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LETTER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of October 30, 2012 No. 01-11/53872

About implementation of Chapter 21 of the Federal Law of November 27, 2010 No. 311

Since January 1, 2013 Articles 189, 190 and parts 2 - the 10th article 191 of the Federal Law of November 27, 2010 N 311-FZ "About customs regulation in the Russian Federation" come into effect (further - the Law).

The specified articles are drafted for the purpose of realization of provisions of Chapter 21 of the Customs Code of the Customs Union (further - the Code) and assign to customs authorities of power on detention when carrying out customs control of the goods which are not objects of administrative offenses or crimes (further - the detained goods).

Detention will be is subject first of all by goods which terms of temporary storage expired, and also a number of the goods falling under the bases, stipulated in Clause 145 Codes.

In case of non-claiming of the detained goods within the term of their storage according to the procedure, stipulated in Clause 147 Codes, they are subject to realization or, in some cases, destruction or other use.

According to part 1 of article 190 of the Law the order the unclaimed detained goods shall be performed by the federal executive body authorized by the Government of the Russian Federation on the organization of realization, destruction or conversion (utilization) of the property turned into property of the state. The state function on realization of such property is performed by Rosimushchestvo subordinated to the Ministry of Economic Development of the Russian Federation.

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