THE
AGREEMENT
About the
order of moving of the goods by physical persons for a private use through
customs border of the customs union and fulfillment of the customs operations
connected with their release.
Republic Belarus, Republic Kazakhstan and the Russian Federation called
further the Parties being based on positions of the Contract on creation of
unitary customs territory and formation of the customs union from October, 6th,
2007 and the Contract on the Customs code of the customs union from November,
27th, 2009 being guided by recognized principles and norms of international law
have agreed as follows:
I. General
provisions
Clause 1
Order of
moving of the goods by physical persons for a private use
1. The present Agreement defines an order of moving of the goods for a
private use including vehicles by physical persons through customs border of
the customs union (further – customs border) and fulfillment of the customs
operations connected with their release.
The order of moving of the goods for a private use by physical persons
through customs border defines:
criteria of reference of the goods to the goods for a private use;
cost, quantitative and weight norms of moving of the goods for a private
use with exemption of customs payments;
cases of customs payments’ exemption of separate categories of the goods
for a private use;
order of application of the customs duties, taxes concerning the goods for
a private use.
2. Legal relationships arising in connection with moving of the goods for a
private use by physical persons through the customs border not settled by the
present Agreement are defined by the customs legislation of the customs union
and (or) the legislation of member state of the customs union.
3. By the customs legislation of the customs union some moments are
defined:
order of moving of cash resources (money) and (or) monetary tools by
physical persons through customs border;
features of moving of the goods for a private use through customs border
taken out from the territory of the Kaliningrad region of the Russian
Federation and imported on the other part of customs territory of the customs
union including through the territory of the state which is not a member of the
customs union and also taken out from the other part of customs territory of
the customs union and imported on the territory of the Kaliningrad region of
the Russian Federation.
Clause 2
The terms
used in the present Agreement
1. For the present Agreement following terms and their definitions are
used:
1) a car – motor vehicles:
passenger cars and other motor vehicles intended mainly for transportation
of people classified in a commodity position 8703 of unitary Commodity
nomenclatures of foreign trade activities of the customs union (further – CN
FTA CU) except for specified in the paragraph of the third present
subparagraph, (further – cars);
quadrocycles, snowmobiles and other automobile vehicles classified in a
commodity position 8703 of CN FTA CU not intended for movement on public roads;
motorcycles, mopeds, the motor scooters classified in a commodity position
8711 of CN FTA CU;
motor vehicles for transportation no more than 12 persons including the
driver classified in a commodity position 8702 of CN FTA CU, motor vehicles for
transportation of cargoes with full weight to 5 tons, classified in commodity
positions 8704 21 and 8704 31 CN FTA CU;
2) date of arrival (resettlement) of the physical person on a constant
residence to member state the customs union – date of issue of the document
confirming reception of the status of the refugee, the compelled immigrant or a
recognition of the person arrived (moved) on a constant residence to member
state the customs union according to the legislation of this state;
3) seafood – the crustacea classified in a commodity position 0306 of CN
FTA CU with the exception of spiny lobsters classified in a commodity position
0306 21 000 0 of CN FTA CU, the lobsters classified in a commodity position
0306 22 of CN FTA CU, the shrimps classified in a commodity position 0306 23 of
CN FTA CU;
4) the indivisible goods for a private use - the goods for a private use
with weight more than 35 kgs consisting of one unit or one complete set of the
goods including moved to the disassembled, not collected, incomplete or not
complete kind provided that the goods possess the basic property of the
collected, complete or completed goods. Completeness can be defined on the
basis of the data on labels, in passports of products, guarantee coupons,
packing sheets, other documents presented by the manufacturer, the seller or the
sender of the goods and also on the assumption of the standard (traditional)
application of such goods or the complete set answering to their functional
mission;
5) system of a double corridor – the simplified system of the customs
control allowing physical persons coming through customs border to carry out an
independent choice between "a red" corridor (with customs declaring
of the goods for a private use in writing) and "a green" corridor;
6) the customs duties, the taxes raised under the unitary rate – a total
sum of the customs duties, the taxes estimated concerning the goods for a
private use moved by the physical person without division into the component
customs duties, taxes;
7) the goods which were in the use – the goods having visible signs of
wearing, washings, operation;
8) members of a family – the husband and the wife consisting in the
registered marriage, parents, children, adoptives, adopted, brothers and
sisters, the grandfather (grandpa), the grandmother (grandma), grandsons and
invalid dependents.
2. Other terms used in the present Agreement are applied in the values
established by the customs legislation of the customs union and (or) the
legislation of member states of the customs union.
Clause 3
Criteria of
reference of the goods moved through customs border to the goods for a private
use
1. Rating of the goods moved by physical persons through customs border as
the goods for a private use is carried out by customs body with use of a
control system of risks on the assumption of:
statements of the physical person about the moved goods (in the oral or
written form with use of the passenger customs declaration) in the cases
established by the present Agreement;
character and quantity of the goods;
frequencies of crossing by the physical person and (or) movings of the
goods by it through customs border.
2. The goods specified in the appendix 1 to present Agreement irrespective
of the criteria specified in point 1 of present article do not concern the
goods for a private use.
3. To the goods which have been not carried according to points 1 and 2 of
present articles to the goods for a private use positions of the present
Agreement are not applied.
4. If under the pretext of the goods for a private use there were declared
and released the goods imported for the purpose of their use in enterprise
activity such goods are considered illegally moved through customs border and
to such goods after their release norms of the Customs code of the customs
union (further – the Code) without the features established by chapter 49 of
the Code and positions of the present Agreement are applied.
Clause 4
Application
of prohibitions and restrictions concerning the goods for a private use
1. At import of the goods for a private use on customs territory of the
customs union and (or) export from this territory prohibitions and restrictions
specified in the appendix 2 to present Agreement are applied.
By the international contracts of member states of the customs union,
decisions of the Commission of the customs union and (or) standard legal
certificates of member states of the customs union published according to the
international contracts of member states of the customs union other
prohibitions and restrictions concerning the goods for a private use can be
established.
2. Moving of the goods for a private use through customs border limited to
import and (or) to export except for specified in point 3 of present article is
supposed at representation to customs body of the documents confirming
observance of restrictions given out by the authorized bodies of member state
of the customs union according to the customs legislation of the customs union.
3. To the goods for a private use moved through customs border measures of
nontariff and technical regulation are not applied.
4. Release of the goods for a private use that are subject to
phytosanitary, veterinary and to other kinds of the state control according to
the international contracts of member states of the customs union is carried
out after doing corresponding kinds of the control.
Clause 5
The goods
for a private use being under the customs control
1. The goods for a private use imported on customs territory of the customs
union and subject to customs declaring (further – declaring) according to the
Code and the present Agreement are under the customs control from the moment of
crossing of customs border and to:
1) their release for the purpose of the circulation in customs territory of
the customs union without restrictions on using and the order (further – the
free circulation);
2) payments of the due sums of the customs duties, taxes concerning the
goods which release for a private use in customs territory of the customs union
has been carried out in the presence of restrictions on using and (or) to the
order by the goods for a private use established in connection with use in
their relation of privileges on payment of the customs duties, taxes;
3) putting under customs procedures of refusal in favor of the state or
destruction according to the Code;
4) actual export from customs territory of the customs union;
5) becoming the property of member state of the customs union according to
the legislation of this state;
6) destructions (irrevocable loss) owing to an accident or a force majeure
action or as a result of a natural decrease under normal conditions of
transportations (transportation) and storage.
4. The goods for a private use in relation of which according to the
present Agreement declaring can not be made are not released from the customs
control if the other is not established by the customs legislation of the
customs union and (or) the legislation of member states of the customs union.
Clause 6
Moving of
the goods for a private use with use of a double corridor system
1. In places of arrival in customs territory of the customs union or
departure from this territory (further – arrival or departure places) the
system of a double corridor can be applied.
"The green" corridor is specially designated in places of arrival
or departure by a place intended for moving by physical persons through customs
border in accompanied luggage of the goods for a private use that are not
subject to customs declaring at simultaneous absence of not accompanied luggage
at such persons.
"The red" corridor is specially designated in places of arrival
or departure by a place intended for moving by physical persons through customs
border in accompanied luggage of the goods that are subject to customs
declaring and also the goods in relation of which declaring at the physical
person’s will is carried out.
2. The list of arrival or departure places in which the system of a double
corridor is applied and also an order of formation of such list is defined by
the authorised body of member state of the customs union, namely: the State
customs committee of Republic Belarus – from the Belarus Side, Ministry of
Finance of the Republic Kazakhstan – from the Kazakhstan Side, Federal customs
service – from a Russian Side.
