7 customs control zones can be. What are customs control zones and why are they needed? The procedure for designating customs control zones
What are customs control zones?
The control zone is the territory that goods transported across the Russian border must pass. As a rule, zones are designed directly in order to store goods for some time and carry out actions on them. It is in these areas that the inspection, search and actions required by law should be carried out. However, there are a number of actions performed without the organization of control zones by customs authorities. This is, for example:- Inspections that goods undergo as part of an on-site customs inspection or when a means of transport stops.
- Customs inspections carried out during the on-site inspection.
Where do these zones form?
As a rule, legislation clearly regulates the formation of customs control zones. They can be created:- Right next to the US border.
- Where it is produced customs clearance.
- Where goods are reloaded, cleared and inspected.
- Where goods are temporarily stored.
- Where it stops and stays Vehicle that transport goods that, in accordance with the law, are subject to customs control.
- In other territories as determined by law.
Temporary zones of control by customs authorities
To create a zone of non-permanent action, it is extremely important to obtain a decision on this, issued in writing. It should belong to the boss customs authority. Reasons for such a decision may be:- The production of customs control is not in places that are intended for this.
- If it is necessary to conduct an inspection or inspection of goods that were found by customs officers outside the areas of control actions carried out by customs authorities.
Permanent control zones
ZTK are premises or open areas that make it possible to carry out all the necessary actions. Such zones, as a rule, should be marked with special marks - signs that have green color. They are inscribed in shades of white in two languages, which defines the territory. In a situation where the zone has a large number of fences, rooms and walls on its territory, the message that the territory has the status of a customs control zone should be duplicated on them too.An organization (IP) disputes liability for violation of the regime of the customs control zone
1. Places that are zones of customs control are determined in accordance with Article 319 of the Code of the Union and this Article.
2. Customs control zones can be created along the State Border Russian Federation, at checkpoints across the State Border of the Russian Federation, at places where customs operations, in places of temporary storage of goods, unloading and reloading (transshipment) of goods, their customs inspection and customs inspection, in places of parking of vehicles transporting goods under customs control.
3. Customs control zones may be permanent in the following cases:
1) if the owner land plot, water areas, premises intends to use the indicated territories exclusively for the storage of goods under customs control on them, or for the performance of other customs operations with such goods;
2) if goods under customs control are predominantly transported or stored in certain parts of the territory, water area, or other customs operations are performed in relation to these goods and restriction on the movement of such goods across the borders of customs control zones or restriction of access to such goods is necessary to ensure compliance the rights of the Union and the legislation of the Russian Federation on customs regulation.
4. A temporary zone of customs control is created by decision of the head of the customs post or a person authorized by him, and when customs control is carried out after the release of goods and in accordance with Parts 4 and 5 of Article 214 of this Federal Law, by decision of the head of the customs body conducting customs control, or person authorized by him. The said decision shall be drawn up by order of the head of the customs authority or a person authorized by him, indicating the purpose of creating a temporary customs control zone, the location of the temporary customs control zone, the period of validity, the border of the temporary customs control zone and the places where it is crossed by persons, goods and vehicles, as well as used means of designation.
5. The federal executive body exercising the functions of control and supervision in the field of customs affairs, on the basis of a proposal from the customs body whose region of operation includes the relevant section of the territory of the Russian Federation, determines the sections of the State Border of the Russian Federation along which it is necessary to create customs control zones, and decides on the establishment of such zones. The decision to create customs control zones along the State Border of the Russian Federation is formalized legal act the federal executive body exercising the functions of control and supervision in the field of customs, agreed with the federal executive body in the field of ensuring the security of the Russian Federation and the executive bodies of the constituent entities of the Russian Federation on whose territories these zones are created.
