Permanent and temporary zones customs control.
Customs control zones can be of two types:
Permanent and
Temporary.
Permanent customs control zones
are being created in cases where goods subject to customs control are regularly found in them (places of arrival of goods and vehicles to customs territory, temporary storage warehouses, customs warehouses, duty-free store premises).
The decision to create permanent customs control zones located along the customs border of the Russian Federation is formalized by regulatory legal acts of the federal executive body authorized in the field of customs affairs.
In other cases, the decision to create a permanent customs control zone is made by the head of the customs office (in the form of an order), in the region of whose activity there are places and territories where permanent customs control zones are created.
Temporary customs control zones may be created on the basis of a written decision of the head of the customs authority (for example, the head of the customs post):
When performing customs clearance outside the designated places (for the period of customs operations);
The limits of the permanent customs control zone are indicated by rectangular signs with the inscription on a green background “Customs control zone” in Russian and English languages "Customs control zone" 2. The limits of the temporary customs control zone may be indicated by fencing tape, signage boards, boards or other information signs. In case of non-compliance by persons with the requirements established by customs legislation, administrative liability may occur in accordance with Art. 16.5 Code of Administrative Offenses “Violation of the regime of the customs control zone.”
Temporary customs control zones can be created:
A) for customs clearance of goods and transport
funds outside the places of customs operations - for the time of their completion, if
when performing such operations, it is necessary to determine the customs control zone
based on the need to ensure unimpeded implementation
customs authorities its functions;
B) if it is necessary to carry out inspection or inspection of goods and vehicles detected by customs authorities outside the permanent zones
customs control.
The decision to create a temporary customs control zone is made by the head of the customs authority or his deputy in writing.
Customs control zones can be permanent in cases where goods subject to customs control are regularly located in them, or temporary.
Permanent customs control zones are created in places of customs clearance, places where goods and vehicles cross the customs border Russian Federation, at checkpoints across the state border of the Russian Federation, locations of customs authorities, as well as along the customs border of the Russian Federation.
Temporary customs control zones are created in territories, premises, on vehicles (including ships and aircraft, railway trains), where goods and vehicles subject to customs control are or may be located, if during such control it is necessary to determine a customs zone control, based on the need to ensure the safety of such goods and vehicles, as well as the unhindered exercise by customs authorities of their functions.
Temporary customs control zones can be created 5:
To carry out customs clearance of goods and vehicles outside the places where customs operations are performed (Article 406 of the Code) - for the time of their execution, if when performing such operations it is necessary to determine a customs control zone based on the need to ensure the unhindered performance of their functions by customs authorities;
If it is necessary to carry out inspection or examination of goods and vehicles detected by customs authorities outside the permanent customs control zones.
The procedure for creating permanent customs control zones located along the customs border of the Russian Federation
Along the customs border, customs control zones are created in the manner determined by the Government of the Russian Federation
The Government of the Russian Federation has established the following procedure for creating customs control zones in the Russian Federation along the customs border:
1. Customs control zones are created along the customs border, regardless of whether it coincides or does not coincide with the line of the state border of the Russian Federation.
2. The Federal Customs Service of the Russian Federation determines sections of the customs border along which it is necessary to create customs control zones, and makes a decision on the creation of such zones. The decision to create customs control zones is formalized by a regulatory legal act of the Federal customs service Russian Federation, agreed with Federal service security of the Russian Federation and executive authorities of the constituent entities of the Russian Federation on whose territory the indicated zones are created.
3. On the land portion of the customs territory of the Russian Federation, a customs control zone may be created within a strip of terrain up to 30 kilometers wide from the customs border line deep into the territory of the Russian Federation.
4. A customs control zone along the customs border of special economic zones operating on the territory of the Russian Federation is created along both sides of the land section of the customs border that does not coincide with the state border of the Russian Federation.
5. In river and lake areas, a customs control zone may be created within the Russian part of the waters of border rivers, lakes and other bodies of water, as well as a strip
terrain up to 15 kilometers wide from the coastline deep into the territory of the Russian Federation.
6. In offshore areas, a customs control zone may be created within the territorial sea of the Russian Federation, with the exception of offshore areas around artificial islands, installations and structures located in the exclusive economic zone of the Russian Federation and on the continental shelf of the Russian Federation, over which the Russian Federation exercises jurisdiction in accordance with with the legislation of the Russian Federation. A customs control zone in such areas is created within the territory of the specified artificial islands, installations and structures.
The procedure for creating a temporary customs control zone
The decision to create a temporary customs control zone is made by the head of the customs authority (the person replacing him) on the basis of a report from a customs authority official on the need to create a temporary customs control zone, indicating the reasons and purpose of its creation, the period for which it is necessary to create it.
The decision to create a temporary customs control zone is formalized by order (instruction) of the customs authority in the region of whose activity the specified zone is located.
The order (instruction) on the creation of a temporary customs control zone must indicate:
The basis and purpose of creation;
Date of creation and period for which it is created;
Numbers and dates of documents issued by authorized officials of customs authorities, if a temporary customs control zone is created on the basis of these documents;
Information about the person who has authority in relation to goods and (or) in whose possession there are premises and (or) open areas where customs inspection, customs inspection of goods and vehicles is carried out, customs operations are permitted, temporary storage of goods is within the established temporary customs control zones;
Location;
The limits and places of their crossing by persons, goods and vehicles;
The means of designation used.
