It is registered
in the Ministry of Justice
Russian Federation
On July 18, 2000 No. 2312
of May 25, 2000 No. 429
About approval of the Instruction about procedure for customs clearance of the goods imported on customs area of the Russian Federation as the humanitarian assistance (assistance)
Based on the Item of article 35 of the Law of the Russian Federation of 21.05.93 N 5003-1 "About customs tariff" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 23, Art. 821; Russian Federation Code, 1995, N 32, Art. 3204, N 48, Art. 4567; 1996, N 1, Art. 4; 1997, N 6, Art. 709; 1999, N 7, Art. 879, N 18, Art. 2221; 2000, N 22, Art. 2263; 2001, N 33 (h 1), Art. 3429, N 53 (h 1), Art. 5026; 2002, N 22, с.2026,# N 30, Art. 3033; 2003, N 23, Art. 2174, N 28, Art. 2893), subitem 1 of Item 1 of article 150 of the Tax Code of the Russian Federation (Russian Federation Code, 2000, N 32, Art. 3340, Art. 3341; 2001, N 1 (h 2), Art. 18, N 23, Art. 2289, N 33 (h 1), Art. 3413, Art. 3421, 3429, N 49, Art. 4554, Art. 4564, N 53 (h 1), Art. 5015, Art. 5023; 2002, N 1 (h 1), Art. 4, N 22, Art. 2026, N 30, Art. 3021, Art. 3027, Art. 3033; 2003, N 1, the Art. 2, the Art. 5, the Art. 6, the Art. 8, the Art. 11, N 19, the Art. 1749, N 21, the Art. 1958, N 23, the Art. 2174, N 26, the Art. 2567, N 28, the Art. 2874, the Art. 2879), the Federal Law "About Free Aid (Assistance) of the Russian Federation and Modification and Amendments in Separate Legal Acts of the Russian Federation for Taxes and for Establishment of Privileges on Payments in State Non-budgetary Funds in connection with Implementation of Free Aid (Assistance) of the Russian Federation" of 4.05.99 N 95-FZ (The Russian Federation Code, 1999, N 18, the Art. 2221), Articles 29, 114, 169, 171 and 179 Customs codes of the Russian Federation (The sheet of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 31, Art. 1224; Russian Federation Code, 1995, N 26, Art. 2397; 1996, N 1, Art. 4; 1997, N 30, Art. 3586, N 47, Art. 5341; 1999, N 7, the Art. 879) and according to orders of the Government of the Russian Federation of 29.09.97 N 1244 "About formation of the Commission on questions of the international humanitarian aid under the Government of the Russian Federation and abolition of the Russian Government Commission on International Humanitarian and Technical Aid" (The Russian Federation Code, 1997, N 40, the Art. 4604), of 7.07.99 N 608 "About recognition voided paragraph two of Item 5 of the order of the Government of the Russian Federation of September 29, 1997 N 1244" (The Russian Federation Code, 1999, N 24, the Art. 2976) and of 4.12.99 N 1335 "About approval of the Procedure for humanitarian assistance (assistance) of the Russian Federation" (The Russian Federation Code, 1999, N 50, 6221) I order to the Art.:
1. Approve the enclosed Instruction about procedure for customs clearance of the goods imported on customs area of the Russian Federation as the humanitarian assistance (assistance).
2. Provide for the purpose of implementation of the specified Instruction:
- interaction with the working office of the Commission on questions of the international humanitarian aid under the Government of the Russian Federation, the interested ministries and departments concerning determination of belonging of goods to the humanitarian assistance (assistance) and the organization of work on application of customs privileges concerning such goods - to Head department of the federal customs income (E.A.Safarov);
- the organization of customs clearance and the goods control imported as the humanitarian assistance (assistance) - to Head department of the organization of customs control (A. V. Galaktionov);
- the organization of control of target use of the goods imported as the humanitarian assistance (assistance) - to Management of customs inspection (A. L. Volkov).
3. To provide to chiefs of regional customs authorities and customs control of target use of the goods imported as the humanitarian assistance (assistance) including by carrying out selective checks of their target use.
4. To chiefs of customs authorities to bring contents of this order to the attention of employees, and also customs applicants in the region of activities.
5. Recognize invalid orders of the State Customs Committee of Russia:
- of 15.03.96 N 142 "About the Procedure for customs clearance and application of privileges on customs payment concerning the goods imported as humanitarian and technical assistance" (it is registered in the Ministry of Justice of the Russian Federation of 22.07.96, registration N 1128);
- of 3.09.96 N 526 "About introduction of amendments to the order of the State Customs Committee of Russia of 15.03.96 N 142" (it is registered in the Ministry of Justice of the Russian Federation of 30.09.96, registration N 1169).
6. To exercise control of execution of this order to the vice-chairman of the State Customs Committee of Russia A. A. Kaulbars.
This order becomes effective after thirty days after its official publication.