3. The system of a double corridor can not be applied in halls of officials
and delegations organized in places of arrival or departure.
4. Non-use of separate forms of the customs control in "a green"
corridor does not mean that physical persons are released from a duty to
observe requirements of the customs legislation of the customs union and (or)
legislations of member state of the customs union.
5. Taking into account the operative conditions which have developed in
places of arrival or departure in exceptional cases under the decision of
customs body "the green" corridor can be temporarily closed for the
physical persons coming and moving the goods for a private use through customs
border.
II. The
Customs operations made with the goods for a private use
Clause 7
Fulfillment
of customs operations concerning the goods for a private use
1. Customs operations concerning the goods for a private use are made
depending on ways of moving in arrival or departure places or in customs body
of member state of the customs union on the territory of which a physical
person lives constantly (or temporarily) having the right to represent itself
as the customs applicant of such goods.
2. In arrival or departure places and also in customs body of member state
of the customs union on the territory of which a physical person lives
constantly (or temporary) having the right to represent itself as the customs
applicant of such goods concerning the goods for a private use the customs
operations connected with declaring, release for a private use without a
premise under customs procedures (except for a customs procedure of customs
transit) in an order established by the present Agreement can be made.
3. At will of the person moving the goods for a private use concerning such
goods there can be made the customs operations connected with their:
placing on temporary storage;
premise under customs procedures according to the Code;
export from customs territory of the customs union if they did not leave an
arrival place.
4. In places of arrival the goods for a private use imported into
accompanied luggage can be placed under a customs procedure of customs transit
as it should be and on the conditions established by article 9 of the present
Agreement.
5. At moving of the goods for a private use by physical persons customs
bodies give to these persons possibility to make customs operations without
leaving vehicles except for cases when it is necessary for observance of the
customs legislation of the customs union.
6. In a case when physical persons don’t do customs operations concerning
the goods for a private use provided by the present article or impossibility of
their release the specified goods are subject to detention according to Code
chapter 21.
7. The order of fulfillment of customs operations concerning the goods for
a private use moved by physical persons through customs border and reflections
of the fact of a recognition of such goods not being under the customs control
is defined by the decision of the Commission of the customs union.
8. The customs control concerning the goods for a private use moved through
customs border is made according to the Code.
9. Features of fulfillment of customs operations concerning the goods for a
private use of the physical person arriving (moving) on a constant residence to
member state the customs union, the refugee, the compelled immigrant are
defined by the decision of the Commission of the customs union.
10. Features of fulfillment of customs operations concerning the goods for
a private use sent in the international items of mail are defined by the
customs legislation of the customs union.
Clause 8
Declaring of
the goods for private use
1. Declaring of the goods for a private use is carried out by physical
persons at their coming through customs border simultaneously with
representation of the goods to customs body.
Declaring of the goods for a private use except for sent in the
international items of mail and placed under a customs procedure of customs
transit is made in writing with application of the passenger customs
declaration.
The form of the passenger customs declaration, order of its filling, giving
and registration are defined by decisions of the Commission of the customs
union.
The physical person has the right to make voluntarily declaring of the
goods for a private use that is not subject to customs declaring in writing
with use of the passenger customs declaration.
2. To customs declaring in writing are subject:
1) the goods for a private use moved not in an accompanied luggage or
delivered by a carrier to the physical person;
2) the goods for a private use moved in any way in relation of which
prohibitions and restrictions except measures of not tariff and technical
regulation are applied;
3) the goods for a private use moved in any way including temporarily
imported which cost and (or) quantity exceeds norms of moving of such goods
with the exemption of customs payments;
4) vehicles for a private use moved in any way except for vehicles for a
private use registered in the territory of the member states of the customs
union temporarily taken out from customs territory of the customs union and
imported back on such territory;
5) cash resources and (or) the monetary tools moved by physical persons
through customs border in the cases established by the customs legislation of
the customs union;
6) cultural values;
7) the goods for a private use imported in the accompanied luggage if the
physical person moving them has not accompanied luggage;
8) the goods for a private use specified in points 3 – 10 of section I appendix
3 to the present Agreement.
3. Declaring of the goods is made for a private use by the customs
applicant or the customs representative operating for and on behalf of the
customs applicant.
Declaring of the goods for a private use of the physical person who has not
reached age of 16 is made by the person accompanying it (one of parents, the
adoptive father, the tutor or the trustee of this person, other face
accompanying him or the representative of a carrier in the absence of
accompanying persons and at the organised departure (entrance) groups of under
age persons without parents, adoptive fathers, tutors or trustees, other
persons – the head of group or the representative of a carrier).
The physical person of member state of the customs union or the foreign
physical person can be the customs applicant:
who at the moment of crossing the customs border has the right of
possession, using and (or) disposal concerning the goods for a private use
moved in accompanied luggage;
transferred (transferring) the goods for a private use including the
vehicles moved in unaccompanied luggage to a carrier for their actual moving
through customs border;
acting as the sender of the goods for a private use sent in the
international items of mail;
in whose address in the capacity of the goods delivered by a carrier the
goods for a private use has arrived including transport vehicles or who sends
such goods beyond the limits of customs territory of the customs union;
going on a vehicle for a private use moved through the customs border
belonging to it on the right of possession, using and (or) disposal;
the got right of possession, using and (or) disposal on a transport vehicle
for a private use being in customs territory of the customs union under the
customs control on a judgment or the right of inheritance;
possessing the right of possession, using and (or) disposal concerning a
transport vehicle for a private use which is in customs territory of the
customs union under the customs control;
possessing the right to move the goods for a private use with the exemption
of customs payments in the cases provided in the appendix 3 to present
Agreement.
4. At customs declaring of the moved goods for a private use in writing the
customs applicant is obliged:
1) to present documents to customs body on the basis of which the customs
declaration is filled including confirming the pay of customs payments or
maintenance of payment of the customs duties, taxes;
2) to show the declared goods on request of the official of customs body;
3) to pay due customs payments or to provide payment of the customs duties,
taxes in the cases established by the Code and (or) the present Agreement;
4) to fulfill other requirements provided by the customs legislation of the
customs union.
5. At moving through customs border of coffins with bodies (remains) and
urns with remains (ashes) of dead people declaring is carried out by a filling
of application in any form by the person accompanying a coffin with a body
(remains) or an urn with remains (ashes) of dead people with representation of
documents specified in the second and third parts of the present point.
At export of coffins with bodies (remains) and urns with remains (ashes) of
dead people from customs territory of the customs union following documents are
represented:
1) the certificate on the death given out by civil registration departments
in an order to establish for civil registration in member states of the customs
union or the health certificate on death or notarially certified copies of the
specified documents;
2) the conclusion of local bodies of the state sanitary inspection written
in any form about the possibility of exhumation in case of a reinterment;
3) the certificate (inquiry) of any form of the specialized organization
which was carrying out ritual services on soldering of zinc coffins with
instructions that there are no extraneous enclosures in them, with the appendix
of the inventory of things and values of the dead person in case of their
sending together with a body (remains) of the dead person.
At import of urns with remains (ashes) and coffins with bodies (remains) of
dead people on customs territory of the customs union following documents are
represented:
1) the certificate on the death given out by the authorized establishment
of the country of departure or the health certificate on death or a copy of the
given documents;
2) the certificate (inquiry) of any form of the organization which was
carrying out ritual services on soldering of zinc coffins with instructions
that there are no extraneous enclosures in them, with the appendix of the
inventory of things and values of the dead person in case of their sending
together with a body (remains) of the dead person.
Clause 9
Premise of
the goods for a private use under a customs procedure of customs transit
1. Under a customs procedure of customs transit following goods for a
private use moved in accompanied luggage can be located:
transport vehicles for a private use not registered in customs territory of
the customs union and territory of the foreign state;
the goods for a private use in relation of which the exemption of customs
payments according to points 3 – 10 of section I appendix 3 to the present
Agreement is given at their moving from a place of arrival to customs body in
the region of which the physical person lives constantly or temporarily.
Order and conditions of a premise of the goods for a private use under a
customs procedure of customs transit are defined by the customs legislation of
the customs union and the present Agreement.
2. At a premise of the goods for a private use under a customs procedure of
customs transit the physical person represents the transit declaration to
customs body and brings maintenance of payment of the customs duties, taxes if
the other is not defined by the present Agreement.
