Agreement between the Government of the Russian Federation, the Republic of Belarus and the Government of the Republic of Kazakhstan dated June 18 2010 year
The order of movement of goods by individuals for private use through customs border of the Customs Union and customs operations connected with their release
The agreement was ratified by the Federal Law № 60-FZ, the 05.04.2011
Attention! Amended, see below:
Minutes of 19.10.2011 on amendments and supplements to the Agreement on the procedure of moving goods by individuals for private use through customs border of the Customs Union and customs operations connected with their release on June 18 2010 year (passed the EurAsEC Interstate Council Decision № 95 from 19.10.2011 city )
Draft Protocol on Amendments to the Agreement on the procedure of moving goods by individuals for private use through customs border of the Customs Union and customs operations connected with their release on June 18 2010 year (adopted by the Commission Decision of the Customs Union of № 873 09.12.2011 city )
Belarus, Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, based on the provisions of the Treaty establishing a single customs territory and formation of the customs union of 6 2007 October, and the Treaty on the Customs Code of the Customs Union on November 27 2009 years, guided by the principles and norms international law, have agreed as follows:
1. This Agreement is determined by the order of the movement of natural persons across the customs border of the Customs Union (hereinafter - the customs border) goods for personal use, including vehicles, and customs operations connected with their release.
Procedure for moving goods by individuals for private use through customs border specifies: - criteria for classification of goods to goods for personal use - cost, quantity and weight standards movement of goods for the personal use of the exemption from payment of customs duties - exemptions from customs duties of certain categories of goods for personal use - order of customs duties and taxes on goods for personal use.
2. Relations arising in connection with the movement of goods by individuals for private use through customs border of which are not regulated by this Agreement shall be determined by the customs legislation tamozhennogomsoyuza and (or) the law of the Member State of the customs union.
3. Customs legislation of the customs union is determined by:
how to move individuals of cash (money) and (or) monetary instruments across the customs border;
especially across the customs border of goods for personal use, exported from the territory of the Kaliningrad region of the Russian Federation and imported to the customs territory of the Customs Union, including through the territory of a non-member of the customs union, as well as exported to the rest of the customs territory of the Customs Union and imported into the territory of the Kaliningrad region of the Russian Federation.
Article 2 - Terms used in this Agreement
1. For the purposes of this Agreement, the following terms and their definitions:
2. Other terms used in this Agreement shall apply to the values established by the customs legislation of the Customs Union and (or) the law of the Member States of the customs union.
Article 3 - The criteria for classification of goods across the customs border of goods for personal use
Article 4 - Prohibitions and restrictions on goods for personal use
Article 5 - Goods for personal use, under customs control
1. Goods for personal use imported into the customs territory of the Customs Union and subject to customs declaration (hereinafter - the declaration), in accordance with the Code and this Agreement shall be subject to customs control from the moment of crossing the customs border to:
2. Goods for personal use, to be exported from the customs territory of the Customs Union and subject to customs declaration in accordance with the Code and this Agreement shall be subject to customs supervision from the registration passenger customs declaration and before crossing the customs border.
Goods for personal use, to be exported from the customs territory of the Customs Union and not subject to customs declaration in accordance with this Agreement shall be subject to customs supervision from the moment of actions directly aimed at the implementation of the export of goods for personal use, and before crossing the customs border.
3. Goods for personal use, in paragraph 2 this article does not acquire the status of being under customs control before crossing the customs border in the cases:
turned over to the State of the customs union in accordance with the laws of that State;
destruction (irretrievable loss) due to an accident or force majeure, or due to natural loss under normal conditions of carriage (transportation) and storage.
4. Goods for personal use, for which, in accordance with this Agreement may be withheld declaration shall not be exempt from customs control, unless otherwise stipulated by the customs legislation of the Customs Union and (or) the law of the Member States of the customs union.