A copy of the order (instruction) on the creation of a temporary customs control zone is sent to the interested person on the day of its signing.
Cancellation of the decision to create customs control zones
The decision to create a customs control zone is canceled in cases of a change in the location of the customs authority, the closure of a checkpoint across the State Border of the Russian Federation, a change in the place of storage of goods under customs control, a change in the place where customs operations are allowed to be carried out, or the termination of the grounds according to which the allocation is required and designation of a part of the customs territory of the Russian Federation for the purpose of carrying out customs control in the forms of customs inspection and customs inspection of goods and vehicles, their storage and movement under customs supervision.
Cancellation of the decision to create a customs control zone entails its liquidation. The customs authority, after the liquidation of the customs control zone located in the region of its activity, takes measures to remove the means of marking it and inform interested parties about its liquidation.
Permanent customs control zones, which are premises and (or) open areas intended for use as temporary storage warehouses, the territory adjacent to them and specially equipped for parking vehicles transporting goods under customs control, customs warehouses, duty-free shops trades are liquidated in the event of exclusion of the relevant legal entities from the Register of owners of temporary storage warehouses (Article 114 of the Code), the Register of owners of customs warehouses (Article 232 of the Code) in accordance with the established procedure, as well as the closure of a duty-free store (Article 263 of the Code).
The decision to liquidate a permanent customs control zone is formalized in the form of a customs order, with the exception of cases of liquidation of a permanent customs control zone created along the customs border of the Russian Federation.
A temporary customs control zone is liquidated upon completion of the activities that served as the basis for its creation, or upon expiration of its validity period specified in the order (instruction) of the customs authority on the creation of a temporary customs control zone.
Customs control is carried out in the single customs territory of the Customs Union, in customs control zones of border checkpoints, internal customs offices and customs posts.
The single customs territory of the Customs Union consists of the territories of the Republic of Belarus, the Republic of Kazakhstan, the Republic of Armenia, the Republic of Kyrgyzstan and the Russian Federation (land, air, water space), as well as exclusive economic zones and continental shelves of the member states of the Customs Union, artificial islands, installations, structures and other objects in respect of which member states customs union have exclusive jurisdiction.
The limits of the customs territory of the Customs Union, including the limits of states located in exclusive economic zones and on continental shelves, are the customs border of the Customs Union.
Customs control zones
Customs control is carried out in the customs control zone. Customs control zones are places where goods are moved through customs border, territories of temporary storage warehouses, customs warehouses, duty-free shops and other places determined by the legislation of the member states of the Customs Union.
Customs control zones can be permanent in the case of regular presence of goods subject to customs control in them, or temporary in the case of their creation for customs inspection and (or) customs inspection of goods, cargo and other operations.
The decision to create a temporary customs control zone is made by the head of the customs authority and is formalized by order (instruction) of the customs authority in the region of whose activity the specified zone is located. The order (instruction) on the creation of a temporary customs control zone must indicate the basis and purpose of the creation, the date of creation and the period for which it is created, and the means of designation used.
The limits of the customs control zone are indicated by rectangular signs, on a green background of which there is an inscription in Russian and English, respectively, in Russian and English - “Customs control zone” and “Customs control zone”. These signs are the main means of designating the customs control zone.
It is allowed to replace the inscription in English with an inscription in any other language that is appropriate for use when creating a specific customs control zone. The limits of the temporary customs control zone may be indicated by fencing tape, as well as temporarily installed signs. In this case, the use of improvised materials and means is allowed.
The decision to create a customs control zone is canceled in cases of a change in the location of the customs authority, the closure of a border checkpoint, a change in the storage location of goods under customs control, a change in the place where customs operations are allowed to be carried out, or the termination of the grounds according to which the allocation and designation of a part is required customs territory for the purpose of carrying out customs control in the forms of customs inspection and customs inspection of goods and vehicles, their storage and movement under customs supervision. Cancellation of the decision to create a customs control zone entails its liquidation and the adoption of measures to remove means of its designation and inform interested parties about its liquidation.
Responsibility for violation of the regime of the customs control zone is provided for in Article 16.5. Code of Administrative Offences.
Movement of goods and (or) vehicles or persons, including officials government agencies, with the exception of customs officials, across the border of the customs control zone or within its limits, or the implementation of production or other economic activity without the permission of the customs authority, if such permission is required, -
entails a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; for legal entities - from five thousand to ten thousand rubles.
Customs control zones
Customs control zones are places where goods are transported across the customs border, areas of warehouses, duty-free shops and other places that are determined by law.
Customs control zones can be permanent if they are permanently located in the same place and temporary if they are moved.
The procedure for establishing customs control zones is controlled by the state.
Customs control zones can be created on a permanent or temporary basis and, depending on this, be permanent or temporary.
A customs control zone is considered permanent when goods subject to customs control are regularly located on its territory. Temporary customs control zones are created for the duration of customs control, cargo and other operations.