3. By transportation of the goods for a private use according to a customs
procedure of customs transit the physical person who represents itself as the
customs applicant, performs the same duties as a carrier according to the
customs legislation of the customs union.
Clause 10
Release of
the goods for a private use
1. The customs operations connected with release of the goods for a private
use are made in the relation:
the goods for a private use (except for transport vehicles) moved by
physical persons in accompanied luggage, - in arrival or departure places or in
customs body in the region of which the physical person lives constantly or
temporarily;
the goods for a private use (except for transport vehicles) moved by
physical persons in unaccompanied luggage or as the goods delivered by a
carrier, - in places of arrival or the departure being the international sea
(river) ports, the airports or equal to them according to the legislation of
member states of the customs union or in customs body of appointment (a
delivery place) being in territory of member state of the customs union where
the physical person lives constantly or temporarily or in customs body of
departure;
transport vehicles for a private use registered in the territory of foreign
state moved by the following on them physical persons, - in arrival or
departure places or in customs body in the region of which the physical person
lives constantly or temporarily;
transport vehicles for a private use registered in the territory of foreign
state moved by physical persons in unaccompanied luggage or as the goods
delivered by a carrier, - in places of arrival or the departure being the
international sea (river) ports, the airports or equal to them according to the
legislation of member states of the customs union or in customs body of
appointment (a delivery place) or customs body of departure;
transport vehicles for a private use not registered in the territory of
foreign state and customs territory of the customs union moved by the following
on them physical persons, - in arrival places of member state on the territory
of which the physical person lives constantly or temporarily or in customs body
in the region of which the physical person lives constantly or temporarily or
in departure places;
transport vehicles for a private use not registered in the territory of
foreign state and customs territory of the customs union moved by physical
persons in unaccompanied luggage or as the goods delivered by a carrier, - in
places of arrival or the departure being the international sea (river) ports,
the airports or equal to them according to the legislation of member states of
the customs union or in customs body of appointment (a delivery place) being in
the territory of member state of the customs union where the physical person
lives constantly or temporarily or in customs body of departure;
the goods for a private use (except for transport vehicles) moved in
accompanied luggage which are the exempted from customs payments as it should
be and on the conditions established by points 3-10 of section I appendix 3to present Agreement:
1) in customs body in the region of which the physical person moving the
goods lives constantly or temporarily;
2) in arrival or departure places – on conditions that the customs body of
one member state of the customs union confirms to customs body of another
member state of the customs union about performance by the physical person of
conditions to exempt from customs payments.
2. Release of the goods for a private use or refusal in such release are
carried out in following terms:
immediately after doing the customs control at moving of the goods for a
private use in accompanied luggage except for cases when release of the
specified goods is impossible for the reasons which are not dependent on
customs body in places of arrival or departure;
not later than one working day following the day of registration of the
passenger customs declaration in customs body in the region of which the
physical person lives constantly or temporarily or other customs body according
to positions of the present Agreement.
Prolongation of term of release of the goods for a private use is carried
out in the order provided by the Code.
Clause 11
Restrictions
on use of the goods for a private use after their release
1. Vehicles for a private use specified in points 22 and 23 of section V appendix
3 to the present Agreement can be used in customs territory of the customs
union by the physical persons who have carried out their import.
2. Transfer of the right of use and (or) orders for a private use to other
persons is supposed by such vehicles only:
under condition of their customs declaring and payment of the customs
duties taxes under the rates provided by points 10 – 12 of section IV appendix 5
to the present Agreement for release of the goods for a private use in the free
reference if other unitary rates are not established according to the
international contract of member states of the customs union. Release of such
vehicles in the free reference is carried out in that customs body in the
region of which the physical person to whom rights of use and (or) orders are
transferred lives constantly or temporarily;
for export of vehicles beyond the limits of the specified territory with
the permission of customs body according to the legislation of member state of
the customs union if such export cannot be carried out the customs applicant on
a cause of death, a serious illness of the physical person who has carried out
import or other objective reason.
3. Before the expiry of the term temporary admission the vehicles specified
in point 1 of present article are subject to customs declaring to customs body
for the purpose of release in the free reference, for the purpose of return
export or a premise under the customs procedures established by the Code.
The physical person is released from a duty of declaring the transport
vehicles provided by the first part of the present point if concerning the
specified vehicles there have come the circumstances provided by subparagraphs
5) and 6) of point 1 of article 5 of the present Agreement before the expiry of
the term of temporary admission of such vehicles and proofs of approach of such
circumstances are given to customs body.
III. Customs
payments
Clause
12
The payment
of customs payments concerning the goods for private use
1. Customs payments are not paid concerning the goods for a private use
moved through the customs border specified in appendices 3 and 4 to the
present Agreement.
2. The customs duties, taxes are paid concerning the goods for a private
use moved through the customs border specified in the appendix 5 to the
present Agreement in the sizes provided by the given appendix except for a case
when other international contract of member states of the customs union to
these states gives the right to establish other uniform rates of the customs
duties, taxes.
3. For calculation of the customs duties, taxes the moment of release and
volume of the engine of a car - motor-vehicles is defined in an order
established by the appendix 6 to present Agreement.
Clause
13
Occurrence,
the duty termination on payment of the customs duties, taxes concerning the
goods for a private use
except
for transport vehicles
1.The duty on payment of the customs duties, the taxes estimated
according to the present Agreement concerning the goods for a private use
subject to customs declaring in writing moved through customs border in
accompanied and unaccompanied luggage and also as the goods delivered by a
carrier arises at the customs applicant at registration of the passenger
customs declaration by customs body;
2.The duty on payment of the customs duties, taxes concerning the
goods for a private use subject to customs declaring in writing moved through
customs border in accompanied and unaccompanied luggage and also as the goods
delivered by a carrier stops at the customs applicant:
1) at refusal of customs body in release of the goods for a private use –
concerning a duty on payment of the customs duties, the taxes arisen at
registration of the customs declaration by customs body;
2) at payment or collecting the customs duties, the taxes in full estimated
under rates established by the present Agreement for release of the goods for a
private use into the free circulation;
3) at reference of the goods for a private use in the property of member
state of the customs union according to the legislation of this state;
4) at putting the goods for a private use under customs procedures of
destruction or refusal in favor of the state in the establishing order;
5) at destruction (irrevocable loss) goods for a private use owing to an
accident or action of force majeure or as a result of a natural decrease under
normal conditions transportations (transportation) and (or) storages;
6) at charging order on the goods for a private use including at the
expense of cost of the goods for a private use according to the legislation of
member state of the customs union;
7) at release of the goods for a private use in the free circulation with
exemption from customs payments according to the present Agreement;
8) if the size of not paid sum of the customs duties, taxes does not exceed
the sum equivalent to two euro on exchange rate established according to the
legislation of member state of the customs union in the territory of which
there was a duty on payment of the customs duties, the taxes operating at the
moment of duty occurrence on payment of the customs duties, taxes;
9) at the recognition of the sums of the customs duties, taxes being
hopeless to exaction and their write-off in order and on the bases provided by
the legislation of member state of the customs union which customs body carried
out collecting of these sums;
10) in connection with death of the customs applicant or its announcement
of being dead according to the legislation of member state of the customs
union.
3. The customs duties, taxes are subject to payment before release of the
goods for a private use in the free circulation.
4. The customs duties, taxes concerning the goods for a private use are
estimated under the rates established by sections I – III appendices 5 to the
present Agreement.
5. Release of the goods for a private use moved to accompanied luggage is
carried out by customs bodies before transfer of the sums of the customs
duties, the taxes paid concerning the goods for a private use to corresponding
accounts.
6. Payment of customs payments concerning the goods for a private use can be
carried out in a non-cash order or cash resources (money) according to the
legislation of member state of the customs union.
Clause
14
Occurrence,
discharge on payment of the customs duties, taxes concerning transport vehicles
for a private use
1. A duty on payment of customs payments concerning transport vehicles for
a private use:
1) arises at the customs applicant from the moment of registration of the
passenger customs declaration by customs body presented for release in the free
circulation;
2) stops at the customs applicant in the cases established by point 2 of
article 13 of the present Agreement.
2. The import customs duties, taxes are subject to payment before release
of transport vehicles for a private use in the free circulation.
3. The import customs duties, taxes are estimated under the rates
established by section of IV appendix 5 to present Agreement.