6. On a land section of the territory of the Russian Federation, a customs control zone along the State Border of the Russian Federation may be created within a strip of terrain up to thirty kilometers wide from the line of the State Border of the Russian Federation deep into the territory of the Russian Federation. The decision to create a customs control zone within a strip of terrain up to thirty kilometers wide from the line of the State Border of the Russian Federation deep into the territory of the Russian Federation must indicate:
7. On sea, river and lake sections of the territory of the Russian Federation, a customs control zone along the State Border of the Russian Federation may be created, respectively, within the territorial sea of the Russian Federation, the Russian part of the waters of border rivers, lakes and other bodies of water, as well as a strip of terrain up to fifteen kilometers wide from coastline deep into the territory of the Russian Federation.
8. The customs control zones along the State Border of the Russian Federation are designated along its limits at the points of intersection with transport routes, at the places of crossing the State Border of the Russian Federation by persons, goods and vehicles with signs containing the inscription in white "Customs Control Zone" on a green background, made in accordance with specifications and standards defined for road information signs.
9. The decision to create a customs control zone at checkpoints across the State Border of the Russian Federation, established and open in accordance with the legislation of the Russian Federation, is taken by the head of the customs office in the region of operation of which the checkpoint is located. Such a decision is formalized by order of the head of customs, agreed with the federal executive body exercising the functions of control and supervision in the field of customs. The customs control zone created at the checkpoint across the State Border of the Russian Federation includes sections of the territory (water area), buildings, structures, sites within which customs operations are carried out, storage, unloading and reloading (transshipment) of goods under customs control, their customs inspection and customs inspection, parking lots of vehicles carrying such goods.
10. When determining the border of the customs control zone, the opinion of the administration of the transport infrastructure facility, within which a checkpoint across the State Border of the Russian Federation is established, should be taken into account: the head of the administration seaport, head of the basin authority government controlled on inland water transport, the operator of the airfield, the head of the railway station (station). The opinion of the administration of the transport infrastructure facility, issued in writing, is attached to the draft order of the head of customs on the creation of a customs control zone, sent for approval to the federal executive body exercising the functions of control and supervision in the field of customs.
11. The order of the head of customs on the establishment of a customs control zone at the checkpoint must contain:
1) the location of the checkpoint;
2) the border of the customs control zone and the places of its crossing by persons, goods and vehicles.
12. Attached to the order of the head of customs on the establishment of a customs control zone at the checkpoint, a graphical representation of the border and territory of the specified zone in the form of plans or maps must be provided.
13. Decisions on the creation of customs control zones in other places are made by the head of the customs office, in the region of activity of which the places and territories where customs control zones are created are located.
14. The decision to create a customs control zone, provided for by paragraph 13 of this article, is drawn up by order of the head of customs, which must indicate:
1) the location of the customs control zone;
2) the border of the customs control zone and the places where it is crossed by persons, goods and vehicles;
3) means used to mark the border of the customs control zone.
15. An annex to the order of the head of customs on the establishment of a customs control zone specified in paragraph 14 of this article must contain a graphical representation of the border and territory of the customs control zone in the form of plans or maps.
16. The border of the customs control zone shall be marked with rectangular signs, on a green background of which the inscription in Russian and English "Customs control zone" is made in white. These signs are the main means of designating the customs control zone.
17. The customs control zone may be marked by drawing the inscription "Customs control zone" in Russian and English directly on the protective structures and walls of the premises that make up its perimeter. It is allowed to replace the inscription with English language an inscription in any other language suitable for use when creating a specific customs control zone.
18. The designation of the customs control zone, with the exception of the customs control zone established in the water area of the territorial sea or within it, is carried out along the border of the customs control zone at the points of its intersection with transport routes, as well as at the points of crossing the border of the customs control zone by persons, goods and vehicles. When designating a customs control zone, boards with information about its border, about the established places for crossing its border, about the list of persons having access to the customs control zone, about the means of marking it and about other circumstances related to its functioning can be additionally used. The border of the temporary zone of customs control may be marked with protective tape, as well as temporarily installed signs. In this case, the use of improvised materials and means is allowed.
