RESOLUTION OF BOARD OF CUSTOMS COMMITTEE OF THE UNION STATE

of March 31, 2003

About the organization of control of the actual commodity exportation and vehicles out of limits of the Union State

List of amending documents

The board of Customs committee of the Union State notes that the used mechanism of control of the actual commodity exportation out of limits of the Union State requires enhancement.

The board of Customs committee of the Union State requires enhancement.

The board of Customs committee of the Union State decided:

1. Approve Regulations on procedure for control of the goods which are exported from the territory of the Union State (further - the Provision) it (is applied).

2. Declare invalid Regulations on procedure for control of goods, portable from the territory of the Customs union (it is approved 04.08.1995 as the chairman of the State Customs Committee of the Republic of Belarus and 05.09.1995 the chairman of the State Customs Committee of Russia).

3. The State Customs Committee of Russia and the State Customs Committee of the Republic of Belarus till 01.07.2003 to adopt the regulatory legal acts necessary for realization of the Provision specified in Item 1.

4. To the permanent working group created by the order of Customs committee of the Union State of 19.03.2001 of N3:

- prepare till 01.07.2003 the draft of the order of Customs committee of the Union State determining structure and format of notifications on the goods which are drawn up in the Russian Federation and subjects to the actual export through the Belarusian site of external border of the Union State;

- work till 01.11.2003 organizational, technical and financial aspects of the organization of information exchange between GNIVTS of the State Customs Committee of Russia and the Minsk central customs.

5. To exercise control of execution of this resolution to the first deputy chairman of the State Customs Committee of Russia L. A. Lozbenko and the vice-chairman of the Republic of Belarus V. A. Goshin.

 

Regulations on procedure for control of the goods which are exported from the territory of the Union State

1. General provisions

1.1. This Regulations on procedure for control of the goods which are exported from the territory of the Union State (further - the Provision), determine operations procedure of officials of the Belarusian and Russian customs authorities in case of control of the goods which are exported out of limits of the territory of the Union State (except for goods which movement through external border of the Union State is performed by pipeline transport and on power lines).

1.2. The goods which are exported out of limits of the territory of the Union State are subject to customs clearance and customs control according to customs regimes under which they are located, in customs authority in which region of activities there is sender of goods or its structural division.

1.3. The goods which are drawn up in the Republic of Belarus are exported from the territory of the Union State according to rules of the goods delivery under customs control regardless of customs regimes under which they are located.

1.4. The goods which are drawn up in the Russian Federation are exported from the territory of the Union State without application of rules of the goods delivery under customs control, except as specified, provided by the national legal system of the Russian Federation.

If according to the national legal system of the Russian Federation rules of the goods delivery under customs control are applied to exported goods, the set of documents on exported goods contains copies (copies), the cargo customs declarations which are drawn up according to the customs regimes providing commodity exportation (further - GTD), and also 2nd and 3rd copies of the document of control of the goods delivery (DKD) or the book of MDP.

1.5. Boundary customs authorities of the Russian Federation and the Republic of Belarus in case of commodity exportation out of limits of the territory of the Union State exercise selective control of compliance of the data containing in the submitted documents, to the actual availability of goods and vehicles and also the condition of customs means of identification is checked.

1.6. GNIVTS of the State Customs Committee of Russia according to approved by procedure for information transfer, structures and formats of data, sends to requirements for information security to the Minsk central customs of the data from the drawn-up GTD in electronic form no later than three days after release of goods according to the declared customs regime.

The Minsk central customs according to the established regulations sends the specified electronic data to the customs authorities of the Republic of Belarus located at check points on external border of the Union State (further - boundary Belarusian customs authorities) *.

1.7. Absence in boundary Belarusian customs authority of electronic data on the drawn-up GTD cannot be the basis for refusal in issue of permission to movement of goods through external border of the Union State.

