It is registered
Ministry of Justice
Russian Federation
On October 18, 2019 No. 56282
of August 30, 2019 No. 1374
About approval of Administrative regulations of implementation of customs control by the Federal Customs Service when importing (arrival) of the goods moved with air transport to the Russian Federation or export (departure) of the goods moved with air transport from the Russian Federation in the international freight traffic
According to part 3 of article 214 of the Federal Law of August 3, 2018 No. 289-FZ "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2018, No. 32, the Art. 5082, No. 49, the Art. 7524, 2019, No. 18, the Art. 2207), the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2019, No. 30, the Art. 4469), Item 1 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of September 16, 2013 No. 809 (The Russian Federation Code, 2013, No. 38, the Art. 4823, No. 45, Art. 5822; 2014, No. 37, Art. 4971; 2015, No. 2, Art. 491, No. 47, Art. 6586; 2016, No. 17, Art. 2399, No. 28, Art. 4741; 2017, No. 25, Art. 3689; 2019, No. 7, the Art. 627, No. 23, the Art. 2955), the Rules of development and approval of administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, to No. 46, of the Art. 7050), I order:
1. Approve the enclosed Administrative regulations of implementation of customs control by the Federal Customs Service when importing (arrival) of the goods moved with air transport to the Russian Federation or export (departure) of the goods moved with air transport from the Russian Federation in the international freight traffic.
2. To impose control of execution of this order on the deputy manager of FCS of Russia responsible for the corresponding activity.
3. This order becomes effective after 30 days after day of its official publication.
Head
V. I. Bulavin
Appendix
to the Order of the Federal Customs Service of the Russian Federation of August 30, 2019 No. 1374
1. The administrative regulations of implementation of customs control by the Federal Customs Service when importing (arrival) of the goods moved with air transport to the Russian Federation or export (departure) of the goods moved with air transport from the Russian Federation in the international freight traffic (further - Administrative regulations) establish terms and the sequence of ministerial procedures (administrative actions) of customs authorities, order of interaction when carrying out customs control of customs authorities with participants of foreign economic activity and other state bodies.
2. Customs control on implementation of customs control when importing (arrival) of the goods moved with air transport to the Russian Federation or export (departure) of the goods moved with air transport from the Russian Federation in the international freight traffic (further - the state control).
3. The state control is exercised by the Federal Customs Service. On behalf of FCS of Russia directly state control is exercised by the customs authorities of the Russian Federation which are in check points through Frontier of the Russian Federation (further respectively - customs authorities, check points) in which import and export in (from) the Russian Federation(s) of goods and air vehicles of international delivery is performed (further - air transport).
4. The list of the regulatory legal acts regulating implementation of the state control is posted on the official site by FCS of Russia in Internet network (further - the website of FCS of Russia) (www.customs.ru), in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (www.gosuslugi.ru) (further - the Single portal of the state and municipal services (functions).
5. Subject of the state control is the customs control which is carried out by officials of structural divisions of the customs authorities which are in the air check point (further - the runway) within which competence implementation of customs transactions and carrying out customs control concerning the imported and exported goods (further - officials, structural division), behind observance by carrier of provisions of the acts constituting the right of the Eurasian Economic Union (further - the right of EEU), and (or) legislations of the Russian Federation on customs regulation is (further - the Legislation).
