ORDER OF THE STATE CUSTOMS COMMITTEE OF THE RUSSIAN FEDERATION

of November 28, 2003 No. 1356

About approval of the Instruction about actions of officials of the customs authorities performing customs clearance and customs control during the declaring and release of goods

1. Approve the enclosed Instruction about actions of officials of the customs authorities performing customs clearance and customs control during the declaring and release of goods (further - the Instruction).

2. To chiefs of regional customs authorities and customs, directly subordinate State Customs Committees of Russia to bring into accord with the Instruction and this order job descriptions of officials of subordinate customs authorities.

3. To head department of the organization of customs control (A. V. Galaktionov) to perform coordination of development by divisions of the State Customs Committee of Russia of regulatory legal acts and legal acts of the State Customs Committee of Russia containing the customs technologies directed to enhancement of the organization of customs clearance and customs control, and which are directly influencing their procedure and terms of carrying out.

4. To head department of special equipment and automation of customs technologies (L. M. Ukhlinov), GNIVTSU of the State Customs Committee of Russia (S. L. Gusev) together with Head department of the organization of customs control (A. V. Galaktionov) to develop and submit for approval the plan of development (upgrade) of the software applied in case of customs clearance and customs control according to this Instruction.

5. Declare invalid the order of the State Customs Committee of Russia of 31.01.2003 N 80 "About approval of the Instruction for verification of the customs declaration, the documents and data in case of declaration of goods moved through customs border of the Russian Federation".

6. To the vice-chairman of the State Customs Committee of Russia V. V. Shpagin to exercise control of execution of this order.

This order becomes effective since January 1, 2004.

Appendix

to the order of STC Russian Federation of November 28, 2003 No. 1356

The instruction about actions of officials of the customs authorities performing customs clearance and customs control during the declaring and release of goods

I. General provisions

1. This Instruction about actions of officials of the customs authorities performing customs clearance and customs control during the declaring and release of goods (further - the Instruction), determines the list, the sequence and deadlines of implementation of actions by officials of customs authorities of the Russian Federation in case of customs clearance of goods from the moment of submission of the customs declaration until release of goods according to the declared customs regime.

2. This Instruction is developed based on the Customs code of the Russian Federation (The Russian Federation Code of 02.06.2003 of N 22, of the Art. 2066) (further - the Code).

3. This Instruction is applied when declaring by legal entities, individual entrepreneurs, and also physical persons for dealing purposes (further - customs applicants), or declaring from their name by the customs broker (representative) of the goods moved through customs border of the Russian Federation and also in case of change of their customs regime, including:

a) the waste formed as a result of conversion of goods on customs area of the Russian Federation (Art. 183 of the Code);

b) remaining balance of the goods which are not exported after conversion on customs area of the Russian Federation (Art. 184 of the Code);

c) the waste formed as a result of destruction of foreign goods (Art. 247 of the Code);

d) the goods acquired in connection with implementation of business activity on customs area of the Russian Federation concerning which payment of customs duties, taxes is not made or prohibitions and the restrictions set in accordance with the legislation of the Russian Federation (Art. 391 of the Code) are not observed;

e) the goods imported on customs area of the Russian Federation within one week to one receiver which total customs value does not exceed 5 000 rubles (Art. 319 of the Code).

The instruction is not applied when implementing customs clearance of goods:

- in case of their arrival on customs area of the Russian Federation;

- in case of their departure from customs area of the Russian Federation;

- in case of their transportation according to the procedure of internal customs transit;

- in case of their temporary storage.

4. Officials of customs authorities to which job responsibilities according to job descriptions specific functions belong of the right and obligations on implementation of customs clearance and customs control of goods (further - authorized officers), within the Instruction perform:

a) fixation of the fact of submission of the customs declaration and documents;

b) control of observance of conditions of adoption of the customs declaration;

c) transfer (obtaining) of the customs declaration (if necessary);

d) registration (acceptance) of the submitted customs declaration;

e) check of compliance of the data declared in the customs declaration the name of goods, their quantitative data (the number of places, weight and so forth), with the data containing in the documents submitted to customs authority in case of declaration of goods and also in electronic copies of customs papers;

e) control of correctness of determination of classification code of goods under FEACN CU;

g) control of correctness of determination of the country of goods' origin;

h) control of observance of the acts of the legislation of the Russian Federation setting prohibitions and import restrictions to the Russian Federation and on export from the Russian Federation of separate goods (further - prohibitions and restrictions);

i) control for the purpose of application of the measures connected with protection of intellectual property in the cases provided by the customs legislation of the Russian Federation and legal acts of the State Customs Committee of Russia;

j) currency exchange control and control of execution of the foreign trade barter deals;

k) control of customs value;

l) control of statistical cost;

m) control of correctness of calculation and timeliness of customs payment;

o) control of observance of conditions of the room under the declared customs regime, and also special customs procedure;

o) control of observance of additional terms of release;

p) identification of the risks containing in the profiles of risk brought to customs authorities in paper and (or) in electronic form;

c) preparation and decision making about suspension of release of goods;

r) decision making about prolongation of review period of goods;

s) decision making about release (release for free circulation or conditional release), or about impossibility of release of goods according to the declared customs regime.

5. Authorized officers in case of accomplishment of the customs transactions and actions listed in the Code having the right to apply the following forms of customs control:

a) verification of documents and data (further - documentary control) (Art. 367 of the Code);

b) customs examination of goods and vehicles (Art. 371 of the Code); customs goods inspection and vehicles (Art. 372 of the Code); customs observation (Art. 370 of the Code); check of marking of goods special brands, availability on them identification tags (Art. 374 of the Code) (further - the actual control);

c) sampling and samples (Art. 383 of the Code);

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