The agreement on procedure for movement by physical persons of goods for private use through customs border of custom union and making of the customs transactions connected with their release

of June 18, 2010

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation which are hereinafter referred to as with the Parties

based on provisions of the Agreement on creation of single customs area and forming of custom union of October 6, 2007 and the Agreement on the Customs Code of the Customs Union of November 27, 2009,

being guided by the conventional principles and rules of international law,

agreed as follows:

I. General provisions

Article 1. Procedure for movement by physical persons of goods for private use

1. This agreement determines procedure for movement by physical persons through customs border of custom union (further customs border) goods for private use, including vehicles, and making of the customs transactions connected with their release.

The procedure for movement by physical persons of goods for private use through customs border determines:

criteria of reference of goods to goods for private use;

cost, quantitative and weight regulations of movement of goods for private use with exemption of customs payments;

cases of exemption of customs payments of separate types of goods for private use;

procedure for application of customs duties, taxes concerning goods for private use.

2. The legal relationship arising in connection with movement by physical persons of goods for private use through customs border, which are not settled by this agreement are determined by the customs legislation of custom union and (or) the legislation of state member of custom union.

3. Are determined by the customs legislation of custom union:

procedure for movement by physical persons of cash (money) and (or) monetary instruments through customs border;

features of movement through customs border of the goods for private use which are exported from the territory of the Kaliningrad region of the Russian Federation and imported on other part of customs area of custom union, including through the territory of the state which is not the member of custom union, and also exported from other part of customs area of custom union and imported on the territory of the Kaliningrad region of the Russian Federation.

Article 2. The terms used in this agreement

1. For the purposes of this agreement the following terms and their determinations are used:

1) car - motor-vehicles:

cars the automobile and other motor vehicles intended, mainly, for transportation of people, classified in goods item 8703 single Commodity nomenclatures of foreign economic activity of custom union (further - FEACN CU) except for specified in paragraph three of this subitem (further - cars);

the ATVs, snowmobiles and other automobile vehicles classified in goods item 8703 FEACN CU, not intended for movement on public roads;

the motorcycles, mopeds, motor scooters classified in goods item 8711 FEACN CU;

motor vehicles for transportation no more than 12 people, including the driver, 8702 FEACN CU classified in goods item, motor vehicles for transportation of goods with complete weight up to 5 tons classified in goods items of 8704 21 and 8704 31 FEACN CU;

2) date of arrival (resettlement) of physical person on the permanent residence in state member of custom union - date of issue of the document confirming receipt of the status of the refugee, displaced person, or recognition of person arrived (moved) to the permanent residence to state member of custom union according to the legislation of this state;

3) seafood - the Crustacea classified in goods item 0306 FEACN CU, except for the spiny lobsters classified in goods item of 0306 21 000 0 FEACN CU, the lobsters classified in goods item of 0306 22 FEACN CU, the shrimps classified in goods item of 0306 23 FEACN CU;

4) indivisible goods for private use - goods for private use, weighing more than 35 kilograms, consisting of one unit or one set of goods, including moved in the sorted, not collected, incomplete or incomplete type provided that the goods have the main property of collected, complete or complete goods. Completeness can be determined based on the data provided by the manufacturer, the seller or the sender of goods on labels in passports of products, warranty cards, pack lists, other documents, and also proceeding from the commonly accepted (traditional) use of such goods or set answering to their functional purpose;

5) system of double corridor - the simplified system of customs control allowing the physical persons following through customs border to perform the independent choice between "red" corridor (with customs declaration of goods for private use in writing) and "green" corridor;

6) the customs duties, taxes levied at the single rate - the total amount of customs duties, taxes estimated concerning the goods for private use moved with physical person without separation into the constituting customs duties, taxes;

7) the goods which were in the use - the goods having visible signs socks, washings, operation;

8) family members - the spouses and the spouse consisting in the registered scrap, the parents, children, adoptive parents adopted brothers and sisters, the grandfather (grandfather), the grandmother (grandma), grandsons and disabled dependents.

2. Other terms used in this agreement are applied in the values established by the customs legislation of custom union and (or) the legislation of state members of custom union.

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