Customs control. On the procedure for organizing temporary zones of customs control during customs clearance of goods and vehicles Temporary zone of customs control
State Customs Committee Russian Federation
North-West customs office Russian Federation
SAINT PETERSBURG CUSTOMS
About the procedure for organizing time zones customs control
at customs clearance goods and Vehicle
Document with changes made:
by order of the St. Petersburg customs of January 9, 2003 N 012.
____________________________________________________________________
In order to ensure the fulfillment of the requirements of the Customs Code of the Russian Federation, orders of the State Customs Committee of Russia dated July 13, 2000 N 594 "On approval of the Regulation on the procedure for creating and designating customs control zones", dated 05/08/2002 N 470 "On approval of the Regulation on customs inspection of goods and vehicles ", 03.23.2001 N 290" On approval of the Regulation on the temporary storage of goods and vehicles under customs control ", increasing the level of customs control during customs clearance of goods
I order:
1. Heads of customs posts:
1.1. When carrying out customs clearance and customs control of goods and vehicles, in cases where the delivery of goods to the temporary storage warehouse is impossible or difficult due to the specific characteristics of the goods (large-sized, bulk, bulk, etc.), is associated with significant unproductive costs, may cause damage to the goods or the loss of part of it consumer properties before the end of customs clearance, as well as in cases where it is not possible to ensure the safety of goods during their transit to the temporary storage warehouse, make a decision on the creation of temporary customs control zones on the basis of an application from a person moving goods (including a customs broker), or a person, in the jurisdiction, use or disposal of which the proposed location of the VZTK is located, in the form approved by Appendix 1 to this order, in the form of imposing the appropriate resolution on such a statement.
1.2. Organize the maintenance of journals of accounting of temporary zones of customs control in paper and in electronic format using the KASTO system "AIST RT-21" in accordance with Appendix 2 to this order;
(Clause as amended).
1.3. To keep records of goods and vehicles temporarily stored at the VZTK, together with the person who owns, uses or disposes of the territories or premises in which the goods are stored, and who is entrusted with the obligation to designate and comply with the regime of the customs control zone. When moving goods by rail keep records together with FSUE "Oktyabrskaya Railway"or by a person authorized by him.
(Clause as amended by the order of the St. Petersburg customs of January 9, 2003 N 012).
1.4. When carrying out customs clearance in temporary zones of customs control, in column "C" of the customs declaration, indicate the serial number from the book of registration of temporary zones of customs control, the date of creation of such a zone in accordance with Appendix 3 and certify with a personal numbered seal.
1.5. Submit on a monthly basis a report to the deputy chiefs of customs in the direction of the number of created VZTK, revealed violations of the procedure for their creation, functioning in accordance with the procedure provided for by order of the State Customs Committee of Russia dated July 13, 2000 N 594.
2. This order does not apply to customs clearance of goods and vehicles, in respect of which the actual movement of goods and vehicles to places that are not temporary storage warehouses is required, and their transfer for temporary storage to a person applying for the creation of a VZTK.
3. The order of the St. Petersburg customs of 30.09.2002 N 544 shall be canceled from the moment this order was issued.
4. I reserve control over the execution of this order.
Head of St. Petersburg Customs
Colonel of the Customs Service
I. I. Mushket
Appendix 1 to the order. Application for the creation of a temporary customs control zone (TDZ)
Annex 1
to order
dated October 29, 2002 N 603
In the area of operation of the __________________________________ customs post |
Appendix 2 to the order
Appendix 2
to order
dated October 29, 2002 N 603
Identified violations, measures taken |
||||||||||||||||||||
VZTK registration number | In. N and date of the St. Petersburg customs | Date of creation of VZTK | Expiration date of VZTK | Location of VZTK | VZTK area | Sender Receiver | Vehicle numbers | N of the transport document | Serial number of goods | Name of product | Statistical value of goods | Number of seats | Gross weight | GTE number | Date of issue of GTE | Number of seats | Gross weight | |||
Appendix 3 to the order. The procedure for forming the VZTK number in gr. "C" GTE
Appendix 3
to order
dated October 29, 2002 N 603
10210XXX / DDMMYY / XXXX, where
the first subsection (10210XXX) is the code of the customs station;
the second subsection (DDMMYY) - the date of creation of the VZTK
the third subsection (XXXX) is a serial number from the VZTK accounting book.
Document revision taking into account
changes and additions
"CODE"
Customs control is carried out in the unified customs territory of the Customs Union, in the customs control zones of border checkpoints, internal customs and customs posts.
