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 7. FEATURES THROUGH THE CUSTOMS BORDER AND CARRYING OUT CUSTOMS OPERATIONS IN RESPECT OF CERTAIN CATEGORIES OF GOODS Chapter 48. << >> Chapter 50. C H A P T E R 49. "Features of the movement of goods for personal use"
A r t i c l e 351.
Terms used in this chapter
In this chapter, the following terms and their definitions:
1) unaccompanied baggage - goods for personal use, owned by an individual, transferred or transmitted to the carrier under contract for the international transport (freight forwarding) for the actual movement across the customs border in connection with the entry of that person or to the territory of the customs union or a departure from the customs territory of the customs Union;
2) accompanied baggage - goods for personal use, including hand baggage, immediately conveyed an individual crossing the customs border;
3) goods for personal use delivered by the carrier - for personal use, transferred or transmitted to the carrier under contract for the international transport (invoice, bill of lading and other documents) for the actual movement across the customs border against an individual or from an individual, not crossing the customs border;
4) a vehicle for personal use - auto, motor vehicles, trailer, vessel or aircraft along with spare parts for it and its usual supplies and equipment, contained in his usual tanks with fuel, lubricants and fuel, owned or possessed physical person transporting the vehicles across the customs border is solely for personal purposes and not for the transportation of persons for compensation, industrial or commercial transport of goods for a fee or for free.
A r t i c l e 352.
General provisions on the movement of goods for personal use
1. Goods for personal use across the customs border in accordance with the provisions of this chapter, and in part not regulated by this chapter - in accordance with the procedure established by the customs legislation of the customs union.
2. The goods for personal use is conveyed across the customs border, shall not apply non-tariff and technical regulation.
3. Criteria of goods across the customs border, goods for personal use, cost, quantity and weight standards movement of goods for personal use, with exemption from customs duties, exemptions from payment of customs duties of certain categories of goods for personal use, as well as the application customs duties and taxes are set by international agreement of - members of the customs union.
A r t i c l e 353.
Ways to move goods for personal use
Goods for personal use may be transferred through the customs border in accompanied or unaccompanied baggage, as the goods delivered by the carrier, as well as international mail in accordance with Chapter 44 of this Code.
A r t i c l e 354.
Customs transactions occurring in respect of goods for personal use
1. Customs operations in respect of goods for personal use, transported across the customs border, committed in the manner determined by this Code and (or) international treaties of the States - Members of the customs union.
2. Customs operations in respect of goods for personal use are made depending on the ways to navigate in places of arrival in the customs territory of the customs union or a departure from that territory or in the customs authority of the State - a member of the Customs Union, on whose territory permanently (or temporarily) resident individual having the right to act as a declarant of such goods.
3. The transfer of goods for personal use by individuals customs authorities provide these individuals the opportunity to perform customs operations without having to leave such vehicles, except when necessary to comply with customs laws and customs union.
4. Goods for personal use when moving across the customs border shall be subject to customs declaration in accordance with Article 355 of this Code and the release for personal use without placing them under the customs procedure under this Code. The procedure of customs operations related to the production of goods for personal use, is determined by the customs legislation of the customs union.
At the request of the person transporting the goods for personal use, in respect of such goods may be committed by customs operations related to their location in temporary storage, placement under the customs procedure in accordance with this Code, as well as the export from the customs territory of the customs union if they do not leaving the place of arrival.
In the case of omission of customs operations in first and second paragraphs of this paragraph, goods shall be detained in accordance with Chapter 21 of this Code.
5. Customs controls on goods for personal use, transported across the customs border in accordance with the Code and (or) international treaties of - members of the customs union.
A r t i c l e 355.
Customs declaration of goods for personal use
1. Customs declaration of goods for personal use by individuals on their way through the customs border simultaneously with the presentation of goods to customs authorities.
2. Customs declaration in writing to be:
1) goods for personal use conveyed in unaccompanied baggage or delivered by carrier to the individual;
2) goods for personal use, transportable in any way in relation to which prohibitions and restrictions, except for non-tariff and technical regulation;
3) goods for personal use, transportable in any way, including the temporarily imported, the cost and (or) which exceed the standards movement of such goods with exemption from customs duties, established by international treaty states - members of a customs union;
4) vehicles for personal use, transportable in any way, except for vehicles for personal use is registered in the states - members of a customs union, temporarily exported from the customs territory of the customs union and imported back to such a territory;
5) the currency of State - Members of a customs union, securities, and (or) currency values in the cases established by law and (or) international treaties of the States - Members of the customs union;
6) cultural values;
7) goods for personal use, imported in accompanied baggage, if you move to a natural person has unaccompanied baggage;
8) other goods identified by customs laws and customs union.
