electronic system of verification of origin <5>.
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