The single customs territory of the Customs Union comprises the territories of the Republic of Belarus, the Republic of Kazakhstan, the Republic of Armenia, the Republic of Kyrgyzstan and the Russian Federation (land, air, water space), as well as exclusive economic zones and continental shelves of the member states of the Customs Union, artificial islands, installations, structures and other facilities in respect of which the Member States customs union have exclusive jurisdiction.
The limits of the customs territory of the Customs Union, including the limits of states located in exclusive economic zones and on the continental shelves, are the customs border of the Customs Union.
Customs control zones
Customs control is carried out in the customs control zone. Zones of customs control are the places where goods are moved across the customs border, the territory of temporary storage warehouses, customs warehouses, duty-free shops and other places determined by the legislation of the Member States of the Customs Union.
Customs control zones can be permanent if goods subject to customs control are regularly found in them, or temporary, if they are created for customs inspection and (or) customs inspection of goods, cargo and other operations.
The decision to create a temporary zone of customs control is made by the head of the customs authority and is formalized by an order (decree) of the customs authority in the region of which the specified zone is located. The order (order) on the creation of a temporary zone of customs control must indicate the basis and purpose of creation, the date of creation and the period for which it is created, the means of designation used.
The limits of the customs control zone are indicated by rectangular signs, on a green background of which an inscription in Russian is made in white and English respectively - "Customs control zone" and "Customs control zone". These signs are the main means of marking the customs control zone.
It is allowed to replace an inscription in English with an inscription in any other language appropriate for use when creating a specific customs control zone. The boundaries of the temporary customs control zone can be indicated by a protective tape, as well as temporarily installed signs. In this case, the use of improvised materials and tools is allowed.
The decision to create a customs control zone is canceled in cases of a change in the location of the customs authority, the closure of a border crossing point, a change in the storage location of goods under customs control, a change in the place where customs operations are allowed, the termination of the grounds according to which the allocation and designation of a part customs territory for the purposes of customs control in the form of customs inspection and customs inspection of goods and vehicles, their storage and movement under customs supervision. Cancellation of the decision to create a customs control zone entails its liquidation and the adoption of measures to remove the means of its designation and inform interested parties about its liquidation.
Responsibility for violation of the customs control zone regime is provided for in Article 16.5. Administrative Code.
Moving goods and (or) vehicles or persons, including officials government agencies, excluding officials customs authorities, across the border of the customs control zone or within it, or the implementation of production or other economic activity without the permission of the customs authority, if such permission is required, -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from five hundred to one thousand rubles; on the legal entities- from five thousand to ten thousand rubles.
(Art. 97 of the Customs Code of the CU) customs control zones are created for the purposes of customs control in the form of customs inspection and customs inspection of goods and vehicles, their storage and movement under customs supervision.
Implementation of production and other commercial activities, the movement of goods, vehicles, persons, including officials of other state bodies, across the borders of the customs control zones and within them are allowed with the permission of the customs authorities and under their supervision, with the exception of cases established by this Code and other federal laws... In these cases, access to the customs control zones is permitted with prior notification of the customs authorities.
Customs control zones can be created along the customs border, at places of customs clearance, customs operations, at places of transshipment of goods, their inspection and examination, at places of temporary storage, parking of vehicles transporting goods under customs control, and in other places. determined in accordance with the TC CU.
Zones of customs control can be permanent in cases where goods subject to customs control are regularly located, or temporary. So, according to paragraph 2 of Art. 175 of the Customs Code of the CU, at a reasoned request of the declarant or customs representative, individual customs operations related to the placement of goods under the customs procedure can be performed outside the location and outside the working hours of the customs authorities.
The procedure for the creation and designation of customs control zones, as well as the requirements for them are established federal body executive power authorized in the field of customs, with the exception of the creation of customs control zones along the customs border. Along the customs border, customs control zones are created in the manner determined by the Government of the Russian Federation. This procedure is determined by the RF Government Decree of October 14, 2003 No. 624 "On the Procedure for Establishing Customs Control Zones Along the Customs Border" ("Effective" insofar as it does not contradict the legislation of the Russian Federation on customs).
By general rule on the land section of the customs territory of the Russian Federation, a customs control zone can be created within a strip of terrain up to 30 kilometers wide from the customs border into the interior of the Russian Federation; on river and lake sections, a customs control zone can be created within the Russian part of the waters of border rivers, lakes and other water bodies, as well as strips of terrain up to 15 kilometers wide from the coastline deep into the territory of the Russian Federation, and in sea areas, a customs control zone can be created within the territorial sea of the Russian Federation, with the exception of sea areas around artificial islands, installations and structures over which the Russian Federation exercises jurisdiction in accordance with the legislation of the Russian Federation. The customs control zone in such areas is created within the territory of the said artificial islands, installations and structures.
