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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 30, 2011 No. 1239

About approval of Rules of replacement of products of conversion with equivalent foreign goods in case of conversion of goods out of single customs area of the Customs union if transactions on conversion is paid (paid) repair, and also when moving goods of the Customs union within EurAsEC by pipeline transport

According to part 3 of article 261 of the Federal law "About Customs Regulation in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of replacement of products of conversion by equivalent foreign goods in case of conversion of goods out of single customs area of the Customs union if transactions on conversion is paid (paid) repair, and also when moving goods of the Customs union within EurAsEC by pipeline transport.

2. This resolution becomes effective after 30 days after day of its official publication.

 

Russian Prime Minister V. Putin

Approved by the order of the Government of the Russian Federation of December 30, 2011 No. 1239

Rules of replacement of products of conversion with equivalent foreign goods in case of conversion of goods out of single customs area of the Customs union if transactions on conversion is paid (paid) repair, and also when moving goods of the Customs union within EurAsEC by pipeline transport

1. These rules determine replacement procedure of products of conversion by equivalent foreign goods in case of application of customs procedure of conversion out of single customs area of the Customs union (further - customs area) if transactions on conversion is the repair performed on paid (paid) basis and also when moving the goods of the Customs union within EurAsEC (further - the Customs union) placed under customs procedure of outward processing, pipeline transport.

2. According to Item 1 of article 259 of the Customs Code of the Customs Union replacement of products of conversion with equivalent foreign goods is allowed with the permission of customs authority.

Permission of customs authority to replacement of products of conversion with equivalent foreign goods (further - permission to replacement) can be issued along with issue of the permission to conversion of goods out of customs area provided by part 1 of article 258 of the Federal law "About Customs Regulation in the Russian Federation" (further permission to conversion), or after issue of permission to conversion.

3. For receipt of permission to replacement person getting permission to conversion out of customs area specifies the following data in the statement for conversion of goods:

a) names of equivalent foreign goods, their code according to the single Commodity nomenclature of foreign economic activity of the Customs union and quantity;

b) the description, quality and technical characteristics of equivalent foreign goods (including date of their production in case of making of transactions on repair of goods);

c) information on import of equivalent foreign goods to customs area before export out of limits of the Customs union of the goods placed under customs procedure of outward processing (if it is supposed).

4. The customs authority makes the decision on issue of permission to replacement in case of representation by person getting permission to conversion, the documents confirming observance of the following conditions:

a) the description, quality and technical characteristics of equivalent foreign goods and products of conversion match;

b) products of conversion of the goods of the Customs union which were in the use are supposed to be replaced with the equivalent foreign goods which were in the use (if transactions on repair of goods are performed);

c) the possibility of replacement of products of conversion with equivalent foreign goods is provided by the service provision agreement on repair of goods of the Customs union or conversion of the goods of the Customs union moved with pipeline transport;

d) products of conversion are replaced with the equivalent foreign goods which are products of person who is directly making transactions on conversion according to the issued permission to conversion and imported on customs area from the state in the territory of which this person is located.

5. In case of decision making about issue of permission to replacement the customs authority in the corresponding Item of permission to conversion specifies that such replacement is resolved.

6. In case of need for replacement of products of conversion with equivalent foreign goods after receipt by person of permission to conversion such person gives to the customs authority which issued permission to conversion, the statement for replacement of products of conversion with equivalent foreign goods constituted in any written form with indication of data, stipulated in Item 3 these rules and provision of the documents confirming conditions, stipulated in Item 4 these rules.

In this case in case of decision making about issue of permission to replacement the customs authority makes the corresponding additions to permission to conversion.

7. The customs authority makes the decision on issue of permission to replacement:

a) in case of consideration of question of issue of permission to replacement along with consideration of the application about conversion of goods out of customs area - in the terms established by part 5 of article 259 of the Federal law "About Customs Regulation in the Russian Federation";

b) in case of consideration of the application about replacement of products of conversion with equivalent foreign goods after issue of permission to conversion - in the terms established by part 4 of article 258 of the Federal law "About Customs Regulation in the Russian Federation".

8. In case of non-compliance with provisions of Items 3 and 4 of these rules person getting (got) permission to conversion is notified by customs authority on refusal in issue of permission to replacement in writing within terms, stipulated in Item 7 these rules.

The decision of customs authority on refusal in issue of permission to replacement shall be reasonable and motivated.

 

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