ORDER OF THE MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION AND FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of April 16, 2018 No. 515

About modification of appendices to the Order of FCS of Russia of October 19, 2011 No. 2140

I order:

1. Appendices No. 1 - No. 7 to the order of FCS of Russia of October 19, 2011 "About approval of approximate forms of the guarantee agreements signed based on general guarantee agreements" to state No. 2140 in edition according to appendices No. 1 - No. 7 to this order.

2. To impose control of execution of this order on the deputy manager of FCS of Russia T. I. Maximov.

Appendix №1

to the Order of the Federal Customs Service of the Russian Federation of April 16, 2018 No. 515

Appendix №1

to the Order of the Federal Customs Service of the Russian Federation of October 19, 2011 No. 2140

Sample

Approximate form of the agreement
guarantees on ensuring fulfillment of duties of the legal entity performing activities in the field of customs affairs as the customs representative

________________________                                                       "__" ________ 20 __.

     (detention center)

The Federal Customs Service (further - FCS of Russia) which is referred to as in

further the Creditor, on behalf of ______________________________________________,

                                                           (position, surname, name, middle name)

the acting on the basis of the Regulations on the Federal Customs Service,

approved by the order of the Government of the Russian Federation from 16

September, 2013 No. 809, on the one hand, and _______________________________,

                                                                         (name of the guarantor)

the hereinafter referred to as Guarantor, on behalf of ________________________________,

                                                                                (position, surname, name,

                                                                                             middle name)

acting on the basis of the Charter, on the other hand, together referred to as

The parties, signed this Agreement based on the article 50, of article 62,

Articles 63, Articles 71, Articles 75, Articles 399, subitem 2 of Item 1 of Article

402 Customs code of the Eurasian Economic Union (further

Customs code), parts 6 of Article 60, Articles 114, Article 146 Federal

the law of November 27, 2010 No. 311-FZ "About customs regulation in

The Russian Federation" (further - the Federal Law), Articles 361 - 367

The civil code of the Russian Federation and according to General

the guarantee agreement between FCS of Russia and the Guarantor from "__" ______ 20 __

years No. _______ (further - the General guarantee agreement) about

following.

1. Subject of the agreement

1.1. Under this agreement the Guarantor shall answer before

The creditor for execution __________________________________________________

                                                     (the name of the organization - customs

__________________________________________________________________________,

  representative, specifying of form of business, location,

                     RCBO, INN code, bank details of the organization)

hereinafter referred to as the Debtor, arising at the Debtor according to

The customs code and (or) the Federal Law of obligation on payment

customs duties, taxes, special, anti-dumping, compensatory

duties, penalty fee and percent, or solidary obligation on payment of customs

duties, taxes, the special, anti-dumping, compensatory duties with

payer of the customs duties, taxes, special, anti-dumping,

compensatory duties, including such obligation (solidary

obligations) which can arise in the future, in the amount no more

____________________________ rubles.

       (figures and copy-book)

1.2. This Agreement provides execution by the Debtor of obligations of the legal entity performing activities in the field of customs affairs as the customs representative according to Article 50, Article 57, Article 74, Article 399, items 4 and the 5th Article 405 of the Customs code, part 6 of Article 60, Article 114, Article 120, part 1 of article 151 of the Federal Law, including obligations which can arise in the future.

1.3. The amount of obligations of the Guarantor under this agreement decreases by payment amounts, performed by the Guarantor under this agreement in connection with non-execution or improper execution by the Debtor of the obligations specified in Items 1.1 and 1.2 of this Agreement.

2. Rights and obligations of the Parties

2.1. Obligations of the Guarantor

2.1.1. Answer to the Creditor solidary with the Debtor in case of non-execution or improper execution by the Debtor of the obligations specified in Items 1.1 and 1.2 of this Agreement.

2.1.2. Pay the amounts of customs duties, taxes, the special, anti-dumping, compensatory duties, penalty fee and percent which are due according to the right of the Eurasian Economic Union and the legislation of the Russian Federation within five days from the date of receipt of the written requirement of the Creditor (the customs authority specified in Item 4.1 of this Agreement) into the account specified in the requirement in case of non-execution or improper execution by the Debtor of the obligations specified in Items 1.1 and 1.2 of this Agreement.

2.1.3. Pay the amounts of customs duties, taxes, the special, anti-dumping, compensatory duties, penalty fee and percent which are due according to the right of the Eurasian Economic Union and the legislation of the Russian Federation into the account specified in the requirement in case of variation the Creditor (the customs authority specified in Item 4.1 of this Agreement) of the objections pushed by the Guarantor according to Item 2.2.1 of this Agreement within one working day from the moment of receipt of the repeated written requirement of the Creditor (the customs authority specified in Item 4.1 of this Agreement).

2.1.4. Include in bank account agreement between the Guarantor and

_________________________________________ in which the account is opened for the Guarantor

    (name of credit institution)

No. _______________________________, the right of the Creditor to show orders

                    (account number)

to the account of the Guarantor specified in this Item.

2.1.5. Provide in the credit institution specified in Item 2.1.4 of this Agreement, information about the Creditor having the right to show collection orders on cash write-off in indisputable procedure, about the obligation according to which payments, and also about the basic agreement will be made (date, number and the corresponding Item providing the right of indisputable write-off).

2.1.6. Provide to the Creditor the notarized copy of the bank account agreement or the supplementary agreement to bank account agreement containing the Creditor's right specified in Item 2.1.4 of this Agreement.

2.2. Rights of the Guarantor

2.2.1. Push against the requirement of the Creditor (the customs authority specified in Item 4.1 of this Agreement) of objection which the Debtor, within the term specified in Item 2.1.2 of this Agreement could provide. The guarantor does not lose the right to these objections even if the Debtor refused them or recognized the debt.

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