PROVISION OF CENTRAL BANK OF THE RUSSIAN FEDERATION

of May 27, 2016 No. 545-P

About procedure for transfer by banks, other credit institutions to customs authorities, and also customs authorities in banks, other credit institutions of the electronic documents signed by the strengthened qualified digital signature and information in electronic form in connection with issue of bank guarantees of payment of customs duties, taxes

Based on part 25 of article 141 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, Art. 7608; 2013, No. 14, Art. 1656; No. 26, Art. 3207; No. 27, Art. 3477; No. 30, Art. 4084; No. 49, 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, Art. 34; No. 10, Art. 1393; No. 14, Art. 2010, Art. 2013, Art. 2022; No. 17, Art. 2477; No. 29, Art. 4339, Art. 4388; 2016, No. 1, the Art. 83) (further - the Federal Law No. 311-FZ), the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" (The Russian Federation Code, 2002, No. 28, Art. 2790; 2003, No. 2, Art. 157; No. 52, Art. 5032; 2004, No. 27, Art. 2711; No. 31, Art. 3233; 2005, No. 25, Art. 2426; No. 30, Art. 3101; 2006, No. 19, Art. 2061; No. 25, Art. 2648; 2007, No. 1, Art. 9, Art. 10; No. 10, Art. 1151; No. 18, Art. 2117; 2008, No. 42, Art. 4696, Art. 4699; No. 44, Art. 4982; No. 52, Art. 6229, Art. 6231; 2009, No. 1, Art. 25; No. 29, Art. 3629; No. 48, Art. 5731; 2010, No. 45, Art. 5756; 2011, No. 7, Art. 907; No. 27, Art. 3873; No. 43, Art. 5973; No. 48, Art. 6728; 2012, No. 50, Art. 6954; No. 53, Art. 7591, Art. 7607; 2013, No. 11, Art. 1076; No. 14, Art. 1649; No. 19, Art. 2329; No. 27, Art. 3438, Art. 3476, Art. 3477; No. 30, Art. 4084; No. 49, Art. 6336; No. 51, Art. 6695, Art. 6699; No. 52, Art. 6975; 2014, No. 19, Art. 2311, Art. 2317; No. 27, Art. 3634; No. 30, Art. 4219; No. 40, Art. 5318; No. 45, Art. 6154; No. 52, Art. 7543; 2015, No. 1, Art. 4, Art. 37; No. 27, Art. 3958, Art. 4001; No. 29, Art. 4348, Art. 4357; No. 41, Art. 5639; No. 48, Art. 6699; 2016, No. 1, of the Art. 23, of the Art. 46, of the Art. 50) this Provision establishes procedure for transfer by bank, other credit institution (further - credit institution) in customs authorities of information in electronic form on the issued bank guarantees of payment of customs duties, taxes in writing on paper and bank guarantees of payment of customs duties, taxes in electronic form, signed by the strengthened qualified digital signature, and transfers by customs authorities to credit institution of the electronic documents signed by the strengthened qualified digital signature on refusal in adoption of the bank guarantee, about release of credit institution from obligations according to the bank guarantee in connection with refusal of customs authority of the rights according to the bank guarantee.

Chapter 1. General provisions

1.1. The credit institution sends information in electronic form on the issued bank guarantees of payment of customs duties, taxes in writing on paper and bank guarantees of payment of customs duties, taxes in electronic form, signed by the strengthened qualified digital signature, as a part of the archive file (further - the archive file of credit institution) to customs authorities through the territorial office of the Bank of Russia exercising supervision of activities of the credit institution which issued the bank guarantee (further - TU of the Bank of Russia), Department of information technologies (further - DIT of the Bank of Russia) and the Central information and technical customs authority FCS of Russia (further - TsITTU).

1.2. Customs authorities send the electronic documents signed by the strengthened qualified digital signature on refusal in adoption of the bank guarantee, about release of credit institution from obligations according to the bank guarantee in connection with refusal of customs authority of the rights according to the bank guarantee as a part of the archive file (further - the archive file of customs authority) to credit institution through TsITTU, DIT of the Bank of Russia and TU of the Bank of Russia.

1.3. Interaction of TsITTU, DIT of the Bank of Russia, TU of the Bank of Russia, credit institutions is performed by exchange of archive files of credit institution and archive files of customs authority or summary archive files containing such archive files (further - archive files), and also other related messages which are office. Exchange of the messages provided by this Provision between TsITTU, DIT of the Bank of Russia, TU of the Bank of Russia, credit institutions is performed according to the schedule of exchange of messages given in appendix to this Provision.

