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DECISION OF THE COMMISSION OF CUSTOM UNION

of May 20, 2010 No. 258

About procedure for conducting customs examination when carrying out customs control

According to Chapter 20 of the Customs Code of the Customs Union the Commission of custom union solved:

1. Approve the Procedure for conducting customs examination when carrying out customs control it (is applied).

2. This decision becomes effective from the effective date the Agreement on the Customs Code of the Customs Union approved by the Decision of Interstate Council of Eurasian economic community (the supreme body of custom union) at the level of heads of states of November 27, 2009 No. 17.

Members of the commission of custom union:

 

From the Republic of Belarus A. Kobyakov

From the Republic of Kazakhstan U. Shukeev

From the Russian Federation I. Shuvalov

 

 

Approved by the Decision of the Commission of custom union of May 20, 2010, No. 258

Procedure for conducting customs examination when carrying out customs control

I. General provisions

1. The procedure for conducting customs examination when carrying out customs control (further - the Procedure) is developed for the purpose of realization of provisions of Chapter 20 of the Customs Code of the Customs Union (further - the Code).

2. This Procedure determines the organization and procedure for conducting customs examination, including repeated when carrying out customs control by customs experts (experts).

II. The terms used in this Procedure

3. In this Procedure the following terms and their determinations are used:

1) central customs authorities:

for the Republic of Belarus - the State Customs Committee of the Republic of Belarus;

for the Republic of Kazakhstan - the Customs Control Committee of the Ministry of Finance of the Republic of Kazakhstan;

for the Russian Federation - the Federal Customs Service.

2) the customs authority which is carrying out customs expertize:

for the Republic of Belarus - customs authority in which there is structural division which is carrying out customs expertize;

for the Republic of Kazakhstan - the Central customs laboratory;

for the Russian Federation - the Central expert and criminalistic customs authority.

3) structural divisions of the customs authority which is carrying out customs expertize:

for the Republic of Belarus - the structural divisions of customs authority which are carrying out customs expertize;

for the Republic of Kazakhstan - regional customs laboratories;

for the Russian Federation - expert and criminalistic services, expert and research departments (departments) of the Central expert and criminalistic customs authority.

III. The direction of materials, documents, tests and samples for conducting customs examination

4. When conducting customs examination the authorized officer of customs authority which appointed customs examination sends to the head of customs authority or other authorized organization which is carrying out customs expertize, the decision on purpose of customs examination and materials, documents, the tests and samples necessary for its carrying out with indication of permission to modification, partial or elimination, destruction of materials, documents, tests and samples of research.

5. The form of the decision on purpose of customs examination is established by the legislation of state members of custom union.

IV. Acceptance of materials, documents, tests and samples for conducting customs examination

6. The decision on purpose of customs examination and the materials attached to it, documents, tests and samples are accepted by customs authority or other authorized organization which is carrying out customs expertize in day of their receipt.

7. The materials attached to the decision on purpose of customs examination, documents, tests and samples are accepted in the packed and sealed type. Packaging bears explanatory texts and excludes possibility of access to content without its damage.

If materials, documents, tests and samples are not packed, about lack of packaging it is specified in the decision on purpose of customs examination.

V. Organization of conducting customs examinations

8. Customs expertize is carried out, as in customs authority or other authorized organization which is carrying out customs expertize and out of if it is necessary on nature of research, or owing to impossibility to deliver materials, documents, tests and samples to customs examination.

9. The organization of conducting customs examinations is assigned to the head of customs authority or other authorized organization which is carrying out customs expertize.

10. The head of the customs authority which is carrying out customs expertize, the part of the powers having the right to delegate on the organization of conducting customs examinations to the deputies and heads of structural divisions of the customs authority which is carrying out customs expertize.

11. The materials which arrived for customs examination, documents, tests and samples are considered by the head of customs authority or other authorized organization which is carrying out customs expertize and are transferred to the contractor during the working day, and in case of their receipt to non-working days - in the first working day following day off or in the holiday.

12. By consideration of the arrived materials, documents, tests and samples for customs examination the head of customs authority or other authorized organization which is carrying out customs expertize studies the decision on purpose of customs examination, amount of the forthcoming research and on this basis determines:

the specific contractor (contractors) of customs examination, and also the leading customs expert (expert) when conducting commission or complex customs examination;

term of production of customs examination;

procedure for attraction to conducting customs examination of specialists of other expert, scientific and other institutions.

The head of customs authority or other authorized organization which is carrying out customs expertize explains to the customs expert (expert) of its right and responsibility, stipulated by the legislation state member of custom union.

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