Article 6 - Movement of goods for personal use, using a system of dual corridor
1. In places of arrival in the customs territory of the customs union or a departure from the territory (hereinafter - the point of arrival or departure) can be applied, the double corridor.
"Green" Corridor is specifically identified in the places of arrival or departure of a place designed for the movement of natural persons across the customs border of goods in accompanied baggage for personal use, not subject to customs declaration, while the absence of such persons unaccompanied baggage.
"Red" is a specially designated corridor in places of arrival or departure place for moving individuals through the customs border in accompanied baggage of goods subject to customs declaration, as well as goods in respect of which the declaration at the request of the individual.
2. The list of places of arrival or departure, which use a system of double corridor, and the order of formation of such a list is determined by the competent authority of a Member State of the Customs Union, namely, the State Customs Committee of the Republic of Belarus - Belarus, the Ministry of Finance of the Republic of Kazakhstan - with the Kazakh side, Federal Customs Service - the Russian side. (See order FCS № 1471 from 09.08.2010)
3. Double corridor system can not be used in the halls of officials and delegations organized in places of arrival or departure.
4. Non-application of certain forms of customs control in the "green" corridor does not mean that individuals are exempt from the obligation to comply with the requirements of the customs legislation of the Customs Union and (or) the law of the Member State of the customs union.
5. Given the operational situation prevailing in the places of arrival or departure, in exceptional cases, by decision of the customs authority "green" corridor will be temporarily closed for the following individuals, transporting goods for private use through customs border.
Article 8 - Declaration of goods for personal use
1. Declaration of goods for personal use by individuals on their way through the customs border along with the presentation of goods to customs authorities.
Declaration of goods for personal use, with the exception sent by international mail, and placed under the customs procedure of customs transit shall be made in writing using the passenger customs declaration.
The form of the passenger customs declaration procedure for its completion, filing and registration are defined by decisions of the Customs Union.
A natural person may, in its desire to produce the declaration of goods for personal use, not subject to customs declaration in writing, using the passenger customs declaration.
2. Customs declaration in writing, shall be:
3. Declaration of goods for personal use made by the declarant or customs agents acting for and on behalf of the declarant.
Declaration of goods for the personal use of an individual who has not attained the age of sixteen, made by a person accompanying him (one of the parents, adoptive parents or guardians of the person, other accompanying person or representative of the carrier in the absence of accompanying persons, and in an organized exit (entrance) of minors without their parents, adoptive parents or guardians, or other persons - the team leader or representative of the carrier).
Declarant may be a natural person of a Member State of the customs union or a foreign person:
available at the time of crossing the customs border ownership, use and (or) disposal in respect of goods for personal use, transported as accompanied baggage;
transferor (transmitting) goods for personal use, including vehicles moved in unaccompanied baggage, the carrier for the actual movement across the customs border;
acting consignor of goods for personal use, sent by international mail;
to address that as the goods delivered by the carrier received the goods for personal use, including vehicles, or who sends out of the customs territory of the Customs Union of such goods;
next to the vehicle for personal use, through the customs border, belonging to him by right of possession, use and (or) disposal;
acquired the right to own, use and (or) disposal of the vehicle for personal use, in the customs territory of the Customs Union under Customs supervision, court orders, or inheritance;
having the right to own, use and (or) disposal with the vehicle for personal use, in the customs territory of the Customs Union under customs control;
having the right to move goods for the personal use of the exemption from payment of customs duties in the cases provided for in Annex 3 to this Agreement.
4. The customs declaration of moving goods for personal use in writing the declarant must:
5. As you move through the customs border of the coffins with bodies (remains) and ashes (ashes) died declaration by submitting a request in any form a person accompanying the coffin (remains) or urn with ashes (ashes) of the deceased, with the submission of the documents mentioned in the second and third parts of this paragraph.
