ORDER OF THE FEDERAL CUSTOMS SERVICE

of May 26, 2009 No. 947

About approval of the Procedure for customs control of goods and vehicles with use of mobile inspection and customs complex on customs area of the Russian Federation out of check points through frontier of the Russian Federation

List of amending documents

For the purpose of the organization of customs control of goods and vehicles with use of mobile inspection and customs complex on customs area of the Russian Federation out of check points through frontier of the Russian Federation based on the Customs code of the Russian Federation (The Russian Federation Code, 2003, N 22, the Art. 2066, N 52 (p. I), Art. 5038; 2004, N 27, Art. 2711, N 34, Art. 3533, N 46 (p. I); Art. 4494; 2005, N 30 (p. I), Art. 3101; 2006, N 1, Art. 15, N 3, Art. 280, N 8, Art. 854, N 52 (p. II), Art. 5504; 2007, N 1 (p. I), Art. 29, N 24, Art. 2831, N 27, Art. 3213, N 31, Art. 4011, N 45, Art. 5417; N 50, of Art. 6246; 2008, N 26, Art. 3022, N 48, Art. 5500, N 49, Art. 5748; 2009, N 1, 17, of the Art. 22) I order to the Art.:

1. Approve the enclosed Procedure for customs control of goods and vehicles with use of mobile inspection and customs complex on customs area of the Russian Federation out of check points through frontier of the Russian Federation (further - the Procedure).

2. To provide to chiefs of regional customs authorities reduction according to Procedure for job descriptions (official regulations) of officials of the subordinate customs authorities equipped by mobile inspection and customs complexes.

3. GNIVTS of FCS of Russia (O. P. Puchkov) till July 15, 2009 to provide modification of the bases of normative reference information and software operated in GNIVTS FCS of Russia and customs authorities.

4. Consider this order become effective since July 16, 2009.

5. To impose control of execution of this order on the deputy manager of FCS of Russia S. O. Shokhin.

 

Appendix

to the order of the Federal Customs Service of May 26, 2009 No. 947

Procedure for customs control of goods and vehicles with use of mobile inspection and customs complex on customs area of the Russian Federation out of check points through frontier of the Russian Federation

I. General provisions

1. This Procedure for customs control of goods and vehicles with use of mobile inspection and customs complex on customs area of the Russian Federation out of check points through frontier of the Russian Federation (further - the Procedure) is developed based on the Customs code of the Russian Federation (The Russian Federation Code, 2003, N 22, the Art. 2066, N 52 (p. I), Art. 5038; 2004, N 27, Art. 2711, N 34, Art. 3533, N 46 (p. I), Art. 4494; 2005, N 30 (p. I), Art. 3101; 2006, N 1, Art. 15, N 3, Art. 280, N 8, Art. 854, N 52 (p. II), Art. 5504; 2007, N 1 (p. I), Art. 29, N 24, Art. 2831, N 27, Art. 3213, N 31, Art. 4011, N 45, Art. 5417; N 50, of Art. 6246; 2008, N 26, Art. 3022, N 48, Art. 5500, N 49, Art. 5748; 2009, N 1, the Art. 17, the Art. 22) (further - the Code), the order of the State Customs Committee of Russia of September 3, 2003 N 958 "About approval of Rules of carrying out customs transactions in case of temporary storage of goods" (it is registered by the Ministry of Justice of the Russian Federation 17.10. 2003, рег. N 5183) (in edition of the order of the State Customs Committee of Russia of October 27, 2003 N 1198 (it is registered by the Ministry of Justice of the Russian Federation 17.11. 2003, рег. N 5238) and the order of FCS of Russia of September 12, 2007 N 1124 (it is registered by the Ministry of Justice of the Russian Federation 19.10. 2007, рег. N 10356), the order of the State Customs Committee of Russia of November 28, 2003 N 1356 "About approval of the Instruction about actions of officials of the customs authorities performing customs clearance and customs control during the declaring and release of goods" (in edition of the order of the State Customs Committee of Russia of June 28, 2004 N 746 and orders of FCS of Russia of August 3, 2004 N 10, of April 10, 2006 N 319, of January 12, 2007 N 15, of January 11, 2008 N 11, of June 23, 2008 N 759, of July 4, 2008 N 819), the order of the State Customs Committee of Russia of October 20, 2003 N 1166 "About forms of acts of customs examination (survey) of goods and vehicles" (it is registered by the Ministry of Justice of the Russian Federation 13.11. 2003, рег. N 5236), the order of the State Customs Committee of Russia of September 8, 2003 N 973 "About approval of the instruction about making of customs transactions in case of internal and international customs transit of goods" (it is registered by the Ministry of Justice of the Russian Federation 13.11. 2003, рег. N 5228) (in edition of the orders # of FCS of Russia of August 11, 2006 N 762 (it is registered by the Ministry of Justice of the Russian Federation 07.09. 2006, рег. N 8225), the order of FCS of Russia of January 11, 2008 N 11 "About approval of the Instruction about actions of officials of customs authorities by preparation and consideration of projects of risk profiles, application of risk profiles in case of customs control, their updating and cancellation" (in edition of orders of FCS of Russia of June 18, 2008 N 749 and of July 17, 2008 N 876).