6. Officials when implementing customs control when importing (arrival) of the goods moved with air transport to the Russian Federation or export (departure) of the goods moved with air transport from the Russian Federation in the international freight traffic have the right:
perform observance by carrier of rules of law of EEU and the Legislation, provisions of these Administrative regulations;
perform completeness and reliability of submission of the documents and data established by Articles 7, of 11, of 88, of 89, 92 Customs codes of the Eurasian Economic Union (The Federal Law of November 14, 2017 No. 317-FZ "About ratification of the Agreement on the Customs code of the Eurasian Economic Union" (The Russian Federation Code, 2017, No. 47, of the Art. 6843) (further - the Code of the Union);
request and receive documents and data which are connected with carrying out the customs transactions made when importing (arrival) of the goods moved with air transport to the Russian Federation or export (departure) of the goods moved with air transport from the Russian Federation in the international freight traffic;
take the measures provided by international treaties and the right EEU, the Legislation, and also other regulatory legal acts of the Russian Federation for the purpose of ensuring observance of these acts with carriers (Item 1 of part 1 of article 259 of the Federal Law of August 3, 2018 No. 289-FZ "About customs regulation in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2018, No. 32, the Art. 5082, No. 49, Art. 7524; 2019, No. 18, the Art. 2207) (further - the Federal Law);
apply measures for risk minimization, including within risk management system (further - the RMS);
use technical means of customs control;
perform information collection about persons performing the foreign economic activity connected with movement of goods through Frontier of the Russian Federation, or other activities concerning the goods which are under customs control (Item 1 of article 361 of the Code of the Union);
request, and in the cases established by the Code of the Union, demand from the customs applicant, carrier, persons performing activities in the field of customs affairs and other persons of submission of the documents and (or) data necessary for carrying out customs control, and also to establish the term of their representation which shall be sufficient for submission of the required (requested) documents and (or) data (Item 1 of article 340 of the Code of the Union);
require documents and data, including on telecommunication channels, including through the information resource "personal account", the posted online "Internet" (further - personal account) which representation is provided by international treaties, the right EEU and the Legislation (Item 2 of part 1 of article 259 of the Federal Law);
demand from persons of confirmation of powers on implementation of certain activities in the field of customs affairs or making of certain actions (Item 3 of part 1 of article 259 of the Federal Law);
detain and bring to service premises of customs authority or to law-enforcement bodies of the Russian Federation persons suspected of making of the crimes which committed or committing crimes or administrative offenses in the field of customs affairs (customs offense), in accordance with the legislation of the Russian Federation (Item 5 of part 1 of article 259 of the Federal Law);
perform within competence information exchange with public authorities, other bodies and the organizations (Item 8 of part 1 of article 259 of the Federal Law);
perform other rights provided by the right of EEU and the Legislation.
Officials when implementing the state control shall:
request within interdepartmental information exchange the documents and (or) information included in the list of the documents and (or) information requested and received within interdepartmental information exchange by state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information, No. 724-r approved by the order of the Government of the Russian Federation of April 19, 2016 (The Russian Federation Code, 2016, No. 18, of the Art. 2647, No. 42, of Art. 5972 are; 2017, No. 32, Art. 5152, No. 35, Art. 5385; 2019, No. 5, the Art. 410) (further - the interdepartmental list), from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are;
exercise control of observance by carrier of the right of EEU and the Legislation;
observe the international agreements, the right of EEU and the Legislation (Item 1 of article 258 of the Federal Law);
provide information in the Eurasian economic commission on places of arrival (departure), about the set restrictions and about working hours of customs authorities, including with use of information technologies (item 4 of article 10 of the Code of the Union);
acquaint the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative with the documents and (or) information received within interdepartmental information exchange;
exclude the requirement from the legal entity, the individual entrepreneur of submission of documents and (or) information, including allowing documents, available other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations, included in the interdepartmental list (Item 2 of article 80 of the Code of the Union);
observe provisions of these Administrative regulations.
7. The carrier has the right:
on own initiative to submit the documents which are available for it and (or) information which are at the disposal of other state bodies of local government bodies or subordinated to state bodies or local government bodies of the organizations and are included in the interdepartmental list;
on acquaintance with the documentary information on themselves which is available for customs authorities and on refining of this information for the purpose of ensuring its completeness and reliability including received by customs authorities within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information included in the interdepartmental list (Item 3 of article 361 of the Code of the Union) are;
appeal the decision, action (failure to act) of customs authority and its official if such decision, by action (failure to act), according to this person, violates its rights, freedoms or legitimate interests, to it obstacles to their realization are created or any obligation (part 1 of article 285 of the Federal Law) is illegally assigned to it;
charge to submit documents and data to the customs representative or other persons acting at the request of carrier (Item 2 of article 88 of the Code of the Union);
perform other rights provided by the right of EEU and the Legislation.