Transportation of goods, vehicles, persons, including officials of other government bodies, across the borders of customs control zones and within their limits is permitted with the permission of customs authorities and under their supervision. The Federal Customs Service, based on a proposal from the customs authority whose region of activity includes the corresponding section of the territory of the Russian Federation, determines sections of the State Border along which it is necessary to create customs control zones, and makes a decision on the creation of such zones.
The boundaries of the customs control zone are indicated by rectangular signs, on a green background of which the inscription in Russian and English “Customs control zone” is written in white. According to the legislation of the Russian Federation, a temporary control zone can be created by decision of the head of the customs post. The said decision is formalized by order of the head of the customs post indicating the purpose of creating a temporary customs control zone, the location of the temporary customs control zone, the validity period, the border and the places of its crossing by persons, goods and vehicles, as well as the means of designation used. The border of the temporary customs control zone may be indicated by fencing tape, as well as by temporarily installed certain signs. The limits of the customs control zone are indicated by rectangular signs, on a green background of which there is an inscription in white in Russian and English, respectively: “Customs control zone” and “Customs control zone”. These signs are the main means of designating the customs control zone. The customs control zone can be designated by applying the inscription “Customs control zone”.
Forms of customs control
Forms of customs control are categories of verification actions of customs authorities aimed at implementing customs control.
There are various separate forms of customs control.
Verification of documents and information is a form of customs control in which a customs official checks the accuracy of information, the originality of documents and the correctness of filling out these documents. Chapter 16 of the Customs Code is devoted to the forms and procedure for customs control. In particular Art. 110 defines the following forms of customs control:
Checking documents and information.
In this form of customs control, there are three verification purposes: establishing the originality of the documents being checked by a customs official, checking the veracity of the information in these documents and establishing the correctness
Oral survey.
In an oral survey, persons transporting goods are asked questions regarding the customs clearance of goods
Receive clarification.
This is the collection of information about circumstances relevant to customs control. In this case, persons related to the movement of goods across the border and who have the necessary data are interviewed. Inspectors address not only declarants, but also other persons. Receiving clarifications is similar in content to oral questioning. The main difference is the written execution of explanations in a form approved by the federal executive body authorized in the field of customs affairs. In addition, the provisions of the Customs Code of the Customs Union do not establish restrictions on the use of this form of customs control at the stage of customs clearance or inspection after the release of goods and vehicles.
Customs surveillance is public, targeted, systematic or one-time monitoring, possibly with the use of technical means, of the transportation of goods under customs control, and the performance of other operations with them. The purpose of the separation of customs surveillance is to strengthen control over compliance with the customs legislation of the Russian Federation in relation to goods under customs control, including at the stage of their transportation, storage, cargo and other operations with them. Customs surveillance is carried out on a public basis, which is one of the main characteristics of this form of customs control. In addition, customs surveillance is carried out purposefully, in accordance with the decision made by the authorized official of the customs authority. By type, customs surveillance can be systematic or one-time, direct (carried out personally by an official of the customs authority) and indirect (carried out using technical means
Customs inspection of goods and vehicles.
External inspection of goods by customs, luggage of individuals, vehicles, cargo containers, customs seals, seals and other means of identifying goods.
Customs inspection.
Inspection of goods and vehicles associated with the removal of seals, seals and other means of identifying goods, and opening of packaging.
Personal search.
Contains all the necessary guarantees of respect for human and civil rights enshrined in the Constitution of the Russian Federation, including the right to protection of personal dignity by the state. A personal search can be carried out in relation to individuals only if certain circumstances coincide at the same time, and individual follows through the State Border of the Russian Federation, the specified person is in the customs control zone or the transit zone of an airport open for international traffic, there are grounds to suspect that this person is hiding on himself and voluntarily does not release goods prohibited, respectively, for import into the customs territory of the Russian Federation and export from this territory or moved in violation of order.
Only if the specified circumstances coincide, the head of the customs authority or a person replacing him can make a decision to conduct a personal search of such a person. At the same time it is installed mandatory requirement about the written form of such a decision.
Checking labeling and the presence of identification marks on goods is a check for the presence on goods or their packaging of special marks, identification marks or other means of identifying goods used to confirm the legality of their import into Russia.
Inspection of premises and territory. Inspection of premises and territories to confirm the presence of goods and vehicles under customs control, including conditionally released ones. Inspection is carried out in temporary storage warehouses, customs warehouses, in the premises of a duty-free store, as well as at persons who must have goods in accordance with the conditions customs procedures or customs regimes. Inspection of premises and territories is carried out to confirm the presence of goods and vehicles under customs control, including conditionally released ones, in temporary storage warehouses, customs warehouses, in the premises of a duty-free store, as well as with persons who must have goods in accordance with with the conditions of customs procedures or customs regimes provided for by the Customs Code of the Customs Union.
There are two grounds for conducting an inspection of premises and territories, namely the availability of information about the loss of goods and (or) vehicles, their alienation or their disposal in another way or their use in violation of the requirements and conditions established by the Labor Code of the Customs Union; conducting a random check.
