The procedure for organizing customs control zones. On the procedure for organizing temporary customs control zones during customs clearance of goods and vehicles
Article 217. The procedure for creation, termination of operation (liquidation) and designation of customs control zones, requirements for them
1. Places that are customs control zones are determined in accordance with Article 319 of the Union Code 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, in places of customs operations, in places of temporary storage of goods, unloading and reloading (transshipment) of goods, their customs inspection and customs inspection, in parking areas Vehicle 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 these territories exclusively for storing goods under customs control or performing other customs operations with such goods;
2) if in certain areas of the territory, water area, goods under customs control are primarily transported or stored, or other customs operations are carried out in relation to these goods, and restrictions 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 laws of the Union and the legislation of the Russian Federation on customs regulation.
4. A temporary customs control zone is created by decision of the head of the customs post or a person authorized by him, and when carrying out customs control after the release of goods and in accordance with parts 4 and 5 of Article 214 of this Federal Law, by the decision of the head customs authority carrying out customs control or a person authorized by him. The specified decision is formalized 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 validity period, the border of the temporary customs control zone and the places of its crossing by persons, goods and vehicles, as well as the means of designation used.
5. The federal executive body exercising the functions of control and supervision in the field of customs, on the basis of a proposal from the customs authority whose region of activity includes the corresponding section of the territory of the Russian Federation, determines sections of the State border of the Russian Federation along which it is necessary to create customs control zones, and decides on the creation of such zones. The decision to create customs control zones along the State Border of the Russian Federation is formalized by a regulatory legal act of the federal executive body exercising control and supervision functions in the field of customs affairs, agreed upon 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 , in the territories of which the specified zones are created.
6. On the land portion of the territory of the Russian Federation, a customs control zone along the State Border of the Russian Federation can 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. In sea, river and lake areas 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. Customs control zones along the State Border of the Russian Federation are designated along its boundaries at points of intersection with transport routes, at places of crossing of the State Border of the Russian Federation by persons, goods and vehicles with signs containing the white inscription “Customs Control Zone” on a green background, made in accordance with technical 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 opened in accordance with the legislation of the Russian Federation, is made by the head of the customs office in the region of operation of which the checkpoint is located. Such a decision is formalized by an order of the head of customs, agreed upon with the federal executive body exercising control and supervision functions in the field of customs affairs. 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, storage, unloading and transhipment (transshipment) of goods under customs control, their customs inspection and customs inspection, parking places for vehicles transporting such goods.
10. When determining the border of the customs control zone, the opinion of the administration of the transport infrastructure facility within which the checkpoint across the State Border of the Russian Federation is established must be taken into account: the head of the seaport administration, the head of the basin authority government controlled on the inside water transport, airfield operator, head of the railway station (station). The opinion of the administration of the transport infrastructure facility, drawn up 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 control and supervision functions in the field of customs affairs.
11. The order of the head of customs on the creation of a customs control zone at the checkpoint must indicate:
1) location of the checkpoint;
2) the border of the customs control zone and the place of its crossing by persons, goods and vehicles.
12. The annex to the order of the head of customs on the creation of a customs control zone at the checkpoint must contain a graphical representation of the border and territory of the specified zone in the form of plans or maps.
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 whose activity the places and territories where customs control zones are created are located.
14. The decision to create a customs control zone, provided for in Part 13 of this article, is formalized by order of the head of customs, which must indicate:
1) location of the customs control zone;
2) the border of the customs control zone and the place of its crossing by persons, goods and vehicles;
3) means used to mark the border of the customs control zone.
15. The annex to the order of the head of customs on the creation of a customs control zone specified in Part 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 is indicated by rectangular signs, on a green background of which there is an inscription in Russian and English languages"Customs control zone". These signs are the main means of designating the customs control zone.
17. The customs control zone can be designated by applying the inscription “Customs control zone” in Russian and English directly on the fencing structures and walls of the premises that make up its perimeter. 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.
18. The designation of a customs control zone, with the exception of a customs control zone created in the waters of the territorial sea or within its limits, is made along the border of the customs control zone at the places where it intersects with transport routes, as well as at places where persons, goods and goods cross the border of the customs control zone. vehicles. When designating a customs control zone, additional boards may be used with information about its border, established places of crossing its border, a list of persons having access to the customs control zone, means of its designation and other circumstances related to its functioning. The boundary of the temporary customs control zone may be indicated by fencing tape, as well as temporarily installed signs. In this case, the use of improvised materials and means is allowed.
