Chapter 8. GENERAL PROVISIONS PERTAINING TO CUSTOMS REGISTRATION
Article 58. The Sphere of Application of this Chapter
The rules, provisions, and requirements contained in this Chapter shall apply to all customs operations performed with regard to goods and means of transport conveyed across the customs border.
Article 59. Customs Registration Procedures
1. The customs registration procedures shall be carried out in accordance with the provisions contained in this Customs Code, the other legal statutes of the Russian Federation adopted pursuant to this Customs Code, as well as the normative legal acts issued by the Federal Customs Authority.
2. The requirements laid by customs authorities in the process of customs registration ought to be properly substantiated and confined to the requirements set forth in by this Customs Code for ensuring the observance of the customs legislation of the Russian Federation.
3. The procedures and methods of customs registration shall be applied depending on the category of goods conveyed across the customs border, the kinds of transportation used for its conveyance (air, sea, river, rail, and other transport), and the category of persons responsible for the conveyance of goods and means of transport.
4. The customs procedures shall be applied regardless of the goods’ country of origin, the country of departure or the country of destination.
Article 60. Commencement and Completion of Customs Registration Formalities
1. The customs registration shall commence:
- during importation of goods: at the instance when a person submits to customs authorities a preliminary customs declaration or other documents specified in Article 72 of this Customs Code (depending on the sequence of said actions), or at the instance when a person makes a verbal statement or performs other actions indicative of his (or her) intention to fulfil the customs registration formalities, as in the cases stipulated by this Customs Code.
- during exportation of goods: at the instance when a person submits a customs declaration, or at the instance when a person makes a verbal statement or performs other actions indicative of his (or her) intention to fulfil the customs registration formalities, as in the cases stipulated by this Customs Code.
2. The customs registration formalities shall be completed upon the fulfilment of all customs operations stipulated by this Customs Code, which are required for subjecting goods to customs procedures, for placing goods under the customs procedural status, or for terminating of the effect of such status, as well as for calculating and levying Customs duties.
Article 61. Permission for Customs Operations by the Customs Authorities
1. In case this Customs Code stipulates that specific customs operations require a permission issued by the customs authorities, such permission shall be issued without delay as soon as an authorised customs officer has made sure that the preconditions set forth by this Customs Code for the issuance of such a permission have been fulfilled, but not later than the time limit prescribed for the customs declaration control, verification of other documents and goods control (Item 1 or Article 359).
In case verification of fulfilment of the preconditions required for the issuance by the customs authorities of a permission to perform customs operations can only be completed after the issuance of said permission without causing any obstructions to the customs control procedures and/or if violations of the customs legislation of the Russian Federation revealed in the process of subsequent non-observance of such conditions may be eliminated, permission for the performance of such customs operations is issued before such verification.
2. This Customs Code stipulates that the customs authorities issue a written permission for the performance of said customs operations whereas the issuance order of such permission and its form are established by the Federal Customs Authority.
In other situations, the customs authorities’ permission to perform customs operations will constitute a non-acceptance by the customs authorities of a resolution with regard to a denial of permission to perform customs operations or discharge by the customs authorities of respective actions in case this Customs Code specifies a time limit for the adoption of such a resolution or stipulates such actions.
Article 62. Time and Place of Customs Registration with Regard to Goods and Means of transport
1. The customs registration of goods shall be performed at the places of location of the customs authorities during their working hours.
2. Upon a motivated request by a declarant or another interested person, customs registration formalities may be completed outside the places of location of the customs authorities and beyond their working hours as per articles 406 and 407 of this Customs Code.
Article 63. Documents and Information Required for the Fulfilment of Customs Registration
1. At the instance of undergoing customs registration, the persons defined by this Customs Code shall be obliged to present to the customs authorities all the documents and data, which are required for fulfilling customs registration.
In the process of fulfilling customs registration formalities, the customs authorities may only request the documents and the information which are required for the observance of the customs legislation of the Russian Federation and presentation of which is stipulated by the provisions of this Customs Code.
2. The lists of documents and information, as well as demands to the information required for fulfilling specific customs registration formalities and subjecting merchandise to the appropriate customs procedural status are defined by the Federal Customs Authority in accordance with this Customs Code. The Federal Customs Authority has the right to shorten the lists of documents and information which are required for the performance of customs registration with consideration of the categories of persons conveying goods and means of transport, the categories of goods, the purpose of goods, the requirements of customs procedural statuses, or proceeding from the kind of transportation used for conveying merchandise across the customs border. The time terms for the presentation of the documents and information required for the fulfilment of customs registration formalities are determined by the Federal Customs Authority unless this Customs Code stipulates different provisions thereto.
3. The lists of documents and information, which are required for fulfilling specific customs registration formalities, shall be liable for official publication. The normative legal acts and statutes issued by the Federal Customs Authority establishing the lists of documents required for the fulfilment of customs registration shall go into effect not earlier than within ninety days from the day of their official publication with the exception of the cases stipulated by the Sub-Items 2) and 3) of Item 3 of Article 5 of this Customs Code.
