Customs regulation after September 4, 2021. New opportunities and risks


VIRTUAL CUSTOMS CUSTOMS AND LOGISTICS PORTAL

13.12.21

Federal Customs Service of Russia data on Russian exports and imports for January-October 2021

According to customs statistics, in January-October 2021, Russia's foreign trade turnover[1]
amounted to $627.8 billion and increased by 36.7% compared to January-October 2020.

The trade balance was positive in the amount of $149.0 billion, which is $64.2 billion more than in January-October 2021.

Russia's exports[2] in January-October 2021 amounted to $388.4 billion and increased by 42.8% compared to January-October 2020. The share of non-CIS countries accounted for 86.9%, and the CIS countries – 13.1%.

The basis of Russian exports in January-October 2021 has traditionally been fuel and energy goods, the share of which in the commodity structure of exports amounted to 53.8% (in January-October 2021 - 51.0%). In the commodity structure of exports to non-CIS countries, the share of these goods was 58.1% (in January-October 2021 - 55.5%), to the CIS countries - 25.8% (24.0%). Compared to January-October 2021, the value volume of fuel and energy goods increased by 51.0%, and the physical volume by 0.7%. In the export of goods of the fuel and energy complex, physical volumes of electricity increased by 1.9 times, kerosene - by 22.0%, coal - by 9.1%, natural gas - by 5.7%. At the same time, the physical volumes of supplies of motor gasoline decreased by 26.1%, crude oil - by 4.7%.

In the total value of exports, the share of metals and products made from them in January-October 2021 amounted to 11.2% (in January-October 2020 - 10.0%). In the commodity structure of exports to non-CIS countries, the share of these goods was 10.6% (in January-October 2020 - 9.3%), to the CIS countries - 14.8% (14.3%). Compared to January-October 2021, the value volume of goods exports increased by 1.6 times, and the physical volume by 13.0%. The physical volumes of exports of ferrous metals increased by 12.9%, including semi-finished products from iron and non-alloy steel - by 19.4%, flat rolled products from iron and non-alloy steel - by 15.1%, cast iron - by 1.3%. Supply of copper and copper alloys decreased by 19.6%.

The share of exports of chemical industry products in January-October 2021 amounted to 7.6% (in January-October 2021 - 7.3%). In the commodity structure of exports to non-CIS countries, the share of these goods was 6.5% (in January-October 2021 - 6.1%), to the CIS countries - 14.5% (14.2%). Compared to January-October last year, the value of exports of these products increased by 48.6%, and the physical volume - by 4.6%. The physical volumes of exports of plastics and products made from them increased by 17.4%, rubber and rubber - by 16.9%, fertilizers - by 6.7%, soap and detergents - by 3.3%, and the volume of supplies of pharmaceutical products decreased by 8.3%.

The share of exports of food products and raw materials for their production in the commodity structure of exports in January-October 2021 amounted to 7.2% (in January-October 2021 - 8.5%). In the commodity structure of exports to non-CIS countries, the share of these goods was 6.5% (in January-October 2021 - 7.7%), to the CIS countries - 12.4% (13.7%). Compared to January-October 2021, the value of supplies of these goods increased by 21.1%, and physical volumes decreased by 8.1%. The volume of supplies of fresh and frozen fish decreased by 16.2%, wheat and meslin - by 8.6%, barley - by 14.7%, sunflower oil - by 17.1%, poultry meat - by 0.4%. At the same time, the physical volumes of exports of milk and cream increased by 22.1%, cheeses and cottage cheese - by 19.9%, fresh and frozen meat - by 19.1%, fresh and frozen pork - by 14.1%.

The share of exports of machinery and equipment in January-October 2021 amounted to 6.3% (in January-October 2021 - 7.0%). In the commodity structure of exports to non-CIS countries, the share of these goods was 4.5% (in January-October 2021 - 4.9%), to the CIS countries - 18.5% (19.0%). Compared to January-October 2021, the value of goods exports increased by 29.3%. The value of supplies of electrical equipment increased by 40.4%, mechanical equipment - by 23.5%, optical instruments and apparatus - by 16.7%, land transport means, except railway - by 10.1%. Physical volumes of deliveries of passenger cars increased by 42.3%, and trucks - by 11.5%.

The share of exports of timber and pulp and paper products in January-October 2021 amounted to 3.6% (in January-October 2021 - 3.8%). In the commodity structure of exports to non-CIS countries, the share of these goods was 3.4% (in January-October 2021 - 3.6%), to the CIS countries - 5.0% (4.8%). The value of exports of this product group increased by 37.7%, while the physical volume remained at the level of the same period last year. The physical volumes of supplies of plywood increased by 5.1%, unprocessed timber - by 0.3%, while the physical volumes of exports of newsprint paper decreased by 17.3%, lumber - by 5.2%.

