ORDER OF THE FEDERAL CUSTOMS SERVICE OF THE RUSSIAN FEDERATION

of July 7, 2015 No. 1371

About modification of the Administrative regulations of the Federal Customs Service on provision of the state service in maintaining the register of customs carriers approved by the Order of FCS of Russia of September 30, 2011 No. 1992

For the purpose of reduction in compliance with Articles 54, 55, 57, 66 and 67 Federal Laws 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, Art. 1656, No. 26, Art. 3207, No. 27, Art. 3477, No. 30 (p. I), Art. 4084, No. 49 (p. I), Art. 6340, Art. 6348, No. 51, Art. 6681, Art. 6682; 2014, No. 11, Art. 1098, No. 19, Art. 2318, Art. 2319, Art. 2320, No. 23, Art. 2928, No. 48, Art. 6646; 2015, No. 1 (p. I), Art. 34, No. 14, the Art. 2010, the Art. 2013, the Art. 2022), the Federal Law of April 6, 2011 No. 63-FZ "About the digital signature" (The Russian Federation Code, 2011, No. 15, the Art. 2036, No. 27, Art. 3880; 2012, No. 29, Art. 3988; 2013, No. 14, Art. 1668, No. 27, Art. 3463, Art. 3477; 2014, No. 26 (p. I), Art. 3390) and the Decision of Board of the Eurasian economic commission of December 18, 2014 "About modification of form of the certificate on inclusion in the register of customs carriers" (the official site of the Eurasian economic commission of http://www.eurasiancommission.org/, on December 19, 2014) I order to No. 238:

1. Bring in the Administrative regulations of the Federal Customs Service on provision of the state service in maintaining the register of customs carriers approved by the order of FCS of Russia of September 30, 2011 No. 1992 (it is registered by the Ministry of Justice of the Russian Federation 09.11. 2011, registration No. 22242) (further - Administrative regulations), the following changes:

Item 8 to state 1) in the following edition:

"8. The term of consideration of the application about modification of the Register and documents to which changes are made or by which change of data is confirmed shall not exceed 15 (fifteen) working days from the date of, the receipt of the mentioned statement and documents, except for the case specified in Item 47.2 following behind day.";

In paragraph one of Item 15 of the word "certified notarially" shall be replaced with words 2) "notarized";

Item in paragraph one 15, the paragraph the fifth Item 17, the paragraph the second Item 28, Items 43 and 59 of the word "digital signature" shall be replaced with words 3) "digital signature" in the corresponding case;

Item 16 after the words "in writing" to add 4) with words "or with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)";

Paragraphs two and third Item 17 to state 5) in the following edition:

"in Item 7 of Administrative regulations in cases of non-compliance by the legal entity at least one of the conditions of inclusion in the Register listed in Item 23 of Administrative regulations, and (or) non-presentation of documents, stipulated in Item 13 Administrative regulations, except for documents which are at the disposal of the state bodies providing the state service and other state bodies participating in provision of the state service and which submissions by FCS of Russia have no right to demand from the Applicant, and also in case of discrepancy of data in the submitted documents with the data specified in the statement for inclusion in the Register;

in Item 8 of Administrative regulations if the documents confirming the declared data are not submitted, or data in the submitted documents disperse from the data specified in the statement for modification of the Register, or the legal entity does not comply the conditions established for inclusion in the Register.";

Paragraph one of Item 19 to state 6) in the following edition:

"19. The statement for inclusion in the Register in writing and the documents attached to it, and also the statement for modification of the Register in writing and documents to which changes are made or by which change of data is confirmed can be directed by mail or brought by the applicant to Reception FCS of Russia to the address specified in Item 3 of Administrative regulations. Documents acceptance in Reception FCS of Russia is performed by officials of Administration according to the schedule of dredging of correspondence.";

Item 19 to add 7) with the paragraph of the following content:

"In case of filing of application in electronic form registration of a statement is performed on "The single portal of the state and municipal services (functions)".";

To add the Section II after Item 19 with subsection of the following content:

"The maximum term of expectation in queue when giving request about provision of the state service and in case of receipt of result of provision of the state service.

20. In case of the decision of the applicant to deliver to the address specified in Item 3 of Administrative regulations, the statement for inclusion in the Register, for modification of the Register, or for its exception of the Register by person is used box for acceptance of correspondence in Reception FCS of Russia. Expectation term in queue at the same time is absent.

The result of provision of the state service in maintaining the Register is reflected in the Register which is kept by FCS of Russia in electronic form. Expectation term in queue in case of receipt of result of the state service is absent.";

Item 20 to consider 9) by Item 21;

Item 21 to consider 10) by Item 22 and to state it in the following edition:

"22. By provision of the state service in maintaining the Register the following ministerial procedures are performed:

- inclusion of the Russian legal entity in the Register and issue of the Certificate;

- modification of the Register, issue of the new Certificate;

- exception of the Russian legal entity of the Register;

- forming of the Register and publication of the data containing in the Register;

- forming and the direction of interdepartmental requests in the bodies participating in provision of the state service (including with use of single system of interdepartmental electronic interaction).";

Item 22 to consider 11) by Item 23 and to add with its subitems 7 - 9 following contents:

"7) the applicant is not the state company;

8) the applicant is not the organization or the state unitary enterprise which is under authority of the federal executive body authorized in the field of customs affairs;

9) the applicant is not the organization, participant (member) of which directly or indirectly is the organization or the state unitary enterprise which is under authority of the federal executive body authorized in the field of customs affairs.";

Item 23 to consider 12) by Item 24 and to state it in the following edition:

