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» THE CUSTOMS CODE OF THE RUSSIAN FEDERATION - PART V.CUSTOMS AUTHORITIES
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THE CUSTOMS CODE OF THE RUSSIAN FEDERATION

PART V.
CUSTOMS AUTHORITIES

Chapter 39.
CUSTOMS OFFICES AND THEIR FUNCTION
S

§1. Customs Offices

Article  401.  Customs Offices and Their Place in the System of State Bodies of the Russian Federation

1.       Customs offices comprise an integrated federal centralised system.

2.       The state power bodies of the constituencies of the Russian Federation, the local self-governance bodies and public organisations shall not interfere in the functioning of customs offices.

Article  402.  Organisation of the Customs Authorities

1.       The customs authorities structure includes:

             [1]      the Federal Customs Authority;

             [2]      regional customs departments;

             [3]      customs offices;

             [4]      customs checkpoints.

2.       The inception, reorganisation and dissolution of regional customs departments, customs offices and customs checkpoints is effected by the Federal Customs Authority.

The Federal Customs Authority determines the competence of individual customs bodies with regard to discharge by them of various specific customs functions and defines the boundaries of their operating regions. The Federal Customs Authority has the right to set up special-purpose customs bodies whose competence is determined by the specific powers vested in them for the fulfilment of specially assigned functions, or for the purpose of carrying out specific functions assigned to the customs authorities, or for effecting customs operations with specific kinds of merchandise.

3.       The activities of the regional customs departments, customs offices and customs checkpoints shall be regulated by statutes approved by the Federal Customs Authority. The customs checkpoints do not necessarily have the status of a legal entity.

4.       The organisation of the customs authorities also incorporates various institutions other than law-enforcement bodies which are established by the Federal Customs Authority for rendering support to customs offices in discharge of their duties.

Article  403.  Functions of Customs Offices

The customs offices are assigned to:

             [1]      effect the customs registration and customs control measures, create favourable conditions for expediting goods conveyance across the customs border;

             [2]      levy customs duties, taxes, antidumping, special and compensating fees, customs fees, verify the correctness of calculation and timeliness of payment of said duties, fees and taxes, and take measures for their compulsory collection;

             [3]      ensure the observance of the requirements regulating the conveyance across the customs border of goods and means of transport;

             [4]      ensure the observance of the restrictions and prohibitions pursuant to the Federal Law of the Russian Federation on the State Regulation of Foreign Trade Activities and the international treaties, to which the Russian Federation is party, with regard to the goods conveyed across the customs border

             [5]      ensure protection of the intellectual property rights provide within the scope of their competence;

             [6]      prevent smuggling and other crimes and administrative offences in the sphere of customs system, obstruct illegal conveyance across the customs border of drugs, weapons, items of cultural value, radioactive agents, plants and animals under the threat of extinction, their components and derivatives, intellectual property objects and other goods, as well as render assistance in the struggle against international terrorism and prevent unlawful interference in the operations of international civil aviation at the premises of the airports of the Russian Federation;

             [7]      within the sphere of their competence pursuant to the provisions of the Law of the Russian Federation on Currency Regulation and Currency Control, customs offices exercise currency control over the operations involving conveyance of goods and means of transport across the customs border;

              [8]      keep customs statistics pertaining to foreign trade operations;

              [9]      ensure the fulfilment by the Russian Federation of its international obligations with regard to customs procedures, cooperate with the customs authorities and other competent bodies of foreign countries, as well as with the international organisations involved in customs activities;

              [10]      provide information and legal advice with regard to the customs system; in accordance with the established order, provide information to state bodies, various organisations and citizens;

              [11]      carry out science research applicable to needs of customs procedures.

Article  404.  The Customs Flag, the Customs Ensign and the Customs Emblem

The customs bodies are authorised the Customs Flag and the Customs Emblem. The customs sea- river patrol boats are authorised the Customs Ensign. The customs motor vehicles and aircraft feature the Customs Emblem. The descriptions and design of the Customs Flag, Customs Ensign, and the Customs Emblem are approved by the President of the Russian Federation.

Article  405.  Location of Customs Offices

1.       Customs offices are located at the checkpoints set up at the border gates of the State Border of the Russian Federation. Any other locations of customs offices are authorised by the Federal Customs Authority proceeding from the passenger and merchandise flows, the intensity of development of foreign economic relations of the specific regions, the requirements of shipment organisations, exporters, importers, other participants of foreign economic activities.

2.       Customs offices are set up on the premises directly owned by the customs authorities. The customs checkpoints and structural divisions may be located at the premises of temporary-storage warehouses, bonded warehouses and duty free shops allocated to the customs authorities by their owners, as well as in the offices belonging to the participants of foreign economic activities involved in regular export and import operations.

