Chapter 9. ENTRY OF MERCHANDISE TO THE CUSTOMS TERRITORY OF THE RUSSIAN FEDERATION
Article 69. Timing and Place of Entry of Merchandise and Means of Transport to the Customs Territory of the Russian Federation
1. Entry of merchandise and means of transport to the customs territory of the Russian Federation is only permitted at the border gates at the State Border of the Russian Federation established in accordance with the applicable Russian regulations, during the working hours of the customs offices (Article 407). The merchandise and means of transport may also enter the customs territory of the Russian Federation in other places in compliance the Federal Law on the State Border of the Russian Federation.
The Government of the Russian Federation has the right to set up special customs border gates for conveyance of special categories of merchandise across the State Border of the Russian Federation.
2. Upon crossing the customs border, the carrier shall be obliged to deliver the merchandise and/or the means of transport imported by him (or her) to the customs border office or the other place specified in Item 1 herein (places of entry) and present them for inspection to the customs authorities. Any changes to the state of merchandise or damage of its packaging, as well as substitution, removal, destruction of damage of seals, stamps and other means of identification of goods are prohibited.
3. The customs authorities shall be obliged to use generally accessible forms for presenting information pertaining to the location of the customs border gates established at the State Border of the Russian Federation, information on the imposed restrictions and prohibitions, as well as information on the working hours of customs offices.
4. The provisions of this Article shall not apply to the merchandise carried aboard seagoing vessels, riverboats, and aircraft crossing the customs territory of the Russian Federation without making a stop at a seaport or air terminal situated in the customs territory of the Russian Federation.
Article 70. Measures Taken in Case of Accidents, Force Majeure, or other Circumstances
1. In the instance when transportation of merchandise from the customs border gate to the place of its destination has been interrupted, or a seagoing vessel (riverboat) or aircraft carrying the merchandise has been forced to make an emergency landing on the territory of the Russian Federation due to an accident, force majeure, or other circumstances obstructing further haulage of goods, arrival at or landing in the prescribed port, the carrier shall be obliged to take every measure for ensuring safety of such merchandise and means of transport while transporting them, notify the nearest customs office of the occurrence and of the goods location, deliver the merchandise or ensuring its delivery (if the carrier’s means of transport is damaged) to the nearest customs office or another place designated by the customs authorities.
2. The customs authorities shall not be liable for reimbursing any expenses incurred by the carriers or other persons due to their fulfilment of the requirements set forth herein.
Article 71. Preliminary Notification of Customs Authorities of the Entry of Merchandise and/or Means of Transport to the Customs Territory of the Russian Federation
The administration in charge of the customs border-gate facilities at the State Border of the Russian Federation (the chiefs of an air-, sea-, or railway terminals) shall be obliged to notify the customs authorities of the place and time of the expected arrival of means of transport at the border gate at the State Border of the Russian Federation in the order coordinated by the administration of said terminal and the customs office concerned in accordance with the Federal Law on the State Border of the Russian Federation.
Article 72. Submission of Documents and Information in instances of the Entry of Merchandise and Means of transport to the Customs Territory of the Russian Federation
1. Upon entry of goods and means of transport to the customs territory of the Russian Federation their carrier shall be obliged to submit to the customs authorities the documents and the information stipulated by Articles 73 through 76 of this Customs Code depending on the category of a means of transport effecting said international haulage.
The Federal Customs Authority has the right to shorten the lists of documents and information details specified in Articles 73 through 76 of this Customs Code.
The customs authorities have no right to demand that the carrier submit to them any other information.
In case the documents specified in Articles 73 through 76 of this Customs Code do not contain all the required information, the carrier shall be obliged to furnish the missing details by way of submitting other available documents or providing additional documents compiled by the carrier at his (or her) discretion.
2. The carrier has the right to submit to the customs authorities the documents and other information pertaining to merchandise and/or means of transport in anticipation of their actual entry to the customs territory of the Russian Federation.
3. The carrier has the right to submit the required documents (some of said documents) in their electronic versions as is stipulated by this Customs Code and in the order determined by the Federal Customs Authority.