Chairman of Committee
colonel general
Customs Service M. V. Vanin
Appendix
to the order of STC Russian Federation of May 25, 2000 No. 429
1. The instruction about procedure for customs clearance of the goods imported on customs area of the Russian Federation as the humanitarian assistance (assistance) (further - the Instruction), determines features of customs clearance of the goods imported on customs area of the Russian Federation as the humanitarian assistance (assistance) and also control of their target use according to the procedure for humanitarian assistance (assistance) for the Russian Federation approved by the order of the Government of the Russian Federation of 4.12.99 N 1335 (The Russian Federation Code, 1999, N 50, the Art. 6221).
2. In the text of the Instruction the following concepts are used.
The humanitarian assistance (assistance) - type of the free aid (assistance) provided for rendering the medical and public assistance to the needy, socially not protected, injured from natural disasters and other emergencies national groups, for natural disaster response and other emergencies (further - goods), expenses on transportation, maintenance and storage of the specified help (assistance).
Receivers of the humanitarian assistance (assistance) - the Russian Federation, subjects of the Russian Federation, public authorities, local government bodies, legal entities and physical persons.
Donors - foreign states, their federal or the municipalities, the international and foreign institutions or non-profit organizations, foreign physical persons providing the humanitarian assistance (assistance).
3. Decisions on belonging of goods to the humanitarian assistance (assistance) are made by the Commission on questions of the international humanitarian aid under the Government of the Russian Federation (further - the Commission). The commission based on the decision which is drawn up in the form of the protocol signed by the commission chairman or the vice-chairman of the Commission issues the certificate across the Russian Federation established by the Government to form confirming belonging of goods to the humanitarian assistance (assistance), signed by the commission chairman, his deputy or the responsible secretary of the Commission and certified by impress of a seal of the Commission (further - the certificate). The certificate is the document necessary for the customs purposes. Each leaf of the inventories attached to the certificate is certified by stamp print with text "The humanitarian assistance (assistance)".
Certificate effective period - one year from the date of adoption by the Commission of the decision on confirmation of belonging of goods to the humanitarian assistance (assistance).
Specimen signatures of the commission chairman, his deputy and responsible secretary of the Commission and prints of seals of the Commission are brought to the attention of customs authorities orders of the State Customs Committee of Russia.
4. The sales of goods, carried to the humanitarian assistance (assistance), - complete or partial - are forbidden.
5. Import to the territory of the Russian Federation as the humanitarian assistance (assistance) of food, products of medical appointment and medicines is performed in accordance with the legislation of the Russian Federation.
6. Excise goods (products), except for intended for all levels of the state and municipal organizations financed from budgets cannot belong to the humanitarian assistance (assistance): special purpose vehicles for rendering medical ambulance, and also the portable diagnostic laboratories equipped with the special medical equipment, received by medical institutions for own needs; the cars intended for transportation of 10 people and more, imported for children's homes, orphanages, retirement homes and disabled people; the cars equipped with elevators for the wheelchairs imported for the centers of rehabilitation of disabled people, meat and meat products which under the terms of import are intended only for industrial conversion, semifinished products, meat and fish forcemeat, meat of mechanical boning, and also clothes which were in the use, footwear and bedding, except for clothes, footwear and bedding sent to the address of the state and municipal organizations and organizations of social protection of the population, the health care, education, criminal executive system financed by means of budgets of all levels.
Carried to the humanitarian assistance (assistance) the excisable cars stated above can be donated only to the state and municipal organizations (to medical institutions, children's homes, orphanages, retirement homes and disabled people, to the centers of rehabilitation of disabled people financed from budgets of all levels) based on the decision of the Commission on modification of earlier issued certificate. Commercial use of the cars stated above or their use is not to destination forbidden.
7. The customs clearance of the goods carried to the humanitarian assistance (assistance) is made in first-priority procedure.
8. The customs clearance of goods is made according to established procedure with submission of the cargo customs declaration (CCD) taking into account the features established by this Instruction.
9. The customs clearance of goods is made by customs authority in which region of activities there is receiver of these goods or its structural division.
The customs clearance can be made also by other customs authority including located at the airport or seaport in case of receipt of permission to production of customs clearance from customs authority in which region of activities there is receiver of these goods or its structural division.
The customs authority making customs clearance of goods sends the copy of GTD, the copy of the certificate, the copy of the documents attached to the certificate, and also the copy of shipping documents or specifications to customs authority in which region of activities there is receiver of goods or its structural division for the subsequent control.
10. Submission due date of GTD concerning the goods recognized as the humanitarian assistance (assistance) can be extended by the chief of the customs authority making customs clearance based on the reasonable statement of person moving goods within the aggregate (extreme) term of temporary storage of goods.
