ORDER OF THE FEDERAL CUSTOMS SERVICE

of September 4, 2007 No. 1057

About approval of the Instruction about procedure for filling of the cargo customs declaration and transit declaration

List of amending documents

For the purpose of enhancement of procedure for declaration of goods, moved through customs border of the Russian Federation, and standardization of customs papers, based on Articles 63, 81 and 124 Customs codes of the Russian Federation (The Russian Federation Code, 2003, N 22, the Art. 2066, N52 (p. I), Art. 5038; 2004, N 27, Art. 2711, N 34, Art. 3533, N46 (p. I), Art. 4494; 2005, N30 (p. I), Art. 3101; 2006, N 1, Art. 15, N 3, Art. 280, N 8, Art. 854, N52 (p. II), Art. 5504; 2007, N1 (p. I), the Art. 29, N 24, the Art. 2831, N 27, the Art. 3213, N 31, the Art. 4011) and according to Item 2 of the Presidential decree of the Russian Federation of May 11, 2006 N473 "Questions of the Federal Customs Service" (The Russian Federation Code, 2006, N 20, the Art. 2162), subitem 5.2.37 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of July 26, 2006 N459 (The Russian Federation Code, 2006, N 32, to the Art. 3569), I order:

1. Approve the Instruction about procedure for filling of the cargo customs declaration and transit declaration (appendix).

2. Recognize to invalid:

Item 1 of the order of FCS of Russia of August 11, 2006 N762 "About Approval of the Instruction about Procedure for Filling of the Cargo Customs Declaration and Transit Declaration" (it is registered by the Ministry of Justice of the Russian Federation on September 7, 2006, reg. N 8225);

the order of FCS of Russia of September 21, 2006 N907 "About Features of the Statement of Data in the Cargo Customs Declaration when Declaring by Legal Entities of Currency and Securities" (it is registered by the Ministry of Justice of the Russian Federation on September 29, 2006, reg. N 8341);

the order of FCS of Russia of November 17, 2006 N1179 "About Introduction of Amendments to the Order of FCS of Russia of August 11, 2006 N762" (it is registered by the Ministry of Justice of the Russian Federation on December 25, 2006, reg. N 8670);

the order of FCS of Russia of December 20, 2006 N1340 "About Modification of the Order of FCS of Russia of 11.08.2006 N762" (it is registered by the Ministry of Justice of the Russian Federation on February 14, 2007, reg. N 8947);

the order of FCS of Russia of August 13, 2007 N964 "About Modification of the Instruction about Procedure for Filling of the Cargo Customs Declaration and Transit Declaration Approved by the Order of FCS of Russia of August 11, 2006 N762" (it is registered by the Ministry of Justice of the Russian Federation on August 29, 2007, reg. N 10074).

3. To provide to chiefs of customs authorities of the Russian Federation bringing provisions of this order to data of all interested persons.

4. This order becomes effective since January 1, 2008.

5. To impose control of execution of this order on the deputy manager of FCS of Russia L. I. Shornikov.

 

Appendix

The instruction about procedure for filling of the cargo customs declaration and transit declaration

I. General provisions

1. The instruction about procedure for filling of the cargo customs declaration and transit declaration (further - the Instruction) is developed based on Chapters 10 and 14 of the Customs code of the Russian Federation.

2. The instruction determines rules of filling of the written customs declaration and the transit declaration on the forms "Cargo Customs Declaration / Transit Declaration (TD1)" stitched in sets (further - TD1) set, "The cargo customs declaration / the Transit declaration (TD3)" (further - TD3) set, "Additional leaf to the cargo customs declaration / the Transit declaration (TD2)" (further - TD2) set, "Additional leaf to the cargo customs declaration / the Transit declaration (TD4)" (further - set of TD4) of the established forms.

3. The federal executive body authorized in the field of customs affairs for separate types of goods within the competence has the right to establish features of the statement of data in the cargo customs declaration.

II. The general provisions relating to filling of the cargo customs declaration

4. When declaring imported (imported) on customs area of the Russian Federation goods sets of TD3 and TD 4, are used and concerning exported (exported) with customs area of the Russian Federation goods sets of TD1 and TD2 or set of ekta of TD3 and TD4 are used. The written cargo customs declaration with use of sets of TD1, TD2, of TD3, TD4 (further - GTD) is the set of TD1 or TD3 filled and given to customs authority or sets of TD1 and TD2 or TD3 and TD4 filled and given to customs authority.

5. In one GTD data on the goods containing in one consignment which are located under the same customs regime are declared.