Russia's imports[3] in January-October 2021 amounted to $239.4 billion and increased by 27.8% compared to January-October 2020. The share of non-CIS countries accounted for 89.4%, and the CIS countries – 10.6%.

In the commodity structure of imports, the largest share fell on machinery and equipment - 49.4% (in January-October 2021 - 47.1%). In the commodity structure of imports from non-CIS countries, the share of these goods was 52.8% (in January-October 2021 - 50.3%), from the CIS countries - 20.7% (21.2%). The value of imports of these products increased by 34.4% compared to January-October 2021, including mechanical equipment - by 27.3%, electrical equipment - by 21.3%, instruments and optical apparatus - by 6.1 %. The physical volume of imports of passenger cars increased by 1.6 times, trucks – by 1.5 times.

The share of chemical industry products in the commodity structure of imports in January-October 2021 amounted to 18.1% (in January-October 2021 - 18.3%). In the commodity structure of imports from non-CIS countries, the share of these goods was 18.7% (in January-October 2021 - 18.8%), from the CIS countries - 13.6% (13.9%). Compared to January-October 2021, the value of imports of chemical industry products increased by 26.9%, and the physical volume - by 5.8%. At the same time, the physical volumes of supplies of pharmaceutical products increased by 28.7%, rubber, plastics and products made from them - by 11.5%, rubber and products made from them - by 11.3%, organic and inorganic chemical products - by 2. 8%, soaps and detergents – by 2.6%. Fertilizer supplies decreased by 1.0%.

The share of imports of food products and raw materials for their production in January-October 2021 amounted to 11.5% (in January-October 2021 - 12.9%). In the commodity structure of imports from non-CIS countries, the share of these goods was 10.2% (in January-October 2021 - 11.4%), from the CIS countries - 22.2% (25.3%). The value and physical volumes of imports increased by 14.3% and 5.1%, respectively. Supplies of sunflower oil increased by 13.0%, fresh and frozen fish - by 10.6%, citrus fruits - by 6.9%, cheeses and cottage cheese - by 5.6%. At the same time, the physical volumes of supplies of milk and cream decreased by 25.9%, fresh and frozen meat by 15.6%, and butter by 5.1%.

The share of metals and products made from them in the commodity structure of imports in January-October 2021 was 6.9% (in January-October 2020 – 7.0%). In the commodity structure of imports from non-CIS countries, the share of these goods was 5.7% (in January-October 2020 - 6.1%), from the CIS countries - 17.0% (13.7%). The value volume of this product group increased by 27.1% compared to January-October 2020, and the physical volume by 4.1%. The physical volumes of supplies of fastening fittings and accessories increased by 16.3%, metal structures made of ferrous metals - by 12.2%, flat rolled iron and non-alloy steel - by 6.2%. Physical volumes of pipe imports decreased by 14.2%.

The share of textiles and footwear in January-October 2021 was 6.0% (in January-October 2021 – 6.6%). In the commodity structure of imports from non-CIS countries, the share of these goods was 5.7% (in January-October 2021 - 6.5%), from the CIS countries - 8.0% (7.7%). The value volume of goods in this group increased by 15.3%, and the physical volume – by 13.2%.

The share of imports of fuel and energy goods in January-October 2021 remained at the level of the same period in 2021 and amounted to 0.8%. In the commodity structure of imports from non-CIS countries, the share of these goods remained at last year’s level and amounted to 0.5%, from the CIS countries – 3.2% (3.3%). The value volume of this product group increased by 33.3% compared to the same period last year, while the physical volume decreased by 1.1%.

In the country structure of Russia's foreign trade, the share of the European Union in January-October 2021 accounted for 35.8% of Russian trade turnover (in January-October 2021 - 34.1%), APEC countries - 33.9% (34.1% ), for the CIS countries - 12.1% (13.0%), for the EAEU countries - 8.8% (9.1%).

Russia's main trading partners in January-October 2021 among non-CIS countries were: China, trade turnover with which amounted to $112.4 billion (134.0% compared to January-October 2021), Germany – $46.1 billion. USA (138.5%), Netherlands - $37.0 billion (160.0%), USA - $28.8 billion (146.0%), Turkey - $25.7 billion (152.0%), Republic of Korea - $24.4 billion (159.9%), Italy - $23.7 billion (147.0%), United Kingdom - $21.3 billion. USA (99.9%), France - $17.5 billion (167.7%), Poland - $17.4 billion (149.3%).