4. The duty on payment of the customs duties, taxes concerning transport
vehicles for a private use registered in the territory of foreign state moved
through customs border by physical persons arises at:
the customs applicant – from the moment of registration of the passenger
customs declaration by customs body presented for release for the purpose of a
temporary stay;
persons to whom the transport vehicle is transferred for realization of its
export in an order established by point 2 of article 11 of the present
Agreement, – from the date of giving the permission to such transfer by customs
body.
5. The duty on payment of the customs duties, taxes concerning transport
vehicles for a private use registered in the territory of foreign state moved
through customs border by physical persons stops at:
1) the customs applicant:
from the moment of export of the transport vehicles which are temporarily
imported on customs territory of the customs union and taken out before the
expiration of term of temporary import established by customs body except for
cases when term of payment of the customs duties, taxes has come before the end
of terms of temporary import;
if the transport vehicle is transferred to the person by the customs
applicant for realization of export of a transport vehicle in an order
established by point 2 of article 11 of the present Agreement, – from the date
of delivery of the permission to such transfer by customs body except for cases
when term of payment of the customs duties, taxes has come before the end of
terms of temporary import;
2) persons to whom the transport vehicle is transferred for realisation of
its export in an order established by point 2 of article 11 of the present
Agreement, – from the moment of export of the transport vehicles which are
temporarily imported on customs territory of the customs union and taken out
before the expiration of term established by customs body of time import except
for cases when term of payment of the customs duties, taxes has come before the
end of terms of temporary import;
3) the persons specified in the present point, - in the cases established
in point 2 of article 13 of the present Agreement;
6. For payments of the customs duties, taxes concerning temporarily
imported transport vehicles it is considered:
1) by transfer of temporarily imported transport vehicles to other persons
without the permission of customs body - day of transfer and if this day is not
established – day of registration of the passenger customs declaration by
customs body submitted for release for a private use for the purpose of a
temporary stay;
2) at loss of temporarily imported transport vehicles in term of their
temporary import established by customs body except for destruction
(irrevocable loss) owing to an accident or action of force majeure or as a
result of a natural decrease under normal conditions transportations
(transportation) and storage – day of loss of the goods and if this day is not
established – day of registration by customs body of the passenger customs
declaration submitted for release for a private use for the purpose of a
temporary stay;
3) when not exporting the transport vehicles temporarily imported on
customs territory of the customs union before the expiration of the term of
temporary import established by customs body – day of the expiry of the term of
their time import.
7. The import customs duties, taxes in the cases established by point 6 of
present article are subject to payment in the same sums as the sums of the
customs duties, taxes which would be subject to payment at release of the goods
for a private use in the free circulation estimated by the customs body as
customs declaration of the passenger at date of registration according to which
transport vehicles have been let out for a private use for the purpose of a
temporary stay in customs territory of the customs union.
8. Before the expiration of the term of temporary import established by
customs body transport vehicles for a private use can be declared for release
in the free circulation.
The customs duties, taxes in a case established by the first part of the
present point are subject to payment in the same sums as the sums of the
customs duties, taxes which would be subject to payment at release of transport
vehicles for a private use in the free circulation estimated by the customs
body as customs declaration of the passenger at date of registration according
to which transport vehicles have been let out for a private use for the purpose
of a temporary stay in customs territory of the customs union.
In case of release of transport vehicles for a private use in the free
circulation after the term of temporary import established by customs body such
release is carried out by customs body after payment (exaction) of the customs
duties, the taxes estimated according to the second part of the present point.
In case of payment of the customs duties, taxes concerning temporarily
imported transport vehicles for a private use for their recognition not being
under the customs control according to the paragraph of the third subparagraph
2 of point 1 of article 5 of the present Agreement the customs duties, taxes
are estimated according to the second part of the present point.
The total sum of the customs duties, the taxes which are subject to payment
concerning a transport vehicle for a private use declared in the free
circulation before the expiration of the term of temporary import established
by customs body if such transport vehicle has been recognised by not being
under the customs control according to the third paragraph of the subparagraph
2 of point 1 of article 5 of the present Agreement should not exceed the sum of
the customs duties, taxes which would be subject to payment according to the
second part of the present point.
The total sum of the customs duties, the taxes which are subject to payment
concerning a transport vehicle for a private use declared in the free circulation
after the term of temporary import established by customs body should not
exceed the sum of the customs duties, taxes which would be subject to payment
according to the second part of the present point.
9. Payment of customs payments concerning transport vehicles for a private
use can be carried out in a non-cash order or cash resources (money) according
to the legislation of member state of the customs union.
Clause
15
Occurrence, the
duty termination on payment of the customs duties, taxes concerning the goods
for a private use placed under a customs procedure of customs
transit
1. The duty on payment of the import customs duties, taxes concerning the
goods for a private use placed under a customs procedure of customs transit
arises at the customs applicant from the moment of registration by customs body
of the transit declaration.
2. The duty on payment of the import customs duties, taxes concerning the
goods for a private use placing (placed) under a customs procedure of customs
transit stops at the customs applicant:
1) at the end of a customs procedure of customs transit according to point
6 of article 225 of the Code except for a case when during action of this
procedure there term of payment of the import customs duties, taxes has come;
2) in the cases established by point 2 of article 13 of the present
Agreement.
3. At nondelivery of the foreign goods in the place of delivery established
by customs body for payments of the import customs duties, taxes it is
considered:
1) if nondelivery of the foreign goods was the result of transfer of the
goods by a carrier to the addressee or the other person without the permission
of customs body - day of such transfer and if this day is not established - day
of registration by customs body of the transit declaration;
2) if nondelivery of the goods for a private use was the result of loss of
the goods except for destruction (irrevocable loss) owing to an accident or
action of force majeure or as a result of a natural decrease under normal
conditions transportation (transportation) and storage, - day of such loss and
if this day is not established - day of registration by customs body of the
transit declaration;
3) if nondelivery of the goods for a private use has occurred for other
reasons - day of registration by customs body of the transit declaration.
4. The import customs duties, taxes are subject to payment in the same sums
as the sums of the import customs duties, taxes which would be subject to
payment at release of the goods for a private use in the free circulation
according to the present Agreement estimated at date of registration of the
transit declaration by customs body.
5. At the termination according to subparagraph 1) point 2 of present
article of a duty on payment of the import customs duties, taxes paid or
exacted according to points 3 and 4 of the present articles the import customs
duties, taxes are subject to return (offset) to an order established by the
Code.
Clause 16
Maintenance
of payment of the customs duties, taxes
1. Maintenance of payment of the customs duties, taxes concerning the goods
for a private use is given in customs body at:
premise under a customs procedure of customs transit of the goods and also
transport vehicles for a private use not registered in customs territory of the
customs union and territory of the foreign state if the other is not defined by
the present Agreement;
temporary import of the transport vehicles registered in the territory of
the foreign states by physical persons of member states of the customs union on
customs territory of the customs union;
In other cases established by the customs legislation of the customs union.
2. Payment of the import customs duties, taxes concerning the goods for a
private use is provided with the ways established by the Code and (or) the
legislation of member state of the customs union, in the following sizes:
1) concerning cars - in the size corresponding to the sum of the customs
duties, taxes which would be subject to payment at release of cars in the free
circulation if other sizes are not established according to the customs
legislation of the customs union or the international contracts of member
states of the customs union;
2) concerning the goods for a private use including transport vehicles
except for cars, – in the size corresponding to the sum of the customs duties,
taxes which would be subject to payment at release of the goods in the free
circulation.
3. Maintenance of payment of the customs duties, taxes is not given in the
cases established by the Code.
4. By transportation the goods for a private use according to a customs
procedure of customs transit customs body to which maintenance of payment of
the customs duties is given taxes and also an order of a mutual recognition of
maintenance of payment of the customs duties, taxes are defined according to
the Code.
5. In a case when payment of the customs duties, taxes concerning transport
vehicles for a private use is provided with money resources (money),
maintenance of payment of the customs duties, taxes can be given in a non-cash
order or cash resources (money) according to the legislation of member state of
the customs union.
Clause 17
Transitive
positions
1. The cars imported after January, 1st, 2010 on territory of Republic
Belarus or Republic Kazakhstan from the third countries in relation of which
the customs duties, taxes are paid under the rates different from established appendix
5 to present Agreement are admitted as the foreign goods in Russian
Federation:
before payment of the customs duties, taxes at a rate of a difference of
the paid sums of the customs duties, taxes and the sums of the customs duties,
the taxes which are subject to payment under rates specified in the appendix
5 to the present Agreement, or
till January, 1st, 2013.
Action of the first part of the present point does not extend on the cars
imported after January, 1st, 2010 in relation of which the customs duties are
paid under the rates established by Uniform custom duties of the customs union.