3. Customs declaration of goods for personal use, is made in writing with the passenger customs declaration.
The form of the passenger customs declaration procedure for its completion, filing and registration shall be determined by the Commission of the customs union.
4. A natural person may, in its desire to make customs declaration of goods for personal use, not subject to customs declaration in writing, using the passenger customs declaration.
5. Customs declaration of goods for personal use of the natural person who has not attained the age of sixteen, by the person, his guardian (one parent, adoptive parent, guardian or trustee of that person, other accompanying person or a representative of the carrier in the absence of accompanying persons, and in an organized exit (entry ) groups of minors without their parents, adoptive parents or guardians or other persons - a team leader or a representative of the carrier).
6. When you move across the customs border of coffins with the bodies (remains) and urns with ashes (ashes) of the dead customs declaration by submitting a request in any form a person accompanying a coffin with the body (remains) or urns with ashes (ashes) of the deceased, with the submission of documents specified in the second and third parts of this paragraph.
When exporting from the customs territory of the customs union urns with ashes (ashes) and the coffins with the bodies (remains) of the deceased, the following documents:
death certificate issued by the registry office in the manner prescribed for civil registration in the states - members of a customs union or a medical death certificate, or notarized copies of these documents;
Finally, in any form of local public health surveillance of the possibility of exhumation in the case of reburial;
act (certificate) in an arbitrary form of a specialized organization that carried out the funeral services on sealing zinc coffins, indicating that they lack foreign investment, and application inventory of belongings and valuables of the deceased in case they are sent along with the body (remains) of the deceased.
When importing into the customs territory of the customs union urns with ashes (ashes) and the coffins with the bodies (remains) of the deceased, the following documents:
death certificate issued by an authorized agency of the country of origin, or a medical certificate of death, or copies of these documents;
act (certificate) in an arbitrary form of organization that carried out the funeral services on sealing zinc coffins, indicating that they no unwanted attachments, and application inventory of belongings and valuables of the deceased in case they are sent along with the body (remains) of the deceased.
A r t i c l e 356.
Submission of documents for customs declaration of goods for personal use
1. Submission of passenger customs declaration must be accompanied by the customs authority of documents confirming the declared information in it. These documents include:
1) identity documents (including minors);
2) proof of adoption, guardianship or custody of a minor;
3) documents confirming the declared value of goods for personal use;
4) transportation (shipment) documents;
5) documents confirming the right to benefits on payment of customs duties, including supporting the temporary import (export) of individual items for personal use, as well as confirming the recognition of an individual refugee, displaced person, or relocating to a permanent place of residence in the order established by legislation States - members of a customs union;
6) documents confirming compliance with the prohibitions and restrictions, except for non-tariff and technical regulation;
7) documents containing information that can help identify the vehicle for personal use;
8) documents confirming the right of possession, use and (or) disposal of a vehicle for personal use;
9) other documents and information, presentation of which is provided in accordance with the customs legislation of the customs union.
2. When the customs declaration of goods for personal use, transported in unaccompanied baggage, in addition to the documents referred to in paragraph 1 of this article appears instance executed by the customs body passenger customs declaration, issued by an individual with his crossing the customs border.
In case of failure of such passenger customs declaration because of its loss or for other reasons, imported in unaccompanied baggage for personal use are considered as imported in excess of cost, quantity and weight standards of import goods exempted from customs duties, if the individual does not prove the contrary.
A r t i c l e 357.
Application of the double corridor with the customs declaration of goods for personal use
1. In places of arrival in the customs territory of the customs union or a departure from that territory for the purposes of customs declaration of goods for personal use, can be applied, the double corridor.
2. Application of the double corridor provides an independent choice of a natural person crossing the customs border, customs declaration in writing items for personal use and the corresponding passage ("green" or "red") to carry out customs operations.
3. Requirements applicable to the arrangement of the double corridor in places of arrival of goods into the customs territory of the customs union and the departure from this territory are determined by the Commission of the customs union.
A r t i c l e 358.
Temporary import of goods for personal use
1. Foreign individuals may temporarily import into the customs territory of the customs union goods for personal use, a list of which is defined by international agreement of - members of a customs union, with the exception of vehicles, with exemption from customs duties for the period of his stay in the area.
In case the temporarily imported goods for personal use are subject to customs declaration in writing, the period of temporary importation of such goods shall be determined by the customs authorities on the basis of statements of a foreign natural person, taking into account the duration of his stay in the customs territory of the customs union.
2. Foreign individuals may temporarily import into the customs territory of the customs union vehicles for personal use that are registered in foreign countries for the period of his temporary stay, but no more than one year, with exemption from customs duties.