Trade volumes with CIS countries in January-October 2020-2021 are given below:

million US dollars

A COUNTRY EXPORT IMPORT
January-October 2021 January-October 2021 January-October 2021 January-October 2021
AZERBAIJAN 1670,7 1808,2 647,9 790,1
ARMENIA 1367,9 1495,7 514,3 562,7
BELARUS* 13398,6 18617,7 10775,5 13024,7
KAZAKHSTAN 11382,0 14741,4 4038,4 5770,4
KYRGYZSTAN 1194,2 1661,5 192,5 263,2
MOLDOVA 771,7 1260,2 294,2 327,9
TAJIKISTAN 649,6 885,9 28,3 75,9
TURKMENIA 570,9 621,3 294,8 107,6
UZBEKISTAN 13.12.21

Alexander Yastrebov introduced the new head of Omsk customs to the Governor of the Omsk region

In Omsk, a working meeting was held between the head of the Siberian Customs Administration, Alexander Yastrebov, and the head of the Omsk Customs, Konstantin Starodubtsev, appointed in November 2021, with the head of the region, Alexander Burkov. The parties discussed priority projects in the Omsk region, including the creation of the Avangard special economic zone and the holding of the World Ice Hockey Championship among youth teams.

Introducing the head of the Omsk customs to the Governor, the head of the STU noted that before this appointment, Konstantin Starodubtsev headed the Chita customs and in his last place of service he had proven himself to be positive, as evidenced by the awarding of the rank of major general to him by the President of the country. “All tasks that are set for Omsk customs in cooperation with the regional authorities will be completed,” said Alexander Yastrebov.

Governor Alexander Burkov emphasized that interaction with the department has been established.

“We are glad to welcome you to Omsk land, the place of state service. We have a good team at Omsk customs, and the high appreciation of the contribution of the previous head, Sergei Zinchenko, is also a merit of the team with whom you will work. The regional Ministry of Economics always works in contact, there are no failures in interaction. The number of participants in foreign economic activity has increased this year,” noted the head of the region.

Also, as part of the working trip, the head of the STU held a meeting with the heads of departments of the Omsk Customs, at which the main results of work in 2021 and tasks for 2022 were reviewed.

It was noted that in January-September 2021, the foreign trade turnover of the Omsk region increased by 23.5% compared to the same period in 2021 and, taking into account mutual trade with the EAEU countries, amounted to 1020.9 million US dollars. Exports increased by 32% and amounted to 697.9 million US dollars, the value of imports increased by 8.3% and amounted to 323 million US dollars. Foreign economic activity in the region is carried out by more than a thousand companies registered with the territorial tax authorities of the Omsk region.

At the end of the working visit to the Omsk customs, the head of the STU presented the sign and certificate “Master of Sports of Russia” in shooting from small arms to the head of the customs special unit, Oleg Khmara, and wished him success in his service, as well as new sporting achievements.

STU press service

13.12.21

A request to Murmansk customs can be sent through State Services

Russians can now receive advice on customs legislation through the State Services portal at several customs authorities in the North-West: Murmansk, Karelian, Pskov, St. Petersburg and North-Western electronic customs.
Murmansk customs was included in the list of customs authorities that have access to the Unified Portal of state and municipal authorities to provide public services for advising persons on customs matters and other issues within the competence of customs authorities in electronic form.

Thus, legal entities and individuals, using the services of the State Services portal, can send a request to the Murmansk Customs for consultation.

This opportunity is currently available only on the State Services website. When using the State Services mobile application, after searching for the keywords “customs consulting” in the “Information about acts of customs legislation...” tab that appears, the system will prompt you to go to the State Services website to continue filling out a request for consultation in electronic form.

Legal department specialists monitor requests for consultation using a software tool associated with the State Services portal, which allows them to quickly register incoming requests and control the timing of responses to pending requests.

The use of an electronic option for consultation makes the process transparent, both for citizens and for customs authorities - in this case, the request will be received with the signature and data of the applicant for feedback and sending a response.

Since the beginning of this year, 30 applicants (individuals and legal entities) have contacted Murmansk Customs for advice orally or in writing.

