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In order to implement the provisions of the Customs Code Russian Federation (Collected Legislation of the Russian Federation, 2003, N 22, Art.2066) i order:
1. To approve the Regulation on the procedure for the creation and designation of customs control zones (hereinafter referred to as the Regulation) and samples of the sign for the designation of the customs control zone and protective tape (Appendices 1 - 3).
2. Heads of regional customs administrations, customs to take measures to create and designate customs control zones in accordance with the approved region of activity customs authority and the requirements of the Regulations.
3. The Main Directorate of the Organization of Customs Control (A.V. Galaktionov) to exercise control over the creation of customs control zones.
4. The heads of the customs authorities ensure control over the creation, designation and liquidation of customs control zones in accordance with the Regulations.
5. To recognize as invalid the order of the State Customs Committee of Russia dated July 13, 2000 N 594 "On approval of the Regulations on the procedure for the creation and designation of customs control zones" (registered by the Ministry of Justice of Russia on August 14, 2000, reg. N 2354).
6. Deputy Chairman of the State Customs Committee of Russia V.V. Shpagin to monitor the implementation of this order.
Chairman of the Committee
valid
state councilor
customs service
Russian Federation
M. Vanin
Attachment 1
Regulations on the procedure for creating and designating zones
customs control
I. The procedure for creating customs control zones
1. This procedure includes the procedure for the adoption by the customs authority of a decision on the creation of a customs control zone in order to conduct customs control in the form of customs inspection and customs inspection of goods and vehicle, their storage and movement under customs supervision, determination and designation of its limits and places of crossing its borders by persons, goods and vehicles, as well as the procedure for canceling the decision to create a customs control zone.
2. Zones of customs control can be permanent or temporary.
Permanent zones of customs control are created in places where goods subject to customs control are regularly located:
a) on the territory of checkpoints across the State border of the Russian Federation;
b) along customs border Russian Federation;
c) in other places determined in accordance with the Customs Code of the Russian Federation (Collected Legislation of the Russian Federation, 2003, N 22,
3. Permanent zones of customs control are also designated in accordance with the Regulations of the location of goods and vehicles, which in accordance with the Code are zones of customs control.
4. The decision to create permanent customs control zones located along the customs border of the Russian Federation shall be formalized by the regulatory legal acts of the State Customs Committee of Russia in accordance with the Decree of the Government of the Russian Federation dated October 14, 2003 N 624 "On the procedure for creating customs control zones along the customs border" (Collected Legislation Russian Federation, 2003,
N 42, Art. 4074).
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.
5. The decision to create a permanent customs control zone shall be formalized by the order of the customs office in the region of which the created permanent customs control zone is located.
The order on the creation of a permanent customs control zone must indicate:
a) the basis and purpose of creation;
b) location;
c) limits and places of their intersection by persons, goods and vehicles;
d) means used for designation;
e) information about the person who has authority over the goods and (or) who owns the premises and (or) open areas intended for customs operations, storage of goods and vehicles without placing them in a temporary storage warehouse.
The appendix to the order must contain a graphic display of the limits and territory of the permanent customs control zone in the form of plans or maps.
A copy of the order on the creation of a permanent customs control zone is sent to the interested person within 3 days from the date of signing.
6. The decision to create a temporary customs control zone is made by the head of the customs authority (a person substituting for him) on the basis of the report of the customs official on the need to create a temporary customs control zone indicating the reasons and purpose of creation, the period for which it must be created.
7. The decision to create a temporary zone of customs control 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:
a) the basis and purpose of creation;
b) the date of creation and the period for which it is created;
c) the numbers and dates of documents drawn up by authorized officials of customs authorities, if the temporary customs control zone is created on the basis of these documents;
d) information about a person who has authority over goods and (or) who owns premises and (or) open areas where customs inspection, customs inspection of goods and vehicles is carried out, customs operations are allowed, temporary storage of goods within the temporary customs control zone being created;
e) location;
f) limits and places of their crossing by persons, goods and vehicles;
g) used means of designation.
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.
II. Procedure for designating customs control zones
8. 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.