In case of commodity importation to the Russian Federation the carrier shall:
provide the preliminary information to customs authority not later than 2 hours before arrival of the aircraft or if duration of the flight which is carried out by the aircraft constitutes less than 2 hours 30 minutes, to provide the preliminary information not later than in 30 minutes after the actual departure of the aircraft from airport of departure in the airport of arrival of the aircraft on customs area of EEU (item 4 of the Procedure for submission of the preliminary information about the goods assumed to import to customs area of the Eurasian Economic Union air transport approved by the Decision of Board of the Eurasian economic commission of April 24, 2018 No. 62 (the official site of the Eurasian Economic Union of http://www.eaeunion.org/, on August 3, 2018 (further - the Decision of Board of ECE No. 62) <1>;
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<1> With the changes made by the Decision of Board of the Eurasian economic commission of July 31, 2018 No. 124 (the official site of the Eurasian Economic Union of http://www.eaeunion.org/, on August 3, 2018)
deliver goods to the place of arrival or other place determined according to Item 3 of article 10 of the Code of the Union (Item 1 of article 87 of the Code of the Union);
if after crossing of Frontier of the Russian Federation the goods delivery to the place of arrival is interrupted, the carrier and other persons shall take all measures for ensuring safety of goods, report without delay in the nearest customs authority about these circumstances and about the location of goods, and also in case of damage of the vehicle to transport goods or to provide their transportation (transportation) in the nearest customs authority or other place specified by customs authority (Item 2 of article 87 of the Code of the Union);
notify customs authority on arrival of goods on customs area of EEU by submission of documents and data, stipulated in Article 89 Codes of the Union, or by submission of the document containing data on number of registration of the preliminary information presented in the form of the electronic document in the following terms:
within 1 hour from the moment of statement of the aircraft to the parking lot at the airport of arrival, and in case of arrival out of working hours of customs authority - within 1 hour from the moment of approach of time of the beginning of work of customs authority (Item 1 of part 3 of article 85 of the Federal Law);
during 3 working hours of customs authority from the moment of the notification on arrival if other term is not established the right EEU and the Legislation concerning the goods transported by air transport, the carrier shall make one of the customs transactions connected with (Item 5 of article 88 of the Code of the Union):
1) goods placement on temporary storage;
2) transportation (transportation) of goods from places of arrival to the place of temporary storage;
3) customs declaration of goods;
4) goods placement under customs procedure of free customs zone in the territory of the port free economic zone (further - SEZ) or logistic SEZ;
5) commodity exportation from customs area of EEU;
6) to perform other obligations provided by the right of EEU and the Legislation.
In case of commodity exportation from the Russian Federation the carrier shall:
submit to customs authority documents and data provided by the subitem 3 of Item 1 of Article 89 and article 92 of the Code of the Union;
perform other obligations provided by the right of EEU and the Legislation.
8. Factual determination of observance (non-compliance) by carrier of the right of EEU and the Legislation is result of implementation of the state control.
9. The exhaustive list of documents and (or) information requested during customs control personally at carrier is stipulated in Item 5 Decisions of Board of ECE No. 62, the subitem 3 Items 1, Item 2 of Article 89 and article 92 of the Code of the Union.
10. The exhaustive list of documents and (or) information requested and received during customs control within interdepartmental information exchange from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations, is established by the interdepartmental list.
11. The procedure for informing on implementation of the state control, data on the course of implementation of the state control is performed by placement on the website of FCS of Russia, in the Single portal of the state and municipal services (functions) and in the federal register.
Information on procedure and the course of implementation of the state control is by phone provided directly by officials.
In case of the written address informing on procedure and the course of implementation of the state control is performed in writing by the direction to the applicant of the reply of customs authority.
