Application
To the Contract about the Customs code
Customs union accepted
By the decision of Interstate Council
The Euroasian economic community
( Supreme body of customs union)
At a level of the chapters of the states
From November 27, 2009 N 17
(unofficial translation)
SECTION 3. CUSTOMS CONTROL Chapter 19. << >> Chapter 21. C H A P T E R 20. "Customs examination during the customs control"
A r t i c l e 137.
Terms used in this chapter
In this chapter, the following terms and their definitions:
1) Finally - a document containing the results of the study and the findings of the customs examination, designed in accordance with the legislation of States - members of a customs union;
2) sample - a unit of goods (products), corresponding to the structure, composition and properties of the whole Party, a series of goods (products), or a single object, which is submitted in writing and other forms of display, the selection is to further the study recorded in the prescribed manner;
3) test - a product or part of the goods, the optimal necessary, to establish documentation standards that characterize the composition and properties of the entire volume of the sending and the test product;
4) customs expert - customs official who is authorized to carry out customs examination;
5) customs examination - the organization and conduct of research carried out by customs experts, and (or) other experts in the use of special and (or) scientific knowledge to solve problems in the area of customs regulation.
A r t i c l e 138.
Appointment of customs examination
1. Customs examination shall be appointed in cases where in order to clarify the issues in carrying out customs operations require special knowledge.
2. Customs examination is appointed by the customs authorities and carried out by customs experts, and experts or specialists of other authorized entities designated by the customs authorities.
Appointment of customs examination in other authorized organization is made only in case of inability to conduct such an examination by customs experts.
As an expert may be appointed any person having the required specialized knowledge for giving an opinion.
Expert, not an officer of customs authorities, being used for the customs examination in accordance with the laws of - members of the customs union.
3. Customs examination is appointed in respect of goods, including vehicles, customs, transport (shipping), commercial and other documents required to carry out customs operations, and their means of identification.
4. Authorized officer of the customs authority accepts a written decision on the appointment of customs examination, which includes the grounds for its holding, the first name and patronymic customs expert (s) or organization name, which must be carried out customs examination, the questions put to Customs expert (s), list of materials and documents available to the customs expert (s), the period of the customs examination and advice to the customs authority.
The decision also indicated for the Prevention of an expert on liability for knowingly giving false conclusion.
5. The head commissioner of the customs authority, organization, or his deputy shall have the right to refuse to customs examination in the following cases:
1) lack of information for customs examination;
2) the improper execution of the decision on the appointment of customs examination;
3) preservation of non-compliance packaging samples or specimens of the description specified in the decision on the appointment of customs examination;
4) the absence of the state commissioner of the customs authority of the customs expert qualifications required;
5) lack of necessary material and technical basis, the special provisions for the customs examination.
6. Refusal to customs examination shall be in writing stating the reasons for refusal. Submissions, documents, samples and specimens are returned to the customs authority, appointed the customs examination.
7. The customs authority not later than the day following the day the decision on the appointment of customs examination, shall notify the declarant or other person having authority over the goods, the appointment of customs examination.
8. The costs of the customs examination shall be reimbursed from the state budget - a member of the Customs Union, customs authorities which appointed customs examination.
A r t i c l e 139.
Procedure and time for customs examination
1. The order of the customs examination is determined by the Commission of the customs union.
2. The term of the customs examination of 20 (twenty) working days from the date of acceptance by the customs expert of materials for production.
The term of the customs examination may be extended with the written permission of the head of the customs authority conducting the customs examination, or his deputy, with the reasons for such extension for a period not exceeding the period of temporary storage of goods, if the output of goods is not carried out pending the results of examination and notification customs authority, appointed the customs examination.
In the case of the customs examination in another authorized organization of the customs examination period may be extended with the written permission of the head of the customs authority, which appointed the customs examination, the reasons for such extension for a period not exceeding the period of temporary storage of goods, if the output of goods is not carried out until the examination results .
3. The term of the customs examination shall be suspended:
in case of application of the customs expert (s) before the customs authority, which appointed the customs examination of additional materials, as well as samples and specimens;
In other cases, the legislation states - members of the customs union.
4. According to the results of the customs examination conclusion is issued customs expert (s).
A r t i c l e 140.
Rights and obligations of customs expert
1. Customs expert may:
1) familiarize themselves with the materials related to the customs examination;
2) engage with the consent of the customs authorities of the other experts in the production of customs examination;
3) refuse for 1 (one) working days from the date of receipt of materials for the customs examination of the customs examination if the questions were outside its jurisdiction, or by responding to issues not within its competence;
4) request in writing within 3 (three) working days from receipt of materials for the customs examination of additional materials needed for the customs examination;
5) receive required to provide an opinion papers and documents, including samples and specimens for study;
6) clarify the matter referred to it in accordance with their special knowledge and competence;
7) use of scientific and technical information from published special and other sources;
8) use the results of their tests and examinations;
9) to participate in customs control.