In case of export from the customs territory of the Customs Union of coffins with bodies (remains) of the dead and the ashes (ashes), the following documents:
When imported into the customs territory of the Customs Union ashes (ashes) and coffins with bodies (remains) of the dead, the following documents:
Article 9 - Placement of goods for personal use under the customs procedure of customs transit
1. Under the customs procedure of customs transit may be placed in the following goods for personal use, transportable in accompanied baggage:
vehicles for personal use, not registered in the customs territory of the Customs Union and the foreign country;
goods for personal use, for which exemption from payment of customs duties in accordance with paragraphs 3 - 10 3 Section I of Annex to this Agreement when they are moved from the place of arrival to the customs office in the region where a permanent or temporary resident individual.
The procedure and conditions for placing goods for personal use under the customs procedure of customs transit determined by the customs legislation of the Customs Union and this Agreement.
2. When placing goods for personal use under the customs procedure of customs transit individual represents the transit declaration to the customs authority, and makes provision for payment of customs duties and taxes, unless otherwise specified in this Agreement.
3. In the carriage of goods for personal use, in accordance with the customs procedure of customs transit natural person acting as the declarant, has the same duties as the carrier, in accordance with the customs legislation of the customs union.
Article 10 - Release of goods for personal use
1. Customs operations related to the production of goods for personal use, are made in relation to:
goods for personal use (except for vehicles), conveyed by natural persons in accompanied baggage - in places of arrival or departure or customs authority in the region of which permanently or temporarily residing individual;
Goods for personal use (excluding transport vehicles), transported by individuals in unaccompanied baggage or as goods delivered by the carrier, at places of arrival or departure that are international sea (river) ports, airports or equivalent to them in accordance with the laws of the states Members of the customs union, or at the customs authority of destination (the place of delivery) located on the territory of the Member State of the customs union where the physical or physical person resides permanently or temporarily tso, or the customs body of departure;
vehicles for personal use, registered in a foreign country, they moved the following individuals - in places of arrival or departure or customs authority in the region of which permanently or temporarily resident individual;
vehicles for personal use, registered in a foreign country, conveyed by natural persons in unaccompanied baggage or as goods delivered by carrier - in places of arrival or departure, is an international sea (river) ports, airports or equal to them in accordance with the law Member States of the customs union, or the customs authorities of the destination (place of delivery) or the customs office of departure;
vehicles for personal use, not registered in a foreign country and the customs territory of the Customs Union, they moved the following individuals - in places of arrival in the territory of a Member State which is permanently or temporarily resident natural person, or the customs authorities in the region of permanently or temporarily resident individual, or in a place of departure;
Vehicles for personal use not registered on the territory of a foreign state and the customs territory of the customs union, transported by individuals in unaccompanied baggage or as goods delivered by the carrier - at points of arrival or departure, which are international sea (river) ports, airports or equated To them in accordance with the laws of the Member States of the customs union, or at the customs authority of destination (the place of delivery) located on the territory of the state rstva member of the Customs Union, which permanently or temporarily living individual, or in the customs body of departure;
goods for personal use (except for vehicles) moved in accompanied baggage, which are exempt from customs duties on the terms and conditions set forth in paragraphs 3 - 10 3 Section I of Annex to the Agreement:
2. Release of goods for personal use or for denying this release are made on the following dates:
- Immediately after the customs control of the movement of goods for personal use as accompanied baggage, except when the release of goods is not possible for reasons beyond the control of the customs authority in the place of arrival or departure;
- Not later than one business day following the date of registration of the passenger customs declaration, the customs authorities, in the region of which permanently or temporarily reside individual, or that the customs authorities in accordance with the provisions of this Agreement.
Extension of the release of goods for personal use in the procedure stipulated by the Code.
Article 11 - Restrictions on the use of goods for personal use after release
1. Customs fees are not paid in respect of goods for personal use, through the customs border of Annex 3 4 and to this Agreement.
2. Customs duties and taxes payable in respect of goods for personal use, through the customs border of Annex 5 to this Agreement in the amount specified by the application, except for the case when the other international agreement of the members of the customs union of these states have the right to establish other general rates of customs duties and taxes.
