Approved by the Decision of Council of heads of states of the Commonwealth of Independent States on Bases of customs legislations of the State Parties of the Commonwealth of Independent States of February 10, 1995

Bases of customs legislations of the State Parties of the Commonwealth of Independent States

Bases of customs legislations of the State Parties of the Commonwealth of Independent States (further - Bases) determine the principles of legal, economic and organizational regulation of customs affairs of the State Parties of the Commonwealth (further - the states) behind which the right of introduction of other regulations which are not contradicting these Bases remains.

Section I. General provisions

Chapter 1. Customs affairs

Article 1. Customs affairs

The customs affairs are constituted by customs policy of the states, and also procedure and conditions of movement through customs border of goods and vehicles, collections of customs payments, customs clearance, customs control and other means of carrying out customs policy to life.

The customs affairs belong to maintaining the supreme bodies of legislative and executive power of the states.

The states aim at active participation in international cooperation in the field of customs affairs. The customs affairs in the states develop in the direction of harmonization and unification with the commonly accepted international standards and practice.

Article 2. Customs policy

Customs policy is component of domestic and foreign policy of the states.

Article 3. Customs area and customs border of the state

Each state has the customs area which is constituted by the overland territory, territorial and internal waters and airspace over them.

The customs area of the state includes the artificial islands which are also in sea exclusive economic zone, installations and constructions over which the state has the exclusive jurisdiction concerning customs affairs.

Limits of customs area of the state, and also perimeters of free customs zones and free warehouses are customs border of the state.

Article 4. Customs affairs and international economic integration

For the benefit of development and strengthening of the international economic integration of the state conclude among themselves and with other states which are not entering the Commonwealth of Independent States, agreements on customs questions according to rules of international law.

Article 5. Customs legislation

The customs legislation of the states is component of the national legal system of each state.

In customs affairs the acts of the legislation existing on the date of adoption by customs authority of the customs declaration and other documents, except as specified, provided by the national legal system of the states are applied. In case of illicit movement of goods and vehicles through customs border of the state day of the actual movement of goods and vehicles through it is considered in such afternoon.

Chapter 2. Organization of customs affairs

Article 6. Customs authorities

The customs affairs are directly performed by the customs authorities of the states which are law enforcement agencies.

Direct management of customs affairs in the states is performed by their central customs authorities. Regulations on the central customs authority, its tasks, functions and competence are determined by the national legal system.

Any state bodies, except the supreme bodies of legislative and executive power of the state having no right to make the decisions affecting competence of customs authorities to carry out without the corresponding admission or to change them to function, to assign to them additional tasks or to interfere otherwise with activities of these bodies which correspond to the national legal system.

Article 7. Customs laboratories, research establishments and educational institutions, companies and organizations subordinated to the central customs authority

For conducting examinations and researches of goods in the customs purposes the central customs authority creates customs laboratories.

For the purpose of carrying out research works in the field of customs affairs, training and increase in their qualification in system of the central customs authority are effective scientifically - research organizations and educational institutions.

The central customs authority of the state creates computer centers, printing, stroitelno - operational and other companies and the organizations which activities promote the solution of the tasks assigned to customs authorities.

Article 8. Main functions of customs authorities

Customs authorities perform the following main functions:

1) participate in development of customs policy of the state and realize this policy;

2) provide compliance with law, control of which execution is imposed on customs authorities; take measures for protection of the rights and interests of citizens, the companies, organizations and organizations when implementing customs affairs;

3) ensure the economic safety of the state which is economic basis of sovereignty of the state within the competence;

4) is protected by economic interests of the state;

5) is applied by means of customs regulation торгово - the economic relations;

6) collect customs duties, taxes and other customs payments;

7) participate in development of measures of economic policy concerning the goods moved through customs border of the state realize these measures;

8) provide observance of allowing procedure for movement of goods and vehicles through customs border of the state;

9) combat smuggling, customs offenses and the tax legislation relating to the goods moved through customs border of the state stop illicit trafficking through customs border of the state of the drugs, weapon, objects of art, historical and archaeological property, intellectual property items, animal species and plants which are under the threat of disappearance, their parts and derivatives, other goods and also render assistance in fight against the international terrorism and suppression of illegal intervention in the airports in activities of international civil aviation;

