28.08.2017
Customs operations have taken new terms

Today we can confidently say that the Customs code of the Eurasian economic Union (EAEU CC), born within a few years in heated debates and discussions with participation of representatives of regulatory bodies and business communities of the five States of the Union, will come into force on 1 January 2018. At the same time will have come into force more than 30 decisions of the Eurasian economic Commission (EEC) and the new Federal law "On customs regulation in the Russian Federation"
it is very important that participants of foreign economic activity (FEA) in advance, met and studied the upcoming changes in customs law. For its part, the North-Western customs administration intends to assist the business in this question all possible assistance and help to deal with the new rules. Our goal is to minimize errors in the work of the declarants, which can affect the rate of committing of customs operations.

it is Known that the efficiency process of customs control depends largely on the quality of customs and other documents generated and submitted by traders to customs authorities during customs Declaration. It is clear today that the Code is and under certain conditions can significantly simplify and speed up customs procedures, and to ensure that the transition to electronic information exchange.
CC of EAEU customs defines operations as activities performed by persons and customs bodies in accordance with international treaties and acts in the sphere of customs regulation and (or) legislation of the States members of the Union in the field of customs Affairs.
In accordance with section 3 of the Code for the customs operations include the arrival of the goods into the customs territory of the EAEU, their departure from the territory, temporary storage, Declaration and release. In the new document set deadlines for the completion of a separate customs operations that differ from those time periods that are installed applicable TC the Customs Union (CC CU).

depending on the transport timing of the notification to the customs authority of the arrival of the goods into the customs territory of the EAEU is established by article 88 of this Code. They are listed in the table. So, for the carriage of goods by road notification of arrival must be filed within 1 hour after delivery of the goods at the place of arrival or since the beginning of the work of the customs authority, if the delivery at the place of arrival carried out outside the working hours of the customs authority.
For the carriage of goods by water, air and rail, these terms are limited to the time established by the technological process of the port, airport or railway station. Important point: the customs code of the EAEU admits that the national legislation of the States of the Union may establish a different period of notification of arrival.

At the same time, the draft Federal law "On customs regulation in the Russian Federation" (article 85) provides that the importation into Russia of goods from the territory of a state not being a member of the EEU, air or rail, the arrival notice is performed within 1 hour of arrival at the place of delivery, or since the beginning of work of the customs authority. For the carriage of goods by water transport, the arrival notice is served within 3 hours or 1 hour after the beginning of work of the customs authority.
remember that within 3 hours of the time of filing the notice of arrival the carrier or other person required to make in respect of goods one of the following customs operations: to put into temporary storage, to transport from the place of arrival to the place of storage, to perform customs Declaration. Also, the product can be placed under the customs procedure of free customs zone on the territory of logistics or port of STZ or even exported from the customs territory of the EAEU.
If a customs Declaration is registered by the customs body within 3 hours from notification, operations involving the placement of goods in temporary storage, should occur within 3 hours of receipt by the declarant of the customs authority permission for withdrawal of the customs Declaration; decisions to extend or suspend the terms of release; refusal to release goods.
note that the documents submitted for placing goods in temporary storage, the customs authority shall record within 1 hour of submission. The goods are in temporary storage from the moment of registration of documents submitted to their offices into temporary storage. His term, according to article 101 of CC of EAEU, is calculated from the day following the day of registration by the customs authority of documents submitted for placing goods in temporary storage, and is 4 months. At the rate TC TC storage period is 2 months and may be extended at the request of the person for another 2 months.
Therefore, unlike TC TC the new document sets the maximum permissible storage period of 4 months and 6 months for international mail (MPO), stored in the places of international postal exchange, and not claimed by the passengers of the Luggage of displaced air.