"24. FCS of Russia considers the application for inclusion in the Register in time specified in Item 7 of Administrative regulations and accepts one of the following decisions:

- about inclusion of the Russian legal entity in the Register and issue of the Certificate in case of observance of conditions, stipulated in Item 23 Administrative regulations;

- the provisional solution about observance of other conditions of inclusion in the Register, stipulated in Item 28 Administrative regulations if the applicant together with the statement for inclusion in the Register did not submit the documents confirming provision of FCS of Russia of ensuring payment of customs duties, taxes;

- about refusal in inclusion of the Russian legal entity in the Register on the bases given in Item 17 of Administrative regulations.";

Items 24 and 25 to consider 13) by Items 25 and 25.1;

26, of 28, of 30, of 61, the 66th words "Item 22 of Administrative regulations" shall be replaced with words 14) in Items "Item 23 of Administrative regulations" in the corresponding case;

Paragraph one of Item 27 to state 15) in the following edition:

"27. If the documents submitted by the legal entity together with the statement for inclusion in the Register do not meet the requirements of the legislation of the Russian Federation about procedure for their creation and issue, the data in them are specified illegibly or in them there are corrections, the authorized officer directs by mail within the term specified in Item 26 of Administrative regulations, the written request to the third parties and (or) state bodies about submission of the documents confirming the data specified by the applicant. Specified persons and state bodies shall within 10 (ten) calendar days from the date of, the receipt of request following behind day to submit required documents";

Item 36 to add 16) with the paragraph of the following content:

"In case of receipt from the Russian legal entity of the statement for inclusion in the register or statements for modification of the Register by means of use of the federal state information system "Single Portal of the State and Municipal Services (Functions)" Certificate to such person it is granted in electronic form, signed by the digital signature.";

Item 40 to state 17) in the following edition:

"40. FCS of Russia makes the decision on refusal in inclusion in the Register in time which is not exceeding the term specified in Item 7 of Administrative regulations, in cases of non-compliance with the conditions of inclusion of the Russian legal entity in the Register specified in Item 23 of Administrative regulations, and (or) non-presentation of the documents specified in Item 13 of Administrative regulations, except for documents which are at the disposal of the state bodies providing the state service and other state bodies participating in provision of the state service and which submission FCS of Russia has no right to demand from the Applicant, and also in case of discrepancy of data in the submitted documents with the data specified in the statement for inclusion in the Register.";

Item 46 to state 18) in the following edition:

"46. In case of change of data which contain in the statement for inclusion in the Register or in the documents attached to it and which are specified in the Register the Russian legal entity included in the Register within 5 (five) working days from the date of approach of the events which entailed change of the corresponding data or from the date of when such person knew of their approach, files in FCS of Russia the petition for modification of the Register constituted in any form.

The application for modification of the Register is submitted on paper or in the form of the electronic document signed by the strengthened qualified digital signature with use of the federal state information system "Single Portal of the State and Municipal Services (Functions)".

The statement for modification of the Register on paper is registered by assignment of the entering number in Administration of FCS of Russia no later than the day following behind day of obtaining and goes for execution in responsible structural division of FCS of Russia.

In case of receipt in responsible structural division of FCS of Russia of the statement for modification of the Register and documents to which changes are made or by which change of data is confirmed the chief of division or person replacing it makes the decision on their transfer on execution to the relevant department. The head of department or person replacing it designates the authorized officer responsible for consideration of the specified statement and documents.";

Paragraphs two and third Item 47 to state 19) in the following edition:

"-checks compliance of again specified data to the conditions established for inclusion in the Register;

- makes the decision on modification of the Register or on refusal in modification of the Register;";

Item 47 to add 20) with Items 47.1 and 47.2 of the following content:

"47.1. If the documents submitted by the applicant together with the statement for modification of the Register do not meet the requirements of the legislation of the Russian Federation about procedure for their creation and issue, the data in them are specified illegibly or in them there are corrections, FCS of Russia requests from the third parties, and also state bodies have documents confirming the data specified by the applicant.

47.2. In case, stipulated in Item 47.1 Administrative regulations, term of consideration of the application about modification of the Register increases by time necessary for FCS of Russia for sending an inquiry and representation by the third parties of the requested documents. At the same time aggregate term of consideration of the application about modification of the Register cannot exceed 30 calendar days from the date of receipt of such statement.";

21) in Item 55 of the word "the written application of the Russian legal entity about change of the data specified in the statement for inclusion in the Register" shall be replaced with words "statements of the Russian legal entity for modification of the Register";

Item 58 to state 22) in the following edition:

"58. FCS of Russia makes the decision on refusal in modification of the Register in time which is not exceeding the term specified in Item 8 of Administrative regulations if the documents confirming the declared data are not submitted or data in the submitted documents disperse from the data specified in the statement for modification of the Register, or the legal entity does not comply the conditions established for inclusion in the Register.";

The second the subitem 2 of Item 61 of the word of "such obligations" shall be replaced with words 23) in the paragraph "the obligations provided by subitem 1 of article 21 of the Customs Code of the Customs Union";

Shall be replaced with words 24) in the subitem 2 of Item 66 of the word of "1 (one) day from the date of the edition" "1 (one) working day from the date of following behind day of pronouncement of such decision";

25) according to the procedure of execution of the Certificate, given in appendix No. 2 to Administrative regulations to exclude the paragraph of the sixth;

26) in the flowchart of the sequence of actions in case of modification of the Register, the issue of the new certificate given in appendix No. 4 to Administrative regulations of the word "The Statement for Change of the Data Specified in the Statement for Inclusion in the Register" shall be replaced with words "The statement for modification of the Register" in the corresponding case.

2. 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.

 

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