10) are exercised and enhance customs control and customs clearance, create the conditions promoting acceleration of goods turnover through customs border of the state;

11) conduct customs statistics of foreign trade and special customs statistics;

12) keep the commodity nomenclature of foreign economic activity;

13) promote implementation of measures for protection of state security, public order, morality of the population, life and health of the person, protection of animals and plants, protection of the surrounding environment, protection of interests of domestic consumers of imported goods;

14) exercise currency exchange control within the competence;

15) provide accomplishment of the international obligations of the state in the part concerning customs affairs; participate in development of the international treaties mentioning customs affairs; perform cooperation with the customs and other competent authorities of foreign states, the international organizations dealing with issues of customs affairs;

16) is carried out by research works and consultation in the field of customs affairs; perform preparation, retraining and advanced training of specialists in this area for state bodies, the companies, organizations and the organizations;

17) realize single financial and economic policy, develop material and social base of customs authorities, create necessary working conditions for employees of these bodies.

By the national legal system other functions also can be assigned to customs authorities.

Article 9. Regulations of the central customs authority of the state

The central customs authority of the state publishes within the competence regulations on customs affairs, obligatory for execution of the state by all customs authorities and other state bodies, companies, organizations and organizations irrespective of patterns of ownership and subordination, and also officials and citizens.

Regulations of the central customs authority of the state of general nature become effective after thirty days after their publication by the central customs authority, except as specified, when these acts determine more preferential rules, than those which are effective or if acts of the national legal system oblige the central customs authority to enact regulations on customs affairs in shorter terms.

Article 10. Interaction of customs authorities with other state bodies, the companies, organizations, the organizations and citizens

Customs authorities for the purpose of the solution of tasks of customs affairs interact with other law enforcement and other state bodies, the companies, organizations, the organizations and citizens.

State bodies and their officials shall render assistance to customs authorities in the solution of the tasks assigned to them.

According to the national legal system customs authorities have the right to allow accomplishment under the control of the separate actions which are within their competence, other state bodies, the companies, organizations and the organizations.

Article 11. The basic concepts used in these Bases

In these Bases the basic concepts in the following values are used:

1) the states - the State Parties of the Commonwealth of Independent States which accepted these Bases;

2) goods - any dvizh

my property, including currency, currency values, electric, thermal, other types of energy and vehicles, except for the vehicles specified in Item 5 of this Article;

3) domestic goods - the goods coming from the state or the goods issued in free circulation in the territory of this state;

4) foreign goods - the goods which are not specified in Item 3 of this Article;

5) vehicles - any means used for international carriages of passengers and goods including containers and other transport equipment;

6) movement through customs border of the state - making of actions for import to customs area of the state or to export from this territory of goods or vehicles in any manner, including transfer in the international mailings, use of pipeline transport and power lines. Treat the specified actions:

in case of commodity importation or vehicles on customs area of the state and when importing from the territory of free customs zones and from free warehouses on other part of customs area of the state - the actual crossing of customs border;

in case of commodity exportation or vehicles from customs area of the state and in case of commodity importation or vehicles from other part of customs area of the state on the territory of free customs zones and on free warehouses - submission of the customs declaration or other action which is directly directed to intention realization respectively to export or import goods or vehicles;

7) persons - the companies, organizations and the organizations, and also physical persons, except as specified, when other follows from provisions of these Bases;

8) domestic persons - the companies, organizations and the organizations with the location in the state created according to the national legal system; the persons who are engaged in business activity without formation of legal entity, registered in the territory of the state; the citizens of the state having the permanent residence in this state;

9) foreign persons are persons who are not specified in Item 8 of this Article;

10) persons moving goods - persons who are owners of goods, their buyers, owners or speakers in other quality sufficient according to the national legal system for making with goods of the actions provided by these Bases from own name;

11) the customs applicant - person moving goods and the customs agent (the broker, the intermediary) declaring, representing and showing goods and vehicles from own name;

12) carrier - the person which is actually moving goods or being responsible for use of the vehicle;

13) customs regime - set of the provisions determining the status of goods and vehicles, moved through customs border of the state for the customs purposes;

