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ORDER OF CUSTOMS COMMITTEE OF THE UNION STATE

of September 25, 2002 No. 4

About approval of the Standard instruction about procedure for control of target use of conditionally released goods concerning which privileges on customs payment are provided

For the purpose of unification of procedure for customs control concerning conditionally released goods with provision of privileges on customs payment I order:

1. Approve the enclosed standard instruction about procedure for control of target use of conditionally released goods concerning which privileges on customs payment are provided (further - the standard instruction).

2. To provide to chiefs of customs authorities of the Republic of Byelorussia and customs authorities of the Russian Federation reduction of the legal acts regulating activities of customs authorities for control of target use of conditionally released goods concerning which privileges on customs payment, in compliance of the standard instruction are provided.

3. To exercise control over the implementation of this order to the vice-chairman of the State Customs Committee of the Republic of Belarus I. I. Dubik and the vice-chairman of the State Customs Committee of Russia B. M. Gutin.

 

Chairman

Customs committee

Union State M. V. Vanin

Appendix

to the order of Customs committee of the Union State of September 25, 2002 No. 4

The standard instruction about procedure for control of target use of conditionally released goods concerning which privileges on customs payment are provided

I. General provisions

1. This standard instruction about procedure for control of target use of conditionally released goods concerning which privileges on customs payment are provided (further - the standard instruction) is developed for the purpose of further standardization of the customs legislation of the Republic of Belarus and the Russian Federation according to the international standards and rules.

2. The purposes of control of target use of conditionally released goods concerning which privileges on customs payment are provided (further - control) are:

- ensuring compliance with national legal systems, international treaties of the Republic of Belarus and the Russian Federation, control of which execution is imposed on customs authorities of the states;

- the analysis of target use of the privileges on customs payment provided according to the national legal system, and, in case of identification of violations of the national legal system, taking measures to collection in the budget of the Republic of Belarus or the federal budget of the Russian Federation of conditionally added amounts of customs payments and to involvement of persons to the responsibility provided by the corresponding national legal system.

3. Objects of control are conditionally released goods concerning which according to the national legal system privileges on customs payment are provided (further - goods) which control of target use is imposed on customs authorities of the states. The inventory is determined by the national legal system.

4. Subjects of control are inspection divisions of customs authorities of the states in which region of activities there is legal entity - the receiver of goods (further - the checked face) or the physical person who is the direct final receiver of goods lives.

5. Control is exercised by conducting checks of target use of goods.

6. If other is not provided by the national legal system, terms and frequency of checks of target use of goods are determined by conditions of provision of privileges on customs payment, type of the moved goods, amount and frequency of their deliveries, information availability on the violations of the national legal system and on the debt on customs payment which is available for it made by the checked face, penalty fee, penalties.

First of all the participants of foreign economic activity (foreign trade activities) having considerable amount of foreign economic activity and performing import (export) of goods with provision of privileges on customs payment, and also allowing systematic violations of the national legal system are subject to check.

Inspection divisions of customs authorities of the states on the basis of information on all participants of the foreign trade activities using privileges on customs payment when moving goods through customs border of the Republic of Belarus and the Russian Federation for the purpose of determination of the priority directions and objects of checks shall carry out analytical work.

Check of target use of goods is obligatory in the case provided by the national legal system in case of liquidation of the checked face.

7. Inspection divisions of customs authorities of the states exercise control on the basis:

- the schedule of the conducting checks approved by the chief of customs authority;

- the operational data obtained from other structural divisions of customs authority;

- the analytical information obtained when accounting participants of foreign trade activities;

- the operational data obtained from law enforcement and monitoring bodies;

- information on liquidation of the organizations to which privileges on customs payment were provided;

- statements of the organizations, citizens, local government bodies;

- orders of public authorities;

- decisions of judicial authorities;

- orders of higher customs authorities;

- requests of customs authorities of the states.

II. Monitoring procedure stages

8. Stages of monitoring procedure are subdivided on:

- preparatory stage;

- stage of direct conducting check of target use of goods.

9. On preparatory stage the following events are performed:

a) the analysis of information on signs of violation by the participant of foreign trade activities of the national legal system which arrived in inspection division of customs authority;

b) collection of data on the checked face.

Data on the checked face shall contain: form of business, the location of the checked face (its branches and divisions), financial and bank details, surnames of the heads and persons responsible for financial and economic activities, other data;

c) collection of information about the physical person - the final receiver of goods.

Information about the physical person - the receiver of goods shall contain: surname, name, middle name, residence, phone number, details of identity documents, place of employment and position;

d) studying of the regulatory legal acts of the national legal system (with changes and amendments) operating at the time of customs clearance of goods and regulating the procedure for their customs clearance, financial and economic activities, conducting financial accounting, other questions concerning as the checked face, and object of check;

e) analysis of available documents of customs authority, namely:

- the cargo customs declarations (CCD) which are drawn up for the checked period;

- the main set of the documents shown in case of customs clearance of goods including in foreign language;

- the foreign trade and other agreements and contracts based on which delivery of goods was performed, supplementary agreements to them (if they are provided);

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