1.4. The direction of archive files is performed using the means of cryptographic information security accepted to use in the Bank of Russia. For protection of archive files against unauthorized access enciphering is used, for confirmation of authenticity and control of integrity of archive files authentication codes are used.

1.5. Conditions of interaction of TsITTU and DIT of the Bank of Russia are determined by bilateral regulations of interaction.

Conditions of interaction of TU of the Bank of Russia and credit institution are determined by the agreement (supplementary agreements to the agreement) signed (prisoners) the Bank of Russia (on behalf of TU of the Bank of Russia) and credit institution.

1.6. The direction of the messages provided by this Provision is performed by provision to the addressee of possibility of receipt of such messages.

In case of transmission of messages between TsITTU and TU of the Bank of Russia through DIT of the Bank of Russia the invariance of the transferred messages is provided.

Chapter 2. Procedure for transfer of the archive file of credit institution

2.1. The credit institution sends the archive file of credit institution created, ciphered with use of key of enciphering and supplied with authentication code to THAT the Bank of Russia.

2.2. TU of the Bank of Russia performs check of code of authentication and structure of the name of the archive file of credit institution and no later than one hour after completion of the period of time established by the schedule of exchange of messages during which TU of the Bank of Russia received the archive file of credit institution directs:

in case of negative result of check - in credit institution the message on refusal in acceptance of the archive file of credit institution with indication of cause of failure;

in case of positive result of check - in DIT of the Bank of Russia the archive file of credit institution, and in credit institution the message with indication of date and time of completion of verification of the archive file of credit institution.

In case of obtaining from TU of the Bank of Russia of the message on refusal in acceptance of the archive file of credit institution the credit institution takes measures for elimination of cause of failure (if necessary together with TU of the Bank of Russia).

2.3. DIT of the Bank of Russia sends the archive file of credit institution to TsITTU no later than one hour after completion of the period of time established by the schedule of exchange of messages during which DIT of the Bank of Russia received the archive file of credit institution from TU of the Bank of Russia.

2.4. TsITTU performs check of code of authentication of the archive file of credit institution, its deciphering and razarkhivirovaniye, and also verification of the digital signature, structure and structure of information in electronic form on the issued bank guarantees of payment of customs duties, taxes in writing on paper and bank guarantees of payment of customs duties, taxes in electronic form, signed by the strengthened qualified digital signature, and no later than one hour after completion of the period of time established by the schedule of exchange of messages during which TsITTU received the archive file of credit institution from DIT of the Bank of Russia sends the message on receipt of the archive file of credit institution in which are specified to DIT of the Bank of Russia:

it is unambiguous to identify the details of the archive file of credit institution allowing it;

date and time of completion of the check provided by this Item;

information on results of check.

DIT of the Bank of Russia no later than one hour after completion of the period of time established by the schedule of exchange of messages during which DIT of the Bank of Russia received the message on receipt of the archive file of credit institution from TsITTU sends it to THAT the Bank of Russia.

TU of the Bank of Russia no later than one hour after completion of the period of time established by the schedule of exchange of messages during which TU of the Bank of Russia was received from DIT of the Bank of Russia by the message TsITTU on receipt of the archive file of credit institution sends it to credit institution.

If the credit institution received the message TU of the Bank of Russia with indication of date and time of completion of verification of the archive file, but did not receive the message TsITTU on receipt of the archive file of credit institution, interaction of credit institution and customs authority is performed directly, without participation of the Bank of Russia.

Chapter 3. Procedure for transfer of the archive file of customs authority

3.1. TsITTU sends the archive file of customs authority created, ciphered with use of key of enciphering and supplied with authentication code to DIT of the Bank of Russia.

3.2. DIT of the Bank of Russia performs check of code of authentication and structure of the name of the archive file of customs authority and no later than one hour after completion of the period of time established by the schedule of exchange of messages during which DIT of the Bank of Russia received the archive file of customs authority directs:

in case of negative result of check - in TsITTU the message on refusal in acceptance of the archive file of customs authority with indication of cause of failure;

in case of positive result of check - in THAT the Bank of Russia the archive file of customs authority, and in TsITTU the message with indication of date and time of completion of verification of the archive file of customs authority.

In case of obtaining from DIT of the Bank of Russia of the message on refusal in acceptance of the archive file of customs authority of TsITTU takes measures for elimination of cause of failure (if necessary together with DIT of the Bank of Russia).

3.3. TU of the Bank of Russia performs check of code of authentication, structure of the name and possibility of the direction of the archive file of customs authority in credit institution and no later than one hour after completion of the period of time established by the schedule of exchange of messages during which TU of the Bank of Russia received the archive file of customs authority from DIT of the Bank of Russia directs:

in case of negative result of check - in DIT of the Bank of Russia the message on negative result of verification of the archive file of customs authority for the subsequent direction in TsITTU;

in case of positive result of check - the archive file of customs authority in credit institution, and in DIT of the Bank of Russia the message on completion of verification of the archive file of customs authority.

