ORDER OF THE FEDERAL CUSTOMS SERVICE

of October 31, 2007 No. 1352

About approval of Administrative regulations of the Federal Customs Service on execution of the state function of maintaining the Register of owners of customs warehouses and the Register of owners of warehouses of temporary storage

List of amending documents

For the purpose of implementation of the Concept of administrative reform in the Russian Federation in 2006-2008 and the actions plan on carrying out administrative reform in the Russian Federation in 2006-2008 approved by the order of the Government of the Russian Federation of October 25, 2005 N 1789-p (The Russian Federation Code, 2005, N 46, the Art. 4720), according to Chapters 3, 12 and 19 Customs codes of the Russian Federation (The Russian Federation Code, 2003, N 22, the Art. 2066, N 52 (p. I), the Art. 5038, 2004, N 27, the Art. 2711, N 34, the Art. 3533, N 46 (p. I), Art. 4494; 2005, N 30 (p. I), Art. 3101; 2006, N 1, Art. 15, N 3, Art. 280, N 8, Art. 854, N 52 (p. II), Art. 5504; 2007, N 1 (p. I), Art. 29, N 24, Art. 2831, N 27, Art. 3213, N 31, Art. 4011), subitems 5.2. 1, 5.2.5 and 5.3.8 Regulations on the Federal Customs Service, approved by the order of the Government of the Russian Federation of July 26, 2006 N 459 (The Russian Federation Code, 2006, N 32, the Art. 3569), Item 7 of the Procedure for development and approval of administrative regulations of execution of the state functions and administrative regulations of the provision of the state services approved by the order of the Government of the Russian Federation of November 11, 2005 N 679 (The Russian Federation Code, 2005, N 47, to the Art. 4933), I order:

1. Approve the enclosed Administrative regulations of the Federal Customs Service on execution of the state function of maintaining the Register of owners of customs warehouses and the Register of owners of warehouses of temporary storage (further - Regulations).

2. Declare invalid the order of the State Customs Committee of Russia of September 03, 2003 N 960 "About approval of the Regulations on inclusion of legal entities in the register of owners of customs warehouses and procedure for its maintaining the State Customs Committee of Russia" (it is registered by the Ministry of Justice of the Russian Federation 02.10. 2003, рег. N 5142).

3. Declare invalid the order of the State Customs Committee of Russia of September 26, 2003 N 1070 "About approval of the Regulations on procedure for inclusion in the register of owners of warehouses of temporary storage" (it is registered by the Ministry of Justice of the Russian Federation 03.11. 2003, рег. N 5213).

3. Consider this order become effective since January 1, 2008.

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

 

Appendix

to the order of the Federal Customs Service of October 31, 2007 No. 1352

Administrative regulations of the Federal Customs Service on execution of the state function of maintaining the Register of owners of customs warehouses and the Register of owners of warehouses of temporary storage

I. General provisions

1. The administrative regulations of the Federal Customs Service * (1) * (2) and the Register of owners of warehouses of temporary storage * (3) (further - Registers) determine terms and the sequence of actions by execution of the state function of maintaining the Register of owners of customs warehouses (ministerial procedures) of the Federal Customs Service * (4) and the customs subordinated to it, and also order of interaction of FCS of Russia, its structural divisions, regional customs authorities, customs when implementing this function.

2. Execution of the state functions on maintaining Registers is performed by FCS of Russia according to Chapters 3, 12 and 19 Customs codes of the Russian Federation, subitems 5.2. 1, 5.2.5, 5.3.8 of the Regulations on the Federal Customs Service approved by the order of the Government of the Russian Federation of July 26, 2006 N 459 "About the Federal Customs Service" (The Russian Federation Code, 2006, N 32, the Art. 3569).

3. Execution of the state functions on maintaining Registers includes the following ministerial procedures:

- inclusion in Registers with issue of the certificate on inclusion of the legal entity in the Register * (5);

- forming of Registers;

- modification and amendments in the Certificate and in the corresponding Register;

- withdrawal of the Certificate;

- exception of the legal entity of the corresponding Register;

- publication of the staticized Registers;

- bringing the staticized Registers to customs authorities.

4. When maintaining Registers customs authorities of the Russian Federation are guided by the principles of efficiency, publicity, fairness, inadmissibility of damnification to the third parties, non-admissions of unreasonable increase in terms and unjustifiable delays of execution of the state function.

FCS of Russia performs:

- forming of Registers;

- modification and amendments in Registers;

- bringing the staticized Registers to customs authorities;

- publication of Registers in the official publications * (6);

- informing, including with use of information technologies * (7), about the prepared legal acts of FCS of Russia, and also about not become effective changes and amendments in the legal acts of FCS of Russia raising the questions connected with maintaining Registers;

- the common directorship the activities of customs authorities for the questions connected with maintaining Registers, exchange of information, concerning maintaining Registers, and also bringing Registers to data of participants of foreign economic activity and other interested persons, control of implementation of the specified activities by regional customs authorities and customs.