19. Customs control zones are liquidated in cases of a change in the location of the customs authority, 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 location of places where customs operations are carried out, unloading and reloading (transshipment) of goods, their customs inspection and customs inspection, parking of vehicles transporting goods under customs control. The decision to liquidate a customs control zone is formalized by order of the customs authority that created such a zone.
20. A temporary customs control zone is liquidated upon completion of the activities 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. The customs authority, after the liquidation of the customs control zone located in the region of its activity, takes measures to remove the means of marking it and inform interested parties about its liquidation.
22. In customs control zones, 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 transportation, unloading and transhipment (transshipment), storage of goods under customs control , organization and maintenance of parking for vehicles transporting such goods, maintenance of legal and individuals moving goods and vehicles across the State Border of the Russian Federation, with the construction, 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 engineering structures used for the movement of goods and vehicles across the State Border of the Russian Federation (including the construction of parking lots, installation of road barriers, road signs), is permitted with the permission of 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 their limits is allowed with the permission of customs authorities and under their supervision, except for the cases established by this Federal law and other federal laws.
24. The procedure for issuing (refusing to issue) the customs authority permit specified in Part 23 of this article is established by the federal executive body exercising the functions of control and supervision in the field of customs affairs.
25. Production and other economic activities carried out within the customs control zone should not interfere with the unhindered work of customs officials.
26. Production and other economic activities within the customs control zones established at checkpoints across the State Border of the Russian Federation are carried out taking into account the regime restrictions and requirements established at checkpoints across the State Border of the Russian Federation in accordance with the provisions of the legislation of the Russian Federation on the State Border Russian Federation.
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 whose activity the customs control zone is created, upon a written application from the interested person.
28. If a customs control zone is created on a territory (in a water area) owned by persons or leased, a permit to carry out production and other economic activities specified in part 27 of this article is issued with the consent of the owner (possessor) of the territory ( water area).
29. An application for permission to produce and other economic activities in the customs control zone must contain information about the type and nature of the activity that is expected to be carried out within the customs control zone, a list of persons who will carry out such activities, information about the planned period for carrying out such activities.
30. The head of the customs authority considers an application for permission to produce and other economic activities in the customs control zone and, if the proposed activity complies with parts 22 and this article, applies to the application the resolution “Production and other economic activities in the customs control zone are permitted until (date indicated)” . If a permit is refused, the application is accompanied by a resolution “Permission to carry out the declared activity is denied” indicating the reasons for the refusal.
31. The original application for permission to produce and other economic activities in the customs control zone is returned to the interested person, a copy of the application is stored at the customs authority.
32. The provisions of this article do not apply to the creation of customs control zones in buildings, 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.
Customs control zone - This is a specially allocated and designated part of the customs territory of the Russian Federation, created for the purpose of implementing customs control and ensuring compliance with the customs legislation of the Russian Federation.
Customs control zones can be created along customs border of the Russian Federation, in places of customs clearance, location of customs authorities and other places determined by regulatory legal acts of the State Customs Committee of Russia. Customs control zones are mandatory to be created at checkpoints across the State border of the Russian Federation and at places where goods and vehicles cross the customs border of the Russian Federation.
When creating free customs zones, when customs authorities issue licenses for the establishment of temporary storage warehouses, customs warehouses, free warehouses and duty-free shops, the territories of free customs zones, the territories and premises of these warehouses and duty-free shops acquire the status of customs control zones.
Customs control zones can be created on a permanent or temporary basis and, depending on this, be permanent or temporary. Permanent customs control zones are created in 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. The territories and premises of temporary storage warehouses, customs warehouses, duty-free shops, free warehouses and the territory of free customs zones are also permanent customs control zones.
Temporary customs control zones are created on territories, premises, on vehicles (including sea and aircraft, railway trains) where goods and vehicles subject to customs control are or may be located, if during such control it is necessary 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 by customs authorities of their functions.
The limits of the permanent customs control zone are indicated by rectangular signs, on a green background of which the inscription in Russian and English “Customs control zone” is written in white. The limits of the temporary customs control zone may be indicated by fencing tape, temporarily installed signage boards, display boards, and other information signs. In this case, the use of improvised materials and means is allowed. Oral notification is also possible.
