FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 6, 2011 No. 409-FZ

About modification of separate legal acts of the Russian Federation

Accepted by the State Duma on November 18, 2011

Approved by the Federation Council on November 29, 2011

Article 1

Bring in article 26 of the Federal law "About Banks and Banking Activity" (in edition of the Federal Law of February 3, 1996 N 17-FZ) (Sheets of the Congress of People's Deputies of RSFSR and the Supreme Council of RSFSR, 1990, N 27, Art. 357; Russian Federation Code, 1996, N 6, Art. 492; 2001, N 33, Art. 3424; 2003, N 27, Art. 2700; N 52, of Art. 5033; 2004, N 27, Art. 2711; 2005, N 1, Art. 45; 2007, N 31, Art. 4011; N 41, of Art. 4845; 2009, N 23, Art. 2776; N 30, of Art. 3739; 2010, N 31, Art. 4193; N 47, of Art. 6028; 2011, N 7, Art. 905; N 27, of the Art. 3873) following changes:

1) in word part two "to customs authorities of the Russian Federation," to exclude;

To add 2) with part of twenty third of the following content:

"Documents and data which contain bank secrecy of the legal entities and citizens performing business activity without formation of legal entity are provided by credit institutions to customs authorities of the Russian Federation in the cases, procedure and amount provided by the Customs Code of the Customs Union and the Federal Law of November 27, 2010 N 311-F3 "About customs regulation in the Russian Federation". Customs authorities of the Russian Federation and their officials have no right to disclose data which contain bank secrecy, received by them from the credit institutions, except as specified provided by the Federal Laws. Customs authorities of the Russian Federation and their officials bear responsibility for disclosure of bank secrecy, including compensation of the caused damage, according to the procedure, established by the Federal Law.".

Article 2

Bring in the Law of the Russian Federation of April 15, 1993 N 4804-I "About export and import of cultural values" (Sheets of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 20, Art. 718; Russian Federation Code, 2004, N 45, Art. 4377; 2008, N 30, Art. 3616; 2009, N 29, Art. 3587; 2011, N 27, Art. 3880) following changes:

The second word preambles "the customs legislation of the Russian Federation" shall be replaced with words 1) in the paragraph "the legislation of the Russian Federation on customs affairs";

2) Article 2 to recognize invalid;

3) in Article 5:

a) in the paragraph the second words "customs border of the Russian Federation" shall be replaced with words "Frontier of the Russian Federation";

b) word in paragraph three "customs border of the Russian Federation" shall be replaced with words "Frontier of the Russian Federation";

c) word in paragraph four "customs border of the Russian Federation" shall be replaced with words "Frontier of the Russian Federation";

d) word in paragraph five "customs border of the Russian Federation" shall be replaced with words "Frontier of the Russian Federation";

4) - 13) voided according to the Federal Law of the Russian Federation of 28.12.2017 No. 435-FZ

Article 3

Bring in the Law of the Russian Federation of May 21, 1993 N 5003-I "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, of Art. 4567; 1996, N 1, Art. 4; 1997, N 6, Art. 709; 1999, N 7, Art. 879; N 18, of Art. 2221; 2000, N 22, Art. 2263; 2001, N 33, Art. 3429; N 53, of Art. 5026; 2002, N 22, Art. 2026; N 30, of Art. 3033; 2003, N 23, Art. 2174; N 28, of Art. 2893; N 50, of Art. 4845; 2004, N 19, Art. 1834; N 27, of Art. 2711; N 35, of Art. 3607; 2005, N 30, Art. 3123; N 46, of Art. 4625; N 52, of Art. 5581; 2006, N 31, Art. 3444; N 47, of Art. 4819; 2007, N 49, Art. 6071; N 50, of Art. 6234; 2008, N 49, Art. 5732, 5748; 2009, N 1, Art. 22; N 26, of Art. 3123; 2010, N 50, Art. 6593) following changes:

Article 1 to state 1) in the following edition:

"Article 1. Purposes of this Law

This Law determines procedure for application of rates of export customs duties, establishments of rates of export customs duties and the inventory to which they are applied cases of exemption of export customs duty, feature of application of rates of import customs duties depending on the country of goods' origin and conditions of their import, and also feature of provision of tariff preferences and the tariff quotas.";

2) Article 2 to recognize invalid;

3) in Article 3:

a) in Item 1 of the word "moving goods through customs border of the Russian Federation" shall be replaced with words "performing import to the Russian Federation and export from the Russian Federation of goods";

b) state Item 2 in the following edition:

"2. Rates of import customs duties of the Common customs tariff of the Customs union within EurAsEC are applied to the goods coming from the countries, the trade and political relations with which provide regime of the most favored nation, (further - the Customs union).

The rates of import customs duties of the Common customs tariff of the Customs union doubled except as specified of provision of tariff preferences based on provisions of international treaties of state members of the Customs union, international treaties of the Russian Federation are applied to the goods coming from the countries, the trade and political relations with which do not provide regime of the most favored nation.