The procedure for the creation and designation of customs control zones in other cases is established by order of the State Customs Committee of Russia dated December 23, 2003 No. 1520 (as amended on 03/09/2010) "On approval of the Regulations on the procedure for the creation and designation of customs control zones." ("Acts" insofar as it does not contradict the legislation of the Russian Federation on customs)
In other cases, the decision to create a permanent customs control zone is made by the head of customs (a person substituting for him), in the region of activity of which there are places and territories where permanent customs control zones are created on the basis of a report by a customs official on the need to create a temporary customs control zone with indicating in it the reasons and purpose of creation, the period for which it is necessary to create it. The decision to create a permanent customs control zone is formalized by an order of the customs, in the region of which the created permanent customs control zone is located.
The customs control zones can be not only permanent, but also temporary. A temporary customs control zone can be created at the motivated request of an interested person, drawn up in an arbitrary writing... The decision to create a temporary zone of customs control is made by the head of the customs authority (a person who replaces him).
The decision to create a temporary zone of customs control is formalized by an order (decree) of the customs authority in the region of activity of which the specified zone is located.
A copy of the order (instruction) on the creation of a temporary zone of customs control on the day of its signing is sent to the person concerned.
The decision to create a customs control zone may be canceled in cases of a change in the location of the customs authority, the closure of a checkpoint across the state border of the Russian Federation, a change in the storage location of goods under customs control, a change in the place where customs operations are allowed, the termination of the grounds according to which allocation and designation of a part of the customs territory of the Russian Federation in order to conduct customs control in the form of customs inspection and customs inspection of goods and vehicles, their storage and movement under customs supervision.
Cancellation of the decision to create a customs control zone entails its liquidation. Interested parties shall be notified of the liquidation of the customs control zone.
Permanent customs control zones, which are premises and (or) open areas intended for use as temporary storage warehouses, the territory adjacent to them and specially equipped for parking vehicles transporting goods under customs control, customs warehouses, duty-free shops, are liquidated in the event that the relevant legal entities are excluded from the Register of owners of temporary warehouses. storage, the Register of owners of customs warehouses in accordance with the established procedure, as well as the closure of a duty-free shop.
The decision to liquidate the permanent customs control zone is drawn up in the form of a customs order, with the exception of cases of liquidation of the permanent customs control zone created along the customs border of the Russian Federation.
The temporary customs control zone is liquidated upon completion of the measures that served as the basis for its creation, or upon the expiration of its validity period specified in the order (order) of the customs authority on the creation of a temporary customs control zone.
The procedure for designating customs control zones.
The limits of the customs control zone are indicated by rectangular signs, on a green background of which the inscription in Russian and English is made in white, respectively: "Customs control zone" and "Customs control zone". These signs are the main means of marking the customs control zone. The customs control zone can be designated by applying the inscription "Customs control zone" directly on the protective structures and walls of the premises that make up its perimeter.
It is allowed to replace an inscription in English with an inscription in any other language appropriate for use when creating a specific customs control zone.
The designation of the customs control zone is carried out according to its limits at the points of intersection with transport routes, at the points of crossing the customs border by persons, goods and vehicles. When designating the customs control zone, boards with information about its specific limits, about the established places of crossing its border, about the list of persons who have access to it, about the means of its designation and about other circumstances related to its functioning can be additionally used.
The designation of a permanent customs control zone is made after a decision has been made to create it, as well as in cases when, in accordance with the Code, the locations of goods and vehicles are customs control zones.
The boundaries of the temporary customs control zone can be indicated by a protective tape, as well as temporarily installed signs. In this case, the use of improvised materials and tools is allowed. The designation of a temporary customs control zone is made only after a decision has been made to create it.
Customs control zones
Customs control zones are places where goods are transported across the customs border, warehouses, duty-free shops and other places that are determined by law.
The customs control zones can be permanent if they are constantly in the same place and temporary, if they are moved.
The procedure for establishing customs control zones is controlled by the state.
Customs control zones can be established on a permanent or temporary basis and, depending on this, be permanent or temporary.
A customs control zone is considered permanent when goods subject to customs control are regularly located on its territory. Temporary customs control zones are created at the time of customs control, cargo and other operations.