4. In case the carrier present to customs authorities the documents in a foreign language, the customs authorities, in case of need, have the right to demand that the information details stipulated by Articles 73 through 76 of this Customs Code be translated into Russian.
5. The documents and information may be submitted to the customs authorities by any person authorised to act on behalf of the carrier.
Article 73. Documents and Information Submitted to the Customs Authorities in instances of the International Shipment of Goods by Motor Vehicle
1. In the event of the international haulage of goods by motor vehicle the carrier shall be obliged to submit to the customs authorities the following information:
(1) the state registration number of the motor vehicle;
(2) the carrier’s name and address;
(3) the name of the country of departure and of the country of destination;
(4) the name and address of the goods dispatcher and recipient;
(5) the goods seller and recipient as stated in the documents in possession of the carrier;
(6) the number of freight cases, their marking and package categories;
(7) the goods description including their codes stipulated by the Harmonised Commodity Description and Coding System or the Nomenclature of Goods subject to Foreign Trade specifying at least four initial digits;
(8) the merchandise gross weight (in kilograms) or volume (in cubic metres), except big-size articles;
(9) the merchandise whose importation to the Russian Federation is prohibited or restricted;
(10) statement of the date and of the location where the international motor waybill was compiled.
2. The carrier shall be obliged to furnish the details specified in Item 1 herein by way of submitting to the customs authorities the following documents:
(1) the documents pertaining to the means of transport;
(2) the international motor waybill;
(3) the commercial documents pertaining to transported merchandise in possession of the carrier.
Article 74. Documents and Information Submitted to the Customs Authorities in instances of the International Shipment of Merchandise by Seagoing Vessel (Riverboat)
1. In the event of international haulage of merchandise by a seagoing vessel (riverboat), the carrier shall be obliged to submit to the customs authorities the following information:
(1) the vessel’s port of registry and its national identity;
(2) the vessel’s name and description;
(3) the skipper’s name;
(4) the name and address of the shipbroker;
(5) the number of passengers on board, their full names, citizenship, dates and places of birth, their port(s) of embarkation and the port(s) of disembarkation;
(6) the crew size and composition;
(7) the name of the port of departure and of the ports of call;
(8) the merchandise descriptions and overall quantity;
(9) the number of cases / containers, their marking and types of packaging;
(10) the names of the goods’ port of loading and port of unloading;
(11) the numbers of bills of lading and other documents confirming the availability and the contents of the sea- / river shipment contract with regard to the goods subject to unloading at the given terminal;
(12) names of the ports of unloading of the goods remaining on board the vessel;
(13) names of the goods’ initial ports of departure;
(14) description and quantity of stores on board the vessel;
(15) description of the goods’ location on board the vessel;
(16) presence (absence) on board the vessel of international postal items;
(17) presence (absence) on board the vessel of the merchandise whose importation to the Russian Federation is prohibited or restricted; including currency of the Russian Federation and currency valuables in possession of crewmembers, the medical preparations containing narcotics, strong-action medicines, psychotropic and poisonous substances;
(18) presence (absence) on board the vessel of dangerous merchandise, including weapons and ammunition.
2. The carrier shall be obliged to furnish the details specified in Item 1 herein by way of submitting to customs authorities the following documents:
(1) the general declaration;
(2) the ship’s manifest;
(3) the declaration of stores on, board the vessel;
(4) the declaration of the crew`s personal effects;
(5) the muster-roll;
(6) the list of passengers on board;
(7) the document prescribed by the World Postal Convention;
(8) the bills of lading and other documents confirming the availability and the contents of the sea- / river shipment contract.
Article 75. Documents and Information Submitted to Customs Authorities in instances of the International Shipment of Merchandise by Air Transport
1. In the event of international shipment of merchandise by air transport the carrier shall be obliged to submit to the customs authorities the following information:
(1) the aircraft national identity and registratio
(2) the flight number, the flight plan, the point of departure and the place of destination;
(3) the name of the aircraft operator;
(4) the number the aircraft crew-members;
(5) the number of passengers on board, their full names, the port of embarkation and the port of disembarkation;
(6) the merchandise categories;
(7) the numbers of the airway bill, the number of articles per airway bill;
(8) the names of air terminals of loading and unloading of the merchandise;
(9) quantity of catering stores loaded to or unloaded from the aircraft;
(10) presence (absence) on board the aircraft of international postal items;
(11) presence (absence) on board the aircraft of the merchandise whose importation to the Russian Federation is prohibited or restricted; including currency of the Russian Federation and currency valuables in possession of crewmembers, the medical preparations containing narcotics, strong-action medicines, psychotropic and poisonous substances.