The customs control zone can be designated by applying the inscription "Customs control zone" directly on the fencing 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 that is appropriate for use when creating a specific customs control zone.
9. Signs for the designation of customs control zones installed on highways are manufactured in accordance with the established procedure.
10. The designation of the customs control zone is made according to its limits at the intersection with transport routes, at the places of crossing the customs border by persons, goods and vehicles. When designating a 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.
11. The designation of a permanent customs control zone is made after a decision on its creation is made, as well as in cases when, in accordance with the Code, the locations of goods and vehicles are customs control zones.
12. The procedure for the designation of permanent customs control zones along the customs border of the Russian Federation and the location of signposts in their designation are determined by other regulatory legal acts of the State Customs Committee of Russia.
13. The limits of the temporary customs control zone may be indicated by a protective tape, as well as temporarily installed signs. In this case, the use of improvised materials and tools is allowed.
14. The designation of the temporary customs control zone is made after the decision on its creation is made.
III. Cancellation of the decision to create customs control zones
15. 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 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 the allocation and designation of a part of the customs territory of the Russian Federation is required in order to conduct customs control in the form of customs inspection and customs examination of goods and vehicles, their storage and movement under customs supervision.
Cancellation of the decision to create a customs control zone entails its liquidation.
16. The customs authority, after the elimination of the customs control zone located in the region of its activity, takes measures to remove the means of its designation and inform interested persons about its elimination.
17. 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 carrying goods under customs control, customs warehouses, duty-free shops will be liquidated if the relevant legal entities from the Register of Owners of Temporary Storage Warehouses (Article 114 of the Code), the Register of Owners of Customs Warehouses (Article 232 of the Code) in accordance with the established procedure, as well as the closure of a duty-free shop (Article 263 of the Code).
18. The decision to liquidate the permanent customs control zone created in accordance with clause 2 of the Regulations is drawn up in the form of a customs order, except for cases of liquidation of the permanent customs control zone created along the customs border of the Russian Federation.
19. The temporary customs control zone shall be 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.
State Customs Committee of the Russian Federation
North-West Customs Administration of the Russian Federation
SAINT PETERSBURG CUSTOMS
On the procedure for organizing temporary zones of customs control
at customs clearance goods and vehicles
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 Regulations on the procedure for creating and designating customs control zones", dated 05/08/2002 N 470 "On approval of the Regulations on customs inspection of goods and vehicles ", 23.03.2001 N 290" On approval of the Regulations 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 result in damage to the goods or the loss of part of its consumer properties before the end of customs clearance, as well as in cases where it is not possible to ensure the safety of the 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 the person moving the goods (including customs broker), or a person in charge, 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. Keep records of goods and vehicles temporarily stored at the VZTK, together with the person in whose possession, use or disposal are the territories or premises in which the goods are stored, and who is entrusted with the obligation to designate and comply with the customs control zone regime. When moving goods by rail keep records in conjunction with the Federal State Unitary Enterprise "Oktyabrskaya Railway" or 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 performing customs clearance in temporary zones of customs control, in column "C" of the CCD, 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. Action of 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 an VZTK.
3. Order of the St. Petersburg customs of 30.09.2002 N 544 to 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 establishment of a temporary customs control zone (TDZ)
Attachment 1
to order
dated October 29, 2002 N 603
In the area of \u200b\u200bactivity __________________________________ 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 St. Petersburg customs | Date of creation of VZTK | Expiration date of VZTK | Location of VZTK | VZTK area | Sender Receiver | Vehicle numbers | N transport document | Serial number of goods | Name of product | Statistical value of goods | Number of seats | Gross weight | GTE number | GTE issue date | 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 the serial number from the VZTK accounting book.
Document revision taking into account
changes and additions
"CODE"
Order of the Moscow Northern Customs of January 31, 2003 N 106
"On the procedure for making decisions
on the creation of temporary zones of customs control "
In order to ensure the fulfillment of the requirements of Art. 181 of the Customs Code of the Russian Federation, Regulations on the procedure for the creation and designation of customs control zones, approved by order of the State Customs Committee of Russia dated July 13, 2000 N 594, Regulations on the temporary storage of goods and vehicles under customs control, approved by order of the State Customs Committee of Russia dated March 23, 2001 N 290, The procedure for making decisions on the creation of temporary customs control zones in the region of activity of the Central Customs Administration, approved by order of the Central Customs Administration of January 21, 2003 N 38, I ORDER:
1. To approve the Procedure for making decisions on the creation of temporary customs control zones (hereinafter referred to as the Procedure) in accordance with Appendix 1 to this Order.