19. Customs control zones shall be liquidated in cases of a change in the location of a customs authority, closing of a checkpoint across the State Border of the Russian Federation, a change in the place of storage of goods under customs control, a change in the location of places where customs operations are carried out, unloading and reloading (transshipment) of goods, their customs inspection and customs examination, parking of vehicles transporting goods under customs control. The decision to liquidate the customs control zone is formalized by the order of the customs authority that created such a zone.
20. 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 decision of the customs authority on the creation of a temporary customs control zone.
21. After the liquidation of the customs control zone located in the region of its activity, the customs authority shall take measures to remove the means of its designation and inform interested persons about its liquidation.
22. In the zones of customs control, including those created along the State Border of the Russian Federation within a five-kilometer zone from the State Border of the Russian Federation, production and other economic activities related to the transportation, unloading and reloading (transshipment), storage of goods under customs control , organizing and servicing parking lots of vehicles transporting such goods, servicing legal entities and individuals moving goods and vehicles across the State Border of the Russian Federation, with the construction, with the reconstruction of buildings and structures, as well as their engineering networks used for customs operations, construction and reconstruction of roads and access roads to checkpoints, transport and engineering structures used to move goods and vehicles across the State Border of the Russian Federation (including the construction of car parks, the installation of road fences, road signs), is allowed with the permission of the customs authorities and under their supervision.
23. Movement of goods, vehicles, persons, including officials government agencies, across the borders of customs control zones and within them is allowed with the permission of the customs authorities and under their supervision, except for the cases established by this federal law and other federal laws.
27. Permission to carry out production and other economic activity in the customs control zone is issued by the head of the customs authority in the region of activity of which the customs control zone is established, upon a written application of the person concerned.
28. If a customs control zone has been established on a territory (in a water area) owned or leased by persons, a permit to carry out production and other economic activities specified in Part 27 of this Article shall be issued subject to the consent of the owner (possessor) of the territory ( water areas).
29. An application for permission for production and other economic activities in the customs control zone must contain information on the type and nature of the activity that is supposed to be carried out within the customs control zone, a list of persons who will carry out such activities, information on the planned period for carrying out such activities.
30. The head of the customs authority considers an application for permission for production and other economic activities in the customs control zone and, if the proposed activity complies with parts 22, and of this article, puts on the application a resolution "Production and other economic activities in the customs control zone are allowed until (the date is indicated)" . In case of refusal to issue a permit, a resolution "Permission to carry out the declared activity was refused" is applied to the application, indicating the reasons for the refusal.
31. The original application for permission for production and other economic activities in the customs control zone is returned to the interested person, a copy of the application is stored in the customs authority.
32. The provisions of this article do not apply to the creation of customs control zones in structures, premises (parts of premises) and (or) open areas (parts of open areas) of an authorized economic operator in accordance with Article 387 of this Federal Law.
If in respect of the recipient of foreign gratuitous assistance, the customs authority decided to create a temporary zone of customs control on its premises, then the period of temporary storage of a separate consignment of goods in such a zone is 60 calendar days. In the case when, before the expiration of the temporary storage period, the recipient of foreign gratuitous assistance does not have all permits necessary for the application for goods of the customs regime of free circulation (certificate of the Department for Humanitarian Affairs of the Office of the President of the Republic of Belarus on the registration of foreign gratuitous aid; documents issued by an accredited certification body), he has the opportunity without fulfilling the tax obligation to pay import customs duties, taxes, place them under the customs regime of a customs warehouse, the validity of which cannot exceed two years. Goods placed under the customs regime of a customs warehouse must be placed in an existing customs warehouse. Storage of goods outside the customs warehouses of the TC is not provided.