12. Information on the location, the working schedule, e-mail addresses, numbers of telephone numbers for enquiries and phones answerphones of regional customs authorities and customs is placed:
at information stands in the locations of regional customs authorities and customs;
on the official sites of the regional customs authorities and customs which are directly subordinated to FCS of Russia on the Internet;
on the Single portal of the state and municipal services (functions).
13. The website of FCS of Russia contains references to the official sites of the regional customs authorities and customs which is directly subordinated to FCS of Russia on the Internet.
The official sites of regional customs authorities contain information on the customs subordinated to the relevant regional customs authority.
14. The term of implementation of the state control concerning the goods imported on customs area of EEU by air transport cannot exceed 3 working hours of customs authority from the moment of the notification on arrival according to article 88 of the Code of the Union.
15. The term of implementation of the state control (supervision) concerning the goods which are exported from customs area of EEU by air transport cannot exceed 2 hours from the moment of representation to customs authority of the documents and data provided by Items 1 and 2 of article 92 of the Code of the Union if other term is not established the right EEU and the Legislation concerning separate types of goods.
16. The term of implementation of the state control can be increased by time necessary for implementation of other types of the state control, carrying out or completion of forms of customs control, the measures providing carrying out customs control, and also other measures established by the Code of the Union and part 2 of article 313 of the Federal Law.
17. When implementing the state control the following ministerial procedures (actions) are performed:
1) verification of provided preliminary information;
2) registration of the notification on arrival of goods and vehicles for customs area of EEU, and also the documents and data provided in case of departure of goods and vehicles from customs area of EEU;
3) verification of presence of the documents and data established by articles 89 and 92 of the Code of the Union;
4) verification of documents and data.
18. The basis for accomplishment of ministerial procedure is submission of the preliminary information by carrier.
The official of customs authority performs verification of the preliminary information provided by carrier, including using risk management system, and makes provisional solutions no later than 1 hour before arrival of the aircraft and if duration of flight of the aircraft constitutes less than 2 hours 30 minutes, - before the actual arrival of the aircraft.
In case of submission by carrier of documents and data in electronic form in the Single automated information system of customs authorities (further - EAIS of customs authorities) submission of paper documents is not required.
Suspension of this ministerial procedure is not provided the right EEU and the Legislation.
Acceptance criterions of provisional solutions is availability or lack of the complete and reliable information provided in the preliminary information, stipulated in Item 5 Decisions of Board of ECE No. 62.
Adoption of provisional solutions is result of ministerial procedure.
Method of fixing of result of ministerial procedure is entering of data on the made decision into regular software.
19. The basis for ministerial procedure is representation by carrier to the authorized officer of registration number of the preliminary information or the documents and data established by provisions of articles 88 and 92 of the Code of the Union in the amount established by provisions of article 89 of the Code of the Union.
At the same time officials within 20 minutes from the moment of receipt of the notification on arrival of the goods which arrived air transport to the territory of the Russian Federation (further - the notification on arrival), with use of the Single automated information system (further - EAIS) customs authorities fix date and time of the notification on arrival in the magazine of registration of notifications on arrival (part 8 of article 85 of the Federal Law) or perform document registration and the data provided in case of departure of goods and vehicles from customs area of EEU (further - the message on departure).
In case of detection of discrepancy of the electronic data containing in the preliminary information to the established structure and format of the electronic documents participating in interaction between customs authorities and interested persons, to person which provided the preliminary information from EAIS of customs authorities automatically (within 3 minutes) the electronic message containing list of the revealed mistakes for their elimination and the repeated direction of the preliminary information goes.
In case of submission by carrier of documents and data on papers the official puts down number of the notification on arrival or messages on departure in the right upper corner of copy of the general declaration and assures the signature and print of personal number seal (further - LNP).
The term of ministerial procedure cannot exceed 20 minutes from the moment of submission by carrier of documents and data.
Or messages on departure the official is responsible for registration of the notification on arrival.
Suspension of this ministerial procedure is not provided the right EEU and the Legislation.
