ORDER OF THE STATE CUSTOMS COMMITTEE OF THE RUSSIAN FEDERATION

of December 8, 2003 N№1402

About making of separate customs transactions when using customs regime of re-export

For the purpose of realization of provisions of the Customs code of the Russian Federation (The Russian Federation Code, 2003, N 22, 2066) I order to the Art.:

1. Determine that when using customs regime of re-export customs transactions are made taking into account the following features.

1.1. Declaration of goods according to customs regime of re-export is made with use of the cargo customs declaration (CCD) completed according to rules of filling of GTD in case of declaration of goods which are exported from customs area of the Russian Federation, except as specified, when regulatory legal acts of the State Customs Committee of Russia establish application or the possibility of application of the written customs declaration of other form is allowed.

If to customs regime of re-export the goods which arrived to customs area of the Russian Federation, being in the check point through Frontier of the Russian Federation or in other customs control zone located in close proximity to the check point, and are not placed under any customs regime or special customs procedure are declared, when declaring these goods instead of GTD to customs authority the customs declaration in the form of any written application in duplicate containing data on the declared customs regime (re-export), the customs applicant, goods (the name, quantity in kilograms and in other units of measure which are usually applied to this type of goods) and date of creation of the customs declaration can move. The specified statement can also contain data on the location of goods (the name of the check point through Frontier of the Russian Federation or the location of the customs control zone). Such customs declaration is adopted, and the declared goods are shown to customs authority in which region of activities there is check point through Frontier of the Russian Federation at which arrival of goods on customs area of the Russian Federation is drawn up.

1.2. If goods are imported with violation of the established import bans or non-compliance with the restrictions set in accordance with the legislation of the Russian Federation about state regulation of foreign trade activity, the customs declaration moves in customs authority and is accepted by customs authority in which region of activities actually there are goods.

1.3. Ensuring payment of import customs duties, taxes concerning the goods placed under customs regime of re-export is not provided in cases if:

a) the customs authority issues permission to internal customs transit of these goods for their export from customs area of the Russian Federation along with the room of these goods under customs regime of re-export;

b) to customs regime of re-export the goods specified in the paragraph the second subitem 1.1 are declared. to this order.

1.4. Decision making about permission to goods placement under customs regime of re-export is performed by entering into the customs declaration (in GTD - in the column "A" at number "1") resolutions "Re-export is allowed" by the chief of customs authority or person replacing it to the signature with indication of date, and also with putting down in the customs declaration of print of stamp "Release is resolved" according to established procedure.

1.5. After implementation of conditional release of the re-exported goods, the customs authority issues to the confidential representative of the customs applicant copy of the customs declaration (GTD - the fourth leaf (copy) for the purpose of its presentation to the customs authority which is in the check point through Frontier of the Russian Federation in case of departure of goods from customs area of the Russian Federation.

1.6. Departure from customs area of the Russian Federation of the goods placed under customs regime of re-export is performed with the permission of the customs authority which is in the check point through Frontier of the Russian Federation, by provision to it copy of the customs declaration confirming goods placement under customs regime of re-export (in case of declaration of goods using GTD the fourth sheet (copy) of GTD is submitted). At the same time the official of the customs authority which is in the check point through Frontier of the Russian Federation in case of departure of goods from the check point through Frontier of the Russian Federation, in the customs declaration (in GTD - on the fourth leaf (copy) in the column "D") puts down the mark "Export Is Resolved _____ 1, 2", the signature with indication of date of putting down of mark and print of personal number seal.

1.7. For return of paid amounts of customs duties, taxes concerning the exported goods specified in Article 242 of the Customs code of the Russian Federation, the payer in addition to the statement, can submit other necessary documents, including the customs declaration (GTD - the fourth leaf (copy) with the marks of the customs authority which is in the check point through frontier of the Russian Federation, confirming departure of goods from the check point through frontier of the Russian Federation.

2. (I. I. Skibinskaya) to provide to service of interaction with mass media (the press service of the State Customs Committee of Russia) publication of this order in official publications of the State Customs Committee of Russia, and also lighting in mass media after its state registration according to established procedure.

3. To the vice-chairman of the State Customs Committee of Russia V. V. Shpagin to exercise control of execution of this order.

This order becomes effective after 90 days from the date of its official publication.

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1. It is specified "completely" - if export of all goods placed under customs regime of re-export is resolved.

2. Numbers and goods quantities are specified - if commodity exportation partially is resolved. At the same time on each part of goods the specified mark is put down in addition.

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