ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of June 18, 2013 No. 1115

About approval of the Procedure and technologies of making of customs transactions concerning goods, including vehicles, the port special economic zones imported (imported) in the territory of port special economic zones and exported from the territories

According to part 4 of article 224 of the Federal Law of November 27, 2010 No. 311-FZ "About customs regulation in the Russian Federation" (The Russian Federation Code, 2010, No. 48, Art. 6252; 2011, No. 27, Art. 3873, No. 29, Art. 4291, No. 50, Art. 7351; 2012, No. 53 (p. I), Art. 7608; 2013, No. 14, the Art. 1656), based on part 5 of Article 36 and parts 6, the 7th article 37.2 of the Federal Law of July 22, 2005 No. 116-FZ "About special economic zones in the Russian Federation" (The Russian Federation Code, 2005, No. 30 (p. II), Art. 3127; 2006, No. 23, Art. 2383, No. 52 (p. I), Art. 5498; 2007, No. 45, Art. 5417; 2008, No. 30 (p. II), Art. 3616; 2009, No. 52 (p. I), Art. 6416; 2011, No. 27, Art. 3880, No. 30 (p. I), Art. 4563, No. 30 (p. I), Art. 4590, No. 45, Art. 6335, No. 49 (p. I), Art. 7043, No. 49 (p. V), Art. 7070, No. 50, Art. 7351; 2012, No. 53 (p. I), Art. 7643; 2013, 9, of the Art. 873) I order to No.:

1. Approve the enclosed Procedure and technologies of making of customs transactions concerning goods, including vehicles, the port special economic zones imported (imported) in the territory of port special economic zones and exported from the territories (further - the Procedure).

2. Apply the electronic exchange of data provided by Procedure after development and deployment of the corresponding information software of the Single automated information system of customs authorities (further - EAIS of customs authorities).

3. To head department of information technologies (A. E. Shashayev), to customs authority Central information technically (A. A. Timofeev), to Head department of the organization of customs clearance and customs control (D. B. Zhukov) within two months from the date of entry into force of this order to provide completion and publication of the Album of formats of electronic documents and the Specification of electronic interaction.

Within six months from the date of publication on the official site of FCS of Russia in international association of Internet networks of the Album of formats of electronic documents and the Specification of electronic interaction to provide:

upgrade of information software of EAIS of customs authorities for the purpose of ensuring information exchange of data between participants of foreign economic activity and customs authority and also to finish KPS "ED Portal" функционалоо to making of customs transactions according to Procedure;

realization of electronic accounting and the goods control which are exported from the territory of port special economic zones according to Procedure provisions.

4. To impose control of execution of this order on the deputy manager of FCS of Russia R. V. Davydov.

This order becomes effective after 30 days after day of its official publication.

Appendix

to the Order of the Federal Customs Service of the Russian Federation of June 18, 2013 No. 1115

Procedure and technologies of making of customs transactions concerning goods, including vehicles, the port special economic zones imported (imported) in the territory of port special economic zones and exported from the territories

I. General provisions

1. This Procedure determines procedure and technologies of making of customs transactions concerning goods, including vehicles, the port special economic zones imported (imported) in the territory of port special economic zones and exported from the territories created according to the Federal Law of July 22, 2005 No. 116-FZ "About special economic zones in the Russian Federation" (The Russian Federation Code, 2005, No. 30 (p. II), Art. 3127; 2006, No. 23, Art. 2383, No. 52 (p. I), Art. 5498; 2007, No. 45, Art. 5417; 2008, No. 30 (p. II), Art. 3616; 2009, No. 52 (p. I), Art. 6416; 2011, No. 27, Art. 3880, No. 30 (p. I), Art. 4563, No. 30 (p. I), Art. 4590, No. 45, Art. 6335, No. 49 (p. I), Art. 7043, No. 49 (p. V), Art. 7070, No. 50, Art. 7351; 2012, No. 53 (p. I), Art. 7643; 2013, No. 9, the Art. 873) (further - the Federal Law No. 116-FZ) on sites of the territories adjacent to the airports open for acceptance and sending the aircrafts which are carrying out the international airborne transportations on which customs procedure of free customs zone is applied (further - POEZ).