Press service of North-West Technical University

13.12.21

Almost 1.5 billion rubles were added by Far Eastern customs officers based on the results of inspections after the release of goods in 2021

Almost 1.5 billion rubles of customs duties, penalties, disposal fees, and fines were assessed by Far Eastern customs officers based on the results of inspections after the release of goods for 11 months of 2021.
More than 600 million rubles were collected from the state treasury, which is 33% higher than the figure for the same period in 2021. In total, officials of the customs control units, after the release of goods from the customs of the Far East in 2021, carried out 674 verification activities: 249 customs inspections and 425 other forms of customs control.

The effectiveness of customs inspections conducted on the basis of information about the presence of signs of violation of international treaties and acts that constitute the law of the EAEU in the field of customs regulation, and the legislation of the Russian Federation on customs regulation, amounted to 94%.

743 cases of administrative offenses were initiated (1.6 times less than in the same period in 2021) and 19 criminal cases (the same as in 2021). Customs officers opened 366 cases of administrative offenses and 5 criminal cases based on the results of monitoring the reliability of information declared by declarants when exporting timber. Over the 11 months of 2021, 23 inspections were carried out against timber exporters, an additional 80.7 million rubles were assessed, and 23.5 million rubles were recovered. Another 23.4 million rubles were accrued by the tax authorities based on the results of joint audits.

Thus, during a desk customs inspection carried out by Khabarovsk customs, it was established that a participant in foreign economic activity when exporting timber incorrectly indicated their value, in particular, transport costs for delivering goods to the customs border of the EAEU were not taken into account. Based on the results of the customs inspection, the amount of additional customs duties and penalties amounted to 11.5 million rubles.

The Far Eastern region is characterized by the movement of vehicles, self-propelled equipment from Japan, the Republic of Korea, China, as well as components and spare parts for them.

One of the checks carried out by Nakhodka customs employees on the basis of their own analytical work concerned the correct classification by a foreign trade participant of models of new pneumatic rubber tires and tires made in China. The declarant classified them as “New pneumatic rubber tires and tyres: - for vehicles and machines used in construction, mining or industry”, with a customs duty rate of 5%.

During the customs inspection, information was obtained about the properties, characteristics and scope of application of the tires. As a result, it was established that imported tires should be classified in the subposition “New pneumatic rubber tires and tires - for buses or motor vehicles for the transportation of goods” with a customs duty rate of -10%.

In addition, it was necessary to take into account the anti-dumping duty, which ranges from 14.79 to 35.35 percent of the customs value, depending on the manufacturer of the goods. In this case, the anti-dumping duty is 19.52%.

According to the results of the desk customs audit, the total amount of customs duties, anti-dumping duties, and penalties unpaid by the foreign trade participant amounted to 26.3 million rubles. The amount has been recovered in full.

Press service of DVTU

13.12.21

Ruslan Davydov took part in the International Export Forum “Made in Russia” 2021

First Deputy Head of the Federal Customs Service Ruslan Davydov took part in the session “What is Russia ready to offer the world in the field of e-commerce?”, held as part of the International Export Forum “Made in Russia” 2021. On
December 24, the Order of the Russian Ministry of Finance on the re-import procedure comes into force goods sold abroad through marketplaces. A unique identification number (UIN) assigned to a product will allow you to quickly and accurately identify the product, exempting the exporter from paying customs duties when returning such a product.

“The main issue was ensuring that re-imported goods are identified by customs authorities to confirm that this particular product was previously exported. The new rules contain a clear algorithm and identification tools that will allow exporters to offer a convenient and understandable service to their foreign consumers. The package of documents required to return goods includes two documents - an invoice for the export of products and a return invoice, both must contain the UIN. The assignment of a UIN must be provided by online platforms or an online store. The Federal Customs Service of Russia, together with the REC, is already working with a number of marketplaces interested in implementing this mechanism,” noted Ruslan Davydov.

According to information from online platforms, on average the percentage of returns of goods sold through online trading channels reaches up to 25%. To re-import them, three components are required: a unique identification number printed on the packaging, an export invoice and a “return” invoice.

If the company has AEO status, i.e. provides customs authorities with access to its accounting systems, then there is no need to provide invoices. This is an additional incentive for companies to obtain AEO status and export goods through online trading channels.

Reference:

The number of export international postal items processed by customs authorities is increasing starting in 2021. For example, in 2021, about 3 million units were issued. MPO, in 2021 and 2021 - about 4 million pieces. MPO, in 2020 - almost 5 million pieces. MPO. In 2021 - already more than 5 million units. MPO.

Press service of the Federal Customs Service

10.12.21

Resumption of international rail passenger traffic between Russia and Finland

In October 2021, railway workers of the two countries made a proposal to resume international rail passenger traffic between Russia and Finland from December 12, 2021. Two pairs of Allegro trains are planned per day on the route St. Petersburg - Helsinki.

