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 20. << >> Chapter 22. C H A P T E R 21. "Detention of the goods and documents on them at realization of the customs control"
A r t i c l e 145.
Goods and documents to be detained during the customs control
1. When carrying out customs control in the cases stipulated by Articles 152, 170, 185, 192, 208, 231, 234, 305 and 354 of this Code, customs officials detained the goods and documents on them, which are not subject to administrative violations or crimes.
2. In case of detention of the goods and documents on them the customs body makes the protocol on the form established by the decision of a Commission of customs union.
3. Detained goods and the documents they seized and stored by the customs authorities within the terms established by this Code.
Detained goods are placed at temporary storage warehouses or other locations designated by the customs authority.
4. During the detention of goods by customs authorities in accordance with paragraph 3 of this article the costs of storage of the detained goods shall be reimbursed by the persons specified in section 147 of this Code, who actually returned goods. Storage costs of goods seized, not demanded by such persons as foreseen in paragraphs 1 and 2 of Article 146 of this Code shall be reimbursed from amounts received from the sale of such goods, subject to the provisions of paragraph 1 of Article 149 of this Code.
Procedure for reimbursement for the storage of goods seized by the legislation of the State - a member of the Customs Union, customs authorities who detained the goods.
A r t i c l e 146.
The shelf life of the detained goods and documents to them
1. Detained goods and documents on them, except for items specified in paragraph 2 of this Article, shall be kept by the customs authorities within one (1) month and perishable goods - within 24 (twenty four) hours.
2. Goods prohibited to import into the customs territory of the customs union or exported outside of such territory, and the documents they are kept by the customs authorities within 3 (three) days.
3. The shelf life of the detained goods shall be calculated from the date of their arrest.
A r t i c l e 147.
Return of goods seized and documents to them
1. Return of goods seized and documents to them is made by the declarant, and if the declaration of goods has taken place - the owners of goods, and in cases where the owner is a foreign person or information about the owner of the goods from the customs authority absent - to persons in whose possession the goods were at the time of detention (hereinafter in this chapter - the declarant or other person), taking into account the specifications prescribed in this article.
2. Goods prohibited to transfer through the customs border, and the documents they were detained upon importation into the customs territory of the customs union will be returned to any of the persons referred to in paragraph 1 of this article has addressed the first customs office for the return of such goods for re-exportation outside of this territory.
3. Goods that are forbidden, and (or) limited to movement across the customs border, and the documents they were arrested when exporting from the customs territory of the customs union, returned to the declarant or other persons for use in the customs territory of the customs union, if the possession of the goods permitted under the laws of the State - a member of the Customs Union, customs authorities who detained the goods.
4. Goods restricted for transfer through the customs border, and the documents they were detained upon importation into the customs territory of the customs union, returned to the declarant or other persons for re-export outside the territory or for use in the customs territory of the customs union, provided that the customs authority of documentary evidence observing speed limits and placing goods under the customs procedure in accordance with this Code.
5. In other cases not referred to in paragraphs 2 - 4 of this article were detained goods are returned after they were placed under one of the customs procedures, individuals placed under the customs procedure, or their representatives.
6. If necessary, placement of goods under the customs procedure at the request of a person who is authorized to perform customs operations involving the placement of goods under customs procedures, documents, arrested with the goods are returned by the customs authority of such person prior to the release of goods.
A r t i c l e 148.
Actions with the detained goods, the shelf life had expired
1. Goods detained by Customs and not claimed by the persons specified in section 147 of this Code, as foreseen in paragraphs 1 and 2 of Article 146 of this Code shall be sold, and in cases stipulated by paragraph 3 of this article - the destruction or reuse in accordance
2. Implementation of the destruction or other use of the goods referred to in paragraph 1 of this Article shall be exercised in accordance with the legislation of the State - a member of the Customs Union, customs authorities who detained the goods with the specifications defined by this Code.
3. Goods, the costs of storage and sale of which exceed their cost, as well as in other cases stipulated by law of the State - a member of the Customs Union, customs authorities who detained the goods shall be destroyed, unless otherwise stipulated by laws of this state - member of a customs union.
Destruction, as well as reimbursement for costs associated with storage and transportation of such goods, made by the declarant or other person in the absence of these persons - at the expense of the state budget - a member of the Customs Union, customs authorities who detained the goods, unless otherwise provided in Certain categories of goods.
A r t i c l e 149.
Disposal of the proceeds from the sale of goods seized, the shelf life had expired
1. Of the amounts received from the sale of goods referred to in paragraph 1 of Article 148 of this Code, are being held in the first place the amount of customs duties and taxes that would be payable at the premises of goods seized under the customs procedure of release for domestic consumption, calculated on the date of detention of these goods in the second turn - the cost of transportation, storage products and other costs associated with the implementation of these goods.
2. Amounts received from the sale of goods, calculated taking into account the deductions specified in paragraph 1 of this Article shall be returned to the declarant, and if the declaration of goods has taken place - the owners of the goods, if you have information about them at the customs authority and under the condition that these individuals will turn to the customs authorities within 3 (three) months from the day following the date of receipt of funds from their sale, in accordance with the legislation of the State - a member of the Customs Union, customs authorities who detained the goods.
The customs authorities shall notify the persons referred to in the first part of this paragraph, the existence of refundable amounts received from the sale of goods.