As one consignment are considered:

a) in case of commodity importation on customs area of the Russian Federation - the goods transported from the same sender to the same receiver on customs area of the Russian Federation on account of obligation fulfillment under one agreement signed when making the external economic transaction (or on one permission to conversion of goods when declaring products of conversion), or according to the unilateral external economic transaction, or without making of any transaction and also if goods within terms, stipulated in Article 129 Customs codes of the Russian Federation, are shown to the same customs authority in the place of arrival on customs area of the Russian Federation or in delivery location (if the procedure of internal customs transit was applied) and are (were) on temporary storage in the same place if the procedure of temporary storage was applied to the declared goods, or are issued in terms, GTD established on giving according to Article 150 of the Customs code of the Russian Federation;

b) when exporting from customs area of the Russian Federation:

- the goods which are at the same time shipped (or shipped during the certain period of time in case of application of periodic or periodic temporary declaring) in the region of activities of the same customs authority by the same sender to the same receiver who is outside customs area of the Russian Federation on account of obligation fulfillment according to one agreement signed when making the external economic transaction (or on one permission to conversion of goods when declaring products of conversion), or according to the unilateral external economic transaction, or without making of any transaction;

c) when moving by pipeline transport or on power lines:

- the goods moved with the same person during the certain period of time on account of obligation fulfillment under one agreement signed when making the external economic transaction or according to several agreements in foreign trade (including on different delivery conditions, pricings and payments) when giving temporary GTD;

d) in case of change or completion of action of earlier declared customs regime without movement of goods through customs border of the Russian Federation:

- the goods placed under the same prior customs regime under one agreement if when making the external economic transaction the relevant agreement was signed (or on one permission to conversion of goods), being under customs control of the same customs authority or issued in the terms established on giving of GTD according to Article 150 of the Customs code of the Russian Federation which customs applicant will be the same person who placed goods under prior customs regime, or person which acquired property rights on the declared goods after their room under prior customs regime.

The customs applicant has the right to declare data on the goods containing in one consignment in several GTD given to the same customs authority except for of case when the goods containing in one consignment owing to the Basic rule of interpretation 2a the Commodity nomenclature of foreign economic activity of custom union (FEACN CU) are considered as components of the goods presented in not collected or sorted form and are classified in line item of FEACN CU corresponding to complete or complete goods.

6. If the goods containing in one consignment are declared for the room under different customs regimes, separate GTD on each customs regime shall move.

When declaring currency and securities separate GTD on each currency type and securities moves. When declaring the cash moved through customs border of the Russian Federation in connection with sales of goods on boards of aircrafts and also on railway and other modes of transport (revenue and change currency in the form of banknotes and coins), the periodic customs declaration can be applied.

7. The set of TD1 or TDZ is used for the statement of data on one goods.

At the same time as one goods the goods of one name (the trade, commercial name) containing in one consignment, carried to one classification code under FEACN CU and to one code on the qualifier of additional customs information (if concerning the declared goods such code is established), coming from one country or from the territory of one economic union or community are declared, or the country of source of which is unknown to which identical conditions of customs and tariff regulation and application of prohibitions and restrictions, the sizes of rates of duties, taxes are applied.

The goods specified in appendix to this Instruction, placed under customs regime of release for internal consumption are declared as one goods if in addition to the conditions listed in the previous paragraph, goods have one trademark, brand, model, the article and have identical technical and (or) commercial characteristics.

8. Sets of TD2 or TD4 are used in addition to sets of TD1 or TD3 respectively if in one GTD data on two and more goods are declared.

In each of sets of TD2 or TD4 data on three goods can be declared. The quantity of the sets of TD2 or TD4 used when declaring batch is not limited.

9. When declaring in one GTD of goods of the different names containing in one consignment with indication of one classification code under FEACN CU instead of sets of TD4 the list of goods which is drawn up in triplicate (далеесписок) is used.

The list shall contain data on all names of goods and quantity (in the main and additional units of measure) each goods.

At the request of the customs applicant in the list data on the cost of each goods can be also specified if the submitted business documents contain such data; about classification code of each goods under FEACN CU. If the restrictions set by the legislation of the Russian Federation on state regulation of foreign trade activity in the list are applied to separate goods data on the documents confirming observance of the specified restrictions shall be specified.

At the same time in the list codes of these goods under FEACN CU are specified only at the request of the customs applicant.

10. GTD shall be filled according to the rules of filling provided in the Instruction with use of printers, is legible, not to contain erasures, blots and corrections.

GTD shall be filled in Russian.