The appointment of four high-speed Allegro trains per day, seven days a week is being considered, which is half the traffic volumes before the pandemic. International rail passenger traffic between the Russian Federation and the Republic of Finland has been suspended due to the spread of the new coronavirus infection COVID-19 since March 19, 2020.

Currently, in preparation for the resumption of international rail passenger traffic, a number of coordination councils of checkpoints, workshops and seminars have been held.

It should be noted that only a certain category of citizens will be able to cross the border at Allegro, subject to strict compliance with sanitary and epidemiological requirements.
Passengers are advised to check with the competent authorities of Russia and Finland about the conditions for crossing the border before purchasing a ticket and starting their trip. In connection with the planned resumption of high-speed trains "Allegro", Vyborg Customs reminds:
In accordance with the Order of the Government of the Russian Federation dated May 19, 2009 No. 671-r, in order to ensure high-speed rail passenger traffic, in particular, border and customs control is allowed for international passenger transportation by rail transport on the section between the stations St. Petersburg - Finlyandsky - Vyborg and in the opposite direction.

10.12.21

The head of Yekaterinburg customs spoke about the growth of container traffic

The discussion of the problems of developing container transportation in the Urals took place within the framework of the exhibition-forum on logistics and commercial transport Translogical Ural at the Ekaterinburg-EXPO International Exhibition Center.
The head of the Yekaterinburg customs, Evgeniy Gorokhov, took part in the consultation session “Container Trajectory of the Region”. Since the beginning of the year, out of almost 1.5 million tons of cargo, 1.2 million tons of foreign goods have been delivered by rail to the Urals. The largest flow of goods is recorded in the Sverdlovsk region. Of the 42.3 thousand shipments, a third arrived by rail - 16.7 thousand. Compared to last year, the growth of container traffic in the region amounted to 11%. The growth in the traffic of foreign cargo by rail is primarily associated with the growth of multimodal delivery methods: containers from Southeast Asian countries are delivered on sea vessels to the ports of the Far East, where they are reloaded onto railway platforms.

The volume of export cargo transported by rail increased by a third over the year. Thus, 65 thousand tons of cargo, registered under 1,800 transit declarations, left the region on the rolling stock of the railway. The main volume of cargo placed under customs transit accounts for goods sent to the Kaliningrad region and the EAEU member states (Kyrgyzstan and Armenia).

“Another player will join the two railway terminals operating today in the near future. Under these conditions, Yekaterinburg customs must ensure maximum speed in closing customs transit and carrying out customs operations within the framework of declaring goods. Customs control should not become an obstacle to the development of the container transportation market in the Urals,” explained the head of the Yekaterinburg customs, Evgeny Gorokhov.

Information from Ekaterinburg customs:

For 9 months of 2021, the customs authorities of the region placed 1,771 consignments of goods under TPTT, of which:

— movement from one part of the EAEU to another part, through the territory of a foreign state, of 867 consignments (432 to the Kaliningrad region, 413 to Kyrgyzstan, 22 to the Republic of Armenia);

— transportation of foreign goods through the customs territory of the EAEU — 904.

UTU Press Service

10.12.21

The management of the Ural Customs Administration got acquainted with the interface and functionality of the CPS “Workplace of a customs authority specialist”

Training sessions at the Ural Electronic Customs (UET) are held with enviable regularity. However, this time new knowledge was acquired by unusual listeners - for several hours, representatives of the management staff of the Ural Customs Administration studied the work of the new software.

The Federal Customs Service of Russia attaches great importance to the development of the Unified Automated Information System of customs authorities; the near future is the introduction of a centralized version of the customs clearance system. “The manager and the subordinate must speak the same language. Therefore, it is important for me and my colleagues to know how the interface of the issuing inspector’s workplace is implemented, what actions and tools are available to the inspector in accordance with the business process of customs operations,” commented the head of the Ural Customs Department, Alexey Frolov.

UET officials familiarized the head of the Department and his deputies with the interface and functionality in the CPS “Workplace of a customs authority specialist.” They demonstrated to their colleagues the possibilities of separating user powers in the functionality of the program and introduced them to the implementation of interface solutions that ensure that officials use a single software tool and functions in accordance with the roles assigned to the user.

