Customs inspection, customs inspection, personal inspection as forms of customs control
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Customs inspection of goods and vehicles
This form of customs control is used during an external visual inspection by an authorized official of goods, luggage of individuals, vehicles, cargo containers, customs seals, seals and other means of identifying goods, without opening the vehicle or its cargo spaces and breaking the packaging of goods.
Customs inspection of goods is carried out in order to obtain confirmation of information about the nature, origin, condition and quantity of goods under customs control, about the presence of customs seals, stamps and other means of identification on goods, vehicles and their cargo spaces.
At the same time, customs inspection of goods and vehicles is carried out in the absence of the declarant, other persons with authority in relation to the goods, and their representatives, except for cases where these persons express a desire to be present at the customs inspection.
Customs inspection of goods and vehicles can be carried out using technical means that provide visualization of the internal structure of the inspected object and otherwise inform about the presence of specific physical characteristics of such an object.
Based on the results of the customs inspection of goods and vehicles, a customs inspection report is drawn up in the form established by the decision of the Customs Union Commission, if the results of such an inspection will be used for customs purposes or at the request of a person with authority in relation to the goods.
Sample form of a customs inspection (inspection) report
Decision of the Customs Union Commission of May 20, 2010 No. 260 (page 4)
Sample forms of Orders for customs inspection, Notifications of customs inspection, Requirements for the presentation of goods, Requirements for operations in relation to goods and vehicles, as well as the Customs Surveillance Report can be found in Order of the Federal Customs Service of the Russian Federation dated October 25, 2011 No. 2199.
Customs inspection of goods and vehicles
Customs inspection of goods is a form of control when officials of the customs authority conduct an inspection of goods and vehicles associated with the removal of seals, seals and other means of identifying goods, opening the packaging of goods or the cargo space of a vehicle or containers, containers and other places where or there may be goods.
When making a decision on customs inspection of goods or vehicles, a customs official is obliged to notify the declarant or other person with authority in relation to this goods or vehicle about this decision.
Conducting a customs inspection in the absence of the declarant, as well as other authorized persons, is possible only with the participation of two witnesses in the following cases:
— failure of the specified persons to appear after the deadline for filing the customs declaration; - the existence of a threat to state security, public order, human life and health, animals, plants, the natural environment, the preservation of cultural values and in other urgent circumstances (flammable substances, explosive objects, explosives, poisonous, dangerous chemical and biological substances, narcotic drugs, psychotropic, potent, poisonous, toxic, radioactive substances, nuclear materials, etc.); — sending goods by IPO (international mail); — leaving goods and vehicles on the customs territory of the Customs Union in violation of the customs regime providing for their export.
If some of the goods specified in the customs declaration as goods of the same name were subjected to customs inspection, the results of such inspection apply to all such goods specified in the customs declaration. The declarant or another person with authority in relation to such goods has the right to demand additional customs inspection of the remaining part of the goods if he believes that the results of the inspection cannot be extended to all goods.
Based on the results of the customs inspection of goods and vehicles, a customs inspection report is drawn up in two copies in the form established by the decision of the Customs Union Commission. The customs inspection report shall contain the following information:
1) information about the officials of the customs authority who carried out the customs inspection of goods and vehicles, and the persons present during the inspection; 2) the reasons for conducting a customs inspection in the absence of the declarant or other person with authority in relation to the goods; 3) results of customs inspection of goods and vehicles; 4) other information provided for in the form of the act.
The second copy of the act is given to the declarant or authorized person.
Personal inspection
Personal inspection is an exclusive form of customs control, which is applied by a customs official to an individual, if there is reason to believe that the individual crossing the customs border of the Customs Union is hiding on his person and does not voluntarily release goods prohibited for import into the customs territory of the Customs Union and removal from this territory, or moved in violation of the established procedure.
The decision to conduct a personal search is made by the head of the customs authority, or his deputy, in writing.
Before the start of a personal search, a customs official is obliged to announce to an individual the decision to conduct a personal search, familiarize him with his rights and obligations, and also offer to voluntarily hand over hidden items.
The fact of familiarization of an individual with the decision to conduct a personal customs inspection is certified by the specified person by means of an appropriate inscription on the decision to conduct such an inspection. In case of refusal to perform such actions, a note about this is made on the decision to conduct a personal customs inspection, certified by the signature of a customs official.
The customs official must be of the same gender as the person being inspected. The search is carried out in the presence of two witnesses, who must be of the same sex as the person being searched, in a separate isolated room.
Access to the premises of other individuals and the possibility of observing the conduct of personal customs inspection on their part must be excluded. Examination of the body of the person being searched should be carried out only by a medical professional using, if necessary, special medical equipment.
