PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 27, 2016 No. 545-P

About procedure for transfer by banks, other credit institutions to customs authorities, and also customs authorities in banks, other credit institutions of the electronic documents signed by the strengthened qualified digital signature and information in electronic form in connection with issue of bank guarantees of payment of customs duties, taxes

Based on part 25 of article 141 of the Federal Law of November 27, 2010 No. 311-FZ "About customs regulation in the Russian Federation" (The Russian Federation Code, 2010, No. 48, Art. 6252; 2011, No. 27, Art. 3873; No. 29, Art. 4291; No. 50, Art. 7351; 2012, No. 53, Art. 7608; 2013, No. 14, Art. 1656; No. 26, Art. 3207; No. 27, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6340, Art. 6348; No. 51, Art. 6681, Art. 6682; 2014, No. 11, Art. 1098; No. 19, Art. 2318, Art. 2319, Art. 2320; No. 23, Art. 2928; No. 48, Art. 6646; 2015, No. 1, Art. 34; No. 10, Art. 1393; No. 14, Art. 2010, Art. 2013, Art. 2022; No. 17, Art. 2477; No. 29, Art. 4339, Art. 4388; 2016, No. 1, the Art. 83) (further - the Federal Law No. 311-FZ), the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, of the Art. 23, of the Art. 46, of the Art. 50) this Provision establishes procedure for transfer by bank, other credit institution (further - credit institution) in customs authorities of information in electronic form on the issued bank guarantees of payment of customs duties, taxes in writing on paper and bank guarantees of payment of customs duties, taxes in electronic form, signed by the strengthened qualified digital signature, and transfers by customs authorities to credit institution of the electronic documents signed by the strengthened qualified digital signature on refusal in adoption of the bank guarantee, about release of credit institution from obligations according to the bank guarantee in connection with refusal of customs authority of the rights according to the bank guarantee.

Chapter 1. General provisions

1.1. The credit institution sends information in electronic form on the issued bank guarantees of payment of customs duties, taxes in writing on paper and bank guarantees of payment of customs duties, taxes in electronic form, signed by the strengthened qualified digital signature, as a part of the archival file (further - the archival file of credit institution) to customs authorities through the territorial office of the Bank of Russia exercising supervision of activities of the credit institution which issued the bank guarantee (further - TU of the Bank of Russia), Department of information technologies (further - DIT of the Bank of Russia) and the Central information and technical customs authority FCS of Russia (further - TsITTU).

1.2. Customs authorities send the electronic documents signed by the strengthened qualified digital signature on refusal in adoption of the bank guarantee, about release of credit institution from obligations according to the bank guarantee in connection with refusal of customs authority of the rights according to the bank guarantee as a part of the archival file (further - the archival file of customs authority) to credit institution through TsITTU, DIT of the Bank of Russia and TU of the Bank of Russia.

1.3. Interaction of TsITTU, DIT of the Bank of Russia, TU of the Bank of Russia, credit institutions is performed by exchange of archival files of credit institution and archival files of customs authority or summary archival files containing such archival files (further - archival files), and also other related messages which are office. Exchange of the messages provided by this Provision between TsITTU, DIT of the Bank of Russia, TU of the Bank of Russia, credit institutions is performed according to the schedule of exchange of messages given in appendix to this Provision.

1.4. The direction of archival files is performed using the means of cryptographic information security accepted to use in the Bank of Russia. For protection of archival files against unauthorized access enciphering is used, for confirmation of authenticity and control of integrity of archival files authentication codes are used.

1.5. Conditions of interaction of TsITTU and DIT of the Bank of Russia are determined by bilateral regulations of interaction.

Conditions of interaction of TU of the Bank of Russia and credit institution are determined by the agreement (supplementary agreements to the agreement) signed (prisoners) the Bank of Russia (on behalf of TU of the Bank of Russia) and credit institution.

1.6. The direction of the messages provided by this Provision is performed by provision to the addressee of possibility of receipt of such messages.

In case of transmission of messages between TsITTU and TU of the Bank of Russia through DIT of the Bank of Russia the invariance of the transferred messages is provided.

Chapter 2. Procedure for transfer of the archival file of credit institution

2.1. The credit institution sends the archival file of credit institution created, ciphered with use of key of enciphering and supplied with authentication code to TU of the Bank of Russia.

2.2. TU of the Bank of Russia performs check of code of authentication and structure of the name of the archival file of credit institution and no later than one hour after completion of the period of time established by the schedule of exchange of messages during which TU of the Bank of Russia received the archival file of credit institution directs:

in case of negative result of check - in credit institution the message on refusal in acceptance of the archival file of credit institution with indication of cause of failure;

in case of positive result of check - in DIT of the Bank of Russia the archival file of credit institution, and in credit institution the message with indication of date and time of completion of verification of the archival file of credit institution.

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