Motivated request by a foreign natural person period of temporary importation of vehicles for personal use may be extended by the customs authorities within one year from the date of the temporary importation of such vehicles.
3. Transfer of use rights and (or) disposal of temporarily imported goods for personal use, including vehicles, to another person in the customs territory of the customs union may be subject to customs declaration and payment of customs duties in the manner prescribed by the customs legislation of the customs union.
4. Temporarily imported goods for personal use may be re-exported from the customs territory of the customs union through any customs authority.
5. In case the temporarily imported goods for personal use are in the customs territory of the customs union in connection with Failure after the deadline in respect of such goods pay customs duties and taxes in the manner prescribed by the customs legislation of the customs union.
6. In the case of irretrievable loss of the temporarily imported goods for personal use due to an accident or force majeure, re-export of such goods from the customs territory of the customs union can not be made subject to acceptance by the customs authorities that an accident or force majeure.
A r t i c l e 359.
Temporary exportation of goods by individuals for personal use
1. Individuals countries - members of the customs union has the right to temporarily export from the customs territory of the customs union goods for personal use for the term of his temporary residence in a foreign country and bring them back with exemption from customs duties and taxes.
2. According to the physical person, the customs authority conducting the identification of temporarily exported goods for personal use, unless such identification will facilitate their re-importation to the exemption from payment of import customs duties and taxes. On the identification of goods specified in the passenger customs declaration, a copy of which is issued to an individual, exporting goods.
The absence of such identification does not preclude the re-importation of goods by individuals for personal use, with exemption from payment of import customs duties and taxes, subject to confirmation by the customs authority that these goods are brought back after a temporary export from the customs territory of the customs union in the manner determined by the customs legislation of the customs union .
3. Since temporarily exported means of transport for personal use is permitted execution of operations for maintenance or repair, require in their presence outside the customs territory of the customs union.
4. When making repairs temporarily exported means of transport for personal use, associated with the replacement of vehicle parts to be included (registration) in the appropriate authorized state bodies, replaced part is subject to customs declaration, except in cases of repair or maintenance under the contract entered into pursuant civil law countries - members of a customs union, or carry out repairs needed to restore the vehicle for personal use after the accident or force majeure.
A r t i c l e 360.
Payment of customs duties and taxes on goods for personal use
1. Customs duties and taxes paid by individuals in the customs declaration of goods for personal use in writing on the basis of the customs receipt voucher, the form and procedure for filling are determined by the Commission of the customs union.
One copy of the customs receipt voucher handed to the person, payment of customs duties and taxes.
Filling in the customs receipt voucher and impose customs duties and taxes on goods for personal use, transported across the customs border, produces a customs official.
2. Customs duties and taxes on goods for personal use, transported across the customs border, shall be paid by individuals at a single rate of customs duties, taxes or in the aggregate of customs payment equal to the amount of customs duties and taxes, calculated at the rate of customs duties and taxes applicable in accordance with Article 77 of this Code.
3. Flat rates of customs duties and taxes are established by international treaty states - members of the customs union.
4. The order of application of uniform customs duties, taxes, the total customs payments, the emergence and termination of the obligation to pay customs duties and taxes on goods for personal use, and the dates of payment determined by international agreement states - members of the customs union.
A r t i c l e 361.
The customs value of goods for personal use
1. The customs value of goods for personal use is determined based on the declared value of these individual items, confirmed the original documents containing information about the cost of goods for personal use.
When importing goods for personal use by individuals to the customs territory of the customs union in the customs value of goods does not include costs for shipping and insurance of the goods before their arrival after their arrival in the customs territory of the customs union.
2. In the absence of a natural person transporting the goods for personal use, necessary documents and (or) information on the value of those goods, or if there is reasonable cause to believe that the documents submitted by the person and (or) data are not reliable, the customs official shall determine the customs cost of goods on the basis of information available to the customs authority pricing information on similar products, including on the basis of data listed in the directories of foreign firms engaged in retail sale of similar goods.
Individual shall be entitled to prove the authenticity of the information presented for customs valuation.
In this paper, under the same goods means goods which have characteristics close to those of imported goods, that is comparable to the imported goods for its intended purpose, use, quality, technical and other characteristics.
A r t i c l e 362.
Spare parts and fuel to be transferred by physical persons of vehicles for personal use
1. The spare parts needed to repair vehicles for personal use, temporarily imported by individuals into the customs territory of the customs union, may be temporarily imported with exemption from customs duties and taxes for a period not exceeding the period of temporary importation of such vehicles.
2. Fuel in the tanks, designed into vehicles for personal use, transported across the customs border by natural persons, may be imported into the customs territory of the customs union or, respectively, exported from this territory without payment of customs duties and taxes.