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Ministry of Justice

Russian Federation

On November 18, 2016 No. 44375

ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION

of June 20, 2016 No. 88n

About approval of procedure for destruction in the territory of the free port of Vladivostok on which customs procedure of free customs zone, and export from the territory of the free port of Vladivostok in which customs procedure of free customs zone, for the purpose of destruction of the become useless goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, and also imported together with goods on the territory of the free port of Vladivostok in which customs procedure of free customs zone, the packaging and packaging materials which fully or partially lost the initial purpose and the consumer properties is applied is applied is applied

Based on part 38 of article 23 of the Federal Law of July 13, 2015 No. 212-FZ "About the free port of Vladivostok" (The Russian Federation Code, 2015, 29, of the Art. 4338) I order to No.:

1. Approve the enclosed procedure for destruction in the territory of the free port of Vladivostok on which customs procedure of free customs zone, and export from the territory of the free port of Vladivostok in which customs procedure of free customs zone, for the purpose of destruction of the become useless goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, and also imported together with goods on the territory of the free port of Vladivostok in which customs procedure of free customs zone, the packaging and packaging materials which fully or partially lost the initial purpose and the consumer properties is applied is applied is applied.

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

Minister

A. G. Siluanov

Appendix

to the Order of the Ministry of Finance of the Russian Federation of June 20, 2016 No. 88n

Procedure for destruction in the territory of the free port of Vladivostok on which customs procedure of free customs zone, and export from the territory of the free port of Vladivostok in which customs procedure of free customs zone, for the purpose of destruction of the become useless goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, and also imported together with goods on the territory of the free port of Vladivostok in which customs procedure of free customs zone, the packaging and packaging materials which fully or partially lost the initial purpose and the consumer properties is applied is applied is applied

I. General provisions

1. This procedure for destruction in the territory of the free port of Vladivostok on which customs procedure of free customs zone is applied and export from the territory of the free port of Vladivostok in which customs procedure of free customs zone is applied, for the purpose of destruction of the become useless goods placed under customs procedure of free customs zone, and (or) the goods made (received) of the goods placed under customs procedure of free customs zone, and also imported together with goods on the territory of the free port of Vladivostok in which customs procedure of free customs zone, packaging and the packaging materials which fully or partially lost the initial purpose and the consumer properties is applied (further - the Procedure) determines procedure for destruction in the territory of the free port of Vladivostok, No. 212-FZ created according to the Federal Law of July 13, 2015 "About the free port of Vladivostok" (The Russian Federation Code, 2015, No. 29, the Art. 4338) (further - the Federal Law No. 212-FZ) on which customs procedure of free customs zone (further - SPV), the become useless goods placed under customs procedure of free customs zone is applied (further - STZ), and (or) the goods made (received) of the goods placed under customs procedure of STZ, and also imported together with goods on the territory of SPV, packaging and packaging materials, which fully or partially lost the initial purpose and the consumer properties, and also procedure for export from SPV territory for the purpose of destruction of the specified goods, packaging and packaging materials without room under customs procedure of destruction.

2. In the territory of SPV the following goods can be destroyed or exported from SPV territory for the purpose of destruction:

STZ placed under customs procedure in the territory of SPV which fully or partially lost the initial purpose the consumer properties and became unsuitable in that quality for which they are intended (further - the goods placed under customs procedure of STZ and which became useless);

made (received) of the goods placed under customs procedure of STZ in the territory of SPV which fully or partially lost the initial purpose and the consumer properties (further - the goods made (received) of the goods placed under customs procedure of STZ and which became useless);

being packaging (any products and materials serving or intended for packaging, protection, placement and fixture or separation of goods) and the packaging materials (straw, paper, fiber glass, shaving, etc.) imported together with goods on the territory of SPV and which fully or partially lost the initial purpose and the consumer properties (further - packaging).