Article  406.  Places for Performing Customs Operations           

Customs operations involving customs registration/clearance of goods and means of transport are performed on the location of customs offices and their structural divisions. Upon a motivated request of an interested person approved and with a written approval by the chief of the customs office or his (or her) authorised officer, requisite customs registration/clearance operations may be performed in other designated places. The customs authorities shall not object to performing customs registration/clearance operations with goods and means of transport at the location of said goods and means of transport provided the efficiency of customs control procedures is not impaired.      

Article  407.  Customs Office Operating Hours

1.       The working operating hours are determined by the chiefs of customs offices pursuant to the Russian legislation.

The customs operating hours in sea- and river ports, airports and other checkpoints at the State Border of the Russian Federation should comply with the working hours established for the border guard control bodies and services operating the border gates. The customs operating hours in other places set up for effecting customs control formalities are determined based on the requirements of shipment organisations and the participants of foreign economic activities.

The customs operating hours at the checkpoints at the State Border of the Russian Federation located adjacently to the border gates of their neighbouring countries should be coordinated with those established for the customs offices of such neighbouring countries.

2.       Upon a motivated request of an interested person, some of the customs operations may be performed beyond the customs operating working hours.

§2. Duties, Rights and Responsibilities of the Customs Authorities

Article   408. Legal Rights of the Customs Authorities and their Offices

In carrying out the functions vested in them the customs authorities are vested with the following legal rights to:

             [1]      take measures stipulated by this Code for enforcing the observance of the customs legislation of the Russian Federation;

             [2]      demand the documents and information stipulated by this Customs Code;

             [3]      check the identification documents of the individuals and officials involved in customs-related operations;

             [4]      demand that individuals and officials certify their powers for performing specific operations or effecting specific activities in the field of the customs system;

             [5]      in accordance with the law of the Russian Federation on criminal investigation procedures, perform investigations with a view to detecting, preventing, stopping and exposing crimes, conduct on-the-spot investigations and interrogations pursuant to the provisions of the criminal procedural law of the Russian Federation assigning the investigation of such crimes to the customs authorities, expose and identify the persons responsible for preparing committing or having committed such crimes, as well as ensure safety of customs officers in discharge of the duties;

             [6]      conduct on-the-spot investigations and interrogations in their line of duty of the offences pursuant to the Criminal Procedural Code of the Russian Federation;

             [7]      investigate cases of administrative offences and prosecute the persons responsible for administrative offences pursuant to the provisions the Law of the Russian Federation on Administrative Offences;

              [8]      in case of emergency, to use the communications facilities and means of transport belonging to organisations or public associations (except the communications facilities and means of transport owned by diplomatic missions, consular and other institutions of foreign countries or by international organisations) for preventing customs-related crimes, pursue and detain the perpetrators of such crimes or the persons suspected of having committed such crimes. The customs authorities shall be obliged to compensate any damages suffered by the owners of said communications facilities or means of transport in such instances upon their request for compensation submitted to the customs office concerned in accordance with the order determined by the Government of the Russian Federation;

              [9]      detain and escort to the service premises of the customs offices or to the offices of the Ministry of the Interior of the Russian Federation persons suspected of customs-related administrative offences or the perpetrators of such offences pursuant to the Russian legislation;

              [10]      perform documentary filing, video-taping, audio-recording, motion- or still-picture photography of the facts and events associated with the conveyance across the customs border of the goods and means of transport under the customs control and performance of other cargo-handling operations with such goods and means of transport;

              [11]      obtain from the information from various state bodies and agencies, as well as from natural persons which may be required for carrying out their duties pursuant to this Customs Code;

              [12]      make written reprimands to the heads of various state bodies and agencies, directors of enterprises, leaders of public unions and associations containing requirements to rectify their breaches of the customs regulations of the Russian Federation with subsequent verification of the implementation by said persons of requisite measures;

              [13]        bring lawsuits to the courts of justice or the arbitration tribunals pertaining to:

-     compulsory collection of unpaid customs duties and taxes;

-     compulsory collection of unpaid customs duties and taxes at the expense of the goods;

-     in other cases stipulated by this Customs Code and other federal laws;

              [14]      establish and maintain official relations of advisory and consultative nature with various participants of foreign economic activities, the other persons whose functioning is associated with foreign economic activities, as well as with their trade unions (associations) for the purpose of interacting with them in the issues of introduction and adoption of the advanced customs registration and customs control mechanisms;

              [15]      carry out other functions stipulated by this Customs Code and other federal laws.

