ORDER OF THE FEDERAL CUSTOMS SERVICE

of July 23, 2008 No. 905

About approval of Administrative regulations of the Federal Customs Service on execution of the state function of issue of competence certificates to specialists in customs clearance

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 20062008 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 Chapter 15 of the Customs code 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 (p. I), Art. 29, N 24, Art. 2831, N 27, Art. 3213, N 31, Art. 3995, Art. 4011, N 45, Art. 5417), subitems 5.2. 15, 5.2.16 and 5.3.12 Provisions 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 (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, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18 Art. 2063), order:

1. Approve the enclosed Administrative regulations of the Federal Customs Service on execution of the state function of issue of competence certificates to specialists in customs clearance.

2. Declare invalid the order of the State Customs Committee of Russia of February 6, 2004 N 160 "About approval of the Procedure for certification of specialists in customs clearance" (it is registered by the Ministry of Justice of the Russian Federation 19.02. 2004, рег. N 5565).

3. To impose control of execution of this order on the first deputy head of FCS of Russia V. M. Malinin.

Appendix

to the order of the Federal Customs Service of July 23, 2008 No. 905

Administrative regulations of the Federal Customs Service on execution of the state function of issue of competence certificates to specialists in customs clearance

I. General provisions

1. The administrative regulations of the Federal Customs Service (further - Administrative regulations) determine terms and the sequence of actions (ministerial procedures) of the Federal Customs Service under the organization of carrying out certification of physical person on compliance to qualification requirements to customs clearance specialists by execution of the state function of issue of competence certificates to specialists in customs clearance and when implementing the state function of issue to such physical person of the document confirming compliance of its knowledge to qualification requirements (the competence certificate of the specialist in customs clearance).

2. Certification of specialists in customs clearance is performed by acceptance at the physical person applying for receipt of the competence certificate of the specialist in customs clearance (further - the applicant), the qualification examination on compliance to the qualification requirements imposed to the customs clearance specialist which submitted the application for the admission to certification for receipt of the competence certificate of the specialist in customs clearance. At the same time all persons meeting qualification requirements irrespective of their special preparation for passing an examination are allowed to passing qualification examination.

3. Execution of the state function of issue of the competence certificate of the specialist in customs clearance is performed according to Chapter 15 of the Customs code of the Russian Federation * (further - the Code), the order of the Government of the Russian Federation of July 26, 2006 N 459 "About the Federal Customs Service" **, the order of FCS of Russia of November 28, 2007 N 1479 "About Regulations of the Federal Customs Service" (per is registered by the Ministry of Justice of the Russian Federation on December 29, 2007. N 10870).

4. The state function of issue of competence certificates to specialists in customs clearance is performed on behalf of the Federal Customs Service by regional customs authorities.

Certain officials of regional customs authorities can be determined by the Federal Customs Service as representatives on implementation of the corresponding ministerial procedures by issue of competence certificates of specialists in customs clearance (further - the authorized officer of regional customs authority).

5. According to Article 147 of the Customs code of the Russian Federation the physical person conforming to the following qualification requirements can be the customs clearance specialist:

have the higher education;

have length of service at least two years;

pass qualification examination, having confirmed compliance of the knowledge to the program of qualification examination in the following areas:

a) foreign economic activity and its state regulation:

bases of state regulation of foreign trade activity in the Russian Federation;

legal basis of customs affairs in the Russian Federation;

the basic concepts applied in the field of customs affairs;

customs and tariff regulation in the Russian Federation (legal support of customs and tariff regulation in the Russian Federation, the country of goods' origin, customs duties as the instrument of customs and tariff regulation, the tariff privileges);

the commodity nomenclature of foreign economic activity (the harmonized system of the description and coding tovarovmezhdunarodny basis of creation of FEACN CU, appointment and scope of FEACN CU, its structure and rules of interpretation, contents of Sections and the FEACN CU groups);

foreign trade transaction;

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