alogo.png 1stline.png Международное партнёрство
юридических компаний
1stline.png Eng Рус
  • About us
  • Practice managers
  • Network participants and partners
  • New
  • Publications
    • Presentations
  • Contacts

 Таможенный адвокат

__6.png

Important information for passengers of international flights, following from (to) Russia, Belarus, Kazakhstan:
The procedure for transiting goods by individuals for personal use through the customs border of the Customs Union

 (The material has been prepared using information
as of 01 October 2013
Customs & Corporate Lawyers)

1. Basic terms in accordance with the Customs code of the Customs Union

The single customs territory of the Customs Union is the territory of the Republic of Belarus, Republic of Kazakhstan and the Russian Federation. Limits of customs territory of the Customs Union are the customs border of the Customs Union. Transfer of commodities through the customs border of the Customs Union is regulated by the customs legislation of the Customs Union. Customs legislation of the Customs Union defines the following concepts.

The goods - any movable assets transferred through the customs border, including data carrier, the currency of the member States of the Customs Union, securities and (or) currency values, travel checks etc.

Goods for personal use - goods intended for personal, family, household and other, not related to business activities, needs of individuals being transferred through the customs border in accompanied or unaccompanied baggage or otherwise.

Indivisible goods for personal use - goods for personal use, weighing more than 35 kg, consisting of one unit or one set of goods, including goods transported in disassembled, unassembled, incomplete or unfinished, provided that the goods have the basic property of assembled, completed or finished goods.

Accompanied baggage - goods for personal use, including hand luggage, directly transported by an individual crossing the customs border.

Unaccompanied baggage - goods for personal use, belonging to an individual transferred or transmitted to the carrier under the contract for the international carriage (forwarding) for actual movement across the customs border in connection with the arrival of this individual to the territory of the Customs Union or his departure from the customs territory of the Customs Union.

2. Objects for declaration in accordance with the passenger customs declaration:

When crossing the customs border of the Customs Union by air transport to the customs declaration shall be subject to (fill in the passenger declaration):

1) Imported goods, customs value of which exceeds 10,000 euro equivalent and (or) weigh over 50 kg;

2) Imported and exported cash (banknotes, treasury notes and coins, except coins made of precious metals) and / or traveler cheques for a total amount exceeding the equivalent of 10 000 USD;

3) Imported and exported monetary instruments (promissory notes, cheques, securities);

4) Cultural values;

5) Exported state awards of the Russian Federation;

8) Animals and plants threatened with extinction, their parts and products thereof;

6) Weapons and ammunition;

7) Imported alcoholic drinks in the quantity exceeding 3 liters;

8) Narcotic drugs and psychotropic substances in the form of prescribed medication in the presence of corresponding documents;

9) Radio-electronic means and (or) high-frequency devices of civil destination, including integrated or included in other goods;

10) Technical means with encryption functions;

11) Goods for personal use, inherited subject to documentary proof of such goods in the inheritance;

12) Goods for personal use imported in accompanied baggage if transferring the individual has unaccompanied baggage;

13) Other goods determined by the customs legislation of the Customs Union.

ATTENTION! A natural person may declare in writing goods not subject to customs declaration in writing.

The declarant of goods crossing the customs border can act as citizens of member States of the Customs Union and foreign citizens.

Customs Declaration of goods for personal use by an individual person who has not attained the age of 16, made by the accompanying person (one of the parents, adoptive parent or guardian of that person for an organized exit (entrance) of a group of minors, the leader of the group).

Failure to submit the customs declaration in respect of the above goods is considered as a statement that the individual has no goods subject to customs declaration. Discovery when selective customs control of goods subject to customs declaration entails the passenger's responsibility under the legislation of a member state of the Customs Union.

The statement in the passenger customs declaration of incorrect information shall entail responsibility in accordance with the legislation of the member state of the Customs Union.

3. The list of documents for submission of the passenger customs declaration

Submission of the passenger customs declaration must be accompanied by a customs authority of documents confirming the information contained therein.

Such documents include:

1) Identity documents (including minors);

2) Documents confirming the adoption, guardianship or trusteeship of a minor;

3) Documents confirming the value of the declared goods for personal use;

4) Transport (shipping) documents;

5) documents confirming the right to benefits on payment of customs payments, including documents confirming the temporary import (export) of a natural person of goods for personal use, and also confirming the recognition of a physical person as a refugee, forced migrant or a person travelling for permanent residence;

6) Documents confirming observance of restrictions, except for non-tariff and technical regulation;

7) The documents containing the information allowing identifying a 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.

ATTENTION! In the absence of goods subject to customs declaration, the above documents are submitted at the request of the official of customs body.

