LETTER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of June 29, 2010 No. 01-11/31847

"About non-use of separate regulations of the Customs code of the Russian Federation of May 28, 2003 No. 61-FZ"

Since July 1, 2010 the Customs Code of the Customs Union (further - the Customs Code of the Customs Union) which regulations have direct action in the territory of the Russian Federation becomes effective. The customs code of the Russian Federation (further - shopping mall of Russia) before its cancellation is effective in the part which is not contradicting the Customs Code of the Customs Union.

Please note that the shopping mall of Russia is subject to application taking into account the changed main terms and their determinations according to the Customs Code of the Customs Union:

- the term "customs declaring" in the Customs Code of the Customs Union is entered instead of the term "declaring" into shopping mall of Russia;

- the term "customs procedure" Customs Code of the Customs Union is entered instead of the terms "customs procedure" and "customs regime" of shopping mall of Russia (exception: temporary storage of goods in the Customs Code of the Customs Union is not customs procedure);

- the new term "the goods for private use delivered by carrier" - the goods for private use transferred or transferred to contract carrier of international delivery (on delivery note, the bill of lading and other documents) for the purposes of the actual movement through customs border to physical person or from physical person, not crossing customs border is entered into the Customs Code of the Customs Union;

- instead of the term "customs clearance" concerning goods concerning which till July 1, 2010 rates of export customs duties were established in the Customs Code of the Customs Union the term "making of customs transactions" is used;

- instead of the term "adoption of the customs declaration" in the Customs Code of the Customs Union the term "registration of the customs declaration" is used;

- in the text of the Section III "Customs payments" Customs Code of the Customs Union the term "person responsible for payment of customs duties, taxes" it is replaced with the term "payer of customs duties, taxes";

- instead of the term "survey of rooms and territories" (Article of 375 shopping malls of Russia) in the Customs Code of the Customs Union the term "customs examination of rooms and territories" (article 119 Customs Code of the Customs Union) is used;

- instead of form of customs control "customs audit" (Article of 376 shopping malls of Russia) is entered form of customs control "customs inspection" (article 122 Customs Code of the Customs Union).

The following regulations of shopping mall of Russia are not applied:

1. Article of 1 shopping mall of Russia:

Item 1 is not applied. Item 1 of the article 1 Customs Code of the Customs Union is applied.

2. Article of 7 shopping malls of Russia is not applied except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established. Item 3 of the article 3 Customs Code of the Customs Union is applied.

3. Article of 10 shopping malls of Russia is not applied. The article 8 Customs Code of the Customs Union is applied.

4. Article of 11 shopping malls of Russia:

the subitem 10 of Item 1 is not applied except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established. Subitem 19 of the article 4 Customs Code of the Customs Union is applied. In other part Article is applied only in export cases from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established.

5. Article of 12 shopping malls of Russia:

the paragraph two of Item 2 will not be applied regarding movement by physical persons of money and monetary instruments after signing and entry into force of the Agreement on procedure for movement by physical persons of cash and (or) monetary instruments through customs border of custom union.

6. Article of 13 shopping malls of Russia is not applied except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established.

The article 152 Customs Code of the Customs Union, the Agreement on single measures of non-tariff regulation to the third countries of January 25, 2008, the Agreement on procedure for introduction and application of the measures affecting foreign trade in goods on single customs area concerning the third countries of June 9, 2009, the Agreement on rules of licensing in the field of the foreign trade in goods of June 9, 2009, the Agreement on the product circulation which is subject to obligatory assessment (confirmation) of compliance on customs area of custom union of December 11, 2009, the Customs union agreement on sanitary measures of December 11, 2009, the Customs union agreement on veterinary and sanitary measures of December 11, 2009, the Customs union agreement about quarantine of plants of December 11, 2009, the Decision of Interstate Council of Eurasian economic community (the supreme body of custom union) "On single non-tariff regulation of custom union of the Republic of Belarus are applied, The Republic of Kazakhstan and the Russian Federation" of November 27, 2009 N 19, the Decision of the Commission of "On Single Non-tariff Regulation of Custom Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation" custom union of November 27, 2009 N 132, the Law of the Russian Federation of May 14, 1993 N 4979-1 "About veterinary science", the Federal Law of March 30, 1999 N 52-FZ "About sanitary and epidemiologic wellbeing of the population", the Federal Law of July 15, 2000 N 99-FZ "About quarantine of plants", the Federal Law of December 27, 2002 N 184-FZ "About technical regulation", the order of the Government of the Russian Federation of February 6, 2003 N 67 "About introduction in the Russian Federation of certificates of export of the rough natural diamonds", the order of the Government of the Russian Federation of August 27, 2003 N 527 "About certificates on import of the rough natural diamonds to the territory of the Russian Federation", the order of the Government of the Russian Federation of February 7, 2008 N 53 "About import to customs area of the Russian Federation of products which are subject to obligatory confirmation of conformity", the order of the Government of the Russian Federation of December 1, 2009 N 982 "About approval of the single list of products, the subject obligatory certification, and the single list of products which confirmation of conformity is performed in the form of adoption of the declaration of conformity".

7. Article of 14 shopping malls of Russia:

Item 1 is not applied. The article 2 Customs Code of the Customs Union is applied;

Item 2 is not applied. The paragraph two of Item 3 of the article 150 Customs Code of the Customs Union is applied;

Item 3 is not applied. Relevant provisions of Item 1 of the article 94 Customs Code of the Customs Union, except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established are applied.

8. Article of 15 shopping malls of Russia:

Item 1 is not applied. Provisions of Item 1 of the article 153 Customs Code of the Customs Union are applied;

Item 2 is not applied except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established. Provisions of Item 2 of the article 153 Customs Code of the Customs Union are applied.

9. Article of 16 shopping malls of Russia is not applied, except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established.

10. Chapter of 3 shopping malls of Russia is not applied (are applied Article 18 - 22 Chapters 3 of the Customs Code of the Customs Union), except for the second offer of Item 1 and Items 2, of 3, of 4, of the 5th Article 20, of the third offer of Item 1, of Item 2 of Article 21, of Item 2 of Article 22.

11. Article of 26 shopping malls of Russia:

Item 1 is not applied. Items 1, of 3, of the 5 and 6 article 47 Customs Code of the Customs Union are applied;

Item 3 is not applied. Item 2 of the article 47 Customs Code of the Customs Union is applied.

12. Article of 27 shopping malls of Russia:

Item 1 is not applied. Item 1 of the article 48 Customs Code of the Customs Union is applied.

13. Article of 28 shopping malls of Russia:

Item 1 is not applied. Item 1 of the article 49 Customs Code of the Customs Union is applied;

Item 2 is not applied. Item 2 of the article 49 Customs Code of the Customs Union is applied.

14. Article of 29 shopping malls of Russia is not applied except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established. Item 2 of the article 58 Customs Code of the Customs Union is applied.

15. Article of 30 shopping malls of Russia:

Item 1 is not applied except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established. Items 1 and 4 of the article 58 Customs Code of the Customs Union are applied.

16. Article of 31 shopping mall of Russia is not applied except as specified export from the Russian Federation in state members of custom union of goods concerning which till July 1, 2010 rates of export customs duties were established. Item 1 of the article 58 Customs Code of the Customs Union and the Agreement of January 25, 2008 are applied. "About single rules of determination of the country of goods' origin".

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