The resolution of November 25, 2008 No. 31-22 is accepted at the thirty first plenary session of Inter-parliamentary Assembly of the State Parties of the CIS

THE MODEL CUSTOMS CODE FOR THE STATE PARTIES OF THE CIS

This Model customs code creates basis for regulation of legal relationship in the field of customs affairs of the State Parties of the Commonwealth of Independent States (further - the states of the Commonwealth), determines unified customs procedure, rules and procedures which promote development of foreign trade and other types of the international exchange of the states of the Commonwealth without prejudice to efficiency of national system of customs control.

This Model customs code is based on the following principles:

- uses of regulations and provisions of international law in the field of customs regulation;

- harmonization and standardization of customs rules and increase in efficiency of customs procedures;

- transparencies, predictabilities and the sequences of customs rules and procedures, their simplifications for the benefit of participants of foreign economic activity;

- applications of modern methods of work of Customs Services, including customs control on the basis of management of customs risks, post-customs control, the maximum practical implementation of the advanced information technologies;

- enhancement of interaction between Customs Services of the State Parties of the Commonwealth.

SECTION I. GENERAL PROVISIONS

Chapter 1. TERMS AND DETERMINATIONS

Article 1. The terms and determinations used in this Code

In this Code the following terms and determinations are used:

commodity importation and (or) vehicles on customs area of the state - the actual crossing by goods and (or) vehicles of customs border of the state and all subsequent actions with goods and (or) vehicles before their release by customs authorities;

import duties, taxes and fees - customs duties, taxes and fees which are subject to payment when importing or in connection with commodity importation, but except for any charges paid to Customs Service or collected by it at the request of other state bodies;

commodity exportation and (or) vehicles from customs area of the state - making of the actions which are directly directed to commodity exportation and (or) vehicles and also all subsequent actions with goods and (or) vehicles before the actual crossing of customs border of the state by them. Treat the actions which are directly directed to commodity exportation and (or) vehicles from customs area of the state: entrance (entrance) of the physical person leaving the state to the customs control zone; entrance of the vehicle to the check point through frontier of the state for the purpose of its departure from customs area of the state; delivery of goods to transport organizations or organizations of mail service of the international mailings for sending out of limits of customs area of the state; the actions of person which are directly directed to the actual crossing of customs border by goods and (or) vehicles out of the places established by the legislation of the state;

export duties, taxes and fees - customs duties, taxes and fees which are subject to payment when exporting or in connection with commodity exportation, except for any charges paid to Customs Service or collected by it at the request of other state bodies;

release of goods, vehicles - the action of Customs Service consisting in permission to interested persons to use and dispose of goods, vehicles concerning which the customs clearance according to the declared customs regime is performed;

the customs applicant - person who declares goods and vehicles or on behalf of which goods and vehicles are declared;

interested persons are persons whose interests are infringed by decisions, actions (failure to act) of customs authorities concerning goods and (or) vehicles directly and individually;

foreign persons are persons who are not domestic;

foreign goods - the goods which are not domestic;

business documents - the invoice (invoice), shipping and pack lists and other documents which are used according to international treaties, the legislation of the state or business customs when implementing the foreign and other trade activity and which by law, agreements of the parties or business customs are used for confirmation of the transactions connected with movement of goods through customs border;

person - the physical and (or) legal entity;

domestic persons are the legal entities created according to the legislation of the state and also physical persons - the citizens of the state of the Commonwealth including registered in its territory as individual entrepreneurs;

domestic goods - the goods having the status for the customs purposes being in free circulation on customs area of the state;

carrier - the person transporting goods through customs border of the state and (or) transportation of goods under customs control on the territory of the state or being responsible for use of vehicles;

movement of goods and (or) vehicles through customs border of the state - making of actions for commodity importation and (or) vehicles on customs area of the state or to export from this territory of goods and (or) vehicles in any manner;

free circulation - turnover of goods on customs area of the state without restrictions and prohibitions provided by the national customs legislation;

customs border of the state - limits of customs area of the state and (or) limits free (special, special) the economic zones which are in the territory of the state or the limits of other territories provided by the national legal system of the state;

the customs declaration - the document of the established form in which the data necessary for customs clearance of goods and vehicles are specified;

customs procedure - set of the actions determining procedure for making of customs transactions and the status of goods and vehicles for the customs purposes;

Customs Service - public service to which application of the customs legislation and collection of duties, taxes and fees, and also application of other laws and rules concerning import, export, movement or storage of goods and (or) vehicles is assigned;

customs area - the territory in which the customs legislation of the state is applied;

the customs legislation - body of laws and the bylaws concerning import, export, movement or storage of goods and (or) vehicles which use and ensuring execution is assigned directly to Customs Service, and also any normative instructions published by Customs Service within its competence;

customs clearance - accomplishment of customs formalities and transactions concerning the goods and vehicles moved through customs border of the state;

customs regulation - establishment of procedure and rules in case of which observance persons exercise the right to movement of goods and vehicles through customs border of the state;

customs papers - the documents constituted only for the customs purposes;

customs transactions - the separate actions concerning goods and vehicles made by persons and customs authorities in case of customs clearance of goods and vehicles;

customs authorities - the administrative divisions of Customs Service authorized on production of customs formalities;

customs formalities - set of the actions which are subject to making by the corresponding persons and Customs Service for the purpose of execution of requirements of the customs legislation;

the customs broker (representative) - the intermediary making customs transactions for and on behalf of the customs applicant or the other person to whom the obligation is assigned or which is granted the right to make customs transactions;

customs control - set of the measures performed by Customs Service for the purpose of ensuring compliance with the customs legislation;

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