Services for the storage and preservation of goods in warehouses are a type of entrepreneurial activity, a fee is charged for their provision. At the same time, the customs authorities are not entitled to interfere in the activities of business entities on the issue of establishing and regulating the amount of payment for services. The same applies to the payment of rental payments in the case of temporary storage of goods in warehouses leased by the recipient of the goods from third parties.
Railway transport. In accordance with Art. 129 TC at the request of the administration railway temporary storage of goods transported by rail, until they are unloaded directly in vehicles on the ground common use railway stations.
The location of those is agreed with the customs authorities. These places are the customs control zone and are designated in accordance with the Resolution of the Council of Ministers of the Republic of Belarus dated May 24, 2007 No. 674. The railway administration is obliged to ensure the safety of goods and exclude access to them by unauthorized persons. Unloading of goods and their movement to any other place is allowed with the permission of the customs authority.
Ekaterina SCHORS,
Minsk Regional Customs Inspector
In order to strengthen customs control over goods and vehicles subject to customs clearance, to ensure unconditional fulfillment of the requirements of Art. 181 of the Customs Code of the Russian Federation, Regulations on the procedure for creating and designating customs control zones, approved by order of the State Customs Committee of Russia dated 13.07.2000 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 03.23.2001 N 290, Letters of the State Customs Committee of Russia dated October 12, 2000 N 01-06/29595 "On Customs Control Zones" and dated May 15, 2002 N 01-18/18745 "On the Organization of the Work of Customs Authorities in the Creation and Use of Customs Control Zones" I order:
1. Approve the procedure for making decisions on the creation of temporary zones of customs control in the region of activity of the Central customs administration(hereinafter - the Procedure) in accordance with Appendix 1 to this order.
2. Heads of customs (except for the Central rear):
2.1. Exclude the creation of temporary customs control zones without sufficient grounds and conditions, as well as their functioning after the completion of the activities for which they were created.
2.2. Organize the consideration of applications for the creation of temporary zones of customs control.
2.3. Decisions on the creation of temporary zones of customs control and the termination of their action shall be issued by customs orders.
2.4. Ensure that materials on the creation of temporary customs control zones are sent for approval to the customs control organization service of the Administration (hereinafter referred to as the SOTK of the Administration) in cases specified by the Procedure.
2.5. Submit to the Department of Information and Communications Control by the 5th day of the month following the reporting month, information in accordance with Annexes 2-4 to this order.
2.6. Organize regular inspections of the functioning of temporary customs control zones.
If violations of customs legislation are detected, immediately take measures to eliminate such violations and inform the Department of Customs Control.
3. Head of the Department for Control and Development of the Infrastructure of the SOTK Office V.G. Onishchenko to provide:
3.1. Consideration within five working days of the materials sent by the customs, and submission to the leadership of the SOTK of the Department of conclusions on the creation of temporary zones of customs control.
3.2. Keeping records of temporary customs control zones created by customs.
3.3. Analysis of the information provided by the customs in accordance with the requirements of clause 2.5 of this order, and submission to the management of the SOTK of the Department of proposals on the procedure for the functioning of temporary customs control zones.
4. To impose control over the execution of this order on the first deputy head of the Department - head of the customs control organization service R.S. Mukhutdinov.
Head of Department
lieutenant general of the customs service
A.E. Zherikhov
Annex 1
to the order of the Central
customs administration
dated January 21, 2003 N 38
ORDER
DECISION-MAKING ON THE CREATION OF TEMPORARY ZONES OF CUSTOMS
CONTROL IN THE REGION OF ACTIVITY OF THE CENTRAL
CUSTOMS OFFICE
1. General Provisions
1.1. Customs control zone - a specially allocated 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 TTC) are created in 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 the customs control zone based on the need to ensure the safety of such goods and vehicles , as well as the unhindered exercise of their functions by the customs authorities.
1.3. Establishment of an FTZTC 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 determined for their customs clearance is impossible or difficult due to the specific characteristics of the goods, is associated with significant unproductive costs may result in damage to the goods or loss of part of its consumer properties until the end of customs clearance, as well as in cases where it is not possible to ensure the safety of the goods during its journey to the established place of customs clearance.
