ORDER OF THE FEDERAL CUSTOMS SERVICE

of May 6, 2008 No. 532

About approval of the Procedure for customs clearance of the goods illegally imported on customs area of the Russian Federation

For the purpose of providing the right of persons to pay customs payments and to fulfill other requirements and conditions of customs clearance of the goods illegally imported on customs area of the Russian Federation based on Articles 63, of 124, of 131 and 391 Customs codes of the Russian Federation (The Russian Federation Code, 2003, N 22, the Art. 2066, N 52 (p. I), Art. 5038; 2004, N 27, Art. 2711, N 34, 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 (the p. I) the Art. 29, N 24, the Art. 2831, N 27, the Art. 3213, N 31, the Art. 3995, the Art. 4011, N 45, the Art. 5417) and according to Item 2 of the Presidential decree of the Russian Federation of May 11, 2006 N 473 "Questions of the Federal Customs Service" (The Russian Federation Code, 2006, N 20, the Art. 2162, 2007, N 40, the Art. 4717), 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 N 459 (The Russian Federation Code, 2006, N 32, to the Art. 3569), I order:

1. Approve the enclosed Procedure for customs clearance of the goods illegally imported on customs area of the Russian Federation.

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

This order becomes effective after 90 days from the date of its official publication.

Appendix

to the order of the Federal Customs Service of May 6, 2008 No. 532

Procedure for customs clearance of the goods illegally imported on customs area of the Russian Federation

I. General provisions

1. The procedure for customs clearance of the goods illegally imported on customs area of the Russian Federation (further - the Procedure) determines the simplified procedure for customs clearance of the goods illegally imported on customs area of the Russian Federation and found by customs authorities in persons which acquired such goods on customs area of the Russian Federation in connection with implementation of business activity (further - illegally the imported goods) for the purpose of providing the stipulated in Article 391 Customs code of the Russian Federation (further - the Code) is right specified persons to pay customs payments and to fulfill other requirements and conditions of customs clearance concerning illegally the imported goods.

2. Temporary storage is illegal the imported goods concerning which the owner paid customs payments or provided their payment according to Chapter 31 of the Code no later than five days from the date of detection at it illegally the imported goods, is performed directly on objects of their owner where they were found.

3. The place of temporary data storage of goods appears the customs control zone and is designated by the owner in any manner allowing to identify illegally the imported goods (plates, texts with information, marking, allocation of certain places in the territory of object, barrier of the site of the territory).

4. For the purpose of identification illegally of the imported goods by the officials of customs authority who found these goods carry out customs examination. The results of customs examination fixed in the act of customs examination of the established form are used for the purpose of reference of goods to ten-digit classification code according to the Commodity nomenclature of foreign economic activity of custom union (further - FEACN CU) in case of declaration of goods.

5. Action of the Procedure does not extend to the goods prohibited to import to the Russian Federation, goods which turnover is prohibited in accordance with the legislation of the Russian Federation and also goods concerning which quantitative restrictions in case of their import in accordance with the legislation of the Russian Federation about measures for protection of economic interests of the Russian Federation are set when implementing foreign trade in goods.

II. Procedure for declaring illegally the imported goods

6. The customs declaration on illegally the imported goods can be submitted to any customs authority, competent to adopt customs declarations, at the choice of the owner illegally of the imported goods.

7. The documents necessary for customs clearance in case of declaring illegally of the imported goods according to customs regime of release for internal consumption, are:

the documents confirming the information about the customs applicant of goods;

the business and other documents which are available for the owner allowing to identify illegally the imported goods and to carry them to ten-digit classification code according to FEACN CU;

the permissions, certificates and other documents confirming observance of the restrictions set by the legislation on state regulation of foreign trade activity;

the payment and settlement documents confirming customs payment;

the documents confirming data on customs value of goods;

electronic copy of the customs declaration.

8. Illegally the imported goods are subject to declaring by submission of the written customs declaration on the forms "Cargo Customs Declaration / Transit Declaration (TDZ)", "Additional Sheet to the Cargo Customs Declaration / the Transit Declaration (TD4)" stitched in sets, the established forms (further - GTD).

9. The customs applicant fills in columns 1, of 3, of 4, of 5, of 7, of 14, of 16, of 30, of 31, of 32, of 33, of 34, of 35, of 36, of 37, of 38, of 41, of 44, of 45, of 46, of 47, of 48, In, 54 GTD according to rules of filling of GTD when declaring the foreign goods imported on customs area of the Russian Federation and (or) issued for free circulation (Chapter IV of the Instruction about procedure for filling of the cargo customs declaration and transit declaration approved by the order of FCS of Russia of September 4, 2007 N 1057 (it is registered by the Ministry of Justice of the Russian Federation of 26.09.2007, per. N 10183) (further - the Instruction).

10. Customs value illegally of the imported goods is determined and declared in accordance with the legislation of the Russian Federation.

11. In column 44 GTD data on documents which according to Item 11 of the Procedure are necessary for customs clearance illegally of the imported goods are specified.

12. Are filled with customs authority of the column GTD according to Chapter VI of the Instruction.

13. The accepted GTD is performed in perhaps short terms which are not exceeding the term of release of goods, stipulated in Clause 152 Codes.

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