The data serving for individualization of goods (the trademark, the article, model and so forth) and also condition codes of delivery, number of vehicles, numbers of flights, document numbers and to that similar information are specified in original language, including with use of letters of the Latin alphabet.

When filling GTD its electronic copy * is created (1).

In some cases data in GTD can be entered by capital printing letters by hand if in case of declaration of goods with giving of GTD regulatory legal acts of FCS of Russia do not establish the requirement about forming of its electronic copy.

Filling of the column GTD shall begin with the left upper corner if the Instruction does not establish other. In column 2 GTD the first letter +-ї the data is brought in the line item designated "| |". +-+

The fact of not specifying or specifying not completely of the first symbol +-ї the declared data in column 2 GTD in the line item designated "| |" +-+ cannot be considered as the basis for refusal in acceptance of GTD.

The column of 43 sets of TD3 and TD 4, and also the columns GTD designated by capital letters of the Latin alphabet "And", "C", "D", "D/J", "E", "E/J", are filled with officials of customs authorities. Other columns GTD are filled in with the customs applicant.

If the column GTD is not filled in with the data which are subject to specifying in it, then any other data cannot be entered in this column and the graph shall be not filled.

11. Rules of filling of columns of sets of TD2 and TD4 correspond to rules of filling of the corresponding columns of sets of TD1 and TD3 respectively if for separate columns of sets of TD2 and TD4 this Instruction does not establish features of their filling.

12. If in the graph there is not enough place for the statement of data or for putting down by the official of customs authority of office marks, then necessary data shall be specified on in addition enclosed sheets of format A 4, which are integral part of GTD (further - amendment). At the same time in the corresponding column GTD record shall be made: "see additional N __ on __ l.".

All sheets of amendment shall be numbered.

Number of copies of each amendment shall correspond to the number of sheets in set. The original of amendment shall be attached to leaf with the designation "1" of set of TD1 or to leaf with the designation "1/6" of set TDZ, copies can be attached to the others.

On each leaf of amendment it is necessary to specify:

- in the right upper corner: "Amendment of N __, to GTD N __________";

- sequence number of the declared goods in the form of record: "Goods N __" and on each goods - number of the column and those data which are entered in this column according to rules of filling of this column in case of declaration of goods, placed under the declared customs regime.

If amendment is constituted by the customs applicant, each copy of amendment in the right bottom corner shall be signed by the person which constituted GTD, or authorized on it by the worker of this person and is certified by putting down of impress of a seal if in accordance with the legislation of the Russian Federation person which constituted GTD have seal. If amendment is constituted by the official of customs authority, each copy of amendment shall be certified by the signature of the official of customs authority with putting down of print of personal number seal of the right bottom corner.

In the electronic copy of GTD all data containing in amendments shall be entered.

13. If text data of any column GTD repeat the data which are already declared in other column GTD, then the reference to earlier completed column in the form of record can be specified: "see column N __".

Such references are not allowed:

- in case of the statement of information about the customs applicant (column 14 GTD) and in case of the description of goods (column 31 GTD);

- concerning data in the coded type;

- in the electronic copy of GTD.

14. The qualifiers and lists of normative reference information used for the customs purposes, created and which are subject to application in accordance with the legislation of the Russian Federation are used to the statement of data in GTD.

15. The data declared by the customs applicant in GTD are the data necessary for the customs purposes.

The data declared in GTD make sure person which constituted GTD and are signed by this person or the representative on it the worker of this person in column 54 GTD and in line under graphs on forms of sets of TD2 or TD4.

16. In case of observance of conditions, stipulated in Article 133 Customs codes of the Russian Federation, application of provisions of Article 153 of the Customs code of the Russian Federation the data declared in GTD can be changed and added.

Changes and (or) amendments of data in GTD can be made the face having powers on introduction of such changes, amendments, by hand. At the same time changeable data, except as specified, determined in the following paragraph, are crossed out also nearby, in the same column, shall be legible new data are entered. Each change, amendment shall be signed by person having powers on introduction of such changes, amendments and is certified by putting down of impress of a seal if in accordance with the legislation of the Russian Federation person which constituted GTD have seal. Changes and (or) additions of data in GTD made by the official of customs authority shall be certified by the signature of the official of the customs authority which made changes and (or) additions with putting down of date and print of personal number seal.

If such changes, amendments make GTD illegible and hard to read or in case of their introduction after release of goods, and also in case of submission of missing data according to Article 135 of the Customs code of the Russian Federation the form of adjustment of the customs declaration shall be used (further - KTD1) and if necessary additional sheets to it (further - KTD2). KTD1 (KTD2) is constituted in triplicate. When filling KTD1 (KTD2) is created its electronic copy.