Article  409.  Legal Rights of the Customs Authorities in Effecting Customs Control Measures Using Customs Patrol Boats

1.       In the process of exercising customs control measures with the use of customs patrol boats case of using customs patrol boats customs are vested with the following legal rights to:

             [1]      upon discovery of signs of illegal conveyance of goods liable for customs control onboard a means of transport, apprehend said means of transport and subject it to the customs examination (Article 372);

             [2]      detain the individuals onboard a means of transport suspected of committing the crimes subject to on-the-spot investigation pursuant to the provisions of the criminal procedural law of the Russian Federation assigning the investigation of such crimes to the customs authorities unless the international treaties, to which Russian Federation is party, contain other provisions thereto;

             [3]      pursue and apprehend the seagoing vessels (riverboats), which have exited the customs territory of the Russian Federation without permission of the customs authorities, beyond the territorial waters of the Russian Federation up to their entry into the territorial waters of a foreign country if such pursuit has been continuing since its initiation in the territorial waters of the Russian Federation following a transmission of a visual or acoustic signal to said seagoing vessel (riverboat) to halt from the distance sufficient for observing or hearing said signal;

             [4]      in case of detecting signs of administrative violation of customs regulations, apprehend such means of transport for their subsequent withdraw pursuant to the Russian legislation on administrative offences;

             [5]      in the instances stipulated by this Customs Code, escort apprehended means of transport with or without customs officers on board.

2.       The crews of the customs seagoing (river) patrol boats and aircraft are authorised to exercise:

             [1]      free use of water- and airspace of the Russian Federation , the sea harbours and river ports, as well as the airports, the airfields (runways) on the territory of the Russian Federation regardless of their attributes and purposes;

             [2]      free use of the priority right of entry to and exit from ports and harbours in accordance with the order coordinated with the interested federal executive authority;

             [3]      free access to navigation, hydrological, meteorological, hydrographical, and other information;

             [4]      free flight control and navigation services.

Article  410.  Rights of the Customs Authorities with regard to Motor Vehicles Hauling Goods under Customs Control

1.       The customs authorities have the right to apprehend motor vehicles including those which are not involved in international haulage of goods if such vehicles are carrying goods under the customs control for the purpose of inspecting said goods and the documentation thereto. The customs authorities may only apprehend such motor vehicles in the customs control zones established along the customs border. In other places such vehicles are apprehended by the traffic safety authority of the Ministry of the Interior in coordination with the customs authorities.   

2.       In the event of apprehension of a motor vehicle beyond the customs control zone, the permissible time limit designated for inspecting goods and waybills thereto shall not exceed two hours. The fact of inspection of goods the waybills thereto is registered in a report whose form is approved by the Federal Customs Authority, with one copy of said report being handed to the goods carrier. Compulsory placement of motor vehicles to the territory of a temporary-storage warehouse or another place constituting a customs control permanent zone (Article 362) shall only be permitted in case of initiation of a lawsuit for an administrative offence when a copy said ruling is handed to the goods carrier or the driver of the apprehended motor vehicle. In such a situation, said motor vehicle may remain in the temporary-storage a warehouse or in another place constituting a customs control zone within the period of time required for its unloading, except in those instances when said motor vehicle is liable for withdrawal pursuant to law of the Russian Federation.

Article  411.  Interaction and Cooperation of the Customs Authorities with Other State Bodies

1.       The customs authorities shall fulfil their functions independently and in cooperation with other public bodies.

2.       Pursuant to this Customs Code and other federal statutes, the customs authorities have the right  authorised to permit execution by other state bodies of individual actions relating to their competence.         

3.       In those instances when the customs authorities have discovered signs of administrative transgressions (offences) whose consideration, pursuant to the Russian legislation, is in the competence of other state bodies the customs authorities shall be obliged to convey such information to respective state bodies without delay.

Article  412.  Departmental Supervision over Customs Activities

Unless this Customs Code and other federal statutes contain other provisions thereto, the superior customs office or the superior customs officer are vested with the right, in terms of the departmental supervision, to rescind or correct the resolution passed by a subordinate customs office or its officer which does not meet the requirements laid down by Russian law or take any other measures stipulated by the Russian legislation with regard to unlawful actions (inaction) of the subordinate customs offices and/or their officers.

Article  413.  Responsibility of Customs Offices and their Officers

1.       In accordance with the Russian legislation, customs officers shall bear disciplinary, administrative, criminal and other responsibility for their unlawful decisions, actions (inaction).

2.       Customs offices shall be obliged to reimburse any damage inflicted on persons and their property as a result of unlawful decisions, actions (inaction) of their customs officers and other employees in discharging their duties or professional obligations pursuant to the provisions stipulated by the Labour Code and budgetary law of the Russian Federation

3.       Any damage caused by the lawful actions of customs offices and their officers shall not be subject to indemnity unless this Customs Code and other federal statutes contain other provisions thereto.

§3. Use of Physical Force, Special Devices and Firearms
by Customs Officers

Article  414.  Conditions Stipulating the Use of Physical Force, Special Devices and Firearms by Customs Officers

1.       The customs officers have the right to resort to physical force, special devices and firearms in accordance with the procedures stipulated by this Customs Code.

2.       Use of physical force, special devices and/or firearms shall be preceded by an explicit warning of officer’s intent to use them, or by firing warning shots, as in the instance of use of firearms.