Accounting for goods under customs control.
An audit of the goods accounting and reporting system is carried out in relation to persons operating in the field of customs, using special simplifications, as well as using and (or) owning foreign goods
Customs checks.
They are carried out by the customs authority of a member state of the customs union, created and registered in accordance with the laws of this member state of the customs union.
Thus, customs audits are carried out on the following categories of persons:
Declarants;
Persons carrying out activities in the field of customs;
Persons engaged in wholesale and retail trade imported goods;
Participants in foreign economic activity.
Art. 122 of the Customs Code of the Customs Union establishes that during customs inspection the customs authorities check:
The fact of placing goods under the customs procedure;
Reliability of information stated in customs declaration and other documents presented during the customs declaration of goods that influenced the decision to release the goods;
Compliance with restrictions on the use and disposal of conditionally released goods;
Compliance with the requirements established by the customs legislation of the customs union and the legislation of the member states of the customs union for persons operating in the field of customs;
Compliance of persons, including those carrying out activities in the field of customs affairs, with the established criteria necessary for assigning the status of an authorized economic operator;
Other areas determined by the customs legislation of the customs union and the legislation of the member states of the customs union.
Thus, the comprehensive implementation of forms used by customs authorities in order to verify compliance by persons with the requirements of the customs legislation of the Russian Federation, other legislation of the Russian Federation and international treaties of the Russian Federation, control over the implementation of which is entrusted to the customs authorities of the Russian Federation, will allow the formation modern system ensuring the interests of the state in the field of customs, providing effective counteraction to threats to the security of the Russian Federation, solving socio-economic problems, creating favorable conditions for the activities of trade communities, individuals and legal entities.
In order to strengthen customs control over goods and vehicles subject to customs clearance, to ensure unconditional compliance with the requirements of Art. 181 Customs Code Russian Federation, Regulations on the procedure for creating and designating customs control zones, approved by order of the State Customs Committee of Russia dated July 13, 2000 N 594, Regulations on the temporary storage of goods and vehicles under customs control, approved by order of the State Customs Committee of Russia dated March 23, 2001 N 290, letters of the State Customs Committee of Russia dated 10/12/2000 N 01-06/29595 “On customs control zones” and dated 05/15/2002 N 01-18/18745 “On organizing the work of customs authorities on the creation and use of customs control zones” I order:
1. Approve the Procedure for making decisions on the creation of temporary customs control zones in the region of activity of the Central Customs Administration (hereinafter referred to as the Procedure) in accordance with Appendix 1 to this order.
2. To the heads of customs (except for the Central Rear):
2.1. Eliminate the creation of temporary customs control zones without sufficient grounds and conditions, as well as their functioning after the completion of the activities for which they were created.
2.2. Organize the consideration of requests for the creation of temporary customs control zones.
2.3. Decisions on the creation of temporary customs control zones and the termination of their validity must be formalized by customs orders.
2.4. Ensure that materials on the creation of temporary customs control zones are sent for approval to the Customs Control Organization Service of the Management (hereinafter referred to as the Department's SOTC) in cases determined by the Procedure.
2.5. Submit information in accordance with Appendices 2-4 to this order to the Department's STC before the 5th day of the month following the reporting month.
2.6. Organize on on an ongoing basis carrying out inspections of the functioning of temporary customs control zones.
If violations of customs legislation are detected, immediately take measures to eliminate such violations and inform the Department of Customs Control.
3. Head of the department for control and development of infrastructure of the Sotk Department V.G. Onishchenko to provide:
3.1. Consideration within five working days of materials sent by customs and submission to the management of the SOTC Department of conclusions on the creation of temporary customs control zones.
3.2. Maintaining records of temporary customs control zones created by customs.
3.3. Conducting an analysis of information provided by customs in accordance with the requirements of clause 2.5 of this order, and submitting proposals to the management of the SOTC Department on the procedure for the functioning of temporary customs control zones.
4. Entrust control over the implementation of this order to the first deputy head of the Department - head of the customs control organization service R.S. Mukhutdinova.
Head of Department
Lieutenant General of the Customs Service
A.E. Zherikhov
Appendix 1
to the order of the Central
customs department
dated January 21, 2003 N 38
ORDER
MAKING DECISIONS ON THE CREATION OF TEMPORARY CUSTOMS ZONES
CONTROL IN THE REGION OF OPERATIONS OF THE CENTRAL
CUSTOMS ADMINISTRATION
1. General provisions
1.1. A customs control zone is a specially allocated and designated part of the customs territory of the Russian Federation, created for the purpose of implementing customs control and ensuring compliance with the customs legislation of the Russian Federation.
1.2. Temporary customs control zones (hereinafter - TZTC) are created in territories, in premises where goods and vehicles subject to customs control are or may be located, if during such control it is necessary to determine a customs control zone based on the need to ensure the safety of such goods and vehicles , as well as the unhindered performance by customs authorities of their functions.