4. The forms of customs documents shall be determined by the Federal Customs Authority unless this Customs Code or other statutes of the Russian Federation contain other provisions thereto.
5. With a view to simplify and expedite the performance of customs registration the Federal Customs Authority shall conclude agreements with the customs authorities of other countries on mutual acceptance of documents used for customs clearance purposes.
6. Customs authorities shall not refuse to accept the documents required for the fulfilment of customs registration due to their minor inaccuracies which do not affect the value of payable customs duties, do not influence decision-making of the customs authorities with regard to the application of the prohibitions and restrictions stipulated by the Federal Law of the Russian Federation on the State Regulation of Foreign Trade Activities. In case the customs authorities refuse to accept such documents, they shall be obliged to notify the person who had presented them about the reasons for their refusal. Upon the person’s request, the customs authorities concerned shall provide said notification in writing.
7. The documents required for the fulfilment of customs registration may be either presented in the original or as their copies authenticated by the person submitting them, by the declarant, by the authorities who have issued those documents, or as their notarised copies. In the event of presentation of copies of said documents authenticated by the person submitting them or by the declarant the customs authorities, if necessary, may verify the compliance of the copies of said documents with their originals after which the originals are returned to the person who presented them.
8. The documents required for fulfilling customs registration formalities may be presented in their electronic versions in accordance with the provisions of this Customs Code.
Article 64. Presence of Interested Persons of their Representatives during Customs Registration
Upon a request by the customs authorities, the interested persons or their representatives may be obliged to attend the fulfilment of customs registration formalities.
Article 65. Language of Customs Registration
The customs registration formalities, including the filling in of forms required for customs control purposes, shall be carried out in the Russian language, except the cases stipulated by this Customs Code. The Federal Customs Authority has the powers to specify other cases when customs authorities may accept and apply for customs purposess the documents and information in a foreign language in which said customs officers are adequately proficient.
Article 66. Customs Clearance and Control Measures Exercised by Other State Bodies
Customs clearance may only be completed after the goods have undergone sanitary quarantine, quarantine, phyto-sanitary, veterinary and other forms of the state control applied to the goods imported to or exported from the customs territory of the Russian Federation if the goods are liable for such control in accordance with federal law and the applicable statutes of the Russian Federation with consideration of the provision contained in Item 3 of Article 77 in this Customs Code.
At the instance of importation to or exportation from the customs territory of the Russian Federation any merchandise shipment intended for liquidating the consequences of natural calamities, accidents and disasters, as well as perishable products, live animals, radioactive materials, international mail and express cargo, information and other mass media materials, etc., customs control procedures shall be carried out in a simplified manner and in a priority order.
Article 68. Special Simplified Customs Control Procedures for Specific Persons
1. The Federal Customs Authority has established special simplified customs control procedures for the persons:
- who on the day of placing their request to customs authorities to award them simplified customs control procedures do not have any rulings pending for their administrative offences related to customs system, as stipulated by Articles 16.1, 16.2, 16.3, 16.9, 16.15, 16.17, 16.18, 16.20, 16.22 of the Code of the Russian Federation on Administrative Offences;
- who use the system of registering their commercial documents in accordance with the procedures established by the Federal Customs Authority and use the filing methods enabling customs authorities to compare the information contained in their files with the information presented to customs authorities in the process of subjecting their goods to customs control;
- who have been involved in external economic operations for at least three years.
2. The person who claims special simplified customs control procedures shall be obliged to submit to a customs office a written request to apply special simplified customs control procedures. This written request should also contain information about the applicant and his (or her) external economic activities. The applicant should also submit a written obligation to keep the system of registration of his/her commercial documents in accordance with the procedures established by the Federal Customs Authority and use the filing methods enabling the customs authorities to compare the information contained in his/her files with the information presented to the customs authorities in the process of customs control, as well as the applicant’s written agreement to ensure access of customs officers to said registration system.
3. Special simplified customs control procedures shall be accorded to the persons who are involved in importation of merchandise to the customs territory of the Russian Federation. Such simplified customs control procedures may include submission of periodic customs declarations (Article 136), release of merchandise upon presentation of the details required for identification of goods (Article 150), administration of customs clearance at the installations belonging to such persons, storage of goods in such persons’ warehouses, as well as other simplified procedures stipulated by this Customs Code.
4. Special simplified customs control procedures cannot contain any provisions relieving persons of the requirement to observe the terms and conditions set forth by this Customs Code and other statutes of the Russian Federation with regard to timeliness and completeness of disbursement of customs duties, observance of restrictions and prohibitions stipulated by the Federal Law of the Russian Federation on the State Regulation of Foreign Trade Activities, as well as observance of requisite customs procedures.
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