Note: the customs officer concerned shall be obliged to:

             [1]      offer sufficient time for fulfilling his (or her) lawful demands, except for the instances when a delay in the use of physical force, special devices and/or a firearm is likely to pose immediate threat to the officer’s life and health or entail other grave consequences, as in the instance of a sudden or armed assault, an attack with the use of combat matériel, vessels or means of transport, as well as under other circumstances when a warning is deemed inappropriate or impossible;

             [2]      provide first aid to the persons who have suffered body injuries and immediately advise the chief of the customs office of the occurrence, the latter being obliged to report the incident to the prosecutor within 24 hours.

3.       In the instance of use of physical force, special devices and/or firearms, depending on the nature and gravity of the offence and the intensity of offenders’ resistance, customs officers shall seek to minimise the damage incurred in the act of elimination of danger.

4.       In case of the use of physical force, special devices and/or firearms in violation of the established procedures the customs officers shall be held responsible in accordance with the Russian legislation.

Article  415.  Use of Physical Force by Customs Officers

1.       Customs officers have the right to use physical force, including martial art techniques, only in the situations when the use of non-violent methods cannot ensure the fulfilment of the duties vested in the customs office.

2.       Physical force shall be used for:

             [1]      stopping an offence in progress;

             [2]      apprehending the offender;

             [3]      overcoming the counteractions to customs officers’ lawful demands;

             [4]      preventing access to the rooms, the territory, or to the goods or means of transport under customs control.

Article  416.  Use of Special Devices by customs Officers

1.       Customs officers have the right to use handcuffs, rubber batons, tear gas, implements for unlocking rooms, devices intended for causing a forcible halt of a means of transport, and other special means devices in the following situations:

             [1]      for repelling assaults at customs officers and other persons;

             [2]      for repelling assaults at buildings, installations or means of transport belonging to or utilised by the customs authorities, at the goods and means of transport in customs custody, as well as for releasing said objects in case of its capture;

             [3]      for apprehending the offender(s) and/or delivering him (or her) to the service room of a customs offices or a law-enforcement department in case said offender(s) show disobedience, offer resistance, or are likely to cause injuries to the people or themselves;

             [4]      for deterring physical resistance offered to a customs officer;

             [5]      for blocking the means of transport whose driver has not fulfilled a customs officer’s lawful demand to stop.

2.       Special devices may not be used against the women with evident signs of pregnancy, the persons with evident signs of disability and juvenile offenders, except for the cases when said persons offer armed resistance, perpetrate a team attack or another form of assault threatening human life and health and/or endangering safety of goods and means of transport under customs control.

3.       The register of special devices in the inventory of the customs authorities is approved by the Government of the Russian Federation.

Article  417.  Use of Firearms by Customs Officers

1.       Under the conditions of requisite (self-)defence or in extreme emergency, customs officers have the right to resort to firearms and make use of any other available implements provided no special devices are available.

2.       Customs officers in the line of duty have the right to use firearms in the following situations:

             [1]      for repelling assaults at customs officers when their life or health are in imminent danger provided the assault may not be deterred by other methods and devices;

             [2]      for preventing attempts to seize the firearms in possession of customs officers including the attempts undertaken by an apprehended offender to approach the customs officer by shortening the distance designated by the latter, or reach for the firearm held by said customs officer;

             [3]      for repelling a team attack or an armed assault at the buildings, installations, means of transport, seagoing vessels or riverboats owned or operated by customs authorities, as well as at the goods and means of transport in customs custody, or the installations where said goods and means of transport are stored;

             [4]      for apprehending the person(s) offering armed resistance, as well as armed person(s) refusing a customs officer’s lawful demand to surrender arms;

             [5]      for halting means of transport, seagoing vessels and riverboats by damaging them if they pose real threat to the customs officers’ life and health or ignore the customs officers’ repeated demands to halt following warning shots;

             [6]      for neutralizing the animals posing threat to customs officers’ life and health;

             [7]      for warning the offender(s) of the customs officers’ intent to resort to firearms, for signalling alarm or calling for help.

3.       Firearms may not be used against women with evident signs of pregnancy, persons with evident signs of disability and juvenile offenders, except for those cases when they offer armed resistance, perpetrate a team or other assault threatening human life and health, as well as under the condition of a significant concentration of people when random people are likely to suffer.

4.       Customs officers shall be obliged to report each case of the use of firearms to the chief of the customs office involved within the shortest possible time, the latter being obliged to report the incident to the prosecutor within 24 hours from the moment of the use of a firearm.

5.       The register of firearms and ammunition thereto in the inventory of the customs authorities is approved by the Government of the Russian Federation.         

6.       A customs officer has the right to prepare his (or her) firearm for fire if he (or she) presumes that the ongoing developments are likely to create conditions for its use pursuant to Item 2 of herein.