2. Heads of customs posts:
2.1. Ensure the consideration and timely submission to the customs of applications from organizations interested in the creation of a temporary customs control zone (hereinafter - VZTC) in the form in accordance with Appendix 2 to this order, as well as a set of documents specified in Appendix 7 for making a decision.
2.2. Provide a survey of the proposed site of the creation of the VZTK, drawing up an inspection report and a written opinion on the possibility of creating an VZTK with the subsequent submission of these documents to the OOTOiTK customs (Appendix 6).
2.3. Exercise control over the designation and use of VZTK in accordance with the customs legislation of the Russian Federation.
2.4. Provide, on a monthly basis, by the 3rd day of the month following the reporting month, the submission of information on the number of consignments that were in the VZTK for the reporting period to the OOTOiTK customs
2.5. Communicate the procedure and conditions for creating a temporary customs control zone to the interested parties.
3. To the Head of OOTOiTK (A.A. Eremin):
3.1. Record and register applications, check the availability of submitted documents and the information stated in them, prepare draft orders for making a decision on the creation of a VZTK.
3.2. Ensure that materials on the creation of temporary customs control zones are sent for approval to the customs control organization service of the Department (hereinafter referred to as the Department's SOTK) in cases determined by the Procedure.
3.3. Submit to the SOTK of the Office by the 5th day of the month following the reporting month, information in accordance with Appendices 3-5 to this order.
4. The order of the head of customs of 10.10.2001 N 142 shall be considered invalid.
5. Control over the execution of this order shall be entrusted to the first deputy head of customs V.А. Aduvalina.
Head of customs
Major General of Customs
A.M. Uzlovsky
DECISION-MAKING PROCEDURE
ABOUT THE CREATION OF TEMPORARY ZONES OF CUSTOMS CONTROL
1. General Provisions
1.1. The customs control zone 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.
1.2. Temporary customs control zones (hereinafter referred to as VZTK) are created on territories, in premises where goods and vehicles subject to customs control are located or may be located, if during such control it is required to determine 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 customs authorities.
1.3. The creation of a VZTK for the purpose of customs clearance of goods and vehicles outside the established places should be considered as an exceptional measure applied in cases where the delivery of goods to the places specified for their customs clearance is impossible or difficult due to the specific characteristics of the goods, is associated with significant non-productive costs , may result in damage to the goods or the loss of part of its consumer properties before the end of customs clearance, as well as in cases where it is not possible to ensure the safety of the goods during their transit to the established place of customs clearance.
1.4. The arrangement, equipment and technical equipment of the VZTK should exclude the possibility of the receipt and withdrawal of goods and vehicles without customs control, as well as ensure their safety and the impossibility of access to them by unauthorized persons.
1.5. The customs authority has the right to establish specific requirements for the design, arrangement and equipment of the VZTK.
1.6. Organizations (enterprises) interested in the creation of the VZTK should be provided free of charge for the officials of the customs authority with premises, communication facilities and vehicles equipped in accordance with the requirements for customs control and customs clearance.
1.7. The term of the VZTK should correspond to the timing and nature of the activities that necessitated the creation of such a zone.