2. The difference between the paid sums of the customs duties, taxes
concerning imported on the territory of Russian Federation and of the cars
imported on territory of Republic Belarus or Kazakhstan after January, 1st, 2010,
and the sums of the customs duties, the taxes which are subject to payment
under rates specified in the appendix 5 to the present Agreement can be
paid accordingly in the budget of Republic Belarus or Republic Kazakhstan
before import on the territory of Russian Federation.
3. Concerning the cars specified in point 1 of present article at their
import on the territory of Russian Federation the customs control is made and
in need of payment of customs payments - customs operations in an order
established by the legislation of Russian Federation taking into account points
3 – 5 of the present articles are made.
4. In a case if the customs duties, taxes concerning the cars specified in
point 1 of the present article are not paid in the budget of Republic Belarus
or Republic Kazakhstan in the size specified in the second paragraph of the
present article of first point 1 before import on the territory of Russian
Federation such customs duties, taxes are paid in the federal budget of Russian
Federation at their customs declaring to customs body of the Russian Federation
in which region of activity there are check points and (or) crossing places on
the Russian-Kazakhstan or Russian-Belarus sites of frontier of Russian
Federation.
5. The cars specified in the point 1 of present article registered in the
territory of Republic Belarus or Republics Kazakhstan can be temporarily
imported on the territory of Russian Federation only by the persons constantly
living in Republic Belarus or Republic Kazakhstan without payment of the
customs duties, taxes and without entering of maintenance of payment of the
customs duties, taxes. Import and use of such cars by other persons in the
territory of Russian Federation and also their alienation, transfer to using,
the order in the territory of Russian Federation are supposed only under
condition of their customs declaring in customs bodies of the Russian
Federation and payment of the customs duties, taxes according to point 1 of
present article.
6. Additional conditions of using and (or) orders and also registration in
the territory of Russian Federation of the cars specified in point 1 of the
present article before getting the status of the goods of the customs union by
them and also an order of such using and (or) orders realisation of their
registration are defined according to the legislation of the Russian
Federation.
7. Customs bodies of Republic Belarus, Republic Kazakhstan and Russian
Federation communicate about the cars imported and have been let out in the
free circulation in the territory of Republic Belarus or Republic Kazakhstan
after January, 1st, 2010 and the size of the paid sums of the customs duties,
taxes concerning such cars.
8. The goods for a private use except for the cars specified in point 1 of
the present article imported by physical persons on the territory of member
state of the customs union before the Code coming into force, from the date of
the Code coming into force are considered as the goods of the customs union.
The cars specified in point 1 of the present article after January, 1st,
2013 are admitted in Russian Federation as the goods of the customs union
irrespective of the payment fact in the federal budget of the Russian
Federation of the customs duties, taxes at a rate of a difference of the paid
sums of the customs duties, taxes and the sums of the customs duties, the taxes
which are subject to payment under rates, specified in the appendix 5 to
the present Agreement.
Clause
18
The status
of appendices and modification order
Appendices to the present Agreement are its integral part.
By arrangement of the Sides changes which are made out by the separate
reports which are an integral part of the present Agreement can be made to the
present Agreement and appendices to it.
Clause
19
Settlement
of disputes
Disputes between the Sides connected with interpretation and (or)
application of positions of the present Agreement are resolved first of all by
consultations and negotiations.
If dispute is not settled by the sides of dispute by negotiations and
consultations within six months from the date of the official written request
for their carrying out directed to one of the sides of dispute to other side of
dispute that in the absence of other arrangement between the sides of dispute
concerning a way of its permission any of the dispute sides can transfer this
dispute for consideration in the Court of the Eurasian economic community.
The commission of the customs union assists the Sides in settlement of
dispute before its transfer for consideration in the Court of the Eurasian
economic community.
Clause
20
Order of the
coming of the Agreement into the force
The present Agreement is subject to ratification and is temporarily applied
from an effective date of the Contract on the Customs code of the customs union
from November, 27th, 2009.
The present Agreement comes into force from the date of reception by
depositary of the last notice in writing on diplomatic channels about
fulfilling by the Sides of the interstate procedures necessary for the
introduction of the present Agreement in force.
It is made in the city of St.-Petersburg on June, 18th, 2010 in one
original copy in Russian language
The original copy of the present Agreement is stored in the Commission of
the customs union which will direct a certified copy of the present Agreement
to each Side.
The appendix 1
The list of
goods
Not related
to the goods for private use.
№ |
Description of goods * |
Code CN
FTA CU |
1. |
Natural diamonds. |
7102 |
2. |
The taken out goods in
relation of which the legislation of member states of the customs union
establishes the export customs duties except for following goods:
fish, seafood (except caviar
of sturgeon kinds of fish) in number of no more than 5 kg; **
caviar of sturgeon kinds of
fish in weight no more than 250 grammes;
the fuel which there is in
usual tanks of a transport vehicle for a private use and also in number of no
more than 10 litres being in separate reservoir;
taken out precious metals
and jewels in customs cost more than 25000 US dollars in an equivalent
(customs cost of taken out precious metals and jewels does not join cost
before imported by physical persons in the customs union and also precious
metals temporarily taken out from the customs union and jewels) ** |
from 0301-0304, 0306
1604 30
100 0
2710
11410 0 -2710 11590 0,
2710
19410 0 -2710 19490 0
from 71 |
3. |
Central
heating coppers |
8403 10 |
4. |
Internal combustion engines
except for engines for water courts |
8407 |
5. |
Mowers (except mowers for
lawns, parks or athletic fields), cars for preparation of hay, harvesting,
the car or mechanisms for thrashing, the press for packing in straw and hay bales;
cars for clearing, sorting or calibrations of eggs, fruits or other
agricultural products |
8433
20-8433 90 |
6. |
Cars,
mechanisms, the equipment |
8434-8442,
8444 00 – 8449 00000 0, 8453 – 8466, 8468, 8474 -8480, 8486, 8514,
8530, 8534 00, 8535, 8545, 8548, 9024, 9027, 9030, 9031 |
7. |
Solariums for sunburn |
8543
70510 1,
8543
70550 1 |
8. |
Tractors; motor vehicles of
a special purpose except cargoes used for transportation or passengers;
industrial function transport vehicles self-propelled not equipped with
elevating or loading devices |
8701,
8705, 8709 |
9. |
Trailers for transportation
of cars ** |
from 8716 39 |
10. |
Vessels, boats and floating
designs except for yachts and other floating crafts for rest and sports,
rowboats and a canoe |
from 89 |
11. |
Medical techniques and the
equipment except for necessary for use on the way or under medical
indications ** |
from 9018, 9019, 9022 |
12. |
Apparatus and the equipment
for photo laboratories |
9010 |
13. |
Devices, apparatus and the
models intended for the demonstration purposes |
9023 00 |
14. |
Medical, surgical,
stomatologic or veterinary furniture; hairdresser's armchairs and similar
armchairs; their parts |
9402 |
15. |
The games put in action by
coins, banknotes, bank cards, counters or similar means of payment |
9504 30 |
16. |
The goods which are subject
to the export control according to the legislation of member state of the
customs union |
|
* the goods are defined exclusively by their code according to ТН CN FTA CU except
for the goods noted by a symbol «**»;
** the goods are defined both by their code and their name
The appendix 2
The list of personal use goods which import and (or) export from the
Customs Union is banned or restricted
I.The list of personal use goods which import and (or)
export from the Customs Union is banned
1. |
While crossing the customs border in any manner: |
1.1 |
printed, audiovisual and other information banned from the import, export
and transit through the customs territory of the Customs Union; |
1.2 |
service and civilian weapons, their major parts and ammunition banned
from the import, export and transit through the customs territory of the
Customs Union; |
1.3 |
hazardous waste banned from the import and (or) restricted from import
and (or) export |
1.4 |
undercover surveillance and intelligence gathering equipment which import
and export from the Customs Union is restricted; |
1.5 |
poisonous substances that are not precursos of narcotic drugs and
psychotropic substances which movement across the customs border is
restricted; |
1.6. |
Narcotic drugs, psychotropic substances and their precursors, except for
a certain amount of narcotic drugs and psychotropic substances for personal