§4. Customs Logistics

Article  418.  Customs Logistics and Social Security of Customs Officers 

1.       Customs logistics is effected through the allocation of funds from the federal budget and the other sources designated by the Russian legislation.

2.       In case the structural divisions of customs offices and checkpoints, which are intended for effecting customs operations, are set up at temporary-storage warehouses, bonded warehouses and/or the other facilities in accordance with this Customs Code, the logistics required by the customs structural divisions for their functioning, such as communications facilities and office equipment, shall be provided by the owners of said facilities on a contractual basis.

3.       In the event of the death of a customs officer in discharging his (or her) duties, the family of said officer and his (or her) dependents shall be entitled to a lump-sum benefit amounting to the officer’s tenfold annual salary as per his (or her) last position in the customs office. The demised customs officer’s underage dependents shall be entitled to monthly benefits amounting to said officer’s average monthly salary in his (or her) last position in the customs office until they have come of age or obtained an independent a source of income. The dependent students of day-time secondary vocational or higher vocational educational establishments shall be entitled to such benefits until they complete their term of training. The other dependents shall be granted pensions stipulated for the loss of a breadwinner in the amount of the demised officer’s average monthly salary.

In case a customs officer in discharging his (or her) duties suffers body injuries precluding his (or her) further professional activities, said officer shall be entitled to a lump-sum benefit amounting to the officer’s fivefold annual salary as per his (or her) last position in the customs office, as well as the difference deducted between the sum of said officer’s average monthly salary in his (or her) last position in the customs office and the sum of his (or her) pension payable in the forthcoming ten years.

In case a customs officer in discharging his (or her) duties suffers other body injuries, he (or she) shall be entitled to a lump-sum benefit amounting to the officer’s five average monthly salaries.

The damage inflicted on the property owned by the customs officer or his (or her) near relation in discharging his (or her) duties shall be reimbursed in full.

Payment of benefits and indemnity of the damage inflicted on the officer’s property shall be effected by the federal budget allocations with subsequent collection of the repaid amounts from the persons responsible for the above losses.

The decision with regard to the payment of benefits shall be made by the chief of the respective customs office based on the court findings or the ruling passed by the investigating body or the prosecutor  pursuant to the cessation of the criminal case investigation or suspension of the case preliminary investigation.

In case the investigating body refuses or evades to initiate a lawsuit against the offender, its actions may be appealed by the customs office before the prosecutor or in court based on the results of the official investigation or other available evidence.

Damage inflicted on property shall be reimbursed in accordance with the court ruling (sentence).

A customs officer’s annual salary used for calculating the amounts of lump-sum benefits shall include all kinds of payments to which said person would have been entitled in the year of his (or her) demise or body injury.

A customs officer’s monthly salary shall be calculated pursuant to the requirements and set forth by the Russian legislation with regard to the mandatory social insurance from industrial accidents and occupational hazards.

A customs officer’s monthly salary, as per this Article of the Customs Code, shall also include the officer’s wage according to his (or her) special rank, long-service bonus, knowledge of foreign languages, and other bonuses.

Payment of benefits and indemnities for material damages shall be provided by the customs office in which said officer served up to the moment of his (or her) demise body injury or property damage, or by said office’s legal successor or its superior office in case said customs office has been reorganised or dissolved.

The payment procedure of the amounts specified in this Article is approved by the Federal Finance Authority in coordination with the Federal Customs Authority.

4.       The customs officers are liable for mandatory individual life insurance by the state insurance company using the funds allocated for that purpose from the federal budget.

The sum insured shall be payable:

-     in the event of death (demise) of the insured customs officer in the period of his (or her) service in customs offices or prior to the expiration of one year following said officer’s retirement from the customs office due to an injury (concussion), other body injuries, diseases acquired in discharging his (or her) duties, to the officer’s heirs (upon submission of their rights to said officer’s inheritance) amounting to the officer’s 12.5-fold annual salary;

-     in the event of entitlement of the insured officer to the disablement benefits owing to the discharge of his (or her) duties during the officer’s tour of service or up to the expiry of a year following said officer’s retirement from the customs:

group I disablement: 12.5-fold annual salary;

group II disablement: 5-fold annual salary;

group III disablement: 2.5-fold annual salary;

-     in case the insured officer has suffered a grave body injury in the discharge of his (or her) duties: in the amount of an annual salary, or in the amount of half annual salary in case of less grave body injury.

5.       The insurance premium predicated on this category of insurance shall be repaid to the officer regardless of the other payments or indemnities the officer is entitled to pursuant to his (or her) other insurance policies.

The customs officer’s annual salary shall be determined based of his (or her) last position in the customs office, and this salary includes all categories of cash payments which said officer would have received throughout the year of the occurrence of the insurance case.