2. The actions performed by the Belarusian customs authorities, in case of monitoring procedure behind commodity exportation, drawn up in the Russian Federation

2.1. The Belarusian boundary customs authorities resolve the actual commodity exportation, drawn up in the Russian Federation, on condition of representation:

- the exported goods and vehicles performing their transportation to the check point located on external border of the Union State;

- transport documents on exported goods;

- GTD copy (including incomplete, temporary, temporary periodic, complete, complete periodic) with stamp print "Release is resolved", the official of the Russian customs authority making customs clearance of goods, or its copies assured by personal number seal in the cases specified in Item 2.2 of this provision;

- DKD or books of MDP, in cases if according to the national legal system of the Russian Federation rules of the goods delivery under customs control are applied to exported goods.

- the customs declaration in the form of the written application which is drawn up by customs authorities of the Russian Federation according to the procedure, determined by the legislation of the Russian Federation;

- to the paper copy of the electronic declaration (in case of application of electronic declaring) which is printed out on the sheet A4 on blank form of the cargo customs declaration with marks in the column "D" of the main sheet and the columns "D/J" and "C" of additional sheets of the paper copy of the electronic declaration with stamp print "Release it is permited", certified by the signature and personal number seal of the official of the Russian customs authority making customs clearance of goods and the mark "Copy" which is put down in the right upper corner).

2.2. Copies of GTD are represented to the Belarusian customs authorities located at check points on external border of the Union State in the following cases:

- in case of commodity exportation by railway transport - the copies certified by customs authority in which the customs clearance, or the customs applicant was made;

- in case of application of special procedure for declaring - the copies of GTD certified by the customs authority making customs clearance of goods according to customs regime of export or the copies of GTD certified by the customs applicant and which are in set of carriage documents on each car (the tank, etc.);

- in case of uncoupling along the line on the territory of the Republic of Belarus of cars from the group (which is drawn up on one GTD), on the technical or technological reasons - the copies of GTD certified by employees of the station where uncoupling, in the presence of the reference to GTD in the act of general form and the act of general form is made;

- in case of reloading of goods with pipeline on rail transport in the territory of the Republic of Belarus - the copies of GTD certified by customs of the Republic of Belarus in which region of activities there is overload;

- in case of reloading of goods with pipeline on rail transport in the territory of the Russian Federation - the copies of GTD certified by customs authority of the Russian Federation in which region of activities there is overload;

- in case of reloading of goods with automobile on rail transport in the territory of the Russian Federation - certified by customs authority of the Russian Federation in which zone of activities there was overload;

- in case of reloading of goods with automobile on rail transport in the territory of the Republic of Belarus - the Republic of Belarus assured by customs authority in which zone of activities there was overload;

- in case of reloading of goods with railway on road transport in the territory of the Russian Federation - certified by customs authority of the Russian Federation in which zone of activities there was overload;

- in case of reloading of goods with railway on road transport in the territory of the Republic of Belarus - the Republic of Belarus assured by customs authority in which zone of activities there was overload.

2.3. After adoption by the Belarusian boundary customs authority of the decision on the omission of goods abroad in remained with it, and also at carrier copies of transport documents prints of personal number seal of the official of the Belarusian boundary customs authority which made the decision on release of goods abroad are put down. On the back GTD (copies, in the cases established by the Provision) are specified data on the actual commodity exportation - the entry "The Goods Are Exported Completely" with indication of date of export is made. If the goods are exported by parts or are exported not completely - the entry "The Goods Are Exported in Quantity..." with indication of quantity of the exported goods in the main and additional units of measure according to the Commodity Nomenclature of Foreign Economic Activity is made. Record is certified by the signature and personal number seal of the official of the Belarusian customs authority, and the copy of GTD (copy) remains in cases of the Belarusian customs authority for the subsequent transfer according to Provision Item 2.7.

2.4. Control of the actual commodity exportation, exported from the Russian Federation according to rules of delivery under customs control, is performed according to this Provision. At the same time marks about the actual export of these goods, stipulated in Item 2.3, are put down on GTD copy, and actions with DKD are made according to statutory rules of control of the goods delivery.