use for medicinal purposes (in this case the necessary documents should be
presented), as well as precursos in the amount allowed by the national
legislations of the Customs Union member states; |
1.7 |
human organs and (or) tissues, blood and its components which import and
(or) export from the Customs Union is restricted; |
2. |
While exporting products in any manner: |
2.1 |
ferrous and non-ferrous scrap and waste included in the list of goods
which export and (or) import is restricted |
2.2 |
raw precious metals, scrap and waste of precious metals, ore and
concentrates of precious metals and raw commodities containing precious
metals, which export from the Customs Union is restricted; |
2.3 |
minerals (natural unprocessed stones) which export from the Customs Union
is restricted; |
2.4 |
information on mineral resources when the export of this information is
restricted; |
2.5 |
wild herbs (plants, parts of plants, seeds, fruits); the export of over
three items of each type is restricted; |
2.6 |
wild living animals and some wild plants (except for hunting and fishing
trophies); the export of over three items of each type is restricted; |
3. |
While importing products in any manner: |
3.1 |
ozone depleting substances which import to the Customs Union is banned; |
3.2 |
plant protection agents which import to the Customs Union is banned under
the Stockholm Convention on Persistent Organic Pollutants of 22 May 2001; |
3.3 |
fishing tools which import to the Customs Union is banned; |
3.4 |
over 5 liters of ethanol and alcoholic products by a person over 18; |
3.5 |
over 200 cigarettes or 50 cigars or 250g of tobacco or a set of these
products weighing over 250g per one person over 18; |
4. |
By international mail(in addition to pp 1-3
of the chapter): |
4.1 |
alcoholic beverages, ethanol,
beer; |
4.2 |
all types of tobacco products and smoking mixes; |
4.3 |
all types of weapons (or their parts), ammunition (or its parts), which
are similar to civilian or service weapons; |
4.4 |
radioactive materials; |
4.5 |
cultural valuables; |
4.6 |
perishable goods; |
4.7 |
living animals, except for bees, leeches and silkworms; |
4.8 |
plants in any form or condition, seeds; |
4.9 |
precious stones in any form or condition, natural diamonds, except for
jewelry; |
4.10 |
narcotic drugs, psychotropic substances and their precursors, including
in the form of medicines; |
4.11 |
ozone depleting substances; |
4.12 |
other goods banned from sending by the regulations of the Universal
Postal Union and customs laws of the Customs Union |
II.The list of personal use goods which import and (or)
export from the Customs Union is restricted
1. |
While crossing the customs border in any manner: |
|
Cryptographic means which import and export from the Customs Union is
restricted. |
2. |
While crossing the customs border in any manner except for international
mail: |
2.1 |
ozone depleting substances, which import and export from the Customs
Union is restricted |
2.2 |
specified amounts of narcotic drugs and psychotropic substances in the
form of medicines for personal use for medicinal purposes (in this case the
necessary documents should be presented) as well as precursos in the amount
allowed by the national legislations of the Customs Union member states; |
2.3 |
service and civilian weapons, their major parts and ammunition which
import, export and transit through the customs territory of the Customs Union
is restricted |
3. |
While importing products in any manner: |
|
electronic means and (or) civilian high frequency devices, including
built-in devices or devices that make part of other goods which import to the
Customs Union is restricted. |
4. |
While exporting products in any manner: |
4.1 |
collections and collectibles on mineralogy and paleontology which export
from the Customs Union is restricted; |
4.2 |
wild plants and animals falling within the Convention on the
International Trade in Endangered Species of Wild Fauna and Flora of 3 March
1973 which export from the Customs Union is restricted; |
4.3 |
rare and endangered species of wild plants and animals, their parts and
(or) derivatives included in the endangered species lists of the Republic of Belarus,
the Republic of Kazakhstan and the Russian Federation which export from the
Customs Union is restricted |
4.4. |
documents of the national archives, originals of archive documents, which
export from the Customs Union is restricted |
5. |
While exporting products from the Customs Union in any manner except for
international mail: |
|
Cultural valuables |
The appendix 3
The goods
for a private use moved through customs border with the exemption of customs
payments
№ |
Category of goods |
Standards of import |
I. The
goods for private use except transport vehiclesimported on customs
territory of customs union in accompanied or unaccompanied luggage |
1. |
Goods for private use
(except ethanol and the indivisible goods) transported by air transport |
customs cost of which does
not exceed the sum equivalent of10 000 euros and gross weight of which
does not exceed 50 kgs |
including: |
|
alcoholic
drinks and beer |
no more than3 litresper
one physical person who has reached of 18-year-old age |
tobacco
and tobacco products |
200 cigarettes or 50 cigars
(cigarillos) or 250 grammes of tobacco or the specified products in
assortment in gross weight no more than 250 grammes per on one physical
person who has reached of 18-year-old age |
Transported by other modes
of transport |
customs cost of which does
not exceed the sum equivalent of1500 euros and gross weight of which
does not exceed 50 kgs |
including: |
|
alcoholic
drinks and beer |
no more than3
litresper one physical person who has reached of 18-year-old age |
tobacco
and tobacco products |
200 cigarettes or 50 cigars
(cigarillos) or 250 grammes of tobacco or the specified products in
assortment in gross weight no more than 250 grammes per on one physical
person who has reached of 18-year-old age |
2. |
The goods which were in the
use for a private use according to the appendix 4 to the present Agreement
temporarily imported by foreign physical persons on customs territory of the
customs union |
irrespective of their
customs cost and weight |
3. |
The goods for a private use
except for the vehicle bodies imported by diplomatic workers and workers
administratively-technicians directed for work in diplomatic representatives
or consular establishments of member state of the customs union and also
members of their families in common living with them:
- no more than once a
calendar year within the period of stay abroad on condition of documentary
acknowledgement by corresponding diplomatic representatives, consular
establishment of member state of the customs union of the purpose of stay in
the foreign state in an order provided by the legislation of member state of
the customs union;
- in case of response in the
established order and (or) returning to member state the customs union in
connection with early cancellation of the labor contract (contract) on
condition of documentary acknowledgement of the fact of such response and
(or) returning in an order provided by the legislation of member state of the
customs union or imported by other persons for and on behalf of the specified
workers |
irrespective of customs cost
and weight
|
4. |
The goods for private use
except for the vehicle bodies imported by the physical persons directed for
work in the foreign state by state structures (federal public authorities)
which term of stay outside of customs territory of the customs union made not
less than 11 months, no more often than once a calendar year within the
period of stay abroad on condition of documentary acknowledgement by a
corresponding state structure (federal public authority) the period and the
purpose of stay in the foreign state in an order provided by the legislation
of member state of the customs union or imported by other persons for and on
behalf of such persons to member state the customs union |
irrespective of their
customs cost and weight
|
5. |
The goods for a private use
except for the vehicle bodies member states imported by physical persons of
the customs union temporarily living abroad, in case of their staying on the
consular account in the foreign establishment member states the customs
union not less than 1 year at their returning to member state the customs
union on condition of representation of the documents which have been given
out by diplomatic representatives or consular establishments of member state
of the customs union abroad confirming the fact of being on such account and
returning to member state the customs union in an order provided by the
legislation of member state of the customs union |
customs cost of which does
not exceed the sum equivalent of 5000 euros
|
6. |
The goods for a private use
received by the physical person of the member states of the customs union in
the inheritance outside of customs territory of the customs union (recognized
as inherited property) on condition of documentary acknowledgement of the
fact of reception of such goods in the inheritance (recognitions of the
inherited property) in an order provided by the legislation of member state
of the customs union |
irrespective of their customs
cost and weight |
7. |
The goods for a private use
imported back in an invariable condition except changes owing to natural
deterioration or a natural decrease on normal conditions of transportations
(transportation), storage and (or) use (operation), after their export beyond
the customs territory of the customs union on condition of acknowledgement of
their export. By the legislation of member state of the customs union the
order of acknowledgement of such export can be established.