1.3. The creation of a VZTK for the purpose of carrying out customs clearance of goods and vehicles outside designated places must be considered as an exceptional measure used in cases where the delivery of goods to the places designated for their customs clearance is impossible or difficult due to the specific characteristics of the goods, and is associated with significant unproductive costs , may result in damage to the goods or loss of part of it consumer properties before the end of customs clearance, as well as in cases where it is not possible to ensure the safety of the goods during its journey to the established place of customs clearance.
1.4. The arrangement, equipment and technical equipment of the VZTK must exclude the possibility of the entry and withdrawal of goods and vehicles without customs control, as well as ensure their safety and the impossibility of access to them by unauthorized persons.
1.5. The customs authority has the right to establish specific requirements for the design, arrangement and equipment of the VZTK.
1.6. Organizations (enterprises) interested in creating a VZTK must provide free of charge for customs officials the premises, communications equipment and vehicles necessary for customs control and customs clearance, equipped in accordance with the requirements.
1.7. The validity period of the VZTK must correspond to the timing and nature of the events that necessitated the creation of such a zone.
2. The competence to make decisions on the creation of temporary customs control zones in the region of operation of the Department
2.1. Temporary customs control zones are created by decision of the head of customs or a person replacing him, without coordination with the customs control organization service of the Department (hereinafter - SOTC of the Department) in the following cases:
- when carrying out operational investigative activities, conducting inquiries and other actions of customs authorities provided for by the customs legislation of the Russian Federation;
- during customs clearance of goods and vehicles intended for exhibition events, customs clearance of which is carried out in accordance with Order of the State Customs Committee of Russia dated December 29, 2001 N 1276 “On approval of the Regulations on customs control and customs clearance of goods intended for exhibition events”;
- when transferring, in accordance with the established procedure, a specific consignment of goods for safekeeping to the direct recipient located in the region of customs activity;
- upon receipt of goods moved by rail to delivery points (destination stations) where there are no temporary storage warehouses (hereinafter referred to as temporary storage warehouses), and if it is impossible to place such goods and vehicles at the nearest temporary storage warehouses that have access railway tracks from the destination station;
- in other cases, for the duration of customs clearance and customs control of a separate consignment located outside the established place of customs clearance, if it is not possible to place it in the customs control zone of the temporary storage warehouse.
2.2. Coordination of the decision of the head of customs or the person replacing him on the creation of the VZTK is carried out with the STC of the Department upon receipt of goods transported at the delivery points by road transport, in cases where:
- structural unit the customs office that carries out customs control and customs clearance of goods and vehicles is located on its own premises and is located at a considerable distance (more than 50 km) from the temporary storage warehouse or does not have a temporary storage warehouse in the region of its activity;
- customs control zone of a temporary storage warehouse (room, open area, warehouse territory), located at the location of the customs authority that carries out customs clearance of goods and customs control ( customs post, OTOiTK, having a departmental code), or in the region of its activity, does not allow for the full placement of arriving goods and vehicles;
- VZTK is created outside the region of customs activity.
3. The procedure for approving the decision on the creation of a temporary customs control zone with the Department of Transport and Communications Control
3.1. In order to approve the customs decision on the creation of a temporary customs control zone (TCZ), the following materials are sent to the Department of Customs Control:
- a letter from customs with a reasoned justification for the reasons for the creation of the VZTK, containing a conclusion on the possibility of implementing proper customs control at the proposed place of creation of the VZTK;
- draft order on the creation of VZTK;
- a statement from an interested person with a reasoned request for the creation of a VZTK, indicating its exact address, area and an obligation to fulfill the requirements of the customs authority for arrangement, equipment, technical equipment, designation, organization of security, compliance established deadlines storage, accounting and reporting;
- constituent and registration documents of the person who submitted the application for the creation of the VZTK ( memorandum of association and/or charter, certificate of state registration, a certificate from the territorial division of the State Statistics Committee of Russia, a certificate of registration with the tax authority, a certificate from an authorized bank about the presence of a foreign currency or ruble account);
- an act of inspection by customs of the proposed place of creation of the VZTK with a conclusion on the possibility of its creation;
- plans (diagrams, drawings) of the premises, territory, etc., indicating the proposed location of the VZTK and indicating its dimensions;
- documents (originals or copies certified in accordance with the established procedure) confirming the right of ownership or possession of premises, territory, etc., where the creation of a VZTK is proposed;
- draft procedure for using VZTK or technological scheme use of VZTK.
3.2. The Department for Control and Development of Infrastructure of the Sotk Customs Department checks the materials received from customs for the validity and possibility of creating a VZTK, prepares a draft response to the customs and submits it for consideration and approval by the leadership of the Sotk Department.
4. Final provisions
4.1. In case of refusal to create a VZTK, customs sends a written reasoned response to the applicant.
4.2. If an interested person receives a reasoned conclusion about the impossibility of creating a VZTK, this person, after eliminating the shortcomings that served as the reason for the refusal, has the right to re-apply to the relevant customs authority on the issue of creating a VZTK.
4.3. Arrangement, equipment, technical equipment, designation and organization of security of the VZTK, as well as the provision of premises, communications and vehicles to the customs authority is carried out at the expense of the person interested in creating the VZTK.