2. Customs expert shall:
1) familiarize themselves with the materials related to the customs examination;
2) include in the conclusion of the findings about the circumstances that have value for customs purposes, about which no questions were asked;
3) conduct research presented at the customs examination of samples and subject to their affordability and reliability, provide conclusion on the basis of full, comprehensive and objective evaluation of research results;
4) Do not disclose information obtained as a result of the customs examination, do not use them for other purposes and should not disclose to third parties except as required by law states - members of a customs union;
5) comply with deadlines for customs examination.
3. In case of failure or improper performance of their duties customs expert is liable in accordance with the laws of - members of the customs union.
A r t i c l e 141.
The rights of the declarant, a person with the authority in respect of goods and their representatives in the appointment and customs examination
1. The designation and customs examination, a declarant, a person having authority in relation to the goods and their representatives are entitled to:
1) petitions additional questions to the experts for opinions on them;
2) to get acquainted with the expert's opinion and to receive a copy of such report;
3) be present during sampling or sample the customs authorities for customs examination;
4) request for an additional or re customs examination.
2. If the application of the declarant, a person with the authority in relation to goods or their representative customs official, has designated examination, make an appropriate decision.
When refusing an application by the customs official shall be in writing, is motivated to inform the person who filed the petition.
A r t i c l e 142.
Conclusion customs expert (s)
1. In conclusion, customs expert (s) must be specified:
1) the place, date and time of commencement and completion of the customs examination;
2) the basis for the customs examination;
3) The name and patronymic customs expert (s) conducting the customs examination, qualification and work experience;
4) mark, certified by the signature of the customs expert (s), that he was warned of an administrative or criminal penalties for knowingly giving false imprisonment during customs examination;
5) questions posed to the customs expert (s);
6) a list of documents, materials, samples and specimens submitted to customs expert (s) for customs examination;
7) the content and results of studies showing the techniques employed, evaluation of research findings on the issues raised and their rationale.
2. Materials and documents that illustrate the conclusion of the customs expert (s) or more experts, attached to the report and are an integral part.
If the customs examination was carried out with the participation of several experts, the conclusion is signed by all the experts and the seal of the organization that conducted the customs examination, if in accordance with the laws of - members of a customs union, such organization shall have a seal.
3. Conclusion customs expert (s) shall be in writing in two (2) copies, one copy for the organization that conducted the customs examination, the second copy is sent to the customs authority, appointed the customs examination.
A r t i c l e 143.
Types of customs examination
1. In order to customs control, the following kinds of customs examination: identification, merchandising, materials, technology, and other forensic examination in the production of which the need arises.
2. Depending on number of the involved(attracted) experts the sole, commission or complex customs examination is nominated.
Sole examination - examination conducted by the customs expert (s) alone.
Commission examination - Examination by the Commission of Customs experts (experts), a specialty. In disagreements between customs expert (s) each of them or part of the experts shall be entitled to a separate conclusion.
Due Diligence - Examination by the Commission of Customs experts (experts) when to establish the circumstances relevant to the case, research is needed on the basis of knowledge from various specialties within the competence of customs experts (experts). Each customs expert (s) shall sign that part of the conclusion, on which customs examination.
3. Customs examination is divided into primary, additional and repeated.
Primary Examination - Examination by the customs authority on the treatment for the study of objects, samples and specimens.
Additional expertise - expertise, appointed by the newly discovered evidence. Production of additional expert assigned to the same or different customs expert (s).
Re-examination - the examination carried out in cases of disagreement of the declarant, as well as the customs authority, appointed the customs examination, with the conclusion of the customs expert (s) on the results of initial evaluation.
Repeated examination is entrusted to a commission composed of two (2) or more of Customs experts (experts), except for customs expert (s), wire (), the primary examination. Customs expert (s) who conducted the initial examination, may attend the re-examination and to give the commission notes, however, in the study and drafting of conclusions customs expert, they are not involved.
Procedure for re-examination of the customs in the customs territory of the customs union is determined by the Commission of the customs union.
In conducting further re-examination and customs expert (s) on a mandatory basis are presented the results of initial evaluation.
A r t i c l e 144.
Samples of the goods
1. Customs officials shall be entitled to take samples and specimens of goods for customs examination.
If necessary uses of special knowledge and applications of means the selection of tests also is exemplary of the goods can to be carried out(spent) with participation of the customs expert (experts).
2. Samples of the goods shall be taken in minimum quantities, providing an opportunity to study. On sampling and sample the goods shall be drawn in two (2) copies of the form prescribed by the Commission of the customs union.
A second copy of the Act to be served (direction) to the declarant, a person having powers in relation to goods or their representatives, if they are installed.
3. Declarant, other person having authority in relation to goods or their representatives take part in the selection of samples and specimens of goods by customs officials.
Samples of the goods may be collected by customs authorities in the absence of the declarant, a person with the authority in respect of goods or their representatives in the cases provided for in paragraph 4 of Article 116 of this Code.
In such cases, sampling and sample the goods is carried out in the presence of 2 (two) witnesses.
4. The customs authority will not reimburse costs incurred by the declarant, a person with the authority in relation to goods or their representatives as a result of sampling and sample the goods.
5. Upon completion of the customs examination of samples of the goods returned to the declarant, a person having powers in relation to goods or their representatives or the customs authority, appointed a customs examination, except when such samples and specimens to be destroyed or disposed of in accordance with the laws of - Members of the customs union.