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Foreign economic activity. Customs clearance (most important)

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58. Customs clearance

All goods and vehicles moved across the customs border shall be subject to customs clearance.

Customs clearance of goods begins:

1) when importing goods - at the time of submission to the customs authority of a preliminary customs declaration, oral statement or other actions indicating the intention of the person to carry out customs clearance;

2) when exporting goods - at the time of submission of the customs declaration, oral application or other actions indicating the intention of the person to carry out customs clearance.

Customs clearance is completed by the performance of customs operations necessary to apply customs procedures to goods, to place goods under a customs regime or to terminate this regime, if such a customs regime is valid for a certain period, as well as to calculate and collect customs payments.

In some cases, the performance of certain customs operations requires a permit from the customs authority, which is issued immediately after the official of the customs authority is satisfied that the necessary conditions are met, but no later than the deadline for checking the customs declaration, other documents and checking the goods. Permission may be issued in writing.

Customs clearance of goods is carried out at the location of the customs authorities during the work of these authorities. However, individual customs operations may be carried out outside the locations and outside the working hours of the customs authorities.

To carry out customs clearance, it is necessary to provide the customs authorities with certain documents and information, the lists of which are established by the federal ministry authorized in the field of customs affairs. It also establishes the deadlines for the provision of such documents and information.

The customs authorities are not entitled to refuse to accept the documents required for customs clearance due to the presence of inaccuracies in them that do not affect the determination of the amount of customs payments payable, the adoption of decisions by the customs authorities regarding the application of prohibitions and restrictions established in accordance with the legislation of the Russian Federation. Federation on State Regulation of Foreign Trade Activity. If the customs authority refuses to accept the said documents, this authority shall notify the person who submitted these documents of the reasons for the refusal. At the request of this person, the customs authority shall submit the said notification in writing.

Documents required for customs clearance are submitted in the form of originals or copies certified by the person who submitted them, declarant or authorized bodies that issued such documents, or notarized. Documents required for customs clearance may be submitted in the form of electronic documents in accordance with the Customs Code of the Russian Federation.

Customs fees are charged for customs clearance. At the request of the customs authority, the interested persons or their representatives must be present during the customs clearance.

Customs clearance, including filling in the documents required for customs clearance, is carried out in Russian.

Customs clearance can be completed only after the implementation of sanitary-quarantine, quarantine phytosanitary, veterinary and other types of state control of the import of goods into the customs territory of the Russian Federation or their export from this territory, if the goods are subject to such control in accordance with the law.

Author: Bobkova O.V.

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