1.4. Arrangement, equipment and technical equipment The VZTK should exclude the possibility of 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 establishment of the FTZTK should allocate free of charge to officials of the customs body the premises, means of communication and vehicles necessary for the implementation of customs control and customs clearance, equipped in accordance with the requirements.
1.7. The duration of the PTTC should correspond to the timing and nature of the activities that necessitated the creation of such a zone.
2. Competence of decision-making on the establishment of temporary zones of customs control in the region of activity of the Office
2.1. Temporary customs control zones are created by decision of the head of customs or a person replacing him, without agreement with the customs control organization service of the Administration (hereinafter referred to as the SOTK of the Administration) in the following cases:
- when carrying out operational-investigative measures, carrying out inquiries and other actions of the customs authorities provided for by the customs legislation of the Russian Federation;
- in case of customs clearance of goods and vehicles intended for holding exhibition events, the 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 Regulations on customs control and customs clearance of goods intended for holding exhibition events";
- when transferring, in accordance with the established procedure, a specific consignment for safekeeping to a direct recipient located in the region where the customs operates;
- upon receipt of goods transported by rail to the places of delivery (destination stations) where there are no temporary storage warehouses (hereinafter referred to as temporary storage warehouses), and if it is impossible to place such goods and vehicles at the nearest temporary storage warehouses that have access railways from the destination station;
- in other cases, for the period of customs clearance and customs control of a separate consignment located outside the established place of customs clearance, in the absence of the possibility of placing it in the customs control zone of temporary storage warehouses.
2.2. Coordination of the decision of the head of customs or the person replacing him on the creation of the FTZTK is carried out with the SOTK of the Department upon receipt of goods transported to the places of delivery by car, in cases where:
- structural subdivision the customs office 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 operation;
- zone of customs control of temporary storage warehouse (premise, open area, warehouse area), located at the location of the customs authority that performs customs clearance of goods and customs control ( the customs post, OTOiTK, having a departmental code), or in the region of its activity, does not allow to fully accommodate incoming goods and vehicles;
- VZTK is created outside the region of customs activity.
3. The procedure for agreeing with the SOTK of the Department of the decision on the creation of a temporary zone of customs control
3.1. In order to agree on the decision of the customs on the creation of a temporary customs control zone (TZTK), the following materials are sent to the SOTK of the Office:
- a letter from the customs with a reasoned justification for the reasons for the creation of the FZTC, containing a conclusion on the possibility of carrying out proper customs control at the proposed place of the creation of the FZTC;
- a draft order on the creation of the VZTK;
- a statement of an interested person with a reasoned request to establish a VZTK, indicating its exact address, area and an obligation to fulfill the requirements of the customs authority for arrangement, equipment, technical equipment, designation, organization of security, compliance with the established storage periods, accounting and reporting;
- constituent and registration documents of the person who applied for the establishment of the VZTK ( memorandum of association and / or charter, certificate of state registration, reference territorial subdivision 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 customs of the proposed place of creation of the FTZK with a conclusion on the possibility of its creation;
- plans (schemes, drawings) of the premises, territory, etc., indicating the proposed location of the VZTK and indicating its dimensions;
- documents (originals or copies certified in accordance with the established procedure) confirming the right of ownership or ownership of the premises, territory, etc., where the establishment of the VZTK is supposed;
- a draft procedure for the use of TCTS, or technological scheme use of the WZTK.
3.2. The Department of Control and Infrastructure Development of the SOTK Department checks the materials received from the customs for the validity and possibility of creating a VZTK, prepares a draft response to the customs and submits it for consideration and approval by the leadership of the SOTK Department.
