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Information Federal laws FZ number 311-FZ 27.10.2010 Federal Law № 311-FZ 27.10.2010 - Section IV - The import of goods into the Russian Federation and their export from the Russian Federation

Federal law number 311-FZ 27 2010 November year

On Customs Regulation in the Russian Federation

(Adopted by the State Duma, the 19.11.2010 24.11.2010 approved by the Federation Council of)
(Published in "Rossiyskaya Gazeta" number 269 (5348) from 29.11.2010, and in the Assembly of the Russian Federation legislation on the number 48 29.11.2010, Art. 6252. Entry into force See. Art. 325 of this Act)

Attention! Changes, see .:
Federal law number 162-FZ 27.06.2011 of
Federal law number 200-FZ 11.07.2011 of
Federal law number 409-FZ 06.12.2011 of

Section IV - The import of goods into the Russian Federation and their export from the Russian Federation

Chapter 22. The main provisions on the import of goods into the Russian Federation and their export from the Russian Federation

§ 193. Place of importation of goods into the Russian Federation
1. Import of goods to the Russian Federation directly from the territories of states that are not members of the Customs Union should be carried out at the points of arrival specified in Article 156 of the Customs Code of the Customs Union, which are checkpoints across the State Border of the Russian Federation, during the work of customs authorities. The Government of the Russian Federation is entitled to determine checkpoints across the State Border of the Russian Federation for the arrival of certain categories of goods in the Russian Federation, and also establish, in accordance with the legislation of the Russian Federation on the State Border of the Russian Federation, cases and procedures where goods may be arriving in the Russian Federation elsewhere, Not being places of arrival in accordance with the Customs Code of the Customs Union.
2. Import of goods to the Russian Federation from countries that are not members of the Customs Union through the territories of the member states of the Customs Union placed on arrival in the customs territory of the Customs Union under the customs procedure for transit can be carried out at any places along the route of the carrier in the place specified by the customs office of departure Delivery of goods, except in the case of establishing a route for the carriage of goods in accordance with Article 217 of the Customs Code of the Customs Union as a measure Ensuring compliance with customs transit.
3. Import of goods into the Russian Federation from the territory of states - members of the Customs Union in the case of not specified in subsection 2 of this article may be carried out in any area.
4. The provisions referred to in paragraphs 2 and 3 this Article do not relieve the carrier from compliance with the restrictions established by the legislation of the Russian Federation in order to ensure traffic safety, security, movement of goods, which are subject to special rules for their transportation and other purposes not related to the legislation of the Russian Federation of customs Affairs.

§ 194. Duties of the carrier when importing goods into the Russian Federation from the territory of a State not a member of the Customs Union
1. When importing goods into the Russian Federation from the territory of a State not a member of the Customs Union, the carrier shall:
1) to deliver the goods to the place of stay or any other place, as determined in accordance with Article 1 193 part hereof;
2) to produce the goods to the customs authority;
3) submit to customs authorities the documents and information, a list of which is established in Article 159 of the Customs Code of the Customs Union;
4) to submit certificates, permits, licenses or other documents confirming compliance with the established prohibitions and restrictions, if in accordance with the customs legislation of the Customs Union or the Russian Federation such documents to be submitted to the customs authority in the place of arrival;
5) make customs operations involving the placement of goods in temporary storage or a customs declaration in accordance with the customs procedure, according to the customs legislation of the Customs Union and the legislation of the Russian Federation on customs.
2. The actions referred to in paragraphs 4 and 5 1 part of this article may make any interested person.
3. In case of accident, force majeure or other circumstances, interrupting the delivery of goods to the place of arrival, the carrier is obliged to take measures stipulated by article 157 of the Customs Code of the Customs Union.
4. On behalf of the carrier documents and data at the point of arrival can be presented to the customs authority by any person acting on behalf of the carrier.
5. In the case of submission of the customs authority in the place of arrival standard traffic (transport) documents, the form and content of which is established by international agreements in the field of transport, a party to which the Russian Federation, the translation of such documents into the Russian language is not required, if the documents are written in English or another foreign language envisaged as an international standard preparation of transport (transport) documents.