Carrying out production and other commercial activities, the movement of goods, vehicles, persons, including officials of other government bodies, across the borders of customs control zones and within their limits is permitted only with the permission of the customs authorities of the Russian Federation and under their control, with the exception of a number of cases provided for by law. Access to customs control zones is permitted with prior notification to the customs authorities of the Russian Federation.
Violation of the regime of the customs control zone is a violation of customs rules and entails administrative liability under Art. 16.5 Code of Administrative Offenses of the Russian Federation.
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In order to strengthen customs control over goods and vehicles subject to customs clearance, to ensure unconditional compliance with 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 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, 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 organizing the work of customs authorities on the creation and use of customs control zones” I order:
1. Approve the Procedure for making decisions on the creation of temporary customs control zones in the region of activity of the Central Customs Administration (hereinafter referred to as the Procedure) in accordance with Appendix 1 to this order.
2. To the heads of customs (except for the Central Rear):
2.1. Eliminate 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 requests for the creation of temporary customs control zones.
2.3. Decisions on the creation of temporary customs control zones and the termination of their validity must be formalized 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 Management (hereinafter referred to as the Department's SOTC) in cases determined by the Procedure.
2.5. Submit information in accordance with Appendices 2-4 to this order to the Department's STC before the 5th day of the month following the reporting month.
2.6. Organize on an ongoing basis 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 infrastructure of the Sotk Department V.G. Onishchenko to provide:
3.1. Consideration within five working days of materials sent by customs and submission to the management of the SOTC Department of conclusions on the creation of temporary customs control zones.
3.2. Maintaining records of temporary customs control zones created by customs.
3.3. Conducting an analysis of information provided by customs in accordance with the requirements of clause 2.5 of this order, and submitting proposals to the management of the SOTC Department on the procedure for the functioning of temporary customs control zones.
4. Entrust control over the implementation of this order to the first deputy head of the Department - head of the customs control organization service R.S. Mukhutdinova.
Head of Department
Lieutenant General of the Customs Service
A.E. Zherikhov
Annex 1
to the order of the Central
customs department
dated January 21, 2003 N 38
ORDER
MAKING DECISIONS ON THE CREATION OF TEMPORARY CUSTOMS ZONES
CONTROL IN THE REGION OF OPERATIONS OF THE CENTRAL
CUSTOMS ADMINISTRATION
1. General Provisions
1.1. A customs control zone is a specially allocated and designated part of the customs territory of the Russian Federation, created for the purpose of implementing customs control and ensuring compliance with the customs legislation of the Russian Federation.
1.2. Temporary customs control zones (hereinafter - TZTC) are created in territories, in premises where goods and vehicles subject to customs control are or may be located, if during such control it is necessary to determine a customs control zone based on the need to ensure the safety of such goods and vehicles , as well as the unhindered performance by customs authorities of their functions.
1.3. The creation of a VZTK for the purpose of carrying out customs clearance of goods and vehicles outside designated places must be considered as an exceptional measure used in cases where delivery of goods to places designated for their customs clearance is impossible or difficult due to specific features goods, is associated with significant unproductive costs, may lead to damage to the goods or 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 its journey to the established place of customs clearance.
1.4. The arrangement, equipment and technical equipment of the VZTK must exclude the possibility of the entry 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 to the design, arrangement and equipment of the VZTK.
1.6. Organizations (enterprises) interested in creating a VZTK must provide free of charge for customs officials the premises, communications equipment and vehicles necessary for customs control and customs clearance, equipped in accordance with the requirements.
1.7. The validity period of the VZTK must correspond to the timing and nature of the events that necessitated the creation of such a zone.
2. The competence to make decisions on the creation of temporary customs control zones in the region of operation of the Department
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 Department (hereinafter referred to as the Department of Customs Control) in the following cases:
- when carrying out operational investigative activities, conducting inquiries and other actions of customs authorities provided for by the customs legislation of the Russian Federation;
- at customs clearance goods and vehicles intended for carrying out exhibition events, customs clearance of which is carried out in accordance with 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 exhibition events”;
- when transferring, in accordance with the established procedure, a specific consignment of goods for safekeeping to the direct recipient located in the region of customs activity;
- upon receipt of goods moved by rail to delivery points (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 railway tracks from the destination station;
- in other cases, for the duration of customs clearance and customs control of a separate consignment located outside the established place of customs clearance, if it is not possible to place it in the customs control zone of the temporary storage warehouse.