Acceptance criterions of decisions on possibility of registration of the notification on arrival or messages on departure by the official is availability or lack of the complete and reliable information provided in the documents and data established by articles 89 and 92 of the Code of the Union.
Registration of the notification on arrival or messages on departure is result of ministerial procedure.
Method of fixing of result of ministerial procedure is entering of data on the made decision into regular software.
20. The basis for ministerial procedure is availability of the registered notification on arrival or messages on departure by means of EAIS of customs authorities based on the documents and data filed by carrier in the amount established by provisions of article 89 of the Code of the Union, or by submission of the document containing data on number of registration of the preliminary information presented in the form of the electronic document, within discharge of duty, established by provisions of articles 88 and 92 of the Code of the Union.
The official checks completeness and accuracy of the information, containing in documents, and the data established statyam 89 and 92 Codes of the Union, provided by carrier according to provisions of Item 2 of the Decision of Board of ECE No. 158 and item 4 of the Decision of Board of ECE No. 62.
At the same time putting down of marks (personal number seals, stamps, marks "Import Is Prohibited", "Unloading Is Resolved", "Except for the Goods Moved on Airfreight Superimposed No. _________", "Goods Are Located on Warehouse of Temporary Storage (or to Other Place of Temporary Storage Established by Part 1 of Article 198 of the Federal Law) and Are Subject to the Return Export to DD.MM.GGTG", "Release Is Prohibited", "Load customs. Unloading is resolved", "Release is resolved", "Export is resolved", "Technical landing for the purpose of __________", "Carrying out cargo operations with goods was not made") and creation of documents (the statement for provision of missing documents, the protocol on detention of goods and documents for them, the act of accident or force majeure, the act of customs observation) it is not required.
The term of ministerial procedure cannot exceed 30 minutes from the moment of registration of the notification on arrival (the message on departure).
The official is responsible for verification of presence of the documents and data established by articles 89 and 92 of the Code of the Union.
Suspension of implementation of this ministerial procedure is not provided the right EEU and the Legislation.
Acceptance criterions of decisions on permission or prohibition of commodity importation in (from) the Russian Federation(s) the official is availability or lack of the complete and reliable information provided in documents and the data established by articles 89 and 92 of the Code of the Union.
Factual determination of availability (absence) of violation of the right of EEU and the Legislation is result of ministerial procedure.
Method of fixing of result of ministerial procedure is entering of the data on established fact into regular software.
21. The basis for ministerial procedure is the end of ministerial procedure of verification of presence of documents and data, stipulated in Item 1 Article 89 and article 92 of the Code of the Union.
The official is responsible for verification of documents and data.
Ministerial procedure of verification of documents and data includes control of observance of acts of the right of EEU and the legislation of the Russian Federation setting prohibitions and import restrictions to the Russian Federation and export from the Russian Federation of separate goods, and verification of the documents and data submitted by carrier, including with use of the RMS.
22. In case of the control of observance of acts of the right of EEU and the legislation of the Russian Federation setting prohibitions and import restrictions to the Russian Federation and export from the Russian Federation of separate goods, the official performs the submitted documents and data on availability (absence) of data on goods, import (export) on (c) territory(territories) of the Russian Federation which it is prohibited or limited.
According to provisions of Items 1 - 3 articles 12 of the Code of the Union in case of availability of goods, import (export) on (c) territory(territories) of the Russian Federation which it is prohibited, or lack of the documents confirming observance of restrictions for goods, import (export) of which on (c) territory(territories) of the Russian Federation it is limited, the official with use of EAIS of customs authorities makes the decision on prohibition of import (export) of such goods.
In case of impossibility of commodity exportation which import to customs area is prohibited or limited or non-realizations of their immediate export goods are subject to detention and with them actions according to the procedure, provided by Chapter 51 of the Code of the Union are made.
The decision made by customs authority according to this Item automatically goes to carrier with use of EAIS of customs authorities.
The term of ministerial procedure is established proceeding from the number of names of the moved goods and determined 1 minute by each name of goods.