Rates of the import customs duties of the Common customs tariff of the Customs union, except as specified, provided by international treaties of state members of the Customs union, international treaties of the Russian Federation are applied to goods which country of source is not established.";

c) ceased to be valid according to the Federal Law of the Russian Federation of 03.12.2012 No. 239-FZ;

4) in Article 5:

a) in Item 1:

state subitem 1 in the following edition:

"1) customs duty - obligatory payment in the federal budget levied by customs authorities in connection with movement of goods through customs border of the Customs union and in other cases determined according to international treaties of state members of the Customs union and (or) the legislation of the Russian Federation;";

subitems 2 - 6 to recognize invalid;

b) declare Item 2 invalid;

c) in Item 3 of the word "the customs legislation of the Russian Federation" shall be replaced with words "the customs legislation of the Customs union, the legislation of the Russian Federation on customs affairs";

"Import and" to exclude 5) in Article 6 of the word;

6) Article 7 to recognize invalid;

7) Article 12 to recognize invalid;

8) in Article 13:

a) declare Item 1 invalid;

b) in Item 2:

declare subitem 1 invalid;

in subitem 2 of the word of "illicit movement of the imported goods through customs border of the Russian Federation" shall be replaced with words "illegal commodity importation to the Russian Federation";

c) declare Item 3 invalid;

9) Article 14 to recognize invalid;

The Section IV to declare 10) invalid;

Article 34 to state 11) in the following edition:

"Article 34. Tariff privileges

1. The tariff privileges concerning the goods imported into the Russian Federation are provided according to the Customs Code of the Customs Union, international treaties of state members of the Customs union.

2. The tariff privileges concerning the goods exported from the Russian Federation are established by this Law and cannot have individual character.

3. For the purposes of this Law the tariff privilege concerning the goods exported from the Russian Federation is understood as the privilege provided on the terms of reciprocity or unilaterally in case of realization of trade policy of the Russian Federation in the form of exemption of customs duty or decrease in rate of customs duty.

4. The procedure for provision of the tariff privileges established by this Law is determined by the Government of the Russian Federation.";

Article 35 to state 12) in the following edition:

"Article 35. Provision of the tariff privileges

1. Are exempted from customs duties:

1) objects of logistics and equipment, the fuel, food and other property exported from the Russian Federation for ensuring activities Russian and (affreighted) by Russian persons of the leased courts performing fishery;

2) the goods exported from the Russian Federation according to the decision of the Government of the Russian Federation to the countries which are not state members of the Customs union as the humanitarian assistance for the purpose of mitigation of consequences of accidents and catastrophic crashes, natural disasters, for charitable purposes through the states, the international organizations, the governments, including for the purpose of technical assistance (assistance);

3) goods, except for excisable, according to the list approved by the Government of the Russian Federation, exported from the Russian Federation within international cooperation of the Russian Federation in the field of research and use of space, and also agreements on services in start of spacecrafts;

4) the goods (products) exported from the Russian Federation, made in case of implementation of the production sharing agreement and belonging to agreement parties about the Section of products.

2. According to the decision of the Government of the Russian Federation the tariff privileges in the form of exemption of customs duty or decrease in rate of customs duty in the relation can be provided:

1) the goods exported from the Russian Federation as a part of complete deliveries for construction of objects of investment cooperation abroad according to international treaties of the Russian Federation;

2) the goods exported from the Russian Federation within supply rates for export for the federal state needs determined in accordance with the legislation of the Russian Federation about placing orders for the supply of goods, works and services for state and municipal needs.";

Article 36 to state 13) in the following edition:

"Article 36. Tariff preferences and tariff quotas

1. The Russian Federation provides tariff preferences according to international treaties of state members of the Customs union, international treaties of the Russian Federation.

For the purposes of this Article tariff preference is understood as exemption of import customs duties concerning the goods coming from the countries forming the free trade area together with the Russian Federation or which signed the agreements which are intended for creation of such zone, or decrease in rates of import customs duties concerning the goods occurring from developing or the least developed countries using single system of tariff preferences of the Customs union.

2. For the purposes of this Article concerning the goods imported into the Russian Federation the tariff quota is understood as the measure of regulation of import to the Russian Federation of separate types of the agricultural goods coming from the third countries providing application during the certain period of lower rate of import customs duty when importing certain goods quantity (in natural or value term) in comparison with rate of the import customs duty applied according to the Common customs tariff of the Customs union.

The rate of import customs duty according to the Common customs tariff of the Customs union is applied to the goods imported into the Russian Federation over assigned amount (quota).

3. The method and procedure for distribution of the tariff quota concerning imported goods between participants of foreign trade activity, and also if necessary distribution of the tariff quota between the third countries is determined by the Commission of the Customs union or on the decision of the Commission of the Customs union the Government of the Russian Federation.