DIT of the Bank of Russia no later than one hour after completion of the period of time established by the schedule of exchange of messages during which DIT of the Bank of Russia received the message provided by this Item from TU of the Bank of Russia sends it to TsITTU then actions of the Bank of Russia in the direction in credit institution of the archive file of customs authority come to the end.

3.4. The credit institution will organize the activities so that no later than one hour after completion of the period of time provided by the schedule of exchange of messages during which the credit institution received the archive file of customs authority from TU of the Bank of Russia to complete check of code of authentication of the archive file of customs authority, its deciphering and razarkhivirovaniye, and also check of structure and structure of electronic documents on refusal in adoption of the bank guarantee, about release of credit institution from obligations according to the bank guarantee in connection with refusal of customs authority of the rights according to the bank guarantee and to send to THAT the Bank of Russia the message on receipt of the archive file of customs authority in which are specified:

details of the archive file of customs authority;

date and time of completion of the check provided by this Item;

information on results of check.

TU of the Bank of Russia no later than one hour after completion of the period of time established by the schedule of exchange of messages during which TU of the Bank of Russia was received from credit institution by the message on receipt of the archive file of customs authority sends it to DIT of the Bank of Russia.

DIT of the Bank of Russia no later than one hour after completion of the period of time established by the schedule of exchange of messages during which DIT of the Bank of Russia received the message on receipt of the archive file of customs authority from TU of the Bank of Russia sends it to TsITTU.

Chapter 4. Final provisions

4.1. This Provision is subject to official publication and according to the solution of the Board of directors of the Bank of Russia (the minutes of the Board of directors of the Bank of Russia of May 13, 2016) becomes effective since June 28, 2016.

It is approved Minister of Finance of the Russian Federation

A. G. Siluanov 26.05.2016

Appendix

to the Provision of the Bank of Russia of May 27, 2016 No. 545-P "About procedure for transfer by banks, other credit institutions to customs authorities, and also customs authorities in banks, other credit institutions of the electronic documents signed by the strengthened qualified digital signature and information in electronic form in connection with issue of bank guarantees of payment of customs duties, taxes"

Schedule of exchange of messages

1. Period of time of exchange of messages between DIT of the Bank of Russia and TsITTU - on the working days from 9 to 17 o'clock 00 minutes (on Friday - till 16 hours 00 minutes) Moscow time.

TsITTU performs receipt of messages from DIT of the Bank of Russia at least once in each of the next periods Moscow time: from 9 to 11 o'clock 00 minutes 00 seconds, from 11 to 13 o'clock 00 minutes 00 seconds, from 13 to 17 o'clock 00 minutes 00 seconds, on Friday - till 16 hours 00 minutes 00 seconds.

DIT of the Bank of Russia performs obtaining from TsITTU of messages at least once in each of the next periods Moscow time: from 9 to 11 o'clock 00 minutes 00 seconds, from 11 to 13 o'clock 00 minutes 00 seconds, from 13 to 17 o'clock 00 minutes 00 seconds, on Friday - till 16 hours 00 minutes 00 seconds.

2. Period of time of receipt of TU of the Bank of Russia of messages from credit institution and from DIT of the Bank of Russia - on the working days from 9 to 17 o'clock 00 minutes local time.

TU of the Bank of Russia performs receipt of messages at least once in each of the next periods local time: from 9 to 11 o'clock 00 minutes 00 seconds, from 11 to 13 o'clock 00 minutes 00 seconds, from 13 to 17 o'clock 00 minutes 00 seconds.

3. Period of time of receipt of DIT of the Bank of Russia from TU of the Bank of Russia of messages - on the working days from 9 to 17 o'clock 00 minutes Moscow time.

4. Period of time of obtaining by credit institution from TU of the Bank of Russia of messages of customs authority - on the working days from 9 to 16 o'clock 00 minutes local time.

The credit institution performs receipt of messages of customs authorities at least once in each of the next periods local time: from 9 to 11 o'clock 00 minutes 00 seconds, from 11 to 13 o'clock 00 minutes 00 seconds, from 13 to 16 o'clock 00 minutes 00 seconds.

5. The periods of time provided by this appendix are established for conditions of regular functioning of the systems providing exchange of messages.

In case of violation of regular functioning of the specified systems on any site delivery of messages is not performed (except as specified availability of alternative methods of exchange of messages, including with use of alternative communication channels).

Periods of time are reduced in proportion to the reducing duration of the working day established by the legislation of the Russian Federation.

 

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