2. The procedure determines features of the organization of customs control of goods and vehicles with use of the mobile inspection and customs complex (MICC) on customs area of the Russian Federation in customs control zones out of check points through frontier of the Russian Federation, and also the sequence of actions of authorized officers of customs authorities which treat:

customs control in the form of customs examination of goods and vehicles with use of the technical tool of customs control (TTCC) - MIDK;

creation of the act of customs examination (survey) of goods and vehicles in the established form with reflection in the specified act of data on application during survey of TSTK - MIDK, with appendix to the act of examination (survey) of x-ray images and in need of comments to them;

transfer of the act of customs examination (survey) of goods and vehicles (with appendix of x-ray images and in need of comments to them) to the authorized officer of customs authority for decision making about carrying out customs goods inspection and vehicles according to the procedure, stipulated in Article 372 Codes.

3. Customs examination of goods and vehicles with use of MIDK can be performed concerning goods and vehicles in limits, admissible by technical capabilities of MIDK, except as specified, specified in items 4 and 5 About.

4. Customs examination of goods and vehicles with use of MIDK is not carried out in cases if:

dimensions of the vehicle (goods) do not correspond to technical capabilities of MIDK;

the transported goods are not subject to x-ray research with use of MIDK (live animals).

5. Customs examination of goods and vehicles with use of MIDK is not obligatory if the decision on carrying out customs goods inspection and vehicles is made, or goods and vehicles were exposed to customs examination with use of the inspection and customs complex (ICC) in the place of their arrival on customs area of the Russian Federation.

6. Customs examination of goods and vehicles with use of MIDK is carried out:

if need of carrying out customs examination of goods and vehicles with use of MIDK is established as a result of application of risk management system;

for check (in the presence of opportunity) reliability of data on quantity of cargo pieces, quantity and types of goods;

in case of possibility of identification of goods, recalculation of cargo pieces without opening of the vehicle or its cargo compartments;

when loading the vehicle at the rate of less than 30% of the total amount of the cargo compartment;

in the presence of the written appeal of carrier.

II. Operations procedure of officials when carrying out customs examination of goods and vehicles with use of MIDK in case of customs clearance of goods

7. The authorized officer of customs authority of appointment (departure) performing verification of documents and data (daleedokumentalny control) after decision making about carrying out customs examination using MIDK:

a) puts down the mark "Is Subject to Customs Examination with Use of MIDK", dates and assures print of personal number seal on the copy of one of the following documents remaining in cases of customs authority:

- in columns "E", "E/J" of sets TD1, TD3 of the cargo customs declaration (CCD) respectively, or in case of declaration of goods and (or) vehicles in the application form on empty seat of the copy of the application if the decision on carrying out customs examination using MIDK is made when declaring;

- on empty seat of the transport (transportation) document in case of completion of internal customs transit;

b) enters the corresponding data on application of MIDK in the electronic report on results of application of measures for risk minimization according to statutory rules of filling of the report;

c) transfers to the shift supervisor of MIDK the specified copy of GTD, the transport (transportation) document or statement with the enclosed document package, and also the acknowledgment copy for arrival of the vehicle;

d) informs carrier (freight forwarder) or the representative of warehouse of the temporary storage which accepted goods and vehicles on storage (further - the interested person), about need of the goods delivery and vehicles to the working area of MIDK, hands it the Instruction sheet for the driver of the vehicle in case of the direction of the vehicle for passing of customs examination with use of x-ray installation - mobile inspection and customs complex (appendix to the Procedure).

8. The vehicle directed for passing of customs examination of goods and vehicles with use of MIDK follows to the working area of MIDK. Moving of the vehicle to the working area of MIDK and departure from it are allowed only with the permission of the authorized officer of customs authority.

9. The authorized officer of customs authority responsible for the organization of movement of the vehicles allocated for passing of customs examination of goods and vehicles with use of MIDK and placement of vehicles in the working area of MIDK, designates the working area of MIDK the special technical means (warning information signs), controls process of the placement of vehicles to the working area of MIDK and departure of vehicles of the working area.

10. Authorized officers of customs authority when carrying out customs examination of goods and vehicles with use of MIDK control observance of requirements of labor protection, watch lack of mistakes (alarms) in operation of the equipment of MIDK, will organize carrying out the following procedures:

x-ray scanning of goods and vehicles;

representation from the interested person and the analysis of transport (transportation) documents with the received x-ray images;

transfer, preserving, archiving of images and (or) data on goods and vehicles.