Suspension of this ministerial procedure is not provided the right EEU and the Legislation.
Acceptance criterions of decisions on permission or prohibition of commodity importation in (from) the Russian Federation(s) the official is availability or lack of the complete and reliable information provided in documents and the data established by articles 89 and 92 of the Code of the Union.
23. Verification of the documents and data including provided within the preliminary information submitted by carrier on compliance to risk profiles is performed by the official with use of EAIS of customs authorities after registration by the official of the notification on arrival or the message on departure, and also loading in EAIS of customs authorities of separate types of risk profiles and (or) identification by the official of need of application of measures for risk minimization (part 2 of article 313 of the Federal Law).
In case of detection of discrepancy of the data containing in EAIS of customs authorities of information containing in the documents and data provided by carrier the revealed discrepancies are considered by the official in case of decision making about need of application of the measures for risk minimization including provided by risk profiles (part 2 of article 313 of the Federal Law).
In case of detection of need of application of the measures for risk minimization including provided by risk profiles, the official performs their application.
In case of verification of the documents and data provided by carrier, the official in the cases determined with use of the RMS the organization and application of forms of customs control and other measures for risk minimization provided by the right of EEU and the Legislation is performed.
For the purpose of establishment of the facts concerning obtaining from carrier of data on international delivery, conditions of transportation of the goods and vehicles important for carrying out customs control, the official takes the measures providing carrying out customs control in the form of oral poll (the subitem 1 of Item 1 of article 338 of the Code of the Union) and also other measures for risk minimization (if necessary). After holding oral poll of carrier and in the absence of signs of violations of the right of EEU and the Legislation the official performs customs operations concerning goods.
Time of carrying out or completion of separate forms of customs control, other measures for risk minimization is established according to the right of EEU and the Legislation.
For the purpose of receipt of the information on the circumstances important for implementation of customs control, or information, specifying or supplementing the data provided by carrier, the official applies form of customs control in the form of receipt of explanations, and also other measures for risk minimization (if necessary). The received result is drawn up in writing in the form approved by the Decision of the Commission of the Customs union of May 20, 2010 No. 260 <1> "About forms of customs papers" (the official site of the Commission of the Customs union of http://www.tsouz.ru/Pages/page.htm, on June 2, 2010) (further - the Solution of KTS No. 260).
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<1> With the changes made by the Decision of the Commission of the Customs union of June 22, 2011 No. 676 (the official site of the Commission of the Customs union of http://www.tsouz.ru/, on June 29, 2011); The Decision of Board of the Eurasian economic commission of August 23, 2012 No. 136 (the official site of the Eurasian economic commission of http://www.tsouz.ru/, on August 23, 2012); The Decision of Board of the Eurasian economic commission of December 18, 2014 No. 238 (the official site of the Eurasian economic commission of http://www.eurasiancommission.org/, on December 19, 2014); The Decision of Board of the Eurasian economic commission of July 11, 2017 No. 84 (the official site of the Eurasian Economic Union of http://www.eaeunion.org/, on July 17, 2017); The Decision of Board of the Eurasian economic commission of April 17, 2018 No. 58 (the official site of the Eurasian Economic Union of http://www.eaeunion.org/, on May 3, 2018).
After obtaining from carrier of explanation and in the absence of signs of violations of the right of EEU and the Legislation the official performs the customs operations provided by articles 88 and 92 of the Code of the Union concerning the goods and vehicles which are under customs control.
For the purpose of implementation of observation of transportation of goods, including the vehicles which are under customs control of making with them cargo and other operations by the official the measures providing carrying out customs control in the form of customs observation (the subitem 12 of Item 1 of article 338 of the Code of the Union) and also other measures for risk minimization are taken (if necessary).
Control of actions of carrier is exercised under the direct or mediated observation, including with use of technical means of customs control.