According to the procedure, determined by the Government of the Russian Federation, amounts of the tariff quotas are distributed between participants of foreign trade activity by results of tenders (auctions) or in proportion to amount of the goods coming from foreign state and imported on the territory of the Russian Federation during the period determined by the Government of the Russian Federation.

4. For the purposes of this Article concerning the goods exported from the Russian Federation the tariff quota is understood as the measure of regulation of export from the Russian Federation of the goods coming from the Russian Federation providing application during the certain period of lower rate of export customs duty when exporting certain goods quantity (in natural or value term) in comparison with rate of the export customs duty established by the Government of the Russian Federation.

The rate of export customs duty established by the Government of the Russian Federation is applied to the goods exported from the Russian Federation over assigned amount (quota).

5. The tariff quotas on commodity exportation are established by the Government of the Russian Federation.

The method and procedure for distribution of the tariff quota concerning exported goods between participants of foreign trade activity, and also if necessary distribution of the tariff quota between the third countries is determined by the Government of the Russian Federation.";

14) Article 37 to recognize invalid.

Article 4

Bring in the Federal Law of December 13, 1996 N 150-FZ "About weapon" (The Russian Federation Code, 1996, N 51, Art. 5681; 2003, N 2, Art. 167; 2009, N 1, Art. 17; N 7, of Art. 770; N 30, of Art. 3735; 2010, N 23, Art. 2793; 2011, N 1, Art. 10; N 30, of the Art. 4596) following changes:

1) in the paragraph the twelfth part one of Article 1 of the word "import of weapon to the territory of the Russian Federation" shall be replaced with words "import of weapon to the Russian Federation";

Shall be replaced with words 2) in part two of Article 7 of the word "imported on the territory of the Russian Federation" "imported into the Russian Federation";

Shall be replaced with words 3) in part two of Article 8 of the word "imported on the territory of the Russian Federation" "imported into the Russian Federation";

4) in Article 14:

a) in the name of the word "import to the territory of the Russian Federation" shall be replaced with words "import to the Russian Federation";

b) in part three of the word "on the territory of the Russian Federation" shall be replaced with words "to the Russian Federation";

c) in part four of the word "on the territory of the Russian Federation" shall be replaced with words "to the Russian Federation";

d) in part five of the word "on the territory of the Russian Federation" shall be replaced with words "to the Russian Federation";

5) in Article 17:

a) in the name of the word "on the territory of the Russian Federation" shall be replaced with words "to the Russian Federation";

Shall be replaced with words 6) in part one of the word "on the territory of the Russian Federation" "to the Russian Federation";

c) in part two of the word "on the territory of the Russian Federation" shall be replaced with words "to the Russian Federation";

d) in part three of the word "on the territory of the Russian Federation" shall be replaced with words "to the Russian Federation";

e) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 227-FZ

e) ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 268-FZ

g) ceased to be valid according to the Federal Law of the Russian Federation of 03.07.2016 No. 227-FZ

h) in part seven of the word "on the territory of the Russian Federation" shall be replaced with words "to the Russian Federation";

Shall be replaced with words 6) in Article 23 of the word "on the territory of the Russian Federation" "to the Russian Federation";

3 parts one of Article 27 of the word "The customs code of the Russian Federation" shall be replaced with words 7) in Item "the customs legislation of the Customs union within EurAsEC and (or) the legislation of the Russian Federation on customs affairs".

Article 5

In Item 3 of article 112 of the Air code of the Russian Federation (The Russian Federation Code, 1997, N 12, the Art. 1383) words "the customs legislation of the Russian Federation" shall be replaced with words "the customs legislation of the Customs union within EurAsEC and (or) the legislation of the Russian Federation on customs affairs".

Article 6

Bring in the Federal Law of July 21, 1997 N 114-FZ "About service in customs authorities of the Russian Federation" (The Russian Federation Code, 1997, N 30, Art. 3586; 2002, N 27, Art. 2620; 2004, N 27, Art. 2711; 2008, N 26, Art. 3022) following changes:

Article 2 to state 1) in the following edition:

"Article 2. The legal basis of service in customs authorities

The legal basis of service in customs authorities is constituted by the Constitution of the Russian Federation, the legislation of the Russian Federation on customs affairs, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation regulating procedure for service in customs authorities.";

Article 3 to state 2) in the following edition:

"Article 3. Officials of customs authorities

Officials of customs authorities are citizens, replacement positions of employees in the specified bodies to which the special ranks are given (further - customs officers), and federal government civil servants of customs authorities.";

"Chapter 61 of the Customs code of the Russian Federation" shall be replaced with words 3) in the subitem 13 of Item 1 of Article 16 of the word "the legislation of the Russian Federation on customs affairs".

Article 7

Bring in the Federal Law of February 25, 1999 N 39-FZ "About investing activities in the Russian Federation performed in the form of capital investments" (The Russian Federation Code, 1999, N 9, Art. 1096; 2000, N 2, Art. 143; 2007, N 31, Art. 4012; 2011, N 30, Art. 4563, 4596) following changes:

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