3. For the purpose of calculating the customs duties and taxes, the time of release and the amount of motor-cars, mototransportnyh funds is determined in accordance with the Annex to this Agreement 6.
Article 13 - Origination, termination of the obligation to pay customs duties and taxes on goods for personal use, with the exception of vehicles
1. The obligation to pay customs duties and taxes, calculated in accordance with this Agreement in respect of goods for personal use, subject to customs declaration in writing, through the customs border in accompanied and unaccompanied baggage, as well as goods that are delivered by the carrier, there is a declarant for registration by the customs authority passenger customs declaration;
2. The obligation to pay customs duties and taxes on goods for personal use, subject to customs declaration in writing, through the customs border in accompanied and unaccompanied baggage, as well as goods that are delivered by the carrier, stop by the declarant:
3. Customs duties and taxes payable to the release of goods for personal use at the market.
4. Customs duties and taxes on goods for personal use shall be calculated at the rate established by Section I - III 5 application to this Agreement.
5. Release of goods for personal use, transported in accompanied baggage, the customs authorities prior to enrollment of customs duties and taxes paid on goods for personal use, to the appropriate accounts.
6. Payment of customs duties on goods for personal use can be by bank transfer or in cash (money) in accordance with the legislation of the Member State of the customs union.
Article 14 - Origination, termination of the obligation to pay customs duties and taxes on vehicles for personal use
1. The obligation to pay customs duties in respect of vehicles for personal use:
2. Import duties, taxes payable to the release of vehicles for personal use at the market.
3. Import duties and taxes are calculated at the rates established by Section IV 5 application to this Agreement.
4. The obligation to pay customs duties and taxes on vehicles for personal use, registered in a foreign country, through the customs border by natural persons, there is a:
declarant - after registering the customs authority passenger customs declaration submitted for registration for temporary residence;
the person to whom the vehicle is transferred for their removal in the manner prescribed by paragraph 2 11 articles of this Agreement, - the date of issue by the customs authorities at the transfer.
5. The obligation to pay customs duties and taxes on vehicles for personal use, registered in a foreign country, through the customs border by natural persons stops at:
6. The date for payment of customs duties and taxes in respect of temporarily imported vehicles, be considered:
7. Import duties, taxes, in cases specified by paragraph 6 this Article shall be payable in the amount corresponding to the amount of customs duties and taxes that would be payable at the release of goods for personal use for free circulation, calculated on the date of registration of the customs body of the passenger customs declaration , according to which vehicles were produced for personal use in order to temporarily stay in the customs territory of the Customs Union.
8. Prior to the expiration of the customs authority of temporary importation of vehicles for personal use may be declared for release for free circulation. - Customs duties and taxes in the case provided the first part of this paragraph shall be payable in the amount corresponding to the amount of customs duties and taxes that would be payable in the issuance of vehicle for personal use for free circulation, calculated on the date of registration of the customs authority passenger customs declaration, according to which the vehicles were produced for personal use in order to temporarily stay in the customs territory of the Customs Union.
In case of issue of vehicles for personal use for free circulation at the end of the customs body of temporary importation of such issuance by a customs authority after payment (collection) of customs duties and taxes, calculated in accordance with the second part of this paragraph.
In the case of customs duties and taxes in respect of temporarily imported vehicles for personal use to be recognized as not being under customs control in accordance with the third paragraph of sub-paragraph 2 1 5 articles of this Agreement, customs duties and taxes are calculated in accordance with the second part of this paragraph.
The total amount of customs duties and taxes payable in respect of the vehicle for personal use, claimed for free circulation before the customs authorities at the time of temporary import, unless such vehicle is not recognized under customs control in accordance with the third paragraph of sub-paragraph 2 1 5 articles of this Agreement shall not exceed the amount of customs duties and taxes that would be payable in accordance with the second part of this paragraph.