11. For production of customs clearance of goods together with GTD the following documents shall be submitted to customs authority:
- the original of the certificate and documents attached to it (remain in the customs authority making customs clearance and are stored together with GTD);
- transport and shipping documents;
- documents (in Russian or in foreign language (with the annex of transfer into Russian), confirming the fact of voluntary conveyance of goods;
- the written address of the receiver with the obligation about target use of goods for rendering the medical and public assistance to the needy, socially not protected, injured from natural disasters and other emergencies national groups, for natural disaster response and other emergencies;
- the plan of distribution with indication of final receivers of goods;
- the documents confirming control from other state bodies if imported goods are subject to such control (permission of the Russian Ministry of Health, the certificate of conformity, sanitary, veterinary certificates and permissions, etc.).
12. The customs clearance of goods according to one certificate in two or more customs authorities is made only based on orders of the State Customs Committee of Russia.
13. In case of the statement concerning goods of the mode of release for free circulation of GTD it is filled in the simplified procedure according to the Instruction about procedure for filling of the cargo customs declaration approved by the order of the State Customs Committee of Russia of 16.12.98 N 848 (it is registered in the Ministry of Justice of the Russian Federation of 5.02.99, registration N 1699), in case of declaration of goods, placed under customs regime of release for free circulation taking into account the following.
Instead of additional sheets GTD it is possible to use lists of goods in the form of inventories, specifications, pack lists and other similar documents (further - lists) provided that these lists contain the data necessary for the customs purposes (the name of goods, their codes according to the Commodity Nomenclature of Foreign Economic Activity of Russia, quantity, net weight, customs value).
The customs applicant fills the next columns of GTD: 1-5, 8, 9, 12, 14, 15, 15a, 31, 32, 33, 37, 38, 40, 41, 44, 45, 53, 54 and And.
In column 31 before introduction of data on the name of goods, "Humanitarian assistance" in addition is specified to their packaging and marking.
In column 37 in the last two figures of six-digit compound code of the procedure of movement of goods through customs border of the Russian Federation specify code, to feature of movement of goods as the humanitarian assistance according to the Qualifier of the procedure of movement of goods through customs border of the Russian Federation.
In column 44 at number 7.1 number and date of this order, at number 9 - number of the certificate are specified (UD GP N six signs).
Other data are declared according to Rules of filling of GTD.
The employee of customs authority fills the next columns of GTD: 7, 16, 34, 36, 39, 46, 47, With and.
In column 47 GTD the employee of customs authority makes conditional charge of the amounts of customs payments.
In lists of goods the employee of customs authority specifies the statistical cost and conditionally added amounts of customs payments.
In case of absence at the customs applicant of opportunity to classify goods according to the Commodity Nomenclature of Foreign Economic Activity of Russia the right lower subsection of the column 31, columns 33 and 41 GTD are filled in with the employee of customs authority.
If customs applicant of goods is person moving goods (receiver), then he can fill GTD by hand, is legible, printing letters.
14. In case of customs control of goods customs examination with reflection of its results in the act of customs examination is carried out.
15. Conditionally released goods concerning which privileges on customs payment are provided can be used only in those purposes in connection with which such privileges are provided.
16. The goods imported on customs area of the Russian Federation as the humanitarian assistance (assistance) are exempted from taxation of import customs duty, the value added tax and collections of customs duties for customs clearance of goods.
The imported as the humanitarian assistance (assistance), intended for the state and municipal organizations financed from budgets of all levels, special purpose vehicles for rendering medical ambulance and also portable diagnostic laboratories equipped with the special medical equipment, received by medical institutions for own needs the cars intended for transportation of 10 people and more, imported for children's homes, orphanages, retirement homes and disabled people, the cars equipped with elevators for wheelchairs, imported for the centers of rehabilitation of disabled people are exempted only from import customs duty and customs duties for customs clearance.
17. Privileges on customs payment concerning the goods imported into the Russian Federation as the humanitarian assistance (assistance) according to agreements in foreign trade (contracts) providing payment of these goods by the Russian legal entities and physical persons are not provided.
18. The customs authority in which region of activities there is receiver of goods or its structural division records cost amounts of goods concerning which privileges on payment of import customs duties, the value added tax, customs duties for customs clearance are provided, and exercises control of target use of such goods after their release according to the declared customs regime.
The customs authority in which region of activities there is receiver of goods or its structural division performs target use of the specified goods in accordance with the legislation of the Russian Federation.
19. In case of detection of cases of use of conditionally released goods for the purpose of others, than in connection with what privileges are provided customs authorities require payment of the amount of import customs duties, the value added tax and customs duties for customs clearance of goods, in case of delay of payment customs platezheyuplata of the added penalty fee, and also accomplishment of other requirements established by the legislation of the Russian Federation.
20. The decisions made by customs authority by results of control of target use of goods go to the State Customs Committee of Russia for the subsequent submission to the Commission.
21. The customs authority in which zone of activities there is receiver of goods or its structural division informs on the receiver of goods law-enforcement bodies for conducting the corresponding check by them.
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