2.2. Coordination of the decision of the head of customs or the person replacing him on the creation of the VZTK is carried out with the STC of the Department upon receipt of goods transported at the delivery points 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 activity;
- customs control zone of temporary storage warehouse (room, open area, territory of a warehouse), located at the location of the customs authority that carries out customs clearance of goods and customs control (customs post, QTOiTC, having a departmental code), or in the region of its activity, does not allow for the full placement of arriving goods and vehicles;
- VZTK is created outside the region of customs activity.
3. The procedure for approving the decision on the creation of a temporary customs control zone with the Department of Transport and Communications Control
3.1. In order to approve the customs decision on the creation of a temporary customs control zone (TCZZ), the following materials are sent to the Department of Customs Control:
- a letter from customs with a reasoned justification for the reasons for the creation of the VZTK, containing a conclusion on the possibility of implementing proper customs control at the proposed place of creation of the VZTK;
- draft order on the creation of VZTK;
- an application from 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 arrangement, equipment, technical equipment, designation, organization of security, compliance with established storage periods, accounting and reporting;
- constituent and registration documents the person who submitted the application for the creation of the VZTK ( memorandum of association and/or charter, certificate of state registration, certificate from the territorial division of the State Statistics Committee of Russia, certificate of registration with tax authority, certificate from an authorized bank confirming the presence of a foreign currency or ruble account);
- an act of inspection by customs of the proposed place of creation of the VZTK with a conclusion on the possibility of its creation;
- plans (diagrams, drawings) of the premises, territory, etc., indicating the proposed location of the VZTK and indicating its dimensions;
- documents (originals or certified according to established order copies) confirming the right of ownership or possession of premises, territory, etc., where the creation of a VZTK is proposed;
- draft procedure for using VZTK or technological scheme use of VZTK.
3.2. The Department for Control and Development of Infrastructure of the Sotk Customs Department checks the materials received from 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 a VZTK, customs sends a written reasoned response to the applicant.
4.2. When an interested party receives a reasoned conclusion about the impossibility of creating a VZTK this person after eliminating 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 a VZTK.
4.3. Arrangement, equipment, technical equipment, designation and organization of security of the VZTK, as well as the provision of premises, communications and vehicles to the customs authority is carried out at the expense of the person interested in creating the VZTK.
Appendix 2
to the order of the Central
customs department
dated January 21, 2003 N 38
SCROLL
TEMPORARY CUSTOMS CONTROL ZONES CREATED
BY ORDERS OF ____ CUSTOMS IN CONSENT WITH THE MANAGEMENT
From 1 __________ 200_ TO 30(31) __________ 200_
Appendix 3
to the order of the Central
customs department
dated January 21, 2003 N 38
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY CUSTOMS ORDERS ____ WITHOUT CONSENT WITH THE ADMINISTRATION FROM 1 __________ 200_ TO 30(31) __________ 200_
Note. The list is compiled in Excel format.
Appendix 4
to the order of the Central
customs department
dated January 21, 2003 N 38
LIST OF TEMPORARY CUSTOMS CONTROL ZONES CREATED BY ORDERS OF ______ CUSTOMS AND EFFECTIVE AS OF 1 __________ 200_.
Note. The list is compiled in Excel format.
What are customs control zones and what are they for? Customs control of goods takes place in accordance with the code of the country that carries it out. Customs control is carried out by customs authorities at control points or locations where cargo that crosses the border resides.What are customs control zones?
The control zone is the territory through which goods transported across the Russian border must pass. As a rule, zones are designed specifically to store cargo for some time and carry out operations on it. It is in these areas that inspections, searches and actions required by law must be carried out. However, there are a number of actions carried out without organizing control zones by customs authorities. This is, for example:- Inspections that cargo undergoes as part of an on-site inspection customs inspection or when stopping a vehicle.
- Customs inspections carried out during an on-site inspection.
Where do such zones form?
As a rule, legislation clearly regulates the formation of customs control zones. They can be created:- Directly near the US state border.
- Where customs clearance is carried out.
- Where goods are handled, processed and inspected.
- Where temporary storage of goods is carried out.
- Where vehicles that transport goods that are subject to customs control in accordance with the law are stopped and idle.
- In other territories determined by law.
Temporary zones of control by customs authorities
To create a non-permanent zone, it is extremely important to obtain a decision on this, issued in writing. It must belong to the head of the customs authority. The reason for making such a decision may be:- Carrying out customs control in places other than those intended for this purpose.
- If it is necessary to carry out an inspection or inspection of cargo that was found by customs officers outside the control zones carried out by the customs authorities.