By results of customs observation the statement in the form approved by the order of FCS of Russia of October 25, 2011 No. 2199 "About approval of document forms for the purposes of application of separate forms of customs control" is drawn up (it is registered by the Ministry of Justice of the Russian Federation 05.12. 2011, registration No. 22502) (further - the order of FCS of Russia No. 2199).
In the absence of signs of violations of the right of EEU and the Legislation the official performs further customs operations concerning the goods and vehicles which are under customs control.
For the purpose of check and (or) receipt of data on goods concerning which customs control is carried out and also for the purpose of verification of presence on goods, vehicles and their stowage spaces (compartments) of customs seals, seals and other means of identification by the official the form of customs control - customs examination, and also other measures for risk minimization is applied (if necessary). Customs examination concerning goods and vehicles is performed with use of technical means of customs control, including using inspection and customs complexes (further - IDK).
Results of carrying out customs examination are drawn up by creation of the act of customs examination which form is approved by the Solution of KTS No. 260, or putting down of marks about the fact of carrying out customs examination in the transport (transportation), business or customs papers provided to customs authority.
If results of carrying out customs examination are drawn up by putting down of marks about the fact of carrying out customs examination in the transport (transportation), business or customs papers provided to customs authority, upon the demand of person having powers concerning goods, officials shall draw up the statement of customs examination.
For the purpose of check and (or) receipt of data on goods concerning which customs control is carried out by the official applies form of customs control in the form of customs examination (Item 2 of article 328 of the Code of the Union), and also other measures for risk minimization (if necessary). Customs examination is applied based on the revealed risk profiles. The decision on carrying out customs examination is drawn up in the form of the order in the form approved by the order of FCS of Russia No. 2199. At the same time the carrier is in writing notified on the place and time of carrying out customs examination in the form approved by the order of FCS of Russia No. 2199 by delivery to carrier of the notification on carrying out customs examination.
Proceeding from characteristics of the examined goods the written requirement about presentation of goods for the form approved by the order of FCS of Russia No. 2199 is exposed to carrier. Besides, if the goods shown for customs examination are not divided into packing cases by separate types and (or) names of goods and (or) data on packaging and on marking not specified in business and (or) transport (transportation) documents goods, according to the decision of the chief of customs authority (or persons, it replacing) the written requirement about carrying out transactions for goods and vehicles for the form approved by the order of FCS of Russia No. 2199 is exposed.
Officials can make the decision on purpose of customs examination according to the Decision of the Commission of the Customs union of May 20, 2010 No. 258 "On procedure for conducting customs examination when carrying out customs control" (the official site of the Commission of the Customs union of http://www.tsouz.ru/, on June 2, 2010) which is performed in terms according to provisions of article 390 of the Code of the Union. When conducting customs examination officials are guided by articles 335 and 395 of the Code of the Union.
By results of customs examination the statement in the form approved by the Solution of KTS No. 260, one copy of which is drawn up handed to carrier.
The transactions connected with carrying out customs examination are performed in the customs control zones (further - ZTK) located at the check point, or in ZTK located in the region of activities of the nearest customs authorities (further - the next ZTK). Movement of vehicles of the next ZTK is performed according to customs procedure of customs transit.
In cases if the next ZTK is located thus when movement of vehicles is performed directly from check point ZTK in the next ZTK, movement of vehicles under the direct or mediated observation, including with use of technical means of customs control is allowed.
The customs authority in which region of activities the next ZTK is located without delay sends results of the carried-out customs examination to the customs authority located at the check point. These data are used by the customs authority located at the check point for the purpose of fixing of results of the applied measures for risk minimization.
The term of accomplishment of ministerial procedure is established proceeding from time necessary for application of measures for risk minimization, according to the right of EEU and the Legislation.
24. Suspension of this ministerial procedure is not provided the right EEU and the Legislation.
25. Factual determination of availability (absence) of violation of the right of EEU and the Legislation which is fixed in EAIS of customs authorities is result of ministerial procedure.