2. Decision making competence
on the creation of temporary zones of customs control
2.1. Temporary zones of customs control are created by the decision of the head of customs or a person replacing him, without agreement with the service of organization of customs control of the Office (hereinafter referred to as the SOTK of the Office) in the following cases:
When carrying out operational - search measures, making inquiries and other actions of the customs authorities provided for by the customs legislation of the Russian Federation;
When customs clearance of goods and vehicles intended for exhibition events, customs clearance of which is carried out in accordance with the order of the State Customs Committee of Russia dated December 29, 2001 N 1276 "On approval of the Regulation on customs control and customs clearance of goods intended for exhibition events";
When transferring, in accordance with the established procedure, a specific consignment for safekeeping to the direct recipient located in the region of the customs operation;
Upon receipt of goods transported by rail to the delivery points (destination stations), which do not have temporary storage warehouses (hereinafter - temporary storage warehouse), and if it is impossible to place such goods and vehicles at the nearest temporary storage warehouse with access railways from the destination station;
In other cases, at the time of customs clearance and customs control of a separate consignment located outside the established place of customs clearance and in the absence of the possibility of placing it in the customs control zone of the temporary storage warehouse.
2.2. Approval of the decision of the head of customs or a person replacing him on the creation of a VZTK is carried out in the SOTK of the Office upon arrival at the place of delivery of goods moved by car, in cases where:
The structural subdivision of the customs that carries out customs control and customs clearance of goods and vehicles is located on its own premises and is located at a considerable distance (more than 50 km) from the temporary storage warehouse or does not have a temporary storage warehouse in the region of its activity;
The customs control zone of the temporary storage warehouse (premises, open area, warehouse territory) located at the location of the customs authority that performs customs clearance of goods and customs control (customs post, OTOiTK, having a departmental code), or in the region of its activity, does not allow in full place arriving goods and vehicles;
VZTK is created outside the region of customs activity.
3. The order of coordination with the SOTK of the Office of the decision
on the creation of a temporary zone of customs control
3.1. To agree on the decision of the customs on the establishment of the VZTK OOTOiTK sends the following materials to the SOTK of the Office:
Letter from customs with a motivated justification of the reasons for the creation of the VZTK and containing a conclusion on the possibility of carrying out proper customs control at the proposed place of creation of the VZTK;
Draft order on the establishment of the VZTK;
Application of an interested person with a reasoned request for the creation of a VZTK, indicating its exact address, area and an obligation to fulfill the requirements of the customs authority for the arrangement, equipment, technical equipment, designation, organization of security, observance of established storage periods, accounting and reporting;
Constituent and registration documents of the person who submitted the application for the establishment of the VZTK ( memorandum of association and / or charter, certificate of state registration, certificate of the territorial subdivision of the Goskomstat of Russia, certificate of registration with the tax authority, certificate of an authorized bank on the presence of a currency or ruble account);
An act of inspection by the customs office of the proposed site of the VZTK establishment with a conclusion on the possibility of its creation;
Plans (diagrams, drawings) of premises, territory, etc. with designation of the proposed location of the VZTK and indication of its dimensions;
Documents (originals or copies certified in accordance with the established procedure) confirming the right of ownership or possession of premises, territory, etc., where the creation of the VZTK is supposed;
Draft procedure for the use of VZTK or technological scheme for the use of VZTK.
4. Final provisions
4.1. In the event of a refusal to establish a VZTK, the customs shall send a written reasoned response to the applicant.
4.2. If an interested person receives a reasoned conclusion on the impossibility of creating an OTC, this person, after eliminating the shortcomings that caused the refusal, has the right to reapply to the appropriate customs authority on the issue of creating an OTC.
4.3. The arrangement, equipment, technical equipment, designation and organization of protection of the VZTK, as well as the provision of premises, communications and vehicles to the customs authority are carried out at the expense of a person interested in the creation of the VZTK.