The other terms and procedures of the state mandatory insurance of customs officers are determined by the agreement to that effect concluded between the Federal Customs Authority and the customs organisation.

Article  419.  Deployment of Customs Offices

1.       The plots of land designated for accommodating customs installations shall be allocated based on the land allocation procedure for the state needs stipulated by the Land Code of the Russian Federation.

The plots of land designated for accommodating customs installations shall be allocated to customs authorities for permanent (eternal) gratuitous use.

2.       In case the structural units of the customs offices and customs checkpoints are set up at the premises owned by the organisations specified in Item 2 of Article 405 of this customs Code, such organisations shall be obliged to allocate to the customs authorities the required service rooms on the basis of gratuitous usage agreements.

Article  420.  Protection of Information  Relating to Customs Authorities

1.       The documents and materials containing information with regard to customs personnel, the customs organisation, the customs tactics, methods and means applied for carrying out investigations shall be preserved in the customs archives pursuant to the Russian legislation.

2.       The customs archives materials constituting that of historic and scientific value, which have been unclassified pursuant to the Russian legislation, shall be transferred for preservation to the archives of the Russian Archives Service pursuant to the order stipulated by the Russian legislation.

3.       The customs authorities shall ensure protection of state, banking and tax secrets and other confidential information pursuant to the Russian legislation.

Article  421.  Customs Departments and State Unitary Entities

1.       With a view to ensuring the operation of customs offices, the Federal Customs Authority gas established customs laboratories, science-research institutions, academic institutions providing higher education, vocations and auxiliary training, health institutions, publishing houses, information processing centres, as well as other state-owned unitary enterprises providing assistance to the customs authorities in fulfilling the missions assigned to them.

2.       The functions vested in the aforesaid customs entities and state-owned unitary enterprises shall be effected based on the requirements set forth by antimonopoly regulations of the Russian Federation.

Article  422.  Property of Customs Offices and Customs Organisations

The property of the customs offices, departments, and the state unitary enterprises shall remain in federal ownership. The Federal Customs Authority disposes of said property pursuant to the Russian legislation. 

Chapter 40.        
INFORMATION SYSTEMS AND INFORMATION TECHNOLOGIES
IN CUSTOMS SYSTEM

Article  423.  The Use of Information Systems, Information Technologies and their Support Facilities Used by Customs Authorities  

1.       In accordance with this Customs Code and other federal statutes, customs authorities shall undertake development, construction and application of the information systems, information technologies and their support facilities, including those based on the electronic means of information exchange, as well as the facilities ensuring their operation.

2.       The introduction of information systems, information technologies and their support facilities in the customs system based on the use of computer hardware and communication facilities shall be effected based on the standards approved and adopted in the Russian Federation and the international standards.

3.       Information systems, information technologies and their support facilities developed and produced by customs bodies or purchased by them shall be regarded as federal property. The Federal Customs Authority exercises its ownership powers pursuant to the Russian legislation.

4.       The use by the customs authorities of information systems, information technologies and their support facilities other than those in federal property shall be effected on a contractual basis.

5.       The terms and order of the use of information systems, information technologies and their support facilities for customs-related purposes shall be established by the Federal Customs Authority.

Article  424.  Certification of Information Systems, Information Technologies and their Support and Protection Facilities

Information systems, information technologies and their support and protection applied in the customs system shall be certified in the cases and in the order stipulated by the Russian legislation.

Article  425.  Customs Information Resources

1.       Customs information resources comprise the documents and data, submitted by persons in course of customs operations stipulated by this Customs Code, as well as other documents and information available at the disposal of customs authorities in accordance with this Customs Code and other federal statutes.

2.       The information resources of the customs authorities constitute federal property. The Federal Customs Authority exercises its owner’s powers pursuant to the Russian legislation.

3.       The order of formation of the customs information resources and the requirements applied to their filing system are determined by the Federal Customs Authority pursuant to the Russian legislation.

4.       The documents whose submission is stipulated by this Customs Code based on the order set forth by this Customs Code, including the customs declarations, may be submitted through the mediation of electronic means of information exchange based on the requirements stipulated by the Federal Customs Authority to the information filing procedures and other provisions of the Russian legislation.

5.       The order of access by persons to the information resources under the jurisdiction of customs authorities is determined by the Federal Customs Authority based on this Customs Code and other federal laws.

Article  426.  Information Systems, Information Technologies and their Support Facilities Used by Participants of External Economic Activities

1.       The Federal Customs Authority determines the requirements to the information systems, information technologies and their support facilities utilised by:

                          1)       the persons in the process of application of simplified customs clearance procedures (Article 68);

                          2)       the owners of temporary-storage warehouses, bonded warehouses, customs brokers, as well as the other persons upon their request to receive the documents and/or the information stipulated by this Customs Code;

2.       The use of such facilities for customs clearance purposes shall only be permitted following the verification of their compliance with the requirements stipulated thereto. Such verification shall be effected by the Federal Customs Authority.