In the corresponding columns KTD1 (KTD2) are transferred from GTD: registration number GTD, the information about the customs applicant (in KTD2 are not specified) and sequence number of goods, data on which change, supplemented. The changed, added data are entered in the corresponding columns KTD1 (KTD2). Also in KTD1 data on person which constituted changes, amendments are entered.

The changed, added data specified in KTD1, shall be certified by person which constituted GTD and are signed by this person or the representative on it the worker of this person in the column 54 KTD1.

In all cases of modification (i) or amendments in GTD in the column "C" of sets of TD1 or TD3 and KTD1 by the official of customs authority the corresponding marks in the form of record become: "Columns are corrected: _" with indication of sequence number of goods and numbers of columns to which changes and (or) additions, with putting down of date, the signature, and also print of personal number seal are made. In the graph of "S" KTD2 it is dated, the signature, and also print of personal number seal.

The changed, added data entered in KTD1 (KTD2), are integral part of GTD to which they move.

17. If the withdrawal of GTD before release (conditional release) of goods is resolved, then the official of customs authority in the column "C" of sheets with the designations "1", "2", "3" of set of TD1 or sheets with the designations "1/6", "2/7", "3/8" of set TD3 makes entry: "GTD is withdrawn" with indication of date of the issued permission to withdrawal of the customs declaration, certified by the signature of the official of customs authority and print of personal number seal.

18. After decision making about release (conditional release) of goods, about prohibition of release of goods, after issue of permission to the room of the Russian goods which are exported from customs area of the Russian Federation under customs regime, and also after receipt of permission to withdrawal of GTD before release of goods:

a) sheets with the designation "1" of sets of TD1 and TD2 or sheets with the designation "1/6" of sets of TD3 and TD4 and amendment to them, and also the first leaf of form of adjustment of GTD remain in customs authority and are used for the customs purposes;

b) sheets with the designations "2", "3" of sets of TD1 and TD2 or sheets with the designations "2/7", "3/8" of sets of TD3 and TD4 and amendment to them, and also the second and third sheets of form of adjustment of GTD return to the customs applicant;

c) sheets with the designations "4", "5" of sets of TD1 and TD2 or sheets with the designation "4/5" of sets of TD3 and TD4 return to the customs applicant and are not subject to further use.

When placing goods under the customs regime providing commodity exportation from customs area of the Russian Federation, sheets with the designation "2" of sets of TD1 and TD2 or sheets with the designation "2/7" of sets of TD3 and TD4 are represented to the customs authority located in the place of departure of goods from customs area of the Russian Federation.

In case of application of the simplified procedure for declaring according to Articles 135, 136 and 138 Customs codes of the Russian Federation in case of commodity exportation through several boundary customs authorities and (or) parts during the certain period of time representation to the customs authority located in the place of departure of goods from customs area of the Russian Federation, verified copies of sheets with the designation "2" of sets of TD1 and TD2 or sheets with the designation "2/7" of sets of TD3 and TD4 is allowed taking into account provisions of Article 63 of the Customs code of the Russian Federation.

On the sheets returned to the customs applicant with the designation "4", "5" of sets of TD1 and TD2 or sheets with the designation "4/5" of sets of TD3 and TD4 by the official of customs authority any marks shall not be put down.

19. If the withdrawal of GTD on the exported Russian goods after receipt of permission to their room under customs regime and before their departure from customs area of the Russian Federation is resolved, then the official of customs authority in the column "C" of sheets with the designations "1", "2", "3" of set of TD1 or sheets with the designations "1/6", "2/7", "3/8" of set TD3 makes entry: "GTD is withdrawn" with indication of date of the issued permission to withdrawal of the customs declaration, certified by the signature of the official of customs authority and print of personal number seal.

20. If GTD is considered Article 130 which is not submitted according to item 4 or Item 7 of Article 138 of the Customs code of the Russian Federation, then the official of customs authority in the column "C" of sheets with the designations "1", "2", "3" of set of TD1 or sheets with the designations "1/6", "2/7", "3/8" of set TD3 makes entry: "GTD is considered GTD which is not given" with indication of date, with which is not the document testimonial of the facts having legal value, certified by the signature of the official of customs authority and print of personal number seal.

21. If application of the customs declaration in electronic form is allowed, then its written type identical to GTD can be applied without use of sets of TD1, TD2, TD3 and TD4 according to the procedure, determined by other regulatory legal acts of FCS of Russia.

22. If when using sets of TD2 and TD4 there are blank graphs designated by 31 symbol, then these columns shall be crossed out.