In case if the person cannot
confirm export of such goods for application of the present subparagraph such
goods are released from payment of customs payments provided that customs
cost and gross weight of the imported goods do not exceed the cost and weight
(quantitative) norms established by point 1 of the present section |
irrespective of their
customs cost and weight
|
8. |
The goods which were in the
use for a private use imported by the physical persons recognized according
to the legislation of member state of the customs union by refugees, the
compelled immigrants and also arriving (moving) to member state the customs
union on a constant residence at simultaneous fulfilling of following
conditions:
import of the goods for a
private use on customs territory of the customs union from the country of the
previous residing is carried out not later than 18 months from the date of
arrival of the specified person on a constant residence to member state the
customs union;
such goods are got before
date of a recognition of physical persons according to the legislation of
member state of the customs union the refugees compelled by immigrants or
before date of arrival (resettlement) on a constant residence to member state
of the customs union |
irrespective of their customs
cost and weight |
9. |
Cultural values on condition
of their reference to that according to the legislation of member state of
the customs union |
irrespective of their
customs cost and weight |
10. |
Urns with remains (ashes),
coffins with bodies (remains) of the dead persons |
|
II. Goods
for private use except for transport vehicles delivered by a carrier to the
physical person |
11. |
The goods for a private use
(except for ethyl spirit, alcoholic drinks, beer and the indivisible goods)
imported within a calendar month to one addressee |
customs cost of which does
not exceed the sum equivalent of 1000 euros and weight does not exceed 31 kgs
* |
12. |
The goods which were in the
use for a private use imported by the physical persons recognised according
to the legislation of member state of the customs union by refugees, the
compelled immigrants and also arriving (moving) to member state the customs
union on a constant residence, at simultaneous fulfilling of following
conditions:
import of the goods for a
private use on customs territory of the customs union from the country of the
previous residing is carried out not later than 18 months from the date of
arrival of the specified person on a constant residence to member state the
customs union;
such goods are got before
date of a recognition of physical persons according to the legislation of
member state of the customs union the refugees compelled by immigrants or
before date of arrival (resettlement) on a constant residence to member state
of the customs union |
irrespective of their
customs cost and weight |
13. |
Cultural values on condition
of their reference to that according to the legislation of member state of
the customs union |
irrespective of their
customs cost and weight |
14. |
The goods for a private use
received by the physical person of the member states of the customs union in
the inheritance outside of customs territory of the customs union (recognized
as inherited property) on condition of documentary acknowledgement of the
fact of reception of such goods in the inheritance (recognitions of inherited
property) in an order provided by the legislation of member state of the
customs union |
irrespective of their
customs cost and weight |
15. |
Urns with remains (ashes),
coffins with bodies (remains) of the dead persons |
|
III. The
goods for private use except for the transport vehicles sent to the
international mail on customs territory of the customs union |
16. |
The goods for a private use
(except for the indivisible goods) sent within a calendar month to one
addressee who is a physical person being in customs territory of the customs
union |
customs cost of which does
not exceed the sum equivalent of 1000 euros and gross weight of which does
not exceed 31 kgs * |
17. |
Urns with remains (ashes),
coffins with bodies (remains) of the dead persons |
|
IV. The
goods for private use except for the transport vehicles exported in any way |
18. |
Precious metals and the
jewels earlier imported on customs territory of the customs union both by
physical persons of member states of the customs union and by foreign
physical persons with representation of the documents issued by customs
bodies confirming the fact of their import |
irrespective of their
customs cost and weight |
19. |
Precious
metals and jewels |
in customs cost in the
equivalent no more than $ 25 000. Customs cost of exported precious metals
and gems does not include the cost of precious metals and gems, which were
previously imported to the Customs Union or temporally exported from the
Customs Union by natural persons |
20. |
Other goods for a private
use except for the goods specified in points 18 and 19 sections IV of the
present Appendix |
irrespective of their
customs cost and weight |
V.
Transport vehicles for a private use moved through customs border in any
manner |
21. |
Transport vehicles for
private use the member states registered in territory of the customs union
temporarily exported beyond the customs territory of the customs union and
back imported on customs territory of the customs union in any way |
|
22. |
Transport vehicles for
private use registered in territory of the foreign state temporarily imported
on customs territory of the customs union by foreign physical persons in any
way, – for the term of the temporary stay in this territory but no more than
for one year |
|
23. |
Transport vehicles for
private use registered in territory of the foreign state temporarily imported
by physical persons of member states of the customs union in any way for the
term which does not exceed six months. Temporary import of such transport
vehicles is supposed on condition of maintenance of payment of the customs
duties, taxes according to the customs legislation of the customs union |
|
24. |
The car and the trailer that
are in the property of physical persons recognized according to the
legislation of member state of the customs union by the refugees, compelled
immigrants and also arriving (moving) to member state the customs union on a
constant residence, – at simultaneous fulfilling of following conditions:
their import on customs
territory of the customs union from the country of the previous residing is
carried out not later than 18 months from the date of arrival of the
specified person on a constant residence to member state the customs union;
such car and trailer should
be in the property of the specified persons and be registered on such
persons in the country of the previous residing within no less than 6 months
before date of their arrival (resettlement) on a constant residence |
in number of no more than
one car and one trailer |
25. |
The car, the trailer
received by the physical person of member state of the customs union in the
inheritance outside of customs territory of the customs union (recognized as
inherited property) on condition of documentary acknowledgement of the fact
of reception of such car and trailer in the inheritance (recognitions of the
inherited property) in an order provided by the legislation of member state
of the customs union (recognized as inherited property) |
in number of no more than
one car and one trailer |
26. |
Transport vehicles for
private use exported beyond the customs territory of the customs union in any
way. |
|
* more rigid norms of import of the goods for private use with exemption of
customs paymentscan be established by legislation of member states of the
customs union
The appendix 4
To the Agreement on a moving
order
of the goods for private use
through customs border of the customs union by
physical personsand
fulfillment of customs operationsconnected with their release
The list of
the goods which were in the use for private use temporarily imported on customs
territory of the customs union by foreign physical persons with exemption of
customs payments
№ |
Description
of goods for private use |
Number |
1. |
Jewels |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
2. |
Subjects
of personal hygiene |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
3. |
Cameras; |
in number of no more than 1
unit |
Videocameras; |
in number of no more than 1
unit |
Movie
cameras; |
in number of no more than 1
unit |
Accessories
to them |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
4. |
Digital and analogue
portable video recorders |
in number of no more than 1
unit |
5. |
Portable
film projectors; |
in number of no more than 1
unit |
|
Projectors for viewing of
slides |
in number of no more than 1
unit |
|
With accessories to them and
with films and slides |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
6. |
Portable sound recording and
reproducing equipment (including dictaphones); |
in number of no more than 1
unit |
|
DVD -
players; |
in number of no more than 1
unit |
|
Accessories
to them |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
7. |
Portable players of
phonograph records |
in number of no more than 1
unit |
|
And
phonograph records |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
8. |
Sound recording carriers
without record and with record |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
9. |
Portable
radio receivers; |
in number of no more than 1
unit |
|
Flesh-players; |
in number of no more than 1
unit |
|
Accessories
to them |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
10. |
TVs with the size of a
diagonal of the screen no more than 42 sm
|
in number of no more than 1
unit |
11. |
Portable
typewriters |
in number of no more than 1
unit |
12. |
Field-glasses |
in number of no more than 1
unit |
13. |
Mobile
phones |
in number of no more than 2
unit |
14. |
Portable
personal computers (laptops) |
in number of no more than 1
unit |
|
Accessories
to them |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
15. |
Portable
musical instruments |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
16. |
Children's
carriages |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
17. |
Carriages
for invalids |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
18. |
The children's seats fixed
on seats of cars |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
19. |
Stock and accessories to
sports, tourism and hunting, balloons |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
20. |
Portable dialyzers and
similar medical devicesand also spent materials to them |
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
21. |
Pets including intended for
hunting, sports, tourism
|
in number necessary for use
within the period of temporary stay in customs territory of the customs union |
The appendix 5
To the Agreement on a moving
order
of the goods for private use
by physical persons through customs border of
the customs unionand
fulfillment of customs operationsconnected with their release
The goods
for private use moved through customs border with payment of the customs
duties, taxes
№ |
Category
of the goods |
Norms of
import |
Rates of
the customs duties, taxes |
I. The
goods for private use except for the transport vehicles imported on customs
territory of the customs union
In
accompanied and unaccompanied luggage |
1. |
The goods for private use
(except for ethyl spirit and the indivisible goods) |
customs cost of which
exceeds the sum equivalent of 1500 euros and (or) gross weight of which is
over 50 kgs |
at the unitary rate of 30
percent from their customs cost but not less than 4 euros for 1 kg of weight
regarding excess of weight norm of 50 kgs and (or) cost norm 1500 euros in
the equivalent |
2. |
The indivisible goods for
private use |
irrespective of their
customs cost and weight |
in the form of cumulative
customs payment |
3. |
Ethyl spirit of commodity
positions 2207 and 2208 90 CN FTA CU |
in quantity up to 5 litres |
at the unitary rate of 22
euros for 1 litre |
4. |
Alcoholic
drinks and beer |
in quantity from 3 up to 5
litres inclusive |
at the unitary rate of 10
euros for 1 litre regarding excess of quantitative norm of 3 litres |
5. |
The goods for private use
specified in point 5 of section I of appendix 3 to the present Agreement |
customs cost of which
exceeds the sum equivalent of 5000 euros |
at the unitary rate of 30
percent from their customs cost but not less than 4 euros for 1 kg of weight
regarding excess of cost norm 5000 euros in the equivalent |
II. The
goods for private use except for the transport vehicles delivered by a
carrier to the physical person |
6. |
The goods for private use
(except for ethyl spirit, alcoholic drinks, beer and the indivisible goods)
imported within a calendar month to one addressee |
customs cost of which
exceeds the sum equivalent of 1000 euros and (or) gross weight of which is
over 31 kgs |
at the unitary rate of 30
percent from their customs cost but not less than 4 euros for 1 kg of weight
regarding excess of cost norm 1000 euros in an equivalent and (or) weight 31 kgs* |
7. |
Indivisible goods |
irrespective of their
customs cost and weight |
in the form of cumulative
customs payment |
III. The
goods for private use except for the transport vehicles sent to the
international postings on customs territory of the customs union |
8. |
The goods for private use
(except for the indivisible goods) sent within one month to one addressee who
is the physical person being in customs territory of the customs union
|
customs cost of which
exceeds the sum equivalent of 1000 euros and (or) gross weight of which is
over 31 kgs |
at the unitary rate of 30
percent from their customs cost but not less than 4 euros for 1 kg of weight
regarding excess of cost norm 1000 euros in an equivalent and (or) weight 31 kgs*
|
9. |
Indivisible goods |
irrespective of their
customs cost and weight |
in the form of cumulative
customs payment |
IV.
