DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of December 13, 2017 No. 172

About modification of the Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of the cryptography (cryptographic) tools

According to article 46 of the Agreement on the Eurasian Economic Union of May 29, 2014 and item 4 of Article 7 of the Customs code of the Eurasian Economic Union the Board of the Eurasian economic commission solved:

1. Bring in the Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of the cryptography (cryptographic) tools approved by the Decision of Board of the Eurasian economic commission of April 21, 2015 No. 30 "About measures of non-tariff regulation", changes according to appendix.

2. To provide to department of customs and tariff and non-tariff regulation of the Eurasian economic commission placement on the official site of the Eurasian Economic Union of information on the features of import to customs area of the Union or export determined by the Eurasian economic commission from customs area of the Union by physical persons in goods quality for private use of the goods included in the single inventory to which measures of non-tariff regulation in trade with the third countries, stipulated in Item 4 Protocols on measures of non-tariff regulation are applied to the third countries (appendix No. 7 to the Agreement on the Eurasian Economic Union of May 29, 2014).

3. This Decision becomes effective after 30 calendar days from the date of its official publication, but not earlier than the date of entry into force of the Agreement on the Customs code of the Eurasian Economic Union of April 11, 2017.

Appendix

to the Decision of Board of the Eurasian economic commission of December 13, 2017 No. 172

The changes made to Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of the cryptography (cryptographic) tools

1. Add Item 5 with paragraphs of the following content:

"Import or export by physical persons in goods quality for private use of the cryptography (cryptographic) tools included in the list according to appendix No. 5, is performed without representation of conclusion state member to customs authority (the allowing document) or data on notification. If the cryptography (cryptographic) tools are not included in the list provided by appendix No. 5 to this Provision, their import or export is performed by physical persons only in the presence concerning such goods of data on notification. Import or export by physical persons in goods quality for private use of the cryptography (cryptographic) tools which are not included in the list provided by appendix No. 5 to this Provision and concerning which there are no data on notification is prohibited.

Customs control is exercised in case of availability at customs authority of state member of data on possible violations of the procedure for movement by physical persons established by this Provision in goods quality for private use of the cryptography (cryptographic) tools.".

2. Add with appendix No. 5 of the following content:

"Appendix No. 5

to Regulations on import to customs area of the Eurasian Economic Union and export from customs area of the Eurasian Economic Union of the cryptography (cryptographic) tools

The list of the cryptography (cryptographic) tools when which importing to customs area of the Eurasian Economic Union or evacuation of whom from customs area of the Eurasian Economic Union by physical persons in goods quality private use does not require submission of the conclusion (the allowing document) or data on notification

1. The public software on any medium intended for mass application, widely presented and which is freely on sale at the market, representing one of the following programs (set of programs):

a) operating system (for example, Linux, Microsoft Windows, Mac OS X, Android, iOS, etc.);

b) Internet browser (for example, Google Chrome, Internet Explorer, Opera, Apple Safari, Mozilla Firefox, etc.);

c) means of exchanging e-mail (for example, Mozilla Thunderbird, The Bat!, Opera Mail, etc.);

d) the software for online communication on the Internet (for example, WhatsApp, Viber, WeChat, Skype, etc.);

e) the programs intended for processing of electronic documentation on the personal computer: text and graphical editors, spreadsheets, programs of preparation of the presentations, database management systems, accounting programs, etc. (for example, OpenOffice, Microsoft Office, Kingsoft Office, 1C, Galaktika-Parus, etc.);

e) anti-virus means (for example, Kaspersky, Dr. Web, NOD32, Norto№Antivirus, etc.);

g) translation programs (for example, ABBYY Lingvo, PROMT, etc.);

h) archivers (for example, WinRAR, 7z, WinZip, Arj, etc.);

i) programs for listening and processing of music, viewing and processing of video and images;

j) transmission media of files;

k) game programs;

l) payment systems of Internet banking;

m) the software for use on social networks and their services.

2. Means of the digital signature (digital signature) on any medium.

3. Computers (personal computers, monoblocks, pocket computers, netbooks, laptops, tablet computers, pocket game consoles, smartphones, electronic devices "smart watch", bicycle computers, etc.), their electronic modules and parts:

a) without software or with the established (preset) software specified in Items 1 and 2 of this list;

b) with the established (preset) software of public application other than the software specified in Items 1 and 2 of this list in which function of enciphering is auxiliary and it cannot be changed by the user.

4. Bank cards, sim cards, discount cards, cards with travel documents, the social cards, electronic control charts of access, electronic ID cards and other electronic cards intended for public application which cryptographic opportunities are unavailable to the user.

5. The reception equipment for broadcasting and television and its parts, including receivers with communication function.

6. Telephone sets for cellular communication networks and their accessories, except for the specialized phones and accessories intended for mobile networks of the encoded communication (capable to end-to-end enciphering).

7. Goods, including printers, multifunctional devices (the printer, the scanner, the photocopier, etc.), the photocopiers and their electronic modules containing the equipment performing enciphering of information with the maximum range of action without strengthening and relaying less than 400 m according to specifications of the producer including routers (routers) and wireless modems for the Internet and local networks.

8. Receivers are radio navigational, the equipment of remote control and their part.".

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