III. The general provisions relating to filling of the transit declaration

23. The written transit declaration with use of sets of TD1, TD2, of TD3, TD4 (further - TD) is the set of TD1 or TD3 filled and given to customs authority or sets of TD1 and TD2 or TD3 and TD4 filled and given to customs authority.

In case of execution of the procedure of internal or international customs transit sets of the TD1 and TD2 or TD3 and TD4 forms are used equally irrespective of the direction of movement of goods.

24. In one TD data on the goods containing in one consignment can be declared. At the same time as one consignment the goods transported from one sender to one receiver according to one transport document are considered.

25. The set of TD1 or TD3 is used for the statement of data on one goods. Sets of TD2 or TD4 are used in addition to sets of TD1 or TD3 respectively if in one TD data on two and more goods are declared.

26. The TD is filled in Russian with use of the printer. Specifying of names and addresses of foreign persons is allowed by Latin letters. TD it shall be filled it is legible, not to contain erasures and blots. Corrections can be made to TD with use of the printer or by hand printing letters. Correctness of each such correction makes sure on each sheet TD person who made them and is certified by the official of customs authority. If necessary the customs authority can demand filling new TD.

The data serving for individualization of goods (the trademark, the article, model and so forth) and also numbers of vehicles, numbers of flights, document numbers and to that similar information are specified in original language, including with use of letters of the Latin alphabet.

27. Rules of filling of columns of sets of TD2 and TD4 correspond to rules of filling of the corresponding columns of sets of TD1 and TD3 respectively if for separate columns of sets of TD2 and TD4 this Instruction does not establish features of their filling.

28. After issue by customs authority of departure of permission to goods placement under the procedure of customs transit and until arrival of the vehicle in delivery location in the sheets TD accompanying goods in the cases determined by the customs legislation of the Russian Federation certain data in column 55 of sheets with the designations "4" and "5" of set of TD1 or sheets with the designation "4/5" of set of TD3 can be entered. These data belong to cargo operations with goods and are introduced by person who got permission to customs transit. Data can be entered by hand by printing letters.

29. Columns "A", "C", "D", "D/J", "F", "I" TD are filled in only with officials of customs authorities.

30. Unless otherwise specified, when filling columns TD the qualifiers and lists of normative reference information used for the customs purposes, created and which are subject to application in accordance with the legislation of the Russian Federation are used.

31. The data declared by person getting permission to customs transit in TD are necessary for the customs purposes.

32. When placing goods under the procedure of customs transit:

a) the drawn-up leaf with the designation "1" of sets of TD1 and TD2 or leaf with the designation "1/6" of sets of TD3 and TD4 remains in customs authority of departure and is used for the purposes of control;

b) the drawn-up sheets with the designations "4" and "5" of sets of TD1 and TD2 or sheets with the designation "4/5" of sets of TD3 and TD4 return to person who got permission to customs transit and are used for the purposes of customs transit for representation of appointment to customs authority;

c) sheets with the designations "2", "3" of sets of TD1 and TD2 or sheets with the designations "2/7", "3/8" of sets of TD3 and TD4 by officials of customs authorities are not drawn up and return to person who got permission to customs transit.

33. After completion of customs transit the completed leaf with the designation "4" of sets of TD1 and TD2 or one of sheets with the designation "4/5" of sets of TD3 and TD4 remains in cases of customs authority of appointment, the completed leaf with the designation "5" of sets of TD1 and TD2 or one of sheets with the designation "4/5" of sets of TD3 and TD4 returns to carrier.

IV. Rules of filling of GTD when declaring the foreign goods imported (imported) on customs area of the Russian Federation and (or) issued for free circulation

34. These rules are applied when filling GTD:

a) on the foreign goods placed under customs regimes:

- release for internal consumption;

- conversions on customs area;

- conversions for internal consumption;

- temporary import;

- customs warehouse;

- free customs zone;

- free warehouse;

- reimport;

- destructions;

- refusal for benefit of the state;

- duty-free trade;

- movements of supplies;

b) on conversion products, waste or remaining balance of the goods placed under customs regime of conversion on customs area of the Russian Federation or conversion for internal consumption if these products of conversion, waste or remaining balance are not exported from customs area of the Russian Federation;

c) on the waste formed as a result of destruction of the goods placed under customs regime of destruction if this waste is not exported from customs area of the Russian Federation;

d) on the imported (imported) products of conversion of the goods placed and exported from customs area of the Russian Federation according to customs regime of outward processing;

e) on the imported vehicles if provisions of paragraph two of Item 3 of Article 279 of the Customs code of the Russian Federation are applied;

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