Transportation of goods, vehicles, persons, including officials of other state bodies, across the borders of the customs control zones and within them is allowed with the permission of the customs authorities and under their supervision. The Federal Customs Service, on the basis of a submission from the customs authority, whose region of activity includes the corresponding section of the territory of the Russian Federation, determines the sections of the State Border along which it is necessary to create customs control zones, and decides on the creation of such zones.
The boundaries of the customs control zone are indicated by rectangular signs, on a green background of which the inscription in Russian and English "Customs control zone" is made in white. According to the legislation of the Russian Federation, a temporary control zone can be created by the decision of the head of the customs post. This decision is formalized by an order of the head of the customs post indicating the purpose of creating a temporary customs control zone, the location of the temporary customs control zone, validity period, border and places of its crossing by persons, goods and vehicles, as well as the means of designation used. The border of the temporary customs control zone can be marked with a protective tape, as well as temporarily installed certain signs. The limits of the customs control zone are indicated by rectangular signs, on a green background of which the inscription in Russian and English is made in white, respectively: "Customs control zone" and "Customs control zone". These signs are the main means of marking the customs control zone. The customs control zone can be designated by applying the inscription "Customs control zone"
Forms of customs control
Forms of customs control are categories of verification actions of customs authorities aimed at the implementation of customs control.
There are various separate forms of customs control.
Verification of documents and information is a form of customs control, in which a customs official checks the correctness of the information, the originality of the documents and the correctness of filling out these documents. Chapter 16 of the Customs Code is devoted to the forms and procedures for conducting customs control. In particular, Art. 110 defines the following forms of customs control:
Verification of documents and information.
In this form of customs control, there are three purposes of verification: establishing the originality of the documents being checked by a customs official, checking the veracity of the information in these documents and establishing the correctness
Oral survey.
In an oral survey, persons transporting goods are asked questions about the course of customs clearance of goods
Getting explanations.
This is the collection of information about the circumstances that are important for customs control. In this case, people are interviewed who are involved in the movement of goods across the border and have the necessary data. Inspectors address not only declarants, but other persons as well. Obtaining explanations is similar in content to oral questioning. The main difference is the written execution of explanations in the form approved by the federal executive body authorized in the field of customs. In addition, the provisions of the Customs Code of the CU do not establish restrictions on the use of this form of customs control at the stage of customs clearance or verification after the release of goods and vehicles.
Customs supervision is an open, purposeful, systematic or one-time, possibly with the use of technical means, observation of the transportation of goods under customs control, the performance of other operations with them. The purpose of separating customs supervision is to strengthen control over compliance with the customs legislation of the Russian Federation in relation to goods under customs control, including at the stage of their transportation, storage, carrying out cargo and other operations with them. Customs supervision is carried out on an open basis, which is one of the main characteristics of this form of customs control. In addition, customs surveillance is carried out on a purposeful basis, in accordance with the decision taken by an authorized official of the customs authority. By type, customs supervision can be systematic or one-time, direct (carried out personally by an official of the customs authority) and mediated (carried out using technical means
Customs inspection of goods and vehicles.
External examination of goods by customs, luggage of individuals, vehicles, cargo tanks, customs seals, seals and other means of identifying goods.
Customs inspection.
Inspection of goods and vehicles associated with removing seals, seals and other means of identifying goods, opening packaging.
Personal inspection.
Contains all the necessary guarantees for the observance of human and civil rights, enshrined in the Constitution of the Russian Federation, including the right to protect the dignity of the individual by the state. Personal search can be carried out in respect of individuals only if certain circumstances coincide at the same time, and individual goes through the State border of the Russian Federation, the specified person is in the customs control zone or the transit zone of an airport open for international traffic, there are reasons to suspect that this person is hiding and voluntarily does not give out goods that are prohibited, respectively, for import into the customs territory of the Russian Federation and export from this territory or moved out of order.
Only if the above circumstances coincide, the head of the customs authority or a person substituting for him can make a decision to conduct a personal search of such a person. This establishes mandatory requirement on the written form of such a decision.
Checking the labeling, the presence of identification marks on the goods is a check for the presence on the goods or their packaging of special marks, identification marks or other means of marking goods used to confirm the legality of their import into Russia.
Inspection of premises and territory. Inspection of premises and territories to confirm the presence of goods and vehicles under customs control, including conditionally released ones. Inspection is carried out at temporary storage warehouses, customs warehouses, in the premises of a duty-free shop, as well as at persons who must have goods in accordance with the terms of customs procedures or customs regimes. Inspection of premises and territories is carried out to confirm the availability of goods and vehicles under customs control, including conditionally released ones, in temporary storage warehouses, customs warehouses, in the premises of a duty-free shop, as well as in persons who must have goods in accordance with with the conditions of customs procedures or customs regimes provided for by the Customs Code of the CU.
