ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 20, 2015 No. 872

About approval of Rules of replacement of foreign goods with equivalent goods (equivalent compensation) in case of application of customs procedure of conversion on customs area

The government of the Russian Federation decides:

Approve the enclosed Rules of replacement of foreign goods with equivalent goods (equivalent compensation) in case of application of customs procedure of conversion on customs area.

Approved by the Order of the Government of the Russian Federation of August 20, 2015 No. 872

Rules of replacement of foreign goods with equivalent goods (equivalent compensation) in case of application of customs procedure of conversion on customs area

1. These rules establish procedure and terms of replacement of foreign goods equivalent goods (equivalent compensation) in case of application of customs procedure of conversion on customs area.

2. Permission of customs authority to replacement of foreign goods with equivalent goods (further - permission to replacement) can be issued by customs authority along with issue of the permission to conversion of goods on customs area provided by part 1 of article 127 of the Federal law "About Customs Regulation in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation" (further - permission to conversion of goods) or after issue of permission to conversion of goods.

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

a) the name of equivalent goods, their code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further - the Union) and quantity;

b) description, quality and technical characteristics of equivalent goods;

c) information on export of the products of conversion received from equivalent goods from customs area of the Union (further - customs area) before import to customs area of foreign goods according to customs procedure of conversion on customs area.

4. The customs authority makes the decision on issue of permission to replacement if the following conditions are complied:

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

b) in case of making of transactions on repair:

foreign goods are replaced with the equivalent goods which are products of person who is directly making transactions on conversion;

the possibility of replacement of foreign goods with equivalent goods is provided by the sales agreement of goods of the Union (in case of transactions on warranty (non-paid) repair) or the service provision agreement on repair of goods (in case of making of transactions on paid repair).

5. In case of decision making about issue of permission to replacement the customs authority in permission to conversion of goods specifies about permission of such replacement and about export of the products of conversion received from equivalent goods from customs area before import of foreign goods according to customs procedure of conversion on customs area if such export is supposed.

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

a) by consideration of question of possibility of replacement of foreign goods with equivalent goods along with consideration of the application for conversion of goods on customs area - in time, established by part 7 of article 128 of the Federal law "About Customs Regulation in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation";

b) when using as the statement for conversion of goods on customs area of the customs declaration on the room of foreign goods under customs procedure of conversion on customs area - in time release of goods, stipulated in Clause 119 Customs codes of the Eurasian Economic Union.

7. Person who got permission to conversion of goods for receipt of permission to replacement gives to the customs authority which issued permission to conversion of goods, the statement for replacement of foreign goods with equivalent goods (in any form) on paper or in the form of the electronic document signed by the strengthened qualified digital signature of the authorized person in which data, stipulated in Item 3 these rules are specified and submits the documents specified in the statement confirmatory data.

In this case the customs authority which issued permission to conversion of goods makes the decision on issue of permission to replacement within 10 working days from the date of registration in customs authority of the statement for replacement of foreign goods with equivalent goods in case of observance of conditions, stipulated in Item 4 these rules.

In case of decision making about possibility of replacement of foreign goods with equivalent goods the customs authority makes the corresponding additions to permission to conversion of goods according to the procedure, established by the Federal Customs Service.

If as permission to conversion of goods the customs declaration on the room of foreign goods under customs procedure of conversion on customs area is used, permission to replacement is issued in the form of the separate document which form is determined by the Federal Customs Service.

8. In case of non-compliance with provisions of Items 3 and 4 of these rules the customs authority makes and directs the decision on refusal in issue of permission to replacement to person getting (got) permission to conversion of goods, on paper or in the form of the electronic document signed by the strengthened qualified digital signature of the authorized person of customs authority within the terms determined according to Items 6 and 7 of these rules.

The decision of customs authority on refusal in issue of permission to replacement shall be reasonable and motivated. At the same time the refusal in issue of permission to replacement cannot be the basis for refusal in issue of permission to conversion of goods.

9. If transactions on conversion is the repairs, then the foreign goods placed under customs procedure of conversion on customs area and replaced with equivalent goods acquire the status of goods of the Union after making of transactions on their repair during the term of conversion established in permission to conversion of goods and after verification by customs authority of the reporting on final reconciliation of quantity of products of the conversion, waste and remaining balance provided in compliance by part 8 of article 133 of the Federal law "About Customs Regulation in the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation".

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