To the head of the Moscow Northern Customs, Major General of the Customs Service A.M. Uzlovsky APPLICATION In connection with _____________________________________________________ (the justification for the creation of a temporary zone of __________________________________________________________________ customs control is indicated) Please allow the creation of a temporary customs control zone at the address: _______________________________________________________ on the territory of the organization (enterprise) __________________________ within _________ sq. m for a period of ___________ calendar days. Names and numbers of the submitted documents: 1. _____________________________ N _______________ dated _________ 2. _____________________________ N _______________ dated _________ 3. _____________________________ N _______________ dated _________ 4. _____________________________ N _______________ dated _________ 5. _____________________________ N _______________ from _________ We undertake to exclude the possibility of control from _________ goods and vehicles; - to promote the implementation of customs control; - ensure the designation of the customs control zone and the inability of unauthorized persons to access goods and vehicles under customs control; - ensure the release of the customs control zone from goods and vehicles by the date of its liquidation; - comply with other requirements of the customs legislation of the Russian Federation. General manager M.P. Chief Accountant
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF THE MOSCOW NORTHERN CUSTOMS IN AGREEMENT WITH THE MANAGEMENT FROM 1 _______ 200_ TO 30 (31) _______ 200_ G. ┌───────────── ─────┬───────────────┬───────────────┬─────────── ──────────┬────────────────────┬──────────┐ │N │Number and date │ Date of creation │Reason for creation│Place of VZTK Number of commodity │Notes│ │p / norder to create │and actual │VZTK │ (name and address of │parties that were located│ │ │ │and liquidation of VZTK │ liquidation of VZTK│ редenterprise , railway │v VZTK (for the reporting period │ │ │ │ (number and date │ │ │ station, etc.) │period) │ │ │ │ order to extend │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───┼───────────────────┼───────────────┼── ──────────────┼────────────────────┼───────────── ───────┼───────────┤ │1 │2 │3 │4 │5 │6 │7 │ ├───┼─────────── ─────────┼───────────────┼──────────────┼─────── ──────────────┼───────────────────┼──────────┤ └── ─┴────────────────────┴──────────────┴─────────── ─────┴── ────────────────────┴──────────────────┴───────── ─┘
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF THE MOSCOW NORTHERN CUSTOMS WITHOUT AGREEMENT WITH THE OFFICE FROM 1 _______ 200_ TO 30 (31) _______ 200_ _───────────── ─────┬───────────────┬───────────────┬─────────── ──────────┬────────────────────┬──────────┐ │N │Number and date │ Date of creation │Reason for creation│Place of VZTK Number of commodity │Notes│ /p / n│order to create │and actual │VZTK │ (name and address│ of the parties that were located │ │ │and the liquidation of the VZTK liquidation of the VZTK│ the enterprise , railway │v VZTK (for the reporting period │ │ │ │ (number and date │ │ │ station, etc.) │period) │ │ │ │ order to extend │ │ │ │ │ │ │ │ │ │ │ │ │ │ ├───┼───────────────────┼───────────────┼── ──────────────┼────────────────────┼───────────── ───────┼───────────┤ │1 │2 │3 │4 │5 │6 │7 │ ├───┼─────────── ─────────┼───────────────┼──────────────┼─────── ──────────────┼───────────────────┼──────────┤ └── ─┴────────────────────┴──────────────┴─────────── ─────┴─ ────────────────────┴───────────────────┴──────── ──┘
Note. The list is compiled in Excel format.
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF THE MOSCOW NORTHERN CUSTOMS AND VALID FOR 1 _______ 200_ ┌───┬────────────────────┬┬ ─────────────┬────────────────┬─────────────────── ──┬───────────────────┬──────────┐ │N │Number and date │Date of creation │Reason for creation│PZTK location │Number of commodity│Note│ │п / п│ of the order for the establishment of │ВЗТК and the term │ВЗТК │ (name and address of the parties located│ │ │ │ВЗТК (number and date с (indicating │ ятия enterprises, railway in VZTK (for the reporting │ │ │ │ of the order to extend │dates) for which│ │stations, etc.) │period) │ │ │ │the term of the VZTK) │the VZTK was created │ │ │ │ │ ├─── ┼────────────────────┼───────────────┼─────────── ─────┼─────────────────────┼──────────────────┼── ────────┤ │1 │2 │3 │4 │5 │6 │7 │ ├───┼───────────────────┼ ────────────────┼───────────────┼──────────────── ─────┼───────────────────┼──────────┤ └───┴──────── ────────────┴────────────────┴─────────────────── ──────────────────┴──────────────── ──┴──────────┘
Note. The list is compiled in Excel format.