On behalf of FCS of Russia Registers are kept by structural division of FCS of Russia which competence includes maintaining the Register.

Customs performs:

- inclusion of legal entities in the Register of SVH or the Register of TS with issue of the Certificate or adoption of the motivated decision on refusal in inclusion in the corresponding Register;

- modification and amendments in the Certificate and in the corresponding Register;

- withdrawal of the Certificate;

- represent to FCS of Russia of the copy of the Certificates changed and/or the added Certificates (in case of modification and amendments), and also copies of decisions on exception of the Register of TS or the Register of SVH;

- control of execution by owners of customs warehouses and warehouses of temporary storage of the obligations established, respectively, by Articles 230 and 112 of the Customs code of the Russian Federation.

Making of ministerial procedures of FCS of Russia and customs is performed on a grant basis.

5. Location of FCS of Russia: 121087, Moscow, Ulitsa Novozavodskaya, 11/5.

Operating time:

Monday-Thursday from 9-00 to 18-00,

Friday from 9-00 to 16-45,

the days off: Saturday, Sunday.

Telephone numbers for enquiries:

- Service telephone desk FCS of Russia: +7 495 449-7205;

- Administration of FCS of Russia, department of documentary ensuring activities of central office of FCS of Russia, department of registration of incoming documents, help: +7 495 449-7235;

- department of registration of outgoing documents: +7 495 449-8392.

Official site of FCS of Russia of www.customs.ru.

Information on location, postal addresses and e-mail addresses and telephone numbers for enquiries of customs is posted on the official site by FCS of Russia.

6. Consultation on questions of maintaining Registers in the part affecting interested persons is performed according to Administrative regulations of the Federal Customs Service on provision of the state service in informing on legal acts in the field of customs affairs and to the consultation on the questions of customs affairs and other questions entering competence of customs authorities, approved by the order of FCS of Russia of May 24, 2006 N 469 (it is registered by the Ministry of Justice of the Russian Federation 13.09. 2006, рег. N 8233) (in edition of orders of FCS of Russia of January 10, 2007 N 5 (it is registered by the Ministry of Justice of the Russian Federation 20.02. 2007, рег. N 8987), of March 21, 2007 N 328 (it is registered by the Ministry of Justice of the Russian Federation 09.04. 2007, рег. N 9264), of July 12, 2007 N 854 (it is registered by the Ministry of Justice of the Russian Federation 25.07.2007, рег. N 9896).

II. Ministerial procedures

 

The description of the sequence of actions in case of execution of the state function for maintaining the Register of TS

Inclusion of legal entities in the Register of TS * (8)

7. For inclusion in the Register of TS the interested Russian legal entity (further - the applicant) addresses to customs in which region of activities the rooms and (or) the open areas assumed to use as customs warehouse with the statement for inclusion in the Register of TS are located (further - the statement).

On each territorially isolated room and (or) each territorially isolated open area which are held for use as customs warehouse the separate statement is provided.

The statement is constituted in any written form (appendix N 2). The following data according to the list, stipulated in Item 2 Articles 228 of the Customs code of the Russian Federation are specified in the statement:

1) the appeal to customs authority with request for inclusion in the Register of TS;

2) data on the name, on form of business, on the location, on the opened bank accounts, and also on the size of completely created authorized (share) capital, authorized fund or shares of the applicant;

3) data on type of customs warehouse (for closed type warehouse also reasons for need and feasibility of the choice of warehouse of this kind);

4) data on rooms and (or) on the open areas which are in ownership of the applicant and held for use as customs warehouse on their location, arrangement, the equipment and about material equipment;

5) data on providing customs payment according to Article 339 of the Customs code of the Russian Federation;

6) data on the agreement (agreements) of risk insurance of the civil responsibility of the applicant.

The following documents confirming the declared data are enclosed to the application for inclusion in the Register of TS:

constituent documents and the document confirming the fact of entering of record about the legal entity into the Unified State Register of Legal Entities;

certificate on state registration of the legal entity;

the certificate on statement of the applicant on accounting in tax authority;

the documents confirming right of possession with rooms and (or) the open areas, held for use as customs warehouse;

plans and drawings of rooms and (or) open areas, held for use as customs warehouse;

the documents confirming the size of completely created authorized (share) capital, authorized fund or shares of the applicant;

the documents confirming providing customs payment according to Article 339 of the Customs code of the Russian Federation;

confirmations from banks about the accounts opened in them;

insurance policy.

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