§ 195. Export of goods from the Russian Federation
1. Except as provided in part 3 of this article, the export of goods from the Russian Federation outside the customs territory of the Customs Union shall be carried out at the places of departure specified in Article 162 of the Customs Code of the Customs Union, which are checkpoints across the State Border of the Russian Federation, and while working Customs authorities. The Government of the Russian Federation has the right to determine checkpoints across the State Border of the Russian Federation for the departure of certain categories of goods from the Russian Federation, and also establish, in accordance with the legislation of the Russian Federation on the State Border of the Russian Federation, cases and procedures where goods may fall from the Russian Federation in other places, Not being places of departure in accordance with the Customs Code of the Customs Union.
2. At the departure of goods from the Russian Federation, the carrier is obliged to submit to customs authorities the documents and information provided for in Articles 159 163 and Customs Code of the Customs Union. On behalf of the carrier's documents and information may be submitted by any other person acting on behalf of the carrier.
3. In cases where the departure of the goods from the customs territory of the Customs Union will be carried out from the territory of other states - members of the Customs Union, the movement of such goods from the Russian Federation on the territory of the State - a member of the Customs Union can be in any place, unless otherwise stipulated by the Government.
4. Export of goods from the Russian Federation in the cases provided for in paragraphs 1 and 3 of this article is permitted after the customs declaration and carrying out other operations necessary for placing goods under the customs procedure and release of goods, except for electricity export of power transmission lines in accordance with Article 313 hereof.
5. The export of goods having the status of goods of the Customs Union in accordance with the Customs Code of the Customs Union from the Russian Federation to the Member States of the Customs Union is carried out without restrictions provided by the customs legislation of the Customs Union and the legislation of the Russian Federation on customs matters, unless otherwise established by international treaties of the Russian Federation And the legislation of the Russian Federation. The provisions of this part do not exempt persons exporting goods from the Russian Federation from compliance with the requirements of the legislation of the Russian Federation in the field of export control, the currency legislation of the Russian Federation and other requirements established by the legislation of the Russian Federation.

§ 196. Actions customs authorities using preliminary information
1. Preliminary information provided to customs authorities in accordance with Article 42 of the Customs Code of the Customs Union is used for its study, analysis and conduct of verification activities prior to the submission of goods to the customs authorities for the purpose of selecting objects of control and conducting the release of goods or making other binding decisions with respect to goods , Which are not subject to control in accordance with the risk management system, in a shorter period than is provided for by the customs legislation There conjugated Union and the Russian Federation on customs legislation.
2. Procedure of customs officials by using advance information established by the federal executive body authorized in the field of customs affairs, unless otherwise established by the customs legislation of the Customs Union.

Chapter 23. Temporary storage of goods

§ 197. General provisions on the temporary storage of goods
The contents of the temporary storage of goods, rights and obligations of persons having authority in relation to goods and their representatives, the terms of temporary storage established by Articles 167, 170 171 and Customs Code of the Customs Union.

§ 198. Temporary storage of goods
(See explanation. In a letter FCS of Russia № 01-11 / 9497 03.03.2011 from the city)
1. In accordance with article 168 of the Customs Code of the Customs Union are places of temporary storage warehouses of temporary storage and other places following the temporary storage:
1) warehouse of the customs authority;
2) warehouse of the consignee in the cases provided for in Article 200 hereof;
3) room, outdoor area and other areas of the authorized economic operator in accordance with paragraph of Article 1 1 86 part hereof;
4) separate rooms in places of international postal exchange in accordance with article 2 317 part hereof;
5) storage unearned or unclaimed baggage, transported in the aviation and railway passenger transportation contract;
6) the place of unloading and reloading (transshipment) of goods within the territory of the sea (river) ports;
7) specially equipped place of unloading and reloading (transfer) of foreign goods within the restricted territory of the airport, provided that the place of import of such goods into the Russian Federation and the place of their export from the Russian Federation are the same;
8) railways and container sites, located in the agreed with the customs authorities within the field of railway stations and intended for temporary storage of goods without unloading of vehicles;
9) space defined by other federal laws or acts of the Russian Federation.
2. Place the temporary storage of goods is a permanent or temporary customs control zone established in accordance with Article 163 hereof.
3. Temporary storage of goods in other places of temporary storage of goods in the cases provided for in paragraphs 2, 4 - 8 1 part of this article, is carried out with the written permission of the customs authority, issued at the request of the person concerned. Permission for temporary storage of the goods in other places can be a one-time (for temporary storage of certain consignments) or general (for periodic temporary storage of foreign goods in a certain period).
4. Conditions and procedure for granting permission for the temporary storage of the goods in other places, including the requirement to provide security for the payment of customs duties and taxes shall be determined by the federal executive body authorized in the field of customs.
5. To the person who obtained a permit for temporary storage of goods in other places of temporary storage of goods, is given the responsibility stipulated in the articles 4 and 5 200 this Federal Law for the consignee in the implementation of temporary storage of goods recipient.
6. The customs body refuses to issue a permit for temporary storage of goods in other places of temporary storage of goods in case of repeated (two or more times) involvement of this person within one year prior to the day of applying to the customs authority to administrative responsibility for administrative offenses in the field of customs, 16.1, 16.2, 1, 16.9, 16.11, and parts of 16.13 and 16.14 of Article 16.19 of the Code of Administrative Offenses of the Russian Federation, except that Varies imported by rail, if their temporary storage is carried out by the carrier on the railway tracks.
7. The federal executive body authorized in the field of customs, establishes the order of documents and information to the customs authorities when goods are placed in temporary storage areas and other places for the temporary storage of goods, order room (delivery) of goods in temporary storage (warehouse) and other temporary storage of goods for temporary storage of goods in order to ensure customs control.