14) release - transfer by customs authorities of goods or vehicles after their customs clearance in the complete order of person;

15) conditional release - the release of goods and vehicles integrated to obligations of person about observance of the set restrictions, requirements or conditions;

16) customs clearance - the procedure of goods placement and vehicles under certain customs regime and completion of action of this mode according to requirements and provisions of these Bases;

17) customs control - set of the measures performed by customs authorities for the purpose of ensuring compliance national including customs, the legislation and international treaties of the state, control of which execution is imposed on customs authorities;

18) measures of economic policy - the import restrictions and commodity exportation and vehicles established for reasons of economic policy of the state which can include quoting, licensing, establishment of the minimum and maximum prices, and also other measures of regulation of interaction of national economy with the world economy;

19) customs payments - the customs duty, taxes, customs duties, charges on the issue of licenses and other payments levied in accordance with the established procedure by customs authorities;

20) customs duty - the payment levied by customs authorities in case of commodity importation on customs area of the state or commodity exportation from this territory and which is the integral condition of such import or export;

21) taxes - taxes which collection according to the national legal system is assigned to customs authorities.

Section II. Movement through customs border of the state of goods and vehicles. Customs regimes

Chapter 3. Basic principles of movement of goods and vehicles

Article 12. The right of import to the territory of the state and export from this territory of goods and vehicles

All persons on an equal basis have the right to import and commodity exportation and vehicles.

Nobody can be deprived of the right or is limited in the right to import and commodity exportation and the vehicles, except as specified, provided by these Bases and legal acts of the state.

Article 13. Prohibition of import to the territory of the state and export from this territory of goods and vehicles

Import to the territory of the state and export from this territory of separate goods and vehicles can be prohibited for reasons of state security, protection of public order, morality of the population, life and health of the person, protection of animals and plants, protection of the surrounding environment, protection of art, historical and archaeological property of the people, protection of the property rights, including to intellectual property items, protection of interests of domestic consumers of imported goods, and also proceeding from other interests of the state according to the national legal system and international treaties of the state.

The specified goods and vehicles are subject respectively to immediate export out of limits of the territory of the state or to return on the territory of this state if confiscation of these goods and vehicles according to the national legal system and international treaties of the state is not provided.

Export or return of goods and vehicles is made by person moving goods or carrier on own account. In case of impossibility or in case of non-realization of immediate export or return goods and vehicles are transferred to storage on warehouses of temporary storage which owners are customs authorities. The deadline of storage of such goods and vehicles in the specified warehouses constitutes three days.

Article 14. Import restrictions on the territory of the state and export from this territory of goods and vehicles

On import to the territory of the state and export from this territory of goods and vehicles restrictions for the benefit of economic policy, accomplishment of the international obligations of the state, protection of economic basis of sovereignty of the state, protection of the domestic consumer market as response measure on the discrimination or other infringing interests of domestic persons of the share of foreign states and their unions and on other rather major cases according to the national legal system and international treaties of the state can be set.

The expenses which arose at person moving goods or at carrier in connection with introduction of the specified restrictions are not compensated by state bodies.

Article 15. Procedure for movement of goods and vehicles through customs border of the state

Movement of goods and vehicles through customs border of the state is made according to their customs regimes according to the procedure, provided by these Bases and the national legal system.

Article 16. Types of customs regimes of goods and vehicles

For the purpose of customs regulation the following types of customs regimes of goods and vehicles are established:

1) release for free circulation;

2) reimport;

3) transit;

4) customs warehouse;

5) duty-free shop;

6) conversion on customs area;

7) conversion under customs control;

8) temporary import (export);

9) free customs zone;

10) free warehouse;

11) outward processing;

12) export;

13) re-export;

14) destruction;

15) refusal for benefit of the state.

Article 17. Additional customs regimes

The customs regimes which are not provided by these Bases can be set by the national legal system of the state.

Article 18. Choice and change of customs regime

Person has the right to choose any customs regime at any time or to change it to another, irrespective of nature, quantity, country of source or purpose of goods and vehicles if other is not provided by these Bases and the national legal system.

Article 19. Customs clearance and customs control

Goods and vehicles are subject to customs clearance and customs control according to the procedure and on the conditions provided by these Bases and the national legal system.

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