UTU Press Service

10.12.21

CTU: a webinar on pre-trial dispute resolution was held

On December 9, 2021, a webinar was held live on the YouTube channel of the Central Customs Administration on the topic: “Pre-trial dispute resolution, its advantages and trends in eliminating violations in the field of customs regulation.”
During the webinar, the advantages of pre-trial settlement of disputes between the customs authority and the participant in foreign trade activities were discussed. The head of the legal department of the Central Electronic Customs, Mikhail Voronin, examined the most common situations.

During the broadcast, Mikhail Germanovich answered questions received during the webinar.

Press service of CTU

09.12.21

Results of the work of the SEC of the Kaliningrad Regional Customs for 11 months of 2021

One of the priority areas of activity of the Anti-Corruption Service (ACS) of the Kaliningrad Regional Customs continues to be the implementation of a set of preventive measures aimed at creating conditions that preclude the commission of illegal acts of a corruption nature both by customs officials located in the Kaliningrad region and on the part of participants in foreign economic activity (FEA).
Over the 11 months of 2021, at the initiative of the Investigative Committee of the Kaliningrad Regional Customs, investigative authorities opened 20 criminal cases of corruption, of which 16 were related to receiving or giving bribes. At the same time, it is worth noting that the share of the total number of criminal cases against unscrupulous participants in foreign economic activity – bribe-payers – has increased in 2021.

So, in 2021, for giving a bribe to officials of the Kaliningrad Regional Customs in relation to 8 bribe-payers under Art. 291 of the Criminal Code of the Russian Federation, 7 criminal cases were initiated. For comparison, in 2020, based on the materials of the SPK under Art. 291 of the Criminal Code of the Russian Federation, 2 criminal cases were initiated. “The bribers, being representatives of participants in foreign trade activities and pursuing their own selfish interests, transferred illegal monetary rewards to customs officials for expedited customs clearance of declarations for goods,” said the head of the anti-corruption service, Konstantin Nikolaevich Aksenchik.

Thus, bringing unscrupulous participants in foreign economic activity to criminal liability for giving a bribe contributes to the formation of a negative attitude towards the commission of corruption crimes in customs authorities.

09.12.21

2,500 tons of New Year's products and Christmas balls were cleared by importers from the Moscow region at the Moscow Regional Customs

Since the beginning of 2021, the Electronic Declaration Center of the Moscow Regional Customs has processed 2,500 tons of goods for the New Year and Christmas holidays, including decorative New Year's items, tinsel, Christmas tree decorations and sets of balls.
The number of imported goods increased by 24% compared to 2021. The peak of imports occurred from September to November, during which time 90% of all goods were processed. Just like last year, China became the main importing country of Christmas tree decorations and decorations; large quantities were also imported from the Netherlands and Finland.

REFERENCE:

At the Electronic Declaration Center of the Moscow Regional Customs, which is located in the south of the capital, about 3 thousand declarations for goods are processed daily. The main volume is occupied by goods imported from abroad by participants in foreign economic activity in the Moscow region.

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Customs regulation after September 4, 2021. New opportunities and risks

Our law firm began studying the draft Federal Law on customs regulation back in 2021, at which time our lawyers prepared a detailed analysis of the project.

It was planned that the new Federal Law would replace the old one simultaneously with the entry into force of the EAEU Customs Code, but this did not happen. After the EAEU Labor Code came into force, active work began on a new law at the sites of the Ministry of Finance and the State Duma Committee on Budget and Taxes. Coordination of a number of provisions of the new law between representatives of the Federal Customs Service and representatives of business was very difficult. But, nevertheless, we managed to find a compromise on a number of significant points. Let us note that the conclusion on the draft Federal Law of the State Duma Committee on Budget and Taxes was based on an analysis of the project prepared by our lawyers back in 2017.

So, we present an overview of the key innovations of the Federal Law of August 3, 2018 No. 289-FZ “On customs regulation in the Russian Federation and on amendments to certain legislative acts of the Russian Federation.”

Classification of goods

Article 15 of the Federal Law. The duty of customs authorities has been introduced to justify decisions taken on the classification of goods, indicating specific reasons.

Article 16 Federal Law. The procedure for making a decision on the classification of goods transported across the customs border of the Union in an unassembled or disassembled form, including in an incomplete or unfinished form, the import or export of which is supposed to be in different consignments over a specified period of time, has not been changed in comparison with the previous regulation. The deadline for making such a decision on classifications remained 90 days, although the business insisted on reducing this period.

Article 103 Federal Law. A restriction has been introduced that components of goods must be imported into the territory of the Russian Federation within the framework of one foreign economic transaction. Components of goods may be imported into the territory of the Russian Federation as part of several foreign economic transactions in cases and in the manner determined by the Government of the Russian Federation.