Appendix 2
to the order of the Central
customs department
dated January 21, 2003 N 38
SCROLL
TEMPORARY CUSTOMS CONTROL ZONES CREATED
BY ORDERS OF ____ CUSTOMS IN CONSENT WITH THE MANAGEMENT
From 1 __________ 200_ TO 30(31) __________ 200_
Appendix 3
to the order of the Central
customs department
dated January 21, 2003 N 38
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY CUSTOMS ORDERS ____ WITHOUT CONSENT WITH THE ADMINISTRATION FROM 1 __________ 200_ TO 30(31) __________ 200_
Note. The list is compiled in Excel format.
Appendix 4
to the order of the Central
customs department
dated January 21, 2003 N 38
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF ______ CUSTOMS AND EFFECTIVE AS OF 1 __________ 200_.
Note. The list is compiled in Excel format.
Order of the Moscow Northern Customs of January 31, 2003 N 106
"On the procedure for making decisions
on the creation of temporary customs control zones"
In order to ensure compliance with the requirements of Art. 181 of the Customs Code of the Russian Federation, Regulations on the procedure for creating and designating customs control zones, approved by order of the State Customs Committee of Russia dated July 13, 2000 N 594, Regulations on the temporary storage of goods and vehicles under customs control, approved by order of the State Customs Committee of Russia dated March 23, 2001 N 290, The procedure for making decisions on the creation of temporary customs control zones in the region of activity of the Central Customs Administration, approved by Order of the Central Customs Administration dated January 21, 2003 N 38, I ORDER:
1. Approve the Procedure for making decisions on the creation of temporary customs control zones (hereinafter referred to as the Procedure) in accordance with Appendix 1 to this order.
2. To the heads of customs posts:
2.1. Ensure the consideration and timely submission to customs of applications from organizations interested in creating a temporary customs control zone (hereinafter referred to as the TCZ) in the form in accordance with Appendix 2 to this order, as well as a set of documents specified in Appendix 7, for making a decision.
2.2. Ensure an inspection of the proposed location for the creation of a VZTK, drawing up an inspection report and a written conclusion on the possibility of creating a VZTK with the subsequent submission of the specified documents to the Customs Department of Technical and Technical Control (Appendix 6).
2.3. Exercise control over the designation and use of VZTK in accordance with the customs legislation of the Russian Federation.
2.4. Ensure that every month, before the 3rd day of the month following the reporting period, the customs department submits information on the number of consignments located in the customs department during the reporting period.
2.5. Bring the procedure and conditions for creating a temporary customs control zone to interested parties.
3. To the Head of OOTOiTK (A.A. Eremin):
3.1. Record and register applications, check the availability of submitted documents and information stated in them, prepare draft orders on making a decision on the creation of a VZTK.
3.2. Ensure that materials on the creation of temporary customs control zones are sent for approval to the Customs Control Organization Service of the Management (hereinafter referred to as the Department's SOTC) in cases determined by the Procedure.
3.3. Submit information in accordance with Appendices 3-5 to this order to the Department's SOTK by the 5th day of the month following the reporting month.
4. The order of the head of customs dated October 10, 2001 N 142 shall be considered invalid.
5. Entrust control over the execution of this order to the First Deputy Head of Customs V.A. Aduvalina.
Head of Customs
Major General of Customs Service
A.M.Uzlovsky
DECISION MAKING PROCEDURE
ON THE CREATION OF TEMPORARY CUSTOMS CONTROL ZONES
1. General provisions
1.1. A customs control zone is a specially allocated and designated part of the customs territory of the Russian Federation, created for the purpose of implementing customs control and ensuring compliance with the customs legislation of the Russian Federation.
1.2. Temporary customs control zones (hereinafter - TZTC) are created in territories, in premises where goods and vehicles subject to customs control are or may be located, if during such control it is necessary to determine a customs control zone based on the need to ensure the safety of such goods and vehicles , as well as the unhindered performance by customs authorities of their functions.
1.3. The creation of a VZTK for the purpose of carrying out customs clearance of goods and vehicles outside designated places must be considered as an exceptional measure used in cases where the delivery of goods to the places designated for their customs clearance is impossible or difficult due to the specific characteristics of the goods, and is associated with significant unproductive costs , may result in damage to the goods or loss of part of its consumer properties before the end of customs clearance, as well as in cases where it is not possible to ensure the safety of the goods during its journey to the established place of customs clearance.
1.4. The arrangement, equipment and technical equipment of the VZTK must exclude the possibility of the entry and withdrawal of goods and vehicles without customs control, as well as ensure their safety and the impossibility of access to them by unauthorized persons.
1.5. The customs authority has the right to establish specific requirements for the design, arrangement and equipment of the VZTK.
1.6. Organizations (enterprises) interested in creating a VZTK must provide free of charge for customs officials the premises, communications equipment and vehicles necessary for customs control and customs clearance, equipped in accordance with the requirements.
1.7. The validity period of the VZTK must correspond to the timing and nature of the events that necessitated the creation of such a zone.