Transport vehicles for a private use moved through customs border in any way |
10. |
Quadrocycles, snowmobiles,
other automobile vehicles classified in a commodity position 8703 CN FTA
CUnot intended for movement on public roads, trailers, motorcycles,
mopeds, motor scooters, motor vehicles for transportation no more than 12
persons including the driver classified in a commodity position 8702 CN FTA
CU motor vehicles for transportation of cargoes with full weight to 5
tons classified in a commodity position 8704 21 and 8704 31 CN FTA CU
water and the aircrafts which haven’t been registered in customs territory
and territory of the foreign |
|
in the form of cumulative
customs payment |
11. |
Transport vehicles for
private use registered in the territory of the foreign states and temporarily
imported by the foreign physical persons which term of staying in the
territory of the customs union has exceeded 1 year from the date of their import |
|
at the unitary rates
established in points 10 and 12 sections IV of the present appendix |
12.** |
The cars imported by
proprietors or other physical persons on the instructions of the proprietor,
the car not leaving for acquisition beyond the customs territory of the
customs union without depending on the place of fulfillment of such
transaction on acquisition; |
no more than 3 years has
passed since the moment of their release: |
|
customs cost of which
exceeds the sum equivalent of 8500 euros
|
54 percent of customs cost
but not less than 2,5 euros for 1 cubic centimeters of useful capacity of the
engine; |
customs cost of which
exceeds the sum equivalent of 8500 eurosbut doesn’t exceed 16700 euros
in the sum of equivalent
|
48 percent of customs cost
but not less than 3,5 euros for 1 cubic centimeters of useful capacity of the
engine;
|
customs cost of which
exceeds the sum equivalent of 16700 eurosbut doesn’t exceed 42300 euros
in the sum of equivalent
|
48 percent of customs cost
but not less than 5,5 euros for 1 cubic centimeters of useful capacity of the
engine;
|
customs cost of which
exceeds the sum equivalent of 42300 eurosbut doesn’t exceed 84500 euros
in the sum of equivalent
|
48 percent of customs cost
but not less than 7,5 euros for 1 cubic centimeters of useful capacity of the
engine;
|
customs cost of which
exceeds the sum equivalent of 84500 eurosbut doesn’t exceed 169000
euros in the sum of equivalent
|
48 percent of customs cost
but not less than 15 euros for 1 cubic centimeters of useful capacity of the
engine;
|
customs cost of which
exceeds the sum equivalent of 16900 euros
|
48 percent of customs cost
but not less than 20 euros for 1 cubic centimeters of useful capacity of the
engine;
|
concerning cars from
the moment of which release more than 3 but no more than 5 years have passed:
|
|
useful capacity of the
engine of which doesn’t exceed 1000 cubic centimeters,
|
at the rate of 1,5 euros for
1 cubic centimeters of useful capacity of the engine;
|
|
|
useful capacity of the
engine of which is more than 1000 cubic centimeters but doesn’t exceed 1500
cubic centimeters,
|
at the rate of 1,7 euros for
1 cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 1500 cubic centimeters but doesn’t exceed 1800
cubic centimeters,
|
at the rate of 2,5 euros for
1 cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 1800 cubic centimeters but doesn’t exceed 2300
cubic centimeters,
|
at the rate of 2,7 euros for
1 cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 2300 cubic centimeters but doesn’t exceed 3000
cubic centimeters,
|
at the rate of 3 euros for 1
cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 3000 cubic centimeters,
|
at the rate of 3,6 euros for
1 cubic centimeters of useful capacity of the engine;
|
concerning cars from the
moment of which release more than 5 years have passed:
|
|
useful capacity of the
engine of which doesn’t exceed 1000 cubic centimeters,
|
at the rate of 3 euros
for 1 cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 1000 cubic centimeters but doesn’t exceed 1500
cubic centimeters,
|
at the rate of 3,2 euros for
1 cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 1500 cubic centimeters but doesn’t exceed 1800
cubic centimeters,
|
at the rate of 3,5
euros for 1 cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 1800 cubic centimeters but doesn’t exceed 2300
cubic centimeters,
|
at the rate of 4,8 euros for
1 cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 2300 cubic centimeters but doesn’t exceed 3000
cubic centimeters,
|
at the rate of 5 euros for 1
cubic centimeters of useful capacity of the engine;
|
useful capacity of the
engine of which is more than 3000 cubic centimeters,
|
at the rate of 5,7 euros for
1 cubic centimeters of useful capacity of the engine;
|
* by the legislation of member state of the customs union more rigid norms
of import of the goods for private use can be established and regarding the
excess of which the customs duties, taxes are paid
** according to the other international contract of member states of the
customs union these states can establish other unitary rates of the customs
duties, taxes
The appendix 6
To the Agreement on a moving
order
of the goods for a private use
by physical persons through customs border of the customs union
and fulfillment of customs
operations
connected with their release
Order of
detection of the moment of release and engine volumeof a car-, motor transport vehicle
1. The release moment that is the manufacturing date, useful capacity of
the engine of a car-, motor transport vehicleare defined by the customs
applicant on the basis of:
1) the data that is in the documents confirming their registration in the
state of the previous registration;
2) information of the manufacturer or the general importer, the dealer, the
distributor or other representative of interests of the manufacturer in member
state of customs union including the information on the identification labels
or tablets or coded in the number of a body of a car–, motor transport vehicle;
3) other auxiliary sources of the information.
2. Thus auxiliary sources of the information are used only in the absence
of data or the documents specified in subparagraphs 1) or 2) of point 1 of the
present appendix.
As auxiliary sources of the information expert judgments of Commercial and
industrial chamber of member state of the customs union and its structural
divisions and also other information and help sources accessible to the customs
applicant can be applied.
The conclusion of the representative of interests of the manufacturer of a
car-, motor transport vehicle in member state the customs union can be
requested by customs body after the end of the customs operations connected
with release of a car-, motor transport vehicle with a goal of the control of
data on the moment of release and (or) useful capacity of cylinders of the
engine of a car-, motor transport vehicle.
In the presence of the inconsistent information the moment of release in
specified documents and data in points 1 and 2 of the present appendices data
and (or) useful capacity of cylinders of the engine of a car-, motor transport
vehicle are defined on the basis of the conclusion of the representative of
interests of the manufacturer of a car-, motor transport vehicle in the member
state the customs union, the conclusions of customs or judicial examinations.
3. In a case when the exact date of manufacturing is not defined but there
is an information about a year or a year and a month of manufacturing of a
car-, motor transport vehicle manufacturing date is considered on July, 1st of
the year of manufacturing or 15th date of manufacturing accordingly.
4. Inthe absence of documents and the information about the data
specified in point 1 of the present appendix the year of release of a car-,
motor transport vehicle is defined on the code of manufacturing specified in
identification number of a car-, motor transport vehicle. Thus full year is
estimated since July, 1st of the year of release.
|