26. Method of fixing of result of ministerial procedure is entering of data on the made decision into regular software.
27. The current control of observance and execution by officials of provisions of these Administrative regulations and other regulatory legal acts establishing requirements to implementation of the state control and also of adoption of decisions by them is performed by chiefs of customs authorities or their deputies (in FCS of Russia - the chief of Head department of the organization of customs clearance and customs control or person, it replacing), chiefs of authorized divisions or their deputies.
28. The current control of respect for the sequence of the actions determined by ministerial procedures (actions) when implementing the state control is performed by the chief of customs authority, the head of department of structural division or its deputy.
29. Control of completeness and quality of implementation by officials of customs authority of the state control is performed in the form of functional checks of activities of authorized divisions when which carrying out including the questions connected with implementation of the state control are considered.
30. Functional checks are subdivided on planned and unplanned. Functional inspections are carried out based on the order of customs authority.
Frequency of implementation of scheduled functional inspections is established by the chief (person, it replacing) higher customs authority.
Unscheduled functional inspections are carried out on analysis results of information on violation by officials of customs authorities of provisions of these Administrative regulations and other legal acts establishing requirements to implementation of the state control.
31. Results of functional check are drawn up by the act of check results which contains including assessment of completeness and quality of implementation by officials of customs authority of the state control and the recommendation about elimination of effects of the revealed violations.
32. By results of performed in case of the identification of violations of observance of provisions of these Administrative regulations and other regulatory legal acts establishing requirements to implementation of the state control, officials bear responsibility according to the job descriptions and regulations.
33. Control of implementation of the state control, including from citizens, their associations and the organizations, shall be comprehensive and objective.
34. Control of implementation of the state control from citizens, their associations and the organizations is performed by the direction of appeals to customs authorities, and also by appeal of actions (failure to act) and decisions of the customs authorities performed (accepted) during implementation of the state control, and also the decisions on the violations of provisions of these Administrative regulations and other regulatory legal acts establishing requirements to implementation of the state control made by them.
35. Pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of FCS of Russia, and also her officials is not provided by part 2 of article 286 of the Federal Law.
Pre-judicial (extrajudicial) appeal of decisions and actions (failure to act) of customs authorities, and also their officials is performed according to provisions of Chapter 51 of the Federal Law.
36. Subject of the claim is the decision (the act of substandard nature) of customs authorities, and also action (failure to act) of their officials in case of execution of the state control (further - the claim) which, according to the applicant, violate its rights.
37. The claim to the decision, action (failure to act) of customs authorities and their officials according to provisions of part 1 of article 288 of the Federal Law moves in higher customs authority through customs authority, the decision, action (failure to act) of which are appealed.
38. The claim to the decision, action (failure to act) of customs authorities and their officials moves and is subject to consideration or leaving without consideration by higher customs authority according to Articles 288 - 296 Federal Laws.
39. The claim to the decision, action (failure to act) of customs authorities and their officials is subject to consideration in the terms provided by parts 1 and 2 of article 297 of the Federal Law taking into account the terms provided by part 4 of article 291 of the Federal Law.
40. By results of consideration of the claim to the decision, action (failure to act) of customs authorities and their officials by higher customs authority the decision according to parts 1 - 4 articles 298 of the Federal Law is made.
41. The decision on results of consideration of the claim to the decision, action (failure to act) of customs authorities and their officials is handed (goes) higher customs authority to the applicant who made the complaint according to part 6 of article 298 of the Federal Law.
42. The decision according to the claim to the decision, action (failure to act) of customs authorities and their officials can be appealed according to the procedure, provided by part 7 of article 298 of the Federal Law.
43. The applicant's right to receipt of information and the documents necessary for reasons and consideration of the claim to the decision, action (failure to act) of customs authorities and their officials, is implemented according to article 265 of the Federal Law.
44. Informing applicants on procedure for giving and consideration of the claim is performed according to Items 11 and 12 of these Administrative regulations.
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The document ceased to be valid since February 23, 2025 according to Item 1 of the Order of the Ministry of Finance of the Russian Federation and the Federal Customs Service of the Russian Federation of September 24, 2024 No. 935