Article 199. Customs operations involving the placement of goods in temporary storage
1. When goods are placed in temporary storage persons of authority in relation to the goods or their representatives present to the customs authorities the documents specified point 1 169 articles of the Customs Code of the Customs Union.
2. Documents required for placing goods in temporary storage, shall be submitted to the customs authority not later than three hours after the completion of the customs transit (presentation of goods to customs authorities at the place of arrival).
3. The customs authority shall record the documents submitted for placing goods in temporary storage, no more than one hour after their adoption. From the date of registration by the customs authority of documents submitted for placing goods in temporary storage, such goods are in temporary storage.

Article 200. Temporary storage of goods recipient
1. Temporary storage of goods the consignee may be in the following cases:
1) the need for temporary storage of goods requiring special storage conditions, if in sufficient proximity to the place of receipt of the goods is no temporary storage adapted to store such goods;
2) if the recipient of the goods are public authorities or institutions.
2. In granting permission for temporary warehousing consignee customs authority may require the payment of customs duties and taxes, except if the recipient of the goods are public authorities or institutions.
3. In stock consignee storage of foreign goods owned by third parties is not allowed.
4. Recipient of the goods is obliged to ensure the safety of goods, non-fulfillment operations with the goods without the permission of customs authorities. Customs authorities have the right to prevent the substitution of goods or performance of transactions with unresolved overlay stamps and seals on the packaging of the goods or the premises where they are stored.
5. Recipient of the goods is obliged to submit to customs authorities reports on goods in temporary storage in accordance with parts 4 - 8 article 177 hereof. In case of loss of goods, transfer them to third parties without the permission of the customs authorities recipient of the goods is obliged to pay customs duties and taxes in accordance with Article 172 Customs Code of the Customs Union.

Article 201. Storage of goods in bonded warehouses Customs
1. Temporary storage warehouses customs warehouses are open and must comply with the requirements of Article 1 71 part hereof.
2. When goods are stored in warehouses of temporary storage of customs bodies, the relations of customs authorities with persons placing goods in these warehouses are carried out in accordance with this Federal Law and the Civil Code of the Russian Federation. The contract concluded by the customs body with the person placing goods in the temporary storage warehouse of the customs authority shall be subject to the requirements of the civil legislation of the Russian Federation established for the public contract. The refusal of the customs authority to conclude such an agreement, if it is possible to carry out the storage of goods, is not allowed. Acceptance of goods for storage by the customs authority shall be certified by issuing to the person who placed the goods in the temporary storage warehouse of the customs authority a receipt in the form determined by the federal executive authority authorized in the field of customs. (See the order of the FCS of the Russian Federation No. 73 from 13.01.2011 and the order of the Federal Customs Service of the Russian Federation No. 635 from 25.03.2011)
3. The rights, duties and responsibilities of the customs authorities in connection with the storage of goods by these bodies derive from the nature of the obligations in accordance with the general regulations on the storage of the civil legislation of the Russian Federation, subject to the provisions established by this Federal Law.
4. Storage of goods in temporary storage warehouse of the customs authority pay customs duties in accordance with Chapter 14 hereof.

Article 202. Placing of goods in temporary storage by the customs authorities
1. Items may be placed in temporary storage by the customs authorities in the cases provided for in Articles 168, 183 and 189 hereof.
2. When goods are placed in temporary storage by the customs authorities with the owner sign a contract in the order determined by the Government.
3. Fee for storage of goods and damages the owners of temporary storage is done by persons identified in Part 1 article 168, part 10 183 articles and parts of articles 5 189 hereof.
4. In cases where the costs for storage of goods are reimbursed from the sums received from the sale of goods or from the federal budget, expenses are reimbursed on the basis of the prices (tariffs) of the owner of the temporary storage warehouse that are valid during the storage period, declared in a public offer or used at the conclusion Contracts for the storage of goods requiring similar storage conditions, and in the absence of documentary confirmation of the indicated rates (tariffs) - within the limits of documented costs, s owner of a temporary storage warehouse for storage of goods. The procedure for reimbursing the owner of temporary storage warehouses is established by the Government of the Russian Federation.
5. If the person whose goods have been placed in the temporary storage warehouse by the customs authorities has reimbursed the costs of storing them at the time of delivery of goods from the warehouse, and in accordance with Article 183 of this Federal Law, the storage costs shall be reimbursed from the federal budget, To the person in the order established by the Government of the Russian Federation, within the limits determined in accordance with part 4 of this article. The refusal of the customs authorities to reimburse the expenses or their partial repayment may be appealed in accordance with the procedure established by the legislation of the Russian Federation.
Attention! Provision for reimbursement of Customs expenses (costs) incurred by the person in connection with the storage of goods in respect of which in the course of the customs inspection is not a violation of the customs legislation of the Customs Union within the Eurasian Economic Community and (or) the law of the Russian Federation on customs, approved by the Government RF № 704 from 19.08.2011 city