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DECISION OF THE COMMISSION OF CUSTOM UNION

of July 15, 2011 No. 728

About procedure for application of exemption of customs duties when importing separate types of goods to single customs area of the Customs union  

(as amended on 23-04-2021)

The commission of the Customs union solved:

1. Approve the Procedure for application of exemption of customs duties when importing separate types of goods to single customs area of the Customs union it (is applied).

2. Bring in Item 7 of the Decision of the Commission of the Customs union of November 27, 2009 No. 130 "On single customs and tariff regulation of the Customs union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" the following changes:

exclude subitems 7.1.3 and 7.1.5;

in subitem 7.1.11 to add paragraph two after the words "are not made" with words "(or are made in quantity, insufficient for implementation of the investment project)";

state subitem 7.1.15 in the following edition:

"7.1.15. The aviation engines, spare parts and the equipment necessary for repair and (or) maintenance of civilian passenger airliners and (or) aviation engines to them.

Realization (sale) of the aviation engines, spare parts and the equipment necessary for repair and (or) maintenance of the civilian passenger airliners and (or) aviation engines to them imported with exemption of import customs duties is allowed only to persons, one of types of activity of which is operation and (or) repair and (or) maintenance of civilian passenger airliners, or the activities connected with providing specified persons with such aviation engines, spare parts and the equipment.".

3. Before establishment by the Commission of the Customs union of procedure for application of exemption of import customs duties the specified tariff privilege is applied to the types of goods determined by subitem 7.1.11 of the Decision of the Commission of the Customs union of November 27, 2009 No. 130 "On single customs and tariff regulation of the Customs union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" according to the procedure, acting in state member of the Customs union.

4. This Decision becomes effective from the date of its official publication.

Members of the commission of the Customs union:

from the Republic of Belarus

 

S. Rumas 

from the Russian Federation

I. Shuvalov

from the Republic of Kazakhstan

Zh. Aytzhanova

Approved by the Decision of the Commission of the Customs union of July 15, 2011, No. 728

Procedure for application of exemption of customs duties when importing separate types of goods to single customs area of the Customs union

1. This Procedure is developed according to Item 3 of Article 6 and the subitem 5 of Item 1 of article 8 of the Agreement on single customs and tariff regulation of January 25, 2008 (dalee-Soglasheniye).

2. Types of goods, imported on single customs area of the Customs union and exempted from customs duties, are determined by Item 3 of Article 5, Item 1 of article 6 of the Agreement, and also decisions of the Commission of the Customs union (further - the Commission).

3. The documents determined by this Procedure and also the documents provided by the subitem 10 of Item 1 of Article 183 and article 184 of the Customs Code of the Customs Union based on which release from customs duties is provided move in customs authority of state member of the Customs union taking into account Item 2 of article 191 of the Customs Code of the Customs Union.

4. The goods imported from the third countries as contribution of the foreign founder to the authorized (share) capital (fund) within the terms established by constituent documents for forming of this capital (fund) are exempted from payment of customs duties according to the procedure and on the conditions provided by regulatory legal acts of state member of the Customs union.

If the procedure and conditions of release of such goods from payment of customs duties are not established by the legislation of state member of the Customs union, the tariff privilege is provided concerning the goods (except for excisable) relating to the fixed business assets in case of submission to customs authority of the foundation agreement and (or) the charter with indication of the size, structure, terms and procedure for introduction of deposits to the authorized (share) capital (fund).

In case of exit of the foreign person from the list of founders (members) of the organization which used the tariff privilege in the form of exemption of customs duties, and also when making by this organization of the transactions providing transition of the property right to the goods imported with release from customs duties or by transfer of such goods to temporary use, the obligation on payment of customs duties is subject to execution according to the customs legislation of the Customs union.

5. The goods imported on customs area of the Customs union within international cooperation in the field of research and use of space, including rendering services in start of spacecrafts, according to the Inventory, imported on customs area of the Customs union within international cooperation in the field of research and use of space, including rendering services in the start of spacecrafts approved by the Commission of the Customs union are exempted from payment of customs duties on condition of submission to customs authority of state member of the Customs union of confirmation of public authority of state member of the Customs union authorized in the field of space activities about purpose of goods within international cooperation of state member of the Customs union in the field of research and use of space, including rendering services in start of spacecrafts.

In case of realization or transfer in other form of the specified goods to persons who are not participating in international cooperation in the field of research and use of space, including rendering services in start of spacecrafts, customs duties are subject to payment (collection) according to the customs legislation of the Customs union.

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