Chapter 3. CUSTOMS-RELATED ACTIVITIES
Article 18. Customs-Related Activities
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.
Article 19. Registers of Juridical Persons Performing Customs-Related Activities
1. The registers of juridical persons performing customs-related activities shall be complied by the Federal Customs Authority.
2. The Federal Customs Authority shall be obliged to ensure regular, at least quarterly, publications in its official releases of the registers of juridical persons performing customs-related activities.
Article 20. Entering Juridical Persons in Registers of Juridical Persons Performing Customs-Related Activities
1. The entry of juridical persons shall be made into the registers of juridical persons performing their customs-related activities in accordance with the terms and conditions set forth by this Customs Code. Such entries shall be made in respective registers free of charge.
2. A juridical person wishing to be recorded in one of the registers of juridical persons performing customs-related activities shall be obliged to submit a written application to the Federal Customs Authority supplemented with relevant information stipulated by this Customs Code and the documents substantiating the details stated in said application in accordance with the list determined by this Customs Code.
3. The documents stipulated by Item 2 herein may be submitted in the original or as notarised copies thereof.
After the applicants documents have been considered the customs authorities shall be obliged to return to the applicant, upon the applicant’s request, the originals of the submitted documents.
4. The customs authorities shall consider the application within not more than fifteen days from the date of its receipt, make a decision with regard to entering the applicant into the respective register, and inform the applicant about their decision without delay. The applicant shall be authorised to perform relevant customs-related activities from the date of issue of said decision. A decision with regard to entry of an applicant into the respective register is formalised by a certificate issued to the applicant.
The customs authorities may resolve to decline the applicant’s application for entry into one of the registers if the applicant has failed to comply with the terms of entry into said register stipulated by this Customs Code. A written resolution to deny entry into the respective register shall be forwarded to the applicant without delay.
5. The customs authorities considering the applications have the right to request that third parties, including the state bodies, present the documents substantiating the details submitted by the applicant. Those persons shall be obliged to submit requested documents within ten days from the date of their receipt of said request.
Article 21. Certificate on Entry of Juridical Person into one of Registers of Juridical Persons Performing Customs-Related Activities
1. A certificate formalising the entry [inclusion] of a juridical persons in one of the registers of juridical persons performing customs-related activities (hereinafter, the Certificate) shall be issued to an applicant based on the form approved by the Federal Customs Authority. This Certificate shall contain the details stipulated by the specific articles of this Customs Code. This Certificate shall not be transferable to any other person.
2. The juridical person (or its successor) included in one of the registers of juridical persons performing customs-related activities shall be obliged to inform the customs authorities in writing of any changes in the information provided by him as per Item 2 of Article 20 of this Customs Code, or in the reference documents attached to it within five days from the date of occurrence of said events or from the date it was notified of their occurrence.
The customs authorities shall be obliged to verify the compliance of newly submitted information with the terms and conditions stipulating said person’s entry into the conformable register; in case some of the details that are to be specified in the Certificate have changed, the customs authorities shall consider issuance of a new Certificate to said juridical person in accordance with the procedure set forth in Item 4 of Article 20 of this Customs Code.
3. The customs authorities may revoke said Certificate only in the instances stipulated by Articles 98, 113, 145 and 231 of this Customs Code.
The customs authorities shall notify the juridical person in writing of their decision to revoke the Certificate with a motivated substantiation of their decision not later than on the day following the date when that decision was made. This decision shall be handed to the director or any other authorised representative of said juridical person against his (or her) formal receipt, or by any other method acknowledging the fact and the date of receipt of that notification. In the event the above persons opt to avoid the receipt of said notification, it shall be dispatched to the juridical person concerned by registered post.
A decision to revoke the Certificate shall go into effect upon the expiration of a 15-day period following the passage of that decision.
The form of the decision to revoke the Certificate is approved by the Federal Customs Authority.
4. Withdrawal of the Certificate necessitates exclusion of the juridical person concerned involved in customs-related activities from the conformable register.
5. An application of the excluded juridical person involved in customs-related activities with a request for its reinstatement in the conformable register following its Certificate withdrawal may only be submitted to the customs authorities after the juridical person concerned has rectified the reasons for the Certificate withdrawal. If the Certificate has been revoked due to multiple administrative charges, the juridical person may submit a request for reinstatement of the Certificate upon expiry of the term of administrative penalty.
Article 22. Removal of Juridical Person from Registers of Juridical Persons Performing Customs-Related Activities
1. A juridical person shall be subject to removal from the registers of juridical persons performing customs-related activities in the following instances:
(1) upon express wish of said person, from the day following the date of receipt by the customs authorities of a written request from said person to be excluded from the respective register;
(2) upon expiry of the term of effect of the Certificate as set forth by Item 2 of Article 96, Item 3 of Article 111, Item 3 of Article 229 of this Customs Code, from the day following the date of expiry of said term;
(3) upon a decision made regarding withdrawal of a Certificate, from the date when said decision goes into effect;
(4) upon liquidation of said juridical person, from the day following the date of entry in the General State Register made to the effect that said juridical person is undergoing liquidation under the Law of the Russian Federation on the State Registration of Juridical Persons;
(5) upon termination of operations by said juridical person as a result of its reorganisation, except the instance of its reform, from the day following the date when the reform of the juridical person concerned is approved as completed in accordance with Russian legislation on the state registration of juridical persons.
2. Removal of a juridical person from the registers of juridical persons performing customs-related activities shall not relieve that person (or its legal successor) from the obligation to complete all pending customs operations involving haulage or storage of cargoes under customs control or fulfil its other commitments made prior to the exclusion of the juridical person concerned from respective register in accordance with the procedures set forth by this Customs Code.
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