The total amount of customs duties and taxes payable in respect of the vehicle for personal use, claimed in free circulation at the end of the customs body of temporary importation shall not exceed the amount of customs duties and taxes that would be payable in accordance with the second part of this paragraph .
9. Payment of customs duties in respect of vehicles for personal use can be by bank transfer or in cash (money) in accordance with the legislation of the Member State of the customs union.
Article 15 - Origination, termination of the obligation to pay customs duties and taxes on goods for personal use that are placed under the customs procedure of customs transit
1. The obligation to pay import duties and taxes on goods for personal use, placed under the customs procedure of customs transit, there is a declarant with the registration of the customs authorities of the transit declaration.
2. The obligation to pay import duties and taxes on goods for personal use, placed (placed) under the customs procedure of customs transit stops in the declarant:
3. When delivery of foreign goods by customs authorities at the place of delivery date of payment of customs duties and taxes shall be considered:
4. Import duties, taxes payable in the amount corresponding to the amount of import duties and taxes that would be payable at the release of goods for personal use for free circulation in accordance with this Agreement, calculated on the date of registration of customs authorities of the transit declaration.
5. Upon termination pursuant to subparagraph 1) 2 point of this article the obligation to pay import duties and taxes paid or recovered in accordance with paragraphs 3 and 4 this article import duties and taxes are subject to refund (offset) in the manner prescribed by the Code.
Article 16 - Ensuring payment of customs duties and taxes
1. Payment of customs duties and taxes on goods for personal use granted to the customs office at: - placed under the customs procedure of customs transit of goods, as well as vehicles for personal use, not registered in the customs territory of the Customs Union and a foreign country, unless otherwise specified in this Agreement - Temporary Importation of natural persons of the Member States of the customs union to the customs territory of the Customs Union of the vehicles registered in foreign countries - otherwise established by the customs legislation of the customs union.
2. Payment of import customs duties and taxes on goods for personal use provided a method established by the Code and (or) the law of the Member State of the customs union, as follows:
3. Payment of customs duties and taxes shall not be granted in cases established by the Code.
4. In the carriage of goods for personal use, in accordance with the customs procedure of customs transit, customs authority, which provided security for payment of customs duties and taxes, as well as the procedure of mutual recognition of customs duties, taxes are determined in accordance with the Code.
5. In case the payment of customs duties and taxes on vehicles for their personal use provided the funds (money), to ensure the payment of customs duties and taxes may be granted by bank transfer or in cash (money) in accordance with the legislation of the Member State of the customs union .
Article 17 - Transitional provisions
Article 18 - Application's status and the procedure for amending
The Annexes to this Agreement shall form an integral part.
By agreement of the Parties to this Agreement and the application it may be amended to separate protocols, which are an integral part of this Agreement.
Article 19 - Adjustment of disputes
Disputes between the Parties concerning the interpretation and (or) the application of this Agreement shall be settled in the first place, through consultations and negotiations.
If the dispute is not resolved by the parties through negotiation and consultation within six months from the date of official written request to their conduct towards one of the parties to the dispute to the other party, then, unless otherwise agreed between the parties to the dispute as to the manner of its resolution, either party dispute may refer the dispute to the Court of the Eurasian Economic Community.
Customs Union Commission assist the Parties in resolving the dispute before it is submitted to the Court of the Eurasian Economic Community.
Article 20 - The order of entry into force
This Agreement is subject to ratification and shall be applied provisionally from the date of entry into force of the Customs Code of the Customs Union on November 27 2009 year.
This Agreement shall enter into force from the date of receipt by the Depositary of the last written notification through diplomatic channels of the Parties to the internal procedures necessary for the entry into force of this Agreement.
Done at the city of St. Petersburg in June 18 2010, in one original copy in Russian
The original copy of this Agreement is stored in the Customs Union Commission, which will send a certified copy to each Party to this Agreement.
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