Chapter 2. THE BASIC PRINCIPLES REGULATING CONVEYANCE OF MERCHANDISE AND MEANS OF TRANSPORT ACROSS THE CUSTOMS BORDER
Article 12. Conveyance of Merchandise (including currencies and hard currency securities) and Means of Transport across the Customs Border
1. All persons have equal right to convey merchandise and means of transport across the customs border in accordance with the procedures established by this Customs Code, except the cases stipulated by this Customs Code, other federal laws, and the international treaties to which the Russian Federation is party.
2. Merchandise and means of transport are conveyed across the customs border in accordance with the procedures stipulated by this Customs Code.
The procedures regulating conveyance across the customs border of Russian currency, the securities nominated in the currency of the Russian Federation, foreign currencies and other currency values shall be regulated by the Law of the Russian Federation on Currency Control and this Customs Code.
Article 13. Observance of Prohibitions and Restrictions during Conveyance of Merchandise across Customs Border
1. Merchandise prohibited for importation to the customs territory of the Russian Federation shall be subject to its immediate withdrawal from the customs territory of the Russian Federation unless this Customs Code or other federal laws contain other provisions thereto. The withdrawal of such merchandise shall be performed by its carrier. If withdrawal of said merchandise is impossible or its immediate exportation has not been fulfilled, such merchandise shall be placed in a temporary-storage warehouse or in another place which enjoys the status of a customs control zone (Article 362) at the expense of the persons specified in Article 16 of this Customs Code. The maximum duration of storage of such merchandise shall be restricted to three days unless federal legislation stipulates other terms of storage for individual categories of goods. At the expiration of the established term of storage, said merchandise shall be disposed of in accordance with provisions of Chapter 41 of this Customs Code.
Merchandise subject to import restrictions to the customs territory of the Russian Federation may be permitted for importation (such merchandise may be cleared by customs authorities in the instances stipulated by this Customs Code) provided said merchandise complies with the provisions set forth by the international treaties to which the Russian Federation is party or the Russian legislation.
2. Merchandise whose export is prohibited shall not be permitted to de facto exit the perimeter of the customs territory of the Russian Federation.
Merchandise subject to export restrictions from the customs territory of the Russian Federation may be permitted for exportation by customs authorities provided said merchandise complies with the provisions set forth by the international treaties to which the Russian Federation is party or Russian legislation.
3. The expenses incurred by the persons specified in Article 16 of this Customs Code, the declarant, the carrier or any other person due to the imposition by the customs authorities of the prohibitions or restrictions on the importation to or exportation from the customs territory of the Russian Federation of said merchandise should not be reimbursed.
Article 14: Customs Registration and Customs Control
1. All goods and means of transport conveyed across the customs border shall be subject to customs registration and customs control in accordance with the terms and conditions stipulated by this Customs Code.
2. In performing customs registration and exercising customs control, customs offices and their officers have no right to introduce any requirements or impose restrictions that are not stipulated by the statutes of the customs legislation or other legal acts of the Russian Federation.
3. The requirements of customs authorities applied in the course of customs control or customs registration formalities should not obstruct conveyance of goods and means of transport across the customs border or performance of other customs formalities to the extent exceeding the minimal requirement essential for ensuring the observance of the statutes of the customs legislation.
Article 15. Use and Disposal of Merchandise and Means of Transport
1. Merchandise and means of transport may not be used or disposed of by any person until they have been cleared by the customs authorities in accordance with the established procedures and on the terms and conditions stipulated by this Customs Code.
2. Upon customs clearance of the merchandise and means of transport, they may be used and/or disposed of in compliance with the terms and conditions of the declared customs procedures.
Article 16. Obligations Pertaining to Customs Clearance Procedures
The obligations pertaining to customs clearance procedures, unless this Customs Code contains other provisions thereto, shall be borne:
(1) by a Russian person, who has effected a foreign economic transaction or in whose name or upon whose instructions said transaction has been carried out provided the conveyance of merchandise across the customs border is performed in accordance with the terms and conditions of the external economic transaction made by a Russian person;
(2) if conveyance of merchandise across the customs border is not stipulated by an external economic transaction made by a Russian person:
by the person who possesses the ownership rights and/or the right to use given merchandise in the customs territory of the Russian Federation;
by other persons who in accordance with Civil Code of the Russian Federation and/or this Customs Code have sufficient powers for performing legally significant transactions in their own name with the merchandise placed under customs control.
Article 17. Guarantees of Proper Fulfilment of Provisions of this Customs Code
In those instances stipulated by this Customs Code and other legal acts of the Russian Federation the customs authorities have the right to demand that persons provide guarantees of proper fulfilment of their duties and obligations set forth by this Customs Code with regard to the goods in customs custody, including the persons’ guarantees for making all the requisite dutiable payments predicated on the requirements stipulated by Chapter 31 of this Customs Code.
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