2. Decision-making competence
on the creation of temporary customs control zones
2.1. Temporary customs control zones are created by decision of the head of customs or a person replacing him, without coordination with the customs control organization service of the Department (hereinafter - SOTC of the Department) in the following cases:
When carrying out operational investigative activities, conducting inquiries and other actions of customs authorities provided for by the customs legislation of the Russian Federation;
During customs clearance of goods and vehicles intended for exhibition events, customs clearance which are carried out in accordance with the order of the State Customs Committee of Russia dated December 29, 2001 N 1276 “On approval of the Regulations on customs control and customs clearance of goods intended for exhibition events”;
When transferring, in accordance with the established procedure, a specific consignment of goods for safekeeping to the direct recipient located in the region of customs operations;
Upon receipt of goods transported by rail to delivery points (destination stations) where there are no temporary storage warehouses (hereinafter referred to as temporary storage warehouses), and if it is impossible to place such goods and vehicles at the nearest temporary storage warehouses that have access railway tracks from the destination station;
In other cases, for the duration of customs clearance and customs control of a separate consignment located outside the established place of customs clearance and in the absence of the possibility of placing it in the customs control zone of the temporary storage warehouse.
2.2. Approval of the decision of the head of customs or the person replacing him on the creation of a VZTK is carried out in the Department of Customs Control upon receipt of goods transported by road at the delivery points, in cases where:
The structural unit of customs that carries out customs control and customs clearance of goods and vehicles is located on its own premises and is located at a considerable distance (more than 50 km) from the temporary storage warehouse or does not have a temporary storage warehouse in the region of its activity;
The customs control zone of a temporary storage warehouse (room, open area, warehouse territory), located at the location of the customs authority that carries out customs clearance of goods and customs control (customs post, HTOiTC, having a departmental code), or in the region of its activity, does not allow in full accommodate incoming goods and vehicles;
The VZTK is created outside the region where the customs office operates.
3. The procedure for approval of decisions from the Department of Transport and Communications Control
on the creation of a temporary customs control zone
3.1. To approve the customs decision on the creation of the VZTK, OOTOiTK sends the following materials to the Department of Transport Control and Control:
A letter from customs with a reasoned justification for the reasons for the creation of the VZTK and containing a conclusion on the possibility of implementing proper customs control at the proposed place of creation of the VZTK;
Draft order on the creation of VZTK;
Application from an interested person with a reasoned request for the creation of a VZTK, indicating its exact address, area and obligation to fulfill the requirements of the customs authority for arrangement, equipment, technical equipment, designation, organization of security, compliance with established storage periods, accounting and reporting;
Constituent and registration documents of the person who submitted the application for the creation of the VZTK (founding agreement and / or charter, certificate of state registration, certificate of the territorial division of the State Statistics Committee of Russia, certificate of registration with the tax authority, certificate of the authorized bank on the presence of a foreign currency or ruble account);
An act of inspection by customs of the proposed place of creation of the VZTK with a conclusion on the possibility of its creation;
Plans (diagrams, drawings) of premises, territories, etc., indicating the proposed location of the VZTK and indicating its dimensions;
Documents (originals or copies certified in accordance with the established procedure) confirming the right of ownership or possession of premises, territory, etc., where the creation of a VZTK is proposed;
Draft procedure for using VZTK or technological scheme for using VZTK.
4. Final provisions
4.1. In case of refusal to create a VZTK, customs sends a written reasoned response to the applicant.
4.2. If an interested person receives a reasoned conclusion about the impossibility of creating a VZTK, this person, after eliminating the shortcomings that served as the reason for the refusal, has the right to re-apply to the relevant customs authority on the issue of creating a VZTK.
4.3. The arrangement, equipment, technical equipment, designation and organization of security of the VZTK, as well as the provision of premises, communications and vehicles to the customs authority are carried out at the expense of the person interested in creating the VZTK.