2. The carrier shall be obliged to furnish the details specified in Item 1 herein by way of submitting to customs authorities the following documents:
(1) the carrier’s standard documents stipulated by the international treaties in the field of civil aviation (general declaration);
(2) the document containing information on the merchandise carried on board the aircraft (the airway bill);
(3) the document specifying catering stores on board the aircraft;
(4) the air waybills;
(5) the document specifying the passengers on board and their luggage (the passenger manifesto);
(6) the document prescribed by the World Postal Convention.
Article 76. Documents and Information Submitted to Customs Authorities in instances of the International Shipment of Merchandise by Railway Transport
1. In the event of international haulage of merchandise by railway transport the carrier shall be obliged to submit to customs authorities the following information:
(1) the name of address of the goods’ dispatcher;
(2) the name of address of the goods’ recipient;
(3) the name of the railway terminal of departure and the terminal of destination;
(4) the number of freight cases, their marking and package categories;
(5) the merchandise description including their codes stipulated by the Harmonised Commodity Description and Coding System or the Nomenclature of Goods subject to Foreign Trade specifying at least four initial digits;
(6) the goods gross weight (in kilograms);
(7) the container identification numbers.
2. The carrier shall be obliged to furnish the details specified in Item 1 herein by way of submitting to customs authorities the following documents:
(1) the international waybill;
(2) the commercial documents pertaining to transported merchandise in possession of the carrier.
Article 77. Operations with Goods and Means of transport at a Customs Terminal
1. After merchandise has arrived and the documents and information pertaining to the consignment presented to the customs authorities this merchandise can be unloaded, transhipped (Article 78), placed at a temporary storage warehouse (Article 12), declared as subject to a specific customs procedural status, or to domestic transit.
2. Merchandise acquires the status of temporary storage from the moment of its presentation for inspection at the customs border gate. Upon expiration of the time limit allocated for temporary storage (Article 103) the customs authorities shall dispose of said merchandise in compliance of the provisions of Article 41 of this Customs Code.
3. In case the customs authorities are involved in the inspection of merchandise whose importation to the territory of the Russian Federation is restricted or prohibited pursuant to the Federal Law of the Russian Federation on the State Regulation of Foreign Trade Activities whereas the application of such restrictions or prohibitions the application is in the competence of other authorised state bodies, the customs authorities shall ensure coordinated and concurrent execution of such measures.
4. The means of transport shall be subject to customs control formalities in accordance with the provision of Chapter 22 of this Customs Code.
Article 78. Unloading and Transhipment of Merchandise at a Customs Terminal
1. Unloading and transhipment of merchandise from the means of transport upon its entry to the customs territory of the Russian Federation shall be carried out at specially equipped places at a customs terminal during the customs authorities’ official working hours.
Unloading and transhipment of merchandise at other places and/or beyond the customs office’s established working hours may only be sanctioned by the customs authorities upon a request made by an interested person in accordance with the provisions of Articles 406 and 407 of this Customs Code.
2. The merchandise unloading and transhipment areas constitute a customs control zone. Such areas should be set up and equipped so as to ensure safety of merchandise and preclude any access to them of the persons who are not involved in the cargo-handling operations.
3. Upon the request of a person responsible for cargo-handling operations in a sea- or river terminal the merchandise may be stored at the place of its unloading or transhipment without placing them in a temporary-storage warehouse throughout the time required for the performance of cargo-handling operations, in accordance with the terms stipulated by Article 103 of this Customs Code.
4. In case of loss of merchandise or its transfer to a third party without permission of customs authorities, responsible for the disbursement of customs duties and taxes in accordance with this Customs Code shall be the person performing the cargo-handling operations.
5. Unloading of merchandise, whose importation to the territory of the Russian Federation is proscribed by law of the Russian Federation, shall be forbidden.
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