4. Final provisions
4.1. In case of refusal to create an FTZTK, the customs office sends a written reasoned response to the applicant.
4.2. Upon receipt by the interested person of a reasoned opinion on the impossibility of creating an OTTC this person after the elimination of the shortcomings that served as the reason for the refusal, he has the right to re-apply to the relevant customs authority on the issue of creating an FTZTK.
4.3. Arrangement, equipment, technical equipment, designation and organization of the protection of the VZTK, as well as the provision of premises, means of communication and vehicles to the customs authority is carried out at the expense of the person interested in the creation of the VZTK.
Appendix 2
to the order of the Central
customs administration
dated January 21, 2003 N 38
SCROLL
TEMPORARY CUSTOMS CONTROL ZONES ESTABLISHED
ORDERS OF ____ CUSTOMS AS AGREED WITH THE DEPARTMENT
From 1 __________ 200_ to 30(31) __________ 200_
Annex 3
to the order of the Central
customs administration
dated January 21, 2003 N 38
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY CUSTOMS ORDERS ____ WITHOUT AGREEMENT WITH MANAGEMENT FROM 1 __________ 200_ TO 30(31) __________ 200_
Note. The list is compiled in Excel format.
Appendix 4
to the order of the Central
customs administration
dated January 21, 2003 N 38
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF ______ CUSTOMS AND OPERATING AS OF 1 __________ 200_
Note. The list is compiled in Excel format.
Customs control is carried out in the single customs territory of the Customs Union, in the customs control zones of border checkpoints, internal customs offices and customs posts.
The single customs territory of the Customs Union comprises the territories of the Republic of Belarus, the Republic of Kazakhstan, the Republic of Armenia, the Republic of Kyrgyzstan and the Russian Federation (land, air, water space), as well as exclusive economic zones and continental shelves of the Member States of the Customs Union, artificial islands, installations, structures and other objects in respect of which the member states of the customs union have exclusive jurisdiction.
The limits of the customs territory of the Customs Union, including the limits of states located in exclusive economic zones and on the continental shelves, are the customs border of the Customs Union.
Customs control zones
Customs control is carried out in the customs control zone. Customs control zones are places where goods are moved through customs border, territories of temporary storage warehouses, customs warehouses, duty-free shops and other places determined by the legislation of the member states of the Customs Union.
Customs control zones can be permanent in case of regular presence of goods subject to customs control in them, or temporary, in case they are created for customs inspection and (or) customs inspection of goods, cargo and other operations.
The decision to create a temporary zone of customs control is made by the head of the customs authority and is formalized by order (instruction) of the customs authority in the region of activity of which the specified zone is located. The order (instruction) on the creation of a temporary customs control zone must indicate the basis and purpose of creation, the date of creation and the period for which it is created, the means of designation used.
The limits of the customs control zone are indicated by rectangular signs, on a green background of which there is an inscription in Russian and English in white, respectively - "Customs control zone" and "Customs control zone". These signs are the main means of designating the customs control zone.
It is allowed to replace the inscription in English with an inscription in any other language that is appropriate for use when creating a specific customs control zone. The limits of the temporary zone of customs control may be marked with protective tape, as well as temporarily installed signs. In this case, the use of improvised materials and means is allowed.
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 border crossing point, a change in the place of storage of goods under customs control, a change in the place where customs operations are allowed, the termination of the grounds for requiring the allocation and designation of a part customs territory for the purpose of conducting 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 and the adoption of measures to remove the means of its designation and inform interested parties about its liquidation.
Responsibility for violation of the regime of the customs control zone is provided for in Article 16.5. Code of Administrative Offenses.
Movement of goods and (or) vehicles or persons, including officials of state bodies, with the exception of officials of customs authorities, across the border of the customs control zone or within it, or carrying out production or other economic activities without the permission of the customs authority, if such permission is required, -
shall entail a warning or the imposition of an administrative fine on citizens in the amount of three hundred to five hundred roubles; on officials - from five hundred to one thousand roubles; on legal entities- from five thousand to ten thousand rubles.
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