2.5. In case of return (for technical or other reasons) the vehicle the adjacent state on the territory of the Union State the Belarusian customs authorities resolve repeatedly actual export of such goods (in case of elimination of the vehicle) based on earlier issued permission to the actual commodity exportation abroad, after production of identification, the moved goods and vehicles, according to the procedure established by the national legal system.

In case of not removal of obstacles for further following of the vehicle and non-realization of repeated commodity exportation out of limits of the Union State the Belarusian boundary customs authorities inform in seven-day time the Western customs post of the Smolensk customs that commodity exportation was not made.

2.6. The Belarusian boundary customs authority records exported goods in the special magazine.

2.7. No later than ten days from the date of the actual commodity exportation from the territory of the Union State through the Belarusian site of external border the Belarusian boundary customs authorities perform dispatch of documents on the Western customs post of the Smolensk customs, accompanied with the register (general for GTD and DKD) on paper and in electronic form:

- copies (copies) of GTD with the marks of the Belarusian customs authorities confirming the actual export concerning all exported goods regardless of application of the procedure of the goods delivery under customs control;

- copies of documents of control of the goods delivery, in cases if according to the national legal system of the Russian Federation rules of the goods delivery under customs control are applied to exported goods.

2.8. Notifications on confirmation of the actual commodity exportation, drawn up in the Russian Federation, through the Belarusian site of external border of the Union State go in electronic form according to the procedure, N3 "About Modification and the Amendments in Temporary Technology of Exchange of Electronic Information on Control of the Goods Delivery Moved under Customs Control between Customs Authorities of the Russian Federation and the Republic of Belarus" established by the order of Customs committee of the Union State of August 26, 2002.

2.9. The western customs post of the Smolensk customs in seven-day time from the moment of receipt of GTD (copies) informs on the fact of commodity exportation of customs of the Russian Federation in which regions of activities the customs clearance of exported goods according to the procedure, the established State Customs Committee of Russia, was made for confirmation of the actual commodity exportation out of limits of customs area of the Union State.

3. The actions performed by the Russian customs authorities, in case of monitoring procedure behind commodity exportation, drawn up in the Republic of Belarus

3.1. The Russian customs authorities located at check points on external border of the Union State resolve the actual commodity exportation, drawn up in the Republic of Belarus, on condition of representation:

- the exported goods and vehicles performing their transportation;

- transport documents on exported goods;

- the document of the control of the goods delivery processed by customs authority of the Republic of Belarus.

3.2. The boundary customs authority of the Russian Federation records exported goods in the special magazine.

3.3. In case of commodity exportation, drawn up by customs authorities of the Republic of Belarus through the Russian boundary customs authorities, the procedure of delivery of such goods is closed according to generally established procedure.

4. Final provisions

4.1. In case of not receipt in the Russian customs authorities within 30 days from receipt date of the address of the applicant of copies (copies) of GTD with the marks of customs authorities of the Republic of Belarus confirming the actual commodity exportation, the customs authority making customs clearance of goods sends inquiry for the Western customs post of the Smolensk customs (in electronic form by the established form, with obligatory specifying of the check point located on external border of the Union State through which, according to the applicant, goods were exported).

4.2. The western customs post of the Smolensk customs makes search of not arrived copies (copies) of GTD and in three-day time after receipt of request requests in electronic form (on agreed form) the Belarusian customs authorities about the reasons of their not receipt in customs authorities of the Russian Federation.

Information on these requests goes boundary Belarusian customs authorities to three-day time after their receipt on papers and in electronic form (on agreed form) to the Western post of the Smolensk customs.

4.3. The State Customs Committee of Russia and the State Customs Committee of the Republic of Belarus according to the national legal system and regulatory legal acts take measures for identification of the facts which caused not receipt of the documents testimonial of the actual commodity exportation from the territory of the Union State.

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* Item 1.6 of the Provision becomes effective after realization of the State Customs Committee of Russia and the State Customs Committee of the Republic of Belarus of the actions provided by the resolution of board of shopping mall of the Union State from 31.03.2003, and publications of the relevant order of shopping mall of the Union State.

 

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