There are two grounds for inspecting the premises and territories, namely the presence of information about the loss of goods and (or) vehicles, their alienation or about their disposal in a different way or about their use in violation of the requirements and conditions established by the Customs Code of the Customs Union; spot checks.
Accounting for goods under customs control.
Checking the system of accounting for goods and reporting is carried out in relation to persons carrying out activities in the field of customs, using special simplifications, as well as using and (or) owning foreign goods
Customs checks.
They are carried out by the customs authority of a state - a member of the customs union, created and registered in accordance with the laws of this state - a member of the customs union.
So, customs audits are carried out for the following categories of persons:
Declarants;
Persons carrying out activities in the field of customs;
Wholesalers and retail trade imported goods;
Participants in foreign economic activity.
Art. 122 of the Customs Code of the CU establishes that during customs inspection, the customs authorities check:
The fact of placing goods under the customs procedure;
The reliability of the information stated in customs declaration and other documents submitted during the customs declaration of goods that influenced the decision to release goods;
Compliance with restrictions on the use and disposal of conditionally released goods;
Compliance with the requirements established by the customs legislation of the customs union and the legislation of the Member States of the customs union to persons carrying out activities in the field of customs;
Compliance of persons, including those carrying out activities in the field of customs, with the established criteria necessary for assigning the status of an authorized economic operator;
Other directions determined by the customs legislation of the customs union and the legislation of the member states of the customs union.
Thus, the comprehensive implementation of the forms used by customs authorities in order to verify compliance by persons with the requirements of the customs legislation of the Russian Federation, other legislation of the Russian Federation and international treaties of the Russian Federation, control over the implementation of which is entrusted to the customs authorities of the Russian Federation, will make it possible to form modern system ensuring the interests of the state in the field of customs, effectively countering threats to the security of the Russian Federation, solving social and economic problems, creating favorable conditions for the activities of trade communities, individuals and legal entities.
Customs control zone - this is a specially designated and designated part of the customs territory of the Russian Federation, created for the purpose of exercising customs control and ensuring compliance with the customs legislation of the Russian Federation.
Customs control zones can be created along the customs border of the Russian Federation, at places of customs clearance, the location of customs authorities and other places determined by regulatory legal acts State Customs Committee of Russia. Mandatory customs control zones are created at checkpoints across the State Border of the Russian Federation and at the places where goods and vehicles cross the customs border of the Russian Federation.
When creating free customs zones, when the customs authorities issue licenses for the establishment of temporary storage warehouses, customs warehouses, free warehouses and duty-free shops, the territories of free customs zones, the territory and premises of these warehouses and duty-free shops acquire the status of customs control zones.
Zones of customs control can be created on a permanent or temporary basis and, depending on this, be permanent or temporary. Permanent customs control zones are created at places of customs clearance, places where goods and vehicles cross the customs border of the Russian Federation, at checkpoints across the State border of the Russian Federation, places where customs authorities are located, as well as along the customs border of the Russian Federation. The territories and premises of temporary storage warehouses, customs warehouses, duty-free shops, free warehouses and free customs zones are also permanent customs control zones.
Temporary customs control zones are created on territories, premises, on vehicles (including sea and aircraft, railway trains), where there are or may be goods and vehicles subject to customs control, if during such control it is required to define a customs control zone, based on the need to ensure the safety of such goods and vehicles, as well as the unimpeded performance of their functions by the customs authorities.
The limits of the permanent customs control zone are indicated by rectangular signs, on a green background of which there is a white inscription in Russian and English "Customs control zone". The limits of the temporary customs control zone may be indicated by a protective tape, temporarily installed signboards, scoreboards, and other information signs. In this case, the use of improvised materials and tools is allowed. Verbal notification is also possible.
The implementation of industrial and other commercial activities, the movement of goods, vehicles, persons, including officials of other state bodies, across the borders of customs control zones and within their limits is allowed only with the permission of the customs authorities of the Russian Federation and under their control, with the exception of a number of those stipulated by law cases. Access to the customs control zones is permitted upon prior notification of the customs authorities of the Russian Federation.
Violation of the customs control zone regime is a violation customs regulations and entails administrative responsibility under Art. 16.5 of the Administrative Code of the Russian Federation.
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