I will Emphasize that the timing of filing the customs Declaration in respect of imported and exported goods in customs code of the EAEU has not changed: in the first case the Declaration is submitted within the term of temporary storage in the second – before departure of goods. Compared to the current TC TC the new Code contains a different approach to the timing of filing the customs Declaration for the goods withdrawn or arrested in the course of the audit reports of crime, criminal proceedings or administrative proceedings, subject to customs Declaration in respect of which the decision on the return.
Such items must be placed in temporary storage within 10 days from the date of entry into force of the relevant decision of a court or authorized body. It is provided by article 98 of the customs code of the EAEU. Respect their customs Declaration must be filed within the period of temporary storage. Date and time of submission of the customs Declaration are recorded by the customs authority. Customs operations connected with registration of the Declaration must be made no later than 1 hour working time of the customs authority of the filing of the Declaration.
Among other things, the EAEU CC establishes the obligation of the declarant at the request of the customs authority to amend the Declaration, as well as the time within which such requirement must be met. If the customs authority the violations of the customs legislation, which in case of their elimination will not be grounds for refusal to release goods and to eliminate such violations are the need to change or Supplement the information stated in the customs Declaration, the following information needs to be changed or amended by the declarant at the request of the customs authority, within the term of release of goods specified by paragraph 2 (1 working day) and 3 (up to 10 working days) of article 119 of CC of EAEU.
compared with the current Code in the customs code of the EAEU changed the timing of the release of goods. Thus, article 119 of CC of EAEU identifies two term of release of goods – 4 hours (item 1) and 1 day (item 2), following the date of registration of the customs Declaration. This article also provides for the possibility of postponing the date of release of the goods for 10 working days (paragraph 3), for the period of verification of documents and information (item 4) and the term of the customs examination (paragraph 5).

the release Dates are measured from the moment (day) of registration of the customs Declaration. Pre-Declaration the Declaration may be registered prior to importation of the goods into the customs territory of the EAEU or before arrival at the place of delivery if the goods are transported in accordance with the customs procedure of customs transit.
Article 119 of CC of EAEU includes a list of circumstances upon occurrence of which are calculated by the timing of the release of goods in a preliminary customs Declaration placing goods in the customs control zone, the grant of permission for unloading of goods transported by water transport, amendments to the Declaration, as well as notification of the customs authority that the modification is not required.
as a General rule, the decision on the issue should be taken within 4 hours after registration of the Declaration or from the moment of occurrence of a certain Code circumstances with the prior Declaration. It is determined that release of goods should be completed within 1 working day following the day of registration of the customs Declaration, if within 4 hours from the moment of such registration by the customs authority of the requested documents confirming stated in the Declaration, the decision on carrying out customs control in the forms stipulated by the customs code of the EAEU, as well as in cases when the customs authority received a request the declarant to make changes or amendments to the Declaration or by the declarant are not met the request of the customs body about change of the information in the Declaration.
the Code provides that the term of release of goods may be extended for 10 business days from the day following the day of registration of the customs Declaration, the time required to conduct or complete customs control, and on time necessary to satisfy the requirements of the customs authority on amendments to the Declaration or for the submission of the enforcement of the obligation to pay customs duties. When placing goods under the customs transit procedure, the release period may be extended for 5 working days. Article 119 of CC of EAEU allows for the possibility of extending the term of release of goods for more than 10 days.
traders should remember that if the verification of the documents and information cannot be completed within 1 working day following the day of registration of the Declaration and release of goods may not be produced under the enforcement of the obligation to pay customs duties, the period of release of goods may be extended by the period of such verification from the day following the day the expiration extension, 10 business days.
in the appointment of customs examination, if it cannot be completed within 10 days, provided the enforcement of the obligation to pay customs duties or there are signs of use in relation to the goods of prohibitions and restrictions, the release period shall be extended for the term of the customs examination. In the case of an extension of the term of release of goods in accordance with paragraphs 3-5 of article 119 of CC of EAEU, the customs authority sends to the declarant or customs representative notice of such extension not later than 1 working day following the day of issuance of the permit.
the EEC or the customs legislation of the States members of the Union may establish a shorter timeframe of release of the goods than defined by the customs code of the EAEU, 4 hours and 1 working day respectively.

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