ACT OF INSPECTION OF THE TERRITORY (PREMISE) OF THE PROPOSED LOCATION OF ESTABLISHMENT OF THE VZTK During the period from ____________________ to __________________, the commission (date of the survey) consisting of: ___________________________ __________________________ (members of the commission) (name of the post) of the customs post conducted a survey of the territory (premises) of the proposed place of creation of the VZTK address: ____________________. The proposed site for the creation of the VZTK area ________________ sq. m meets the requirements for the arrangement, equipment and technical equipment of the VZTK. The possibility of the receipt and withdrawal of goods and vehicles without customs control is excluded, the safety and inability of unauthorized persons to access the goods and vehicles is ensured: ______________________________________________________ (information on the presence of a fence, __________________________________________________________________ designations, security, signaling, double locking __________________________________________________________________ devices, etc. ) Members of the commission: 1. ____________________________ ______________ ________________ (current position) (signature) (full name) 2. ____________________________ ______________ ________________ (current position) (signature) (full name) Conclusion: I consider it expedient to create a VZTK for the period specified in the application ______________________________ from ______ to _____. (name of organization) Head of ____________________________ post _____________________ (name of post) (place of signature) _____________________________ (full name, special title) Date
SCROLL
OF DOCUMENTS ATTACHED TO THE APPLICATION FOR THE ESTABLISHMENT OF THE VZTK
1. A document confirming the right to own, use or dispose of the territory or premises (warehouse).
2. Graphic display of the territory or premises in the form of a plan or map.
3. Power of attorney for the right to represent the interests of a legal entity to an individual.
Note. If it is necessary to agree with the SOTK TsTU of the decision on the establishment of the VZTK, a set of documents is submitted in accordance with the requirements of clause 3 of the Procedure.
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.
Zones of customs control 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 government agencies, 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 the submission of 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 borders 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 "Customs control zone". According to the legislation of the Russian Federation, a temporary control zone can be created by 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 there is a white inscription in Russian and English, 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 implementing 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 apply not only to declarants, but also to other persons. 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 application of this form of customs control at the stage of customs clearance or verification after the release of goods and vehicles.
Customs surveillance is open, targeted, systematic or one-time, possibly using technical means, monitoring the transportation of goods under customs control, performing 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, 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 conducted on a purposeful basis, in accordance with a decision made by an authorized official of the customs authority. By type, customs surveillance can be systematic or one-time, direct (carried out personally by an official of the customs authority) and indirect (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 the removal of seals, seals and other means of identification of goods, opening the 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 follows 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 may decide to conduct a personal search of such a person. This establishes a mandatory requirement for writing 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. Inspection is carried out in 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 member state of the customs union, created and registered in accordance with the laws of that member state 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 declared in the customs declaration and other documents submitted during the customs declaration of goods that influenced the decision to release the 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 socio-economic problems, creating favorable conditions for the activities of trade communities, individuals and legal entities.
Permanent and temporary customs control zones.
Customs control zones can be of two types:
Permanent and
Temporary.
Permanent customs control zones
are created in cases of regular presence of goods subject to customs control (places of arrival of goods and vehicles in the customs territory, temporary storage warehouses, customs warehouses, premises of a duty-free shop).
The decision to create permanent customs control zones located along the customs border of the Russian Federation is formalized by regulatory legal acts of the federal executive body authorized in the field of customs.
In other cases, the decision to create a permanent customs control zone is made by the head of customs (in the form of an order), in the region of which the places and territories are located where permanent customs control zones are created.
Temporary customs control zones can be created on the basis of a written decision of the head of the customs authority (for example, the head of the customs post):
When performing customs clearance outside the designated places (for the period of customs operations);
The limits of the permanent customs control zone are indicated by rectangular signs with an inscription on a green background "Customs control zone" in Russian and English "Customs control zone" 2. The limits of the temporary customs control zone may be indicated by a protective tape, signboards, scoreboards or other information signs. In case of non-compliance by persons with the requirements established by customs legislation, administrative liability may occur in accordance with Art. 16.5 KRFoAP "Violation of the customs control zone regime".
Temporary customs control zones can be created:
A) for the production of customs clearance of goods and transport
funds outside the places of customs operations - at the time of their performance, if
when performing such operations, it is required to determine the customs control zone
based on the need to ensure the smooth implementation
the customs authorities of their functions;
B) if it is necessary to inspect or inspect goods and vehicles found by customs authorities outside the permanent zones
customs control.