Article  427.  Protection of Information and Rights of Persons Involved in Information Processes and Information Systems

1.       The customs authorities shall be responsible for the development, construction and application of special information protection soft- and hardware compatible with the soft- and hardware of the information systems and information technologies intended for ensuring protection of information and upholding the rights of the participants in the information related activities and informatisation pursuant to the provisions of this Customs Code.

2.       The level of information protection ensured by the information protection capabilities should comply with requirements applicable to specific information categories. Such compliance of the information protection level to specific information categories should be ensured by the customs authorities in charge of given information resources.

3.       The Federal Customs Authority and other state bodies acting in accordance with the Russian legislation shall exercise supervision over observance of the requirements laid to information protection and application of the information protection capabilities.

Chapter 41.
TERMS AND CONDITIONS STIPULATING DISPOSAL
OF GOODS AND MEANS OF TRANSPORT

Article  428.  Conversion of Goods and Means of transport into Federal Property

1.       Goods and means of transport shall be converted into the federal property:

                          1)       based on the court findings (resolution of the arbitration tribunal) in the event of application of confiscation of property as per administrative or criminal lawsuits, effective from the date of enactment of the court ruling (resolution of the arbitration tribunal);

                          2)       based on the court findings (resolution of the arbitration tribunal) in case the goods and/or means of transport in question are to be converted into the federal property pursuant to Item 9 of Article 377 and Item 5 if Article 391 of this Customs Code, effective from the date of enactment of the court ruling (resolution of the arbitration tribunal);

                          3)       based on a rejection of goods and/or means of transport by a person in favour of the state, effective from the date of acceptance by the customs authorities of the goods and/or means of transport in compliance with an acceptance act.

2.       Disposal of the goods and/or means of transport which  have been converted in to the state property on the basis of a court ruling shall be effected based on the court procedural legislation of the Russian Federation with consideration of the provisions of Article 433 if this Customs Code.

Article  429.  Disposal of Goods whose Term of Storage in Temporary-Storage or Bonded Warehouse has  Expired

The disposal of the goods whose term of storage in a temporary-storage or bonded warehouse has expired, shall be effected based on a report certifying the fact of expiry of the term of storage of said goods and/or means of transport at the premises a temporary-storage or bonded warehouse. The report is drawn up by the customs office in charge in accordance with the form approved by the Federal Customs Authority. The duplicate copy of said report shall be handed to the goods legitimate owner provided said person has been identified by the customs authorities. A copy of said report is also handed to the owner of the temporary-storage or bonded warehouse concerned.

Article  430.  Disposal of Goods and/or Means of transport Constituting Material Evidence to Administrative Offences Cases

1.       The customs authorities may dispose of the goods and/or means of transport which constitute material evidence in the lawsuits on administrative offences provided estimated expenses incurred by the storage of said goods exceed their value, as well as in the instances stipulated by the Code of the Russian Federation on Administrative Offences and other federal statutes.

2.       In case the consideration of a lawsuit with regard to an administrative offence has resulted in a decision to confiscate the goods and/or means of transport as per Item 1 herein, the amounts produced by the sales of said goods shall be transferred to the federal budget.

3.       The goods and/or means of transport constituting material evidence to the lawsuits on administrative offences, which, according to the court ruling, are to be returned to their legitimate owner and which have not been claimed by their owner within one month following the date of enactment of the court ruling with regard to said administrative offence, shall be disposed of by the customs authorities in accordance with this Chapter provided their storage was performed by the customs authorities or in customs custody.

The disposal of said goods and means of transport shall be effected based on the customs office report certifying the fact of expiration of the time limit stipulated by their claim  in accordance with the form approved by the Federal Customs Authority.

Article  431.  Order and Methods of Disposal of Goods and Means of transport

1.       The disposal of goods and means of transport shall be effected by an organisation duly authorised by the Government of the Russian Federation by way of their sales, destruction or utilization in accordance with the procedure approved by the Government of the Russian Federation.

2.       The customs office in charge shall be obliged to notify the legitimate owner of said goods or the person specified in Article 16 of this Customs Code (if such persons have been identified by customs authorities) at least fifteen days in advance of the forthcoming transfer of said goods and/or means of transport to the duly authorised organisation.

3.       The sales of goods and/or means of transport shall be effected pursuant to the prices determined based on the federal law stipulated for goods appraisal procedures.

4.       The customs officers, the employees of the authorised organisation and their family members shall not be permitted to purchase any goods and/or means of transport subject to sales pursuant to the provisions contained herein. 

5.       Unless the international treaties, to which the Russian Federation is party, the federal laws and other legal statutes of the Russian Federation contain other provisions thereto, the goods and means of transport whose circulation on the territory of the Russian Federation is prohibited, as well as the goods, whose expenses for storage and sales exceed their commercial value, shall be subject to destruction or utilization in accordance with federal laws and other legal statutes of the Russian Federation.

