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July 30 2019

New norms of the Customs Code of the Eurasian Economic Union (EEU)

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New norms of the Customs Code of the Eurasian Economic Union (EEU)

1 January 2018 of the year entered into force TC EAEU. The new document is designed to ensure unified customs regulation on the territory of the Eurasian Economic Union (EAEU), simplification of customs formalities and the creation of more comfortable conditions for participants in foreign economic activity. Thus, the EAEU Customs Committee provides for the possibility of minimizing the participation of officials: all decisions - from registration of a customs declaration to release of goods - can be taken by the information system automatically, without the participation of an inspector.

The deadline for the release of goods by the new code is significantly shortened, and instead of the previously established one working day, customs must release the goods within four hours after the registration of the declaration. The EAEU Customs Code also provides for the following innovations:

the possibility of filing a goods declaration without submission of documents confirming the information stated in it, which in turn may be requested by the information system in the event of the risk profile triggered;
the possibility of making changes to the declaration prior to the release of the goods, if by this time the declarant has not requested the documents, the declarant has not been informed about the inspection or appointment of the examination;
the possibility of obtaining a preliminary decision on the application of methods for determining the customs value;
improvement of the institution of an authorized economic operator;
the opportunity for any participant of foreign economic activity to take advantage of the deferment of payment of import customs duties with the payment of interest for a period not exceeding one month. Deferral can also be granted for up to six months without paying interest in cases established by national law.

New norms of customs legal relations established by federal law

3 August 2018, the federal law No. 289-FZ “On Customs Regulation in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” was adopted. It establishes the peculiarities of customs regulation in Russia in accordance with the reference rules of the Customs Committee of the EAEU. Meanwhile, the federal law on 27.11.2010 No. 311-FZ “On Customs Regulation in the Russian Federation” will not cease to have its effect, and some of its provisions will continue to operate for a certain time. For example, the provisions on the authorized economic operator will apply to legal entities that have received this status in accordance with the previous Customs Code of the Customs Union.

The provisions of the new law are designed to improve customs administration and simplify the implementation of customs operations. In priority - interaction with customs authorities using electronic technologies. For example, the possibility of contacting the customs authority through the Single Portal of State and Municipal Services is provided. This innovation provides an opportunity to receive preliminary decisions on the application of methods for determining the customs value of goods, as well as on the origin and classification of goods.

The procedure for monitoring the customs value

27 March 2018 was decided by the Board of the Eurasian Economic Commission (EEC) № 42 "On the peculiarities of the customs control of the customs value of goods imported into the customs territory of the Eurasian Economic Union".

Regulations on the specifics of customs control over the value of goods imported into the customs territory of the EAEU include:

the right of customs to use information that is comparable with information on imported goods and obtained from government or trade missions of the EAEU Member States and from organizations, including professional associations, transport, insurance companies, suppliers, manufacturers of imported, homogeneous, identical goods;
signs of an inaccurate determination of the customs value, in particular, revealing a lower price for imported goods as compared with the price of the components from which the imported goods are produced; between independent parties to the transaction;
criteria when the circumstances described as signs of an inaccurate determination of the customs value are not considered as such: if the goods are imported under a foreign economic agreement, under which identical goods were previously imported under the same conditions of the transaction (price of goods, delivery terms).
22 May 2018, the EEC Collegium, adopted decision No. 83 “On the calculation of additional charges when determining the customs value of goods”. The document specifies the procedure for including additional costs incurred by the buyer in the customs value of imported goods.

Products and resources covered by the smuggling article

October 22 The Russian government has made changes to the list of strategic goods and resources. The list of objects, the illegal movement of which across the customs border of the EAEU or the state border of the Russian Federation with the member states of the EAEU entails criminal liability under Art. 2018 of the Criminal Code included:

articles of precious metals;
products made of precious stones and natural pearls;
wrist and pocket watches, as well as other items designed to be worn on or with you, including stopwatches with a case made of precious metal or metal clad with precious metal;
watch cases made of precious metals;
watch straps, bands and bracelets for watches made of precious metals;
ores and concentrates of precious metals.
First of all, these changes should be paid attention to individuals entering or leaving Russia and having with them personal jewelry or watches that meet the established criteria.

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