To the Head of the Moscow Northern Customs, Major General of the Customs Service A.M. Uzlovsky STATEMENT In connection with _____________________________________________________ (the rationale for the creation of a temporary zone of ___________________________________________________________________ customs control is indicated) We ask for permission to create a temporary customs control zone at the address: _______________________________________________________ on the territory of the organization (enterprise) __________________________ within _________ sq. m. m for a period of ___________ calendar days. Names and numbers of the submitted documents: 1. _____________________________ N _______________ from _________ 2. _____________________________ N _______________ from _________ 3. _____________________________ N _______________ from _________ 4. _____________________________ N _______________ from _________ 5. _____________________________ N _______________ from _________ We undertake to: - exclude the possibility of seizure outside of customs control goods and vehicles; - facilitate the implementation of customs control; - ensure the designation of the customs control zone and the impossibility of access for unauthorized persons to goods and vehicles under customs control; - ensure the clearing of the customs control zone from goods and vehicles by the date of its liquidation; - comply with other requirements of the customs legislation of the Russian Federation. General manager M.P. Chief accountant
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF THE MOSCOW NORTHERN CUSTOMS IN ACCORDANCE WITH THE ADMINISTRATION FROM 1 _______ 200_ TO 30 (31) _______ 200_ ┌───┬───── ────────── ─────┬───────────────┬────────────────┬─ ────────── ──────────┬────────────────────┬──────── ──┐ │N │Number and date │ Date of creation │Reason for creation│Location of VZTK│Number of goods │Note│ │p/p│of the order for creation │and actual │VZTK │(name and address│of parties located│ │ │ │and liquidation of VZTK │liquidation of VZTK │enterprises , railway │in VZTK (for the reporting │ │ │ │(number and date │ │ │station, etc.) │period) │ │ │ │extension order │ │ │ │ │ │ │term and the actions of VZTK) │ │ │ │ │ │ ├───┼────────────────────┼────── ─────────┼── ──────────────┼─────────────────────┼─── ────────── ───────┼──────────┤ │1 │2 │3 │4 │5 │6 │7 │ ├───┼─── ──────── ─────────┼───────────────┼────────────── ──┼─────── ──────────────┼────────────────────┼──── ──────┤ └── ─┴────────────────────┴───────────────┴─ ────────── ─────┴─────────────────────┴──────────── ────────┴─ ─────────┘
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF THE MOSCOW NORTHERN CUSTOMS WITHOUT CONSENT WITH THE ADMINISTRATION FROM 1 _______ 200_ TO 30 (31) _______ 200_ ┌───┬────── ───────── ─────┬───────────────┬────────────────┬─ ────────── ──────────┬────────────────────┬──────── ──┐ │N │Number and date │ Date of creation │Reason for creation│Location of VZTK│Number of goods │Note│ │p/p│of the order for creation │and actual │VZTK │(name and address│of parties located│ │ │ │and liquidation of VZTK │liquidation of VZTK │enterprises , railway │in VZTK (for the reporting │ │ │ │(number and date │ │ │station, etc.) │period) │ │ │ │extension order │ │ │ │ │ │ │term and the actions of VZTK) │ │ │ │ │ │ ├───┼────────────────────┼────── ─────────┼── ──────────────┼─────────────────────┼─── ────────── ───────┼──────────┤ │1 │2 │3 │4 │5 │6 │7 │ ├───┼─── ──────── ─────────┼───────────────┼────────────── ──┼─────── ──────────────┼────────────────────┼──── ──────┤ └── ─┴────────────────────┴───────────────┴─ ────────── ─────┴─────────────────────┴──────────── ────────┴─ ─────────┘
Note. The list is compiled in Excel format.
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF THE MOSCOW NORTHERN CUSTOMS AND EFFECTIVE AS OF 1 _______ 200_ ┌───┬─────────── ─────────┬─── ─────────────┬────────────────┬───────── ────────── ──┬───────────────────┬──────────┐ │N │Number and date │Creation date │Reason for creation│Location of VZTK │Number of goods│Note│ │p/p│of the order on the creation of │VZTK and term │VZTK │(name and address│of parties located│ │ │ │VZTK (number and date │(indicating │ │enterprises, railway │ in the VZTK (for the reporting│ │ │ │order to extend │dates), for which│ │station, etc.) │period) │ │ │ │validity of the VZTK)│the VZTK was created │ │ │ │ │ ├─ ── ┼────────────────────┼────────────────┼─ ────────── ─────┼─────────────────────┼──────────── ───────┼── ────────┤ │1 │2 │3 │4 │5 │6 │7 │ ├───┼───────────── ───────┼ ────────────────┼────────────────┼────── ────────── ─────┼───────────────────┼──────────┤ └── ─┴──────── ────────────┴────────────────┴────────── ──────┴─── ──────────────────┴───────────────────┴─ ─────────┘
Note. The list is compiled in Excel format.
ACT OF SURVEY OF THE TERRITORY (PREMISES) OF THE PROPOSED PLACE OF CREATION OF THE VZTK In the period from ____________________ to __________________, a commission (date of the survey) consisting of: ___________________________ __________________________ (members of the commission) (name of post) of the customs post conducted a survey of the territory (premises) of the proposed place of creation of the VZTK, located at address: ____________________. The proposed location for the creation of the VZTK with an area of ________________ sq. m meets the requirements for the arrangement, equipment and technical equipment of the VZTK. The possibility of receipt and removal of goods and vehicles without customs control is excluded, the safety and impossibility of access of unauthorized persons to goods and vehicles is ensured: _______________________________________________________ (information about the presence of fencing, ________________________________________________________________ markings, security, alarms, double locking ________________________________________________________________ devices, etc. is indicated. ) Members of the commission: 1. ____________________________ ______________ ________________ (position held) (signature) (Full name) 2. ____________________________ ______________ ________________ (position held) (signature) (Full name) Conclusion: I consider it appropriate to create a VZTK for the period specified in the application ______________________________ from ______ to _____. (name of organization) Head ____________________________ post _____________________ (name of post) (place of signature) _____________________________ (full name, special title) Date
SCROLL
DOCUMENTS ATTACHED TO THE APPLICATION FOR CREATION OF VZTK
1. A document confirming the right of ownership, use or disposal of territory or premises (warehouse).
2. Graphic display of a territory or premises in the form of a plan or map.
3. Power of attorney for the right to represent interests legal entity to an individual.
Note. If it is necessary to agree on the decision to create a VZTK with the Central Technical Control Center, a set of documents is submitted in accordance with the requirements of clause 3 of the Procedure.
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