6.       The destruction or utilisation of goods and/or means of transport shall be performed at the expense of the person designated in Article 16 of this Customs Code; in the instance when said person has not been identified, or at the expense of their owner; in the absence of the goods owner, by the funds allocated from the federal budget unless the federal laws and other legal statutes of the Russian Federation contain other provisions with regard to specific categories of goods.

Article  432.  Disposal of Funds Raised as Result of the Sale of Goods and means of transport

1.       The funds raised as a result of the sale of goods and/or means of transport, which have not been converted to the federal property, shall be remitted to the their legitimate owner in accordance with the order approved by the Government of the Russian Federation within three days following their sales. Deductible from said funds shall be the customs duties and taxes equivalent to those levied on imported foreign goods upon its release for free circulation, as well as the expenses incurred by the goods shipment (haulage), storage and sales the (including the goods expert analysis and valuation) which have been incurred by the customs authorities and other persons.

2.       In case the amounts raised as a result of sales of said goods prove to be insufficient for covering the dutiable payments chargeable to said goods, as well as and the other expenses incurred by the customs office and other persons involved who, based on the Civil Code of the Russian Federation, have the right to claim compensations of their expenses from the goods sales amounts, the latter shall be repaid based on the following priority:

                          1)       as the first priority: remittance of customs duties and taxes to the federal budget;

                          2)       as the second priority: reimbursement of the expenses incurred by the goods shipment (haulage), storage and sales.

3.       The above expenses shall be refunded based on the calendar order of submission by the persons involved of the documents certifying their claims for such compensations pursuant to the provisions of the Civil Code of the Russian Federation, as well as based on the person’s estimates of their expenses.

4.       Upon the expiry of the term stipulated by Item 1 herein, the funds raised as a result of sales of the goods and means of transport shall be credited to the federal budget.

5.       The amounts raised as a result of sales of goods and/or means of transport, which have been converted to the federal property, shall be credited to the federal budget less the expenses incurred by the goods shipment (haulage), storage and sales, as per Item 1 herein.

Article  433.  The Right of the Federal Customs Authority to Gratuitous Allocation of the Goods Transferred to Federal Property

The Federal Customs Authority has the right to effect gratuitous allocation of the goods converted to the federal property, specifically, medications, perishable food products, baby-food products, as well as clothing, footwear and other essential goods are distributed among social security organisations, health, educational, childcare institutions, and social protection bodies; historical artefacts, objects of science and works of arts which are not of cultural value may be likewise allocated to respective museums; flora and fauna artefacts to zoological parks, sanctuaries, and museums; various religious objects, to the respective religious organisations.

Article  434.  Peculiarities of Disposal of Specific Categories of Goods

The disposal of precious metals, precious stones, of the goods manufactured thereof, of cultural value, the goods liable for marking, and the other goods whose circulation of the territory of the Russian Federation is restricted, shall be effected in accordance with federal laws and other legal statutes of the Russian Federation.

Chapter 42.
CONTROLLED SUPPLY OF GOODS
CONVEYED ACROSS CUSTOMS BORDER

Article   435. Peculiarities of Controlled Supplies of Goods Conveyed across the Customs Border

1.       A controlled supply of goods conveyed across the customs border constitutes special-investigation operations conducted in coordination with or under the control of law-enforcement bodies involving importation to or exportation from the customs territory of the Russian Federation of goods or transit of imported goods in said territory.

The controlled supplies of goods conveyed across the customs border are conducted with a view to preventing, detecting, precluding and exposing the crimes associated with illegal circulation of goods.

The other bodies involved in law-enforcement investigations may organise a controlled supply of goods in coordination with the customs authorities. The coordination procedures for supplies are specified in the agreement in that regard between concluded between the Federal Customs Authority and the federal special-investigations authority concerned.

2.       In the instance of a resolution passed to carry out a controlled supply of goods exported from the customs territory of the Russian Federation pursuant to the international agreements of the Russian Federation or in coordination with the competent bodies of foreign countries, a lawsuit shall not be initiated in the Russian Federation whereas the head of the body effecting the controlled supply of goods shall be obliged to immediately inform the prosecutor of said resolution pursuant to the provisions of the Russian legislation.

Article  4 36. Withdrawal or Substitution of Goods Conveyed across the Customs Border under Conditions of Controlled Supply

In carrying out a controlled supply across the customs border of the goods whose free sales are prohibited or whose circulation is regulated by special permits issued based on the Russian legislation, such goods may be withdrawn or substituted partially or completely in compliance with the terms and conditions determined by the Government of the Russian Federation. Goods endangering human health, the environment, or constituting the basis for the production of weapons of mass destruction shall be subject to substitution in accordance with the procedures prescribed by the Government of the Russian Federation.


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