Article 18 Federal Law. The validity period of the preliminary decision on classification has been increased by two years; it was 3 years, now there are 5 children. The period for making a preliminary decision on classification has been reduced by 30 days, from 90 days to 60 days.

Customs value of goods

Article 23 Federal Law. A separate form of decision on customs value adjustment has been cancelled. Now such a decision is made in the form of a decision to amend the DT.

Article 25 of the Federal Law. The possibility of making a preliminary decision on the application of methods for determining the customs value of goods has been established. The Ministry of Finance must establish a procedure for adopting and issuing a preliminary decision, including the conditions and cases of issuing a preliminary decision, and the terms of its validity.

Customs duties, special, anti-dumping, countervailing duties

Article 30 Federal Law. Now at the stage of collecting customs duties, any third party can pay payments. However, such a person cannot demand a refund of the payments made. Previously, only persons who were in legal possession of these goods or who participated in the illegal movement of goods could pay such payments.

Article 35 of the Federal Law. A specific (limited) list of actions has been introduced that are considered as disposal of advance payments. For example, such actions could be: filing a DT and KDT, applying for a refund, etc. A specific time has been determined during which received advance payments must be reflected in the payer’s personal account (no later than four hours from the moment the chief administrator of federal budget revenues receives a bank statement). The deadline for submission by customs authorities of a report on the expenditure of funds has been reduced (twenty calendar days from the day following the day of receipt).

Article 36 Federal Law. A direct ban has been established on the assignment of the right to claim against customs authorities for the return of advance payments. The period for returning advance payments has been reduced to 10 working days from 30 calendar days.

Article 67 Federal Law. Documents have been established that must record the fact of excessive payment and excessive collection of the amount of customs duties (CDT, adjustment of customs duties, other documents). The day of detection of excessive payment is the day of registration of the relevant documents by the customs authority. Refunds of overpaid or overcharged payments are made without submitting a separate application and only in the form of offset against advance payments (no later than 3 days from the day following the day of discovery). Accordingly, you first need to make changes to the DT or other customs documents.

Let us note that the provisions of articles , , , are not yet applied; application is postponed until the entry into force of the international treaty.

Ensuring the fulfillment of the obligation to pay customs duties and taxes

Article 55 of the Federal Law It is established that if the release of goods is carried out before the completion of the inspection and (or) upon the appointment of an examination, then security is not provided if a declaration is submitted by a customs representative, subject to certain conditions.

Article 60 of the Federal Law The cash deposit can now only be returned in the form of an offset against advance payments. There are no refunds to bank accounts.

Collection of customs duties and other payments, the collection of which is entrusted to the customs authorities

Article 72 Federal Law. The amount of the penalty increases 3 times from 1/300 of the rate to 1/100 in relation to debt not repaid within the notice period. The penalty is accrued for the period from the expiration of the notification until the actual collection (bank guarantee, surety agreement, guaranteeing organization, etc.)

Now penalties are not charged:

  • for the period that begins from the day following the day of generation of the notification (clarification to the notification) until the day of fulfillment of the obligation to pay customs duties within the period specified in the notification;
  • if the obligation to pay customs duties is secured by a cash deposit;
  • if after release the customs authorities made a decision on classification and the composition of Part 2 of Art. 16.2. Code of Administrative Offenses of the Russian Federation and Art. 226.1 of the Criminal Code of the Russian Federation, etc.

Article 73 Federal Law. The requirement to pay customs duties is now called a notification of unpaid amounts of customs duties, special, anti-dumping, countervailing duties, interest and penalties. The deadline for execution of the notification is no more than 15 working days from the date of receipt, instead of the previously established 20 calendar days.

Article 75 Federal Law. Previously, a decision on an undisputed collection could be made within 60 days from the expiration of the deadline for payment of payments on the demand for payment. Now the decision must be made within 15 working days after the expiration of the notice of unpaid payments. In this case, violation of the deadline entails the recognition of such a decision on an indisputable penalty as invalid. In this case, the customs authority must apply to the court for recovery no later than 6 months from the date of expiration of the notice.

customs control

Article 228 Federal Law. The period of desk inspection was limited to 90 days.

Article 235 Federal Law. It has become possible to submit objections to the conclusions of the customs authority based on the results of a customs inspection, and these objections must be taken into account when making the final decision.

Article 226 Federal Law. A copy of the decision based on the results of the customs inspection is sent to the customs representative.

Article 237 Federal Law. An extract from the customs inspection report (desk, field) is sent to the customs representative.