During the personal customs inspection of a minor or incapacitated individual, his legal representatives (parents, adoptive parents, guardians, trustees) or persons accompanying him must be present.
The person being searched is obliged to comply with the requirements and orders of the customs official conducting the personal search. However, a personal search must be carried out in a correct manner, excluding humiliation of personal dignity or causing harm to the health of the person being searched or his property.
During a personal search, an individual has the right:
- demand that a decision to conduct a personal search be announced to him; — become familiar with your rights and obligations; - give explanations, make petitions; - voluntarily hand over goods hidden on oneself and transported across the customs border in violation of the customs legislation of the Customs Union; — get acquainted with the personal search report, make statements to be included in the report; — use your native language or the services of an interpreter; — appeal the actions of customs officials after the completion of the personal search.
Based on the results of the personal search, a report is drawn up in two copies, in the form approved by the decision of the Customs Union Commission. This act must be drawn up during the personal customs inspection or immediately after its completion.
The act is signed by the official of the customs authority who conducted the personal customs inspection, the individual in respect of whom the inspection was carried out, or his legal representative or the person accompanying him, attesting witnesses, and during the examination - by a medical worker.
Sample form of a personal search report
Decision of the Customs Union Commission of May 20, 2010 No. 260 (page 10)
Additionally on the topic:
General provisions of customs control. Key terms used
Risk management system (RMS)
Forms of customs control. Checking documents and information, oral questioning, obtaining explanations and customs surveillance as forms of customs control
Checking the labeling of goods, inspecting premises and territories, recording goods under customs control, and checking the system of goods accounting and reporting as a form of customs control
Customs inspection: desk and field customs inspection, rights and responsibilities of officials carrying out the inspection
Types and methods of customs control
Creation of customs control zones, requesting documents and information, customs identification of goods and vehicles as methods of customs control
The procedure for appointing and conducting customs examinations and research. Rights and obligations of the expert and the declarant. Taking samples
Use of information resources. Operation of technical means
When using publication materials, an active hyperlink to https://customsexpert.ru is required.
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Article 116. Customs inspection
Article 116. Customs inspection
[TK TS] [I.
General] [Section 3] 1. Customs inspection - actions of customs officials associated with opening the packaging of goods or cargo space of a vehicle or containers, containers and other places where goods are or may be located, in violation of the customs seals placed on them or other means of identification, disassembly, dismantling or violating the integrity of the inspected objects and their parts by other means.
2. A customs official authorized to conduct a customs inspection shall notify the declarant or another person with authority in relation to the goods of the place and time of the customs inspection, if these persons are known. The start time of customs inspection must take into account the reasonable time of arrival of such persons.
The declarant, other persons with authority in relation to goods, and their representatives have the right, on their own initiative, to be present during customs inspection, except for the case established by paragraph 4 of this article.
3. Customs inspection carried out during customs inspection of premises and territories and (or) during on-site customs inspection may be carried out without creating customs control zones.
4. At the request of officials of the customs authority, the declarant or other persons with authority in relation to goods, and their representatives are obliged to be present during the customs inspection and provide the officials of the customs authority with the necessary assistance. In the absence of a representative specifically authorized by the carrier, this is the individual driving the vehicle.
5. The customs authority has the right to conduct customs inspection in the absence of the declarant, other persons with authority in relation to goods, and their representatives in the following cases:
1) if the specified persons fail to appear or such persons are unknown;
2) if there is a threat to national (state) security, human life and health, animals, the emergence of an epizootic situation, the environment, the preservation of objects of the national cultural heritage of the member states of the customs union and under other urgent circumstances, including if there are signs , indicating that the goods are flammable substances, explosive items, explosive, poisonous, dangerous chemical and biological substances, narcotic drugs, psychotropic, potent, poisonous, toxic, radioactive substances, nuclear materials and other similar goods, if the goods emit an unpleasant odor ;
3) when sending goods by international mail;
4) when leaving goods on the customs territory of the Customs Union in violation of the customs procedure providing for their export.
6. Customs inspection, in the cases specified in paragraph 5 of this article, is carried out in the presence of 2 (two) witnesses.
7. Based on the results of the customs inspection, a customs inspection report is drawn up in 2 (two) copies in the form established by the decision of the Customs Union Commission. The customs inspection report shall contain the following information:
1) information about the officials of the customs authority who conducted the customs inspection and the persons present during its conduct;
2) the reasons for conducting a customs inspection in the absence of the declarant or other person with authority in relation to the goods;
3) results of customs inspection;
4) other information provided for in the form of the act.
8. The second copy of the customs inspection report is handed over (sent) to the person with authority in relation to the goods, or to his representative, if this person has been identified.