2. The customs transactions connected with goods placement under the customs procedure of free customs zone applied in the territory of POEZ (further - STZ), with completion of action of customs procedure of STZ, and also with import (export) of goods and entrance (departure) of the vehicles transporting such goods or the following empty (further - automobiles), on (c) POEZ territory(territories), are made by the customs authority which is in the territory of POEZ or customs authority in which region of activities there is POEZ (further - authorized customs authority), on the one hand, and resident of POEZ, persons which have the right to perform activities in POEZ according to subitems 1 - 3 parts 3 of article 10 of the Federal Law No. 116-FZ, the carrier, persons having powers concerning goods or their representatives, on the other hand.

3. Commodity importation and entrance of automobiles on POEZ territory, and also commodity exportation and departure of automobiles from the territory of POEZ are performed with the permission of authorized customs authority taking into account provisions of this Procedure.

4. Import (export) of goods on (c) POEZ territory(territories), and also entrance (departure) of the automobiles transporting such goods including empty, are performed through the check-points located on border of POEZ and intended for import (export) of goods and entrance (departure) of automobiles (further - the check point) if other is not established by regulatory legal acts of FCS of Russia or provisions of this Procedure.

5. If the goods assumed to import to the territory by POEZ are placed under the customs procedure of customs transit, vehicles transporting such goods for the purpose of completion of action of customs procedure of customs transit and receipt of the import permit of goods on the territory of POEZ are placed on specially allocated platform in close proximity to the check point. Such platform is located outside the territory of POEZ in which customs procedure of STZ is applied. In the territory of such platform the customs control zone is in accordance with the established procedure created.

6. If the resident of POEZ renders to persons which are not residents of POEZ, service in warehousing (storage) of goods, loading (unloading) of goods and making of other cargo operations connected with storage on ensuring safety of goods, and also on preparation of goods for transportation including crushing of batch, forming of sendings, sorting, packaging, repacking, marking provided that the transactions made with goods when rendering such services do not change the characteristics of goods connected with change of classification code according to the single Commodity nomenclature of foreign economic activity of the Customs union (further - FEACN CU) (further - custodial services), then the resident of POEZ shall provide to authorized customs authority of the copy of the signed service provision agreements of storage during the working day following behind day of the conclusion of such agreement and also to notify authorized customs authority in any written form on prolongation or early termination of the service provision agreement of storage signed with person with application of copies of the relevant documents.

The service provision agreement of storage and the notification on prolongation or early agreement cancelation on rendering custodial services can be provided to authorized customs authority electronically by means of use of international association of Internet networks, persons assured by the digital signature submitting such documents.

7. If according to the documents submitted to authorized customs authority, person to whom goods follow is not resident of POEZ or person who has the right to perform activities in POEZ according to subitems 1 - 3 parts 3 of article 10 of the Federal Law No. 116-FZ, then import of such goods to the territory of POEZ is not allowed, except for case when such goods are imported on POEZ territory according to the service provision agreement of storage signed with resident of POEZ.

8. Concerning the foreign goods imported on POEZ territory by persons which are not residents of POEZ, except for persons which signed with resident of POEZ the service provision agreement of storage, customs transactions provided by the customs legislation of the Customs union and the legislation of the Russian Federation on customs affairs for their room under the chosen customs procedure are made outside POEZ territory.

II. Making of customs transactions in case of issue of the import permit on the territory of POEZ of the goods imported by residents of POEZ

9. Provisions of this Chapter are applied to POEZ imported on the territory by residents of POEZ:

1) the foreign goods imported from the territory of the state which is not state member of the Customs union, STZ placed under customs procedure;

2) the foreign goods imported from other part of customs area of the Customs union and placed under customs procedure of customs transit, placed under customs procedure of STZ;

3) foreign goods concerning which temporary storage in warehouse of temporary storage or in other place of temporary storage established by part 1 of article 198 of the Federal Law of November 27, 2010 No. 311-FZ "About customs regulation in the Russian Federation" and which are placed under customs procedure of STZ was performed;

4) the goods of the Customs union placed under customs procedure of STZ;

5) the goods of the Customs union which are not placed under customs procedure of STZ.

10. Making of customs transactions and carrying out customs control in case of arrival on customs area of the Customs union of the goods specified in the subitem 1 of Item 9 of this Procedure in case of completion of customs procedure of customs transit concerning the goods specified in the subitem 2 of Item 9 of this Procedure and also when making the customs transactions connected with temporary storage of the goods specified in the subitem 3 of Item 9 of this Procedure are performed in accordance with the established procedure.

11. For the purpose of commodity importation the authorized customs authority issues the import permit of goods on POEZ territory (further - the import permit of goods) taking into account provisions of paragraph two of this Item and Item 65 of this Procedure.

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