The decision to create a temporary zone of customs control is taken by the head of the customs authority or a person replacing him in writing.
Zones of customs control can be permanent in cases where goods subject to customs control are regularly located, 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, locations of customs authorities, as well as along the customs border of the Russian Federation.
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 determine the customs control zone, proceeding from the need to ensure the safety of such goods and vehicles, as well as the unimpeded performance of their functions by the customs authorities.
Temporary customs control zones can be created 5:
For the production of customs clearance of goods and vehicles outside the places of customs operations (Article 406 of the Code) - at the time of their commission, if during the performance of such operations it is required to determine the customs control zone based on the need to ensure the smooth implementation of their functions by the customs authorities;
If it is necessary to inspect or inspect goods and vehicles discovered by customs authorities outside the permanent zones of customs control.
The procedure for creating permanent customs control zones located along the customs border of the Russian Federation
Along the customs border, customs control zones are created in the manner determined by the Government of the Russian Federation
The Government of the Russian Federation has established the following procedure for creating customs control zones in the Russian Federation along the customs border:
1. Zones of customs control are created along the customs border regardless of whether it coincides or does not coincide with the line of the state border of the Russian Federation.
2. The Federal Customs Service of the Russian Federation determines the sections of the customs border along which it is necessary to create customs control zones, and makes a decision on the creation of such zones. The decision to create customs control zones is formalized by the regulatory legal act Federal Customs Service of the Russian Federation, agreed with Federal Service security of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation, on the territory of which these zones are created.
3. On the land section of the customs territory of the Russian Federation, a customs control zone may be created within a strip of terrain up to 30 kilometers wide from the customs border line into the interior of the Russian Federation.
4. The customs control zone along the customs border of the special economic zones operating on the territory of the Russian Federation shall be created along both sides of the land section of the customs border that does not coincide with the state border of the Russian Federation.
5. On river and lake sections, a customs control zone may be created within the Russian part of the waters of border rivers, lakes and other water bodies, as well as a strip
terrain up to 15 kilometers wide from the coastline into the interior of the Russian Federation.
6. On sea areas, a customs control zone may be created within the territorial sea of \u200b\u200bthe Russian Federation, with the exception of sea areas around artificial islands, installations and structures over which the Russian Federation exercises jurisdiction in the exclusive economic zone of the Russian Federation and on the continental shelf of the Russian Federation. 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 creating a temporary zone of customs control
The decision to create a temporary customs control zone is made by the head of the customs authority (a person substituting him) on the basis of a report by the customs official on the need to create a temporary customs control zone indicating the reasons and purpose of creation, the period for which it must be created.
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.
The order (order) on the creation of a temporary zone of customs control must indicate:
The basis and purpose of creation;
Date of creation and the period for which it is created;
Numbers and dates of documents executed by authorized customs officials, if the temporary customs control zone is created on the basis of these documents;
Information about the person who has authority over goods and (or) who owns premises and (or) open areas where customs inspection, customs inspection of goods and vehicles are carried out, customs operations are allowed, temporary storage of goods within the created temporary customs control zones;
Location;
Limits and places of their crossing by persons, goods and vehicles;
Applied means of designation.
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.
Cancellation of the decision to create customs control zones
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 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 the 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. The customs authority, after the elimination of the customs control zone located in the region of its activity, takes measures to remove the means of its designation and inform interested parties about its elimination.
Permanent customs control zones, which are premises and (or) open areas intended for use as warehouses for temporary storage, the area adjacent to them and specially equipped for parking vehicles carrying goods under customs control, customs warehouses, duty-free shops trade is liquidated in the event that the relevant legal entities are excluded from the Register of Owners of Temporary Storage Warehouses (Article 114 of the Code), the Register of Owners of Customs Warehouses (Article 232 of the Code) in accordance with the established procedure, as well as the closure of a duty-free shop (Article 263 of the Code).
The decision to liquidate the permanent customs control zone is drawn up in the form of a customs order, except for 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 (decree) of the customs authority on the creation of a temporary customs control zone.