3. Destruction in the territory of SPV of the goods placed under customs procedure of STZ and which became useless, and (or) the goods made (received) of the goods placed under customs procedure of STZ and which became useless and (or) packagings, and also export from SPV territory for the purpose of destruction of such goods and packaging are performed with the permission of the customs authority located in the territory of SPV or in close proximity to it and having competences and competence to making of customs transactions concerning the goods imported (exported) on (c) SPV territory(territories), including according to customs procedure of STZ (further - authorized customs authority) and under its supervision taking into account provisions of this Procedure.

4. Destruction of the goods placed under customs procedure of STZ and which became useless and (or) the goods made (received) of the goods placed under customs procedure of STZ and which became useless and (or) packaging can be performed:

resident of the free port of Vladivostok in the territory of SPV, if such goods according to the Federal Law of June 24, 1998 No. 89-FZ "About production wastes and consumption" (The Russian Federation Code, 1998, No. 26, Art. 3009; 2001, No. 1, Art. 21; 2003, No. 2, Art. 167; 2004, No. 35, Art. 3607; 2005, No. 19, Art. 1752; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 46, Art. 5554; 2008, No. 30, Art. 3616; No. 45, Art. 5142; 2009, No. 1, Art. 17; 2011, No. 30, Art. 4590, 4596; No. 45, Art. 6333; No. 48, Art. 6732; 2012, No. 26, Art. 3446; No. 27, Art. 3587; No. 31, Art. 4317; 2013, No. 30, Art. 4059; No. 43, Art. 5448; No. 48, Art. 6165; 2014, No. 30, Art. 4220, 4262; 2015, No. 1, Art. 11, 38; No. 27, Art. 3994; No. 29, Art. 4350; 2016, 1, Art. 12, of 24) (further - the Federal Law No. 89-FZ) are not carried No. to waste of the I-IV class of danger;

the organization performing activities for neutralization and placement of waste of the I-V class of danger (further - authorized organization) with which at resident of the free port of Vladivostok the contract for destruction of such goods is signed if such goods according to the Federal Law No. 89-FZ are carried to waste of the I-V class of danger.

5. The goods placed under customs procedure of STZ and which became useless and (or) the goods made (received) of the goods placed under customs procedure of STZ and which became useless and also packaging shall be destroyed by the method which is not assuming formation of the secondary resources suitable for reuse for the purpose of production of new goods (products), performance of works, rendering services or receipt of energy.

II. Permission to destruction of the goods placed under customs procedure of STZ and which became useless and (or) the goods made (received) of the goods placed under customs procedure of STZ and which became useless and (or) packaging

6. Permission to destruction of the goods placed under customs procedure of STZ and which became useless and (or) the goods made (received) of the goods placed under customs procedure of STZ and which became useless and (or) packaging in the territory of SPV or beyond its limits (further - permission to destruction) is issued to resident of the free port of Vladivostok by authorized customs authority on condition of fulfillment of requirements in the field of the address with waste, established by the Federal Law No. 89-FZ, requirements of Item 5 of this Procedure and submission to authorized customs authority of the documents and data established by Items 7 and 8 of this Procedure, except for documents and data which can be received with use of single system of interdepartmental electronic interaction.

7. For the purpose of receipt of permission to destruction the resident of the free port of Vladivostok or person acting according to its order and from his name (further - the Applicant), submits to authorized customs authority the application for destruction of the goods placed under customs procedure of STZ and which became useless and (or) the goods made (received) of the goods placed under customs procedure of STZ and which became useless, and (or) packaging in the territory of SPV or beyond its limits (further - the Statement) containing data on the goods placed under customs procedure of STZ and which became useless and (or) the goods made (received) of goods, placed under customs procedure of STZ and become useless, and (or) about packaging, which are liable to destruction (their name, quantity, commodity code according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union), the place, date and method of their destruction, and also the reason of conclusion of such goods from turnover.

The application is submitted in authorized customs authority on paper or electronically.

The recommended application form and recommendations about its filling are given in appendix No. 1 to this Procedure.

In case of execution of the Statement on paper and its submissions to authorized customs authority by mail or personally the Applicant, in authorized customs authority its electronic copy in the XML format is also submitted (by means of use of e-mail, the electronic medium).

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