Customs operations. Declaration. Procedures. Temporary storage

Article 85 Federal Law. The carrier's actions upon arrival of goods in the Russian Federation are described in detail. The deadline for recording notification of the arrival of goods by the customs authority has been established (10, 20 minutes). It is stated that the necessary actions upon arrival of goods can be performed by a customs representative on behalf of the carrier.

Article 86 Federal Law. In the process of performing customs operations, customs authorities may request the necessary information from other government authorities.

Article 87 Federal Law. Categories of goods in respect of which customs operations are carried out on a priority basis (perishable goods) are identified.

Article 130 Federal Law. During the validity period of the customs procedure for processing in the customs territory, a person who has received permission to process goods in the customs territory may transfer it with the permission of the customs authority to another Russian person, subject to certain conditions.

Article 90 Federal Law. New places for temporary storage of goods have been established: free warehouse; section of the sea (river) port water area; place of permanent or temporary residence of foreigners moving for permanent residence; duty free store warehouse.

Appealing decisions, actions (inaction) of customs authorities and their officials. Customs examination

Article 290 Federal Law. It is possible to file a complaint electronically (from 01/01/2022).

Article 292 of the Federal Law. It is now possible to suspend the appealed decision only if security is provided. The customs representative and the AEO can use their registry support. The deadline for acceptance of security by the customs authority is 7 working days from the date of receipt of the application for suspension. The simplified appeal procedure has been abolished.

Article 335 of the Federal Law. A restrictive period for conducting the examination has been established - no more than 4 months from the date of the decision to extend.

Intellectual property

Article 328 Federal Law. The insured amount under the contract of insurance of the risk of civil liability of the copyright holder for inclusion in TRIIS has been increased from 300,000 to 500,000 rubles.

Article 329 Federal Law. The maximum period for protection by customs authorities of the rights of the copyright holder to an object of intellectual property is established - 3 years.

Article 330 Federal Law. It is possible to obtain a preliminary decision on the inclusion of an intellectual property item in the customs register (before concluding a liability insurance contract).

Article 333 of the Federal Law. Two grounds for exclusion from TROIS have been added: alienation of an object of intellectual property and failure to comply with the deadlines for reporting changed information (5 working days).

Customs representative

Article 342 of the Federal Law. There is no condition for inclusion in the register of customs representatives (the presence of specialists in customs operations on staff). Previously, Article 13 of the Customs Code of the Customs Union and Federal Law 311 established the obligation to have at least two specialists in customs operations on the staff of a customs representative and at least one such specialist on the staff of a structural unit. Article 402 of the EAEU Customs Code relates the decision on such a condition for inclusion in the register of customs representatives as the presence of specialists on staff to national legislation. However, Federal Law 289 does not provide for such a condition.

  • Article 342 of the Federal Law. Inclusion in the register of customs representatives will be refused if the applicant is affiliated with persons who have an unfulfilled obligation to pay customs duties and taxes.
  • Article 346 of the Federal Law. There is a possibility of simplified re-inclusion in the register of customs representatives. If the obligation to pay customs duties is excluded for non-fulfillment (improper) and the obligation is nevertheless fulfilled before enforcement measures are taken. The Ministry of Finance is now developing such a procedure for simplified inclusion in the register (preliminary 5 days for an electronic application and 10 for a paper one, 45 days for the validity period of a bank guarantee).
  • Article 344 of the Federal Law Exclusion from the register is carried out on the grounds specified in Article 403 of the EAEU Labor Code. Two new grounds for exclusion have appeared: failure to fulfill the obligation to submit reports and failure (improper) fulfillment of the obligation to pay customs duties and taxes, regardless of the amount of such debt, previously it was 500,000 rubles. The decision on exclusion is subject to cancellation if the reasons that served as the basis for exclusion are eliminated within 7 working days from the date of exclusion for violations related to reporting and insurance and within 1 working day for violations related to the bank guarantee.
  • Article 346 of the Federal Law. An agreement for the provision of customs representative services can now be concluded not only with the declarant, but also with the forwarder, who is entrusted with the implementation of customs formalities by the declarant.
  • Article 346 The customs representative cannot pay customs duties in relation to vehicles imported by citizens for personal use.
  • Article 346 of the Federal Law. It has become possible not to fulfill the joint and several obligation if a decision of the court or the customs authority established that the customs representative did not know and should not have known about the illegality of import and when declaring forged documents were used, documents obtained illegally and having no legal force.
  • Article 348 of the Federal Law. The customs representative is obliged to publish tariffs on his website and report this to the Federal Customs Service.
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