11. The authorized officer of customs authority performing the analysis of MIDK of images received when using (further - the operator of MIDK), researches, analyzes and compares the data specified in the documents submitted by the interested person with the data received in analysis result of the x-ray image for the purpose of detection of their discrepancy, detection of signs of violations of the customs legislation or risks.

12. In identification cases during customs examination with use of MIDK of signs of violations of the customs legislation or the operator of MIDK is reckless:

reports on the shift supervisor of MIDK on the revealed signs of violations of the customs legislation or risks;

in accordance with the established procedure draws up the statement of customs examination (survey) with use of MIDK with appendix to it of x-ray images and in need of comments to them, at the same time registers the act of customs examination (survey) in the magazine of registration of acts of customs examination (survey) of goods and vehicles of customs authority in which region of activities application of MIDK was performed;

transfers the drawn-up inspection report (examination) to the authorized officer of customs authority of appointment (departure) exercising documentary control and at the same time informs him on the revealed signs of violations of the customs legislation or risks.

13. If as a result of customs examination of goods and vehicles with use of MIDK signs of violations of the customs legislation or risks, the authorized officer of customs authority of appointment (departure) exercising documentary control are revealed:

makes the record "Signs of Violations Are Revealed (Risk)" with indication of number of the act of customs examination (survey) with use of MIDK near the mark which is put down on the document according to the subitem "an" of Item 7 of the Procedure;

specifies number of the act of customs examination (survey) with use of MIDK in the respective field of the electronic copy of GTD according to statutory rules of filling;

enters the corresponding data on results of application of MIDK in the electronic report on results of application of measures for risk minimization according to statutory rules of filling of the report.

14. About results of customs examination of goods and vehicles with use of MIDK in cases if signs of violations of the customs legislation or risks are revealed, the authorized officer of customs authority of appointment (departure) exercising documentary control informs the authorized officer of customs authority responsible for decision making on carrying out customs goods inspection and vehicles.

15. If as a result of customs examination of goods and vehicles with use of MIDK signs of violations of the customs legislation or risks on empty seat are not revealed: the back of GTD, the transport (transportation) document or the statement the operator of MIDK puts down mark "Is inspected with use of MIDK. Violations are not revealed", dates and assures print of personal number seal. At the same time the statement of customs examination is not drawn up, and the authorized officer exercising documentary control enters the corresponding data on results of application of MIDK in the electronic report on results of use of risks according to statutory rules and in oral form informs carrier on the decision made by results of customs examination of goods and vehicles with use of MIDK.

III. Final provisions

16. The re-deployment of MIDK is performed according to the procedure established by the order of FCS of Russia of October 30, 2007 N 1332 "About approval of the Procedure for customs control of goods and vehicles with use of mobile inspection and customs complex at the automobile check point through frontier of the Russian Federation".

17. In case of need carrying out for the purpose of customs control of customs examination of goods and vehicles with use of MIDK on customs area of the Russian Federation out of check points through frontier of the Russian Federation by authorized officers of customs authorities can be made in the presence of the staff of operational search divisions of customs authorities (the initiator of carrying out customs examination with use of MIDK) with creation of the temporary customs control zone. At the same time the shift supervisor of MIDK puts down necessary marks in copy of the transport (transportation) document with marks of boundary customs authority.

 

Appendix

to the Procedure

The instruction sheet for the driver of the vehicle in case of the direction of the vehicle for passing of customs examination with use x-ray ustanovkiinspektsionno-customs complex (mobile inspection and customs complex)

1. Actions of the transport driver performing movement of goods:

- deliver the vehicle on the parking at entrance on the territory of the inspection and customs complex (ICC);

- wait for the permitting signal of the traffic light and instructions of the official of customs authority on entrance to IDK tunnel;

- stop the vehicle in the place specified by the official of customs authority;

- deliver the vehicle in IDK tunnel on the emergency brake, kill the engine, leave the vehicle together with all people who are in it, to take away valuable things with itself;

- wait in the specified place;

- not enter customs tunnel of IDK until the official of customs authority does not give on this permission;

- follow the instructions received in case of departure from IDK territory.

2. It is necessary to know that:

- x-ray check does not do harm to health;

- during x-ray check finding of people and live animals in the vehicle is forbidden (if you have bases to assume that in the vehicle there are people, inform on it the official of customs authority);

- x-ray check cannot affect photographic materials, such as film, not shown photographic paper or not developed x-ray film;

- x-ray check does not influence the vehicle and its equipment.

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* Phone numbers of the relevant divisions of customs authority are specified.

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