4. The list of goods which are subject to exemption from customs payments

On the customs territory of the Customs Union, with exemption from customs payments may import goods for personal use such as:

1) Customs value does not exceed 10,000 Euros equivalent and (or) total weight does not exceed 50 kg;

2) Alcoholic drinks and beer not more than 3 liters per one person who attained the age of 18;

3) Tobacco and tobacco products: 200 cigarettes or 50 cigars (cigarillos or 250 gr. tobacco, or the specified products in assortment, weighing not more than 250 gr., per one person who attained the age of 18);

4) Used goods imported by refugees, forced migrants, migrants;

5) Inherited goods with documentary proof of such goods in the inheritance;

6) Goods imported by diplomatic employees, administrative-technical personnel of diplomatic representation or of the consular post and members of their families;

7) Imported goods by physical persons sent to work in a foreign state by state bodies and they stay outside the customs territory of the Customs Union amounted to no less than 11 months (subject to documentary evidence);

8) Imported by physical persons, temporarily residing abroad for at least 1 year (subject to documentary evidence), the customs value of which does not exceed the sum equivalent to 5,000 Euros;

9) Goods imported back into the customs territory of the Customs Union intact, provided proof of their export from the territory of the Customs Union;

10) Cultural property, provided it is recorded as such in accordance with the laws of the member States of the Customs Union;

11) Urns with ashes, the coffins with the bodies (remains) of the dead;

12) Used goods temporarily imported by foreign natural persons on the customs territory of the Customs Union:

- Jewelry (in the quantity necessary for use during the period of temporary stay);

- Personal hygiene items (in the quantity necessary for use during the period of temporary stay);

- Photo cameras, video cameras, movie cameras (not more than 1 unit) and accessories thereof (in the quantity necessary for use during the period of temporary stay);

- Portable projectors, projectors for viewing the slide show (not more than 1 unit) and accessories thereof (in the quantity necessary for use during the period of temporary stay);

-  Portable video recorders (not more than 1 unit);

- Portable sound-recording and reproducing equipment (including dictaphones), DVD players (not more than 1 unit) and accessories thereof (in the quantity necessary for use during the period of temporary stay);

- Portable record players (not more than 1 unit) and records (in the quantity necessary for use during the period of temporary stay);

- Media sound recording, without recording and writing (in the quantity necessary for use during the period of temporary stay);

- Portable radios, flash players (not more than 1 unit) and accessories thereof (in the quantity necessary for use during the period of temporary stay);

- TVs with a diagonal measurement of the screen of not more than 42 cm (not more than 1 unit);

- Portable typewriters (not more than 1 unit);

- Binoculars (not more than 1 unit);

- Mobile phones (not more than 2 units);

- Portable personal computers (laptops) (not more than 1 unit) and accessories thereof (in the quantity necessary for use during the period of temporary stay);

- Portable musical instruments (in the quantity necessary for use during the period of temporary stay);

- Baby carriages (in the quantity necessary for use during the period of temporary stay);

- Baby sitting, fixed on the backseats of cars (in the quantity necessary for use during the period of temporary stay);

- Wheelchairs (in the quantity necessary for use during the period of temporary stay);

- Equipment and accessories for sport, tourism and hunting, balloons (in the quantity necessary for use during the period of temporary stay);

- Portable dialyzers and similar medical devices, and also expendable materials to them (in the quantity necessary for use during the period of temporary stay);

- Pets, including those used for hunting, sport (in the quantity necessary for use during the period of temporary stay).

5. The rates of customs payments

When importing goods for personal use by individuals to the customs territory of the Customs Union shall apply the following rates of customs payments:

1) A uniform rate of 30% of customs value but not less than 4 Euro for 1 kg of weight in excess of cost norms 10000 Euros equivalent and (or) weight 50 kg in the case of import of goods for personal use, the customs value of which exceeds the equivalent of 10,000 Euros and (or) the weight of which exceeds 50 kg;

2) Cumulative customs payment - in case of import of indivisible goods for personal use;

3) Flat rate of EUR 22 per 1 liter - in case of import of ethyl alcohol in the amount of up to 5 liters;

4) A uniform rate of 10 Euro per 1 liter in excess of the standard 3-liter - in case of import of alcoholic drinks and beer in the amount from 3 to 5 liters of the inclusive.

Goods for personal use exported by physical persons from the customs territory of the Customs Union, customs duties, taxes at the same rates and cumulative customs payment is not taxable.

ATTENTION! For personal use by physical persons may not export from territory of the Customs Union:

1) Fish and seafood (except sturgeon caviar) exceeding 5 kg;

2) Sturgeon caviar weighing more than 250 grams;

ATTENTION! In the case of classifying the goods moved by physical person through the customs border, not for personal use, customs operations in respect of such goods (including customs declaration) is committed in the manner provided for the participants of foreign economic activity. The classification of the goods moved by physical person through the customs border, the goods for personal use by the customs authorities on the basis of:

- The statements of physical persons about transported goods (in oral or written form using the passenger customs Declaration);

- Nature and quantity of the goods;

- Frequency of crossing the physical persons and (or) the movement of goods across the customs border.

6. List of goods being not for personal use

To goods, not being for personal use:

1) Natural diamonds;

2) Exported goods subject to export customs duties;

3) Central heating boilers;

4) Mowing (except lawn-mowers), hay machines etc.;

5) Sun booths;

6) Medical equipment (except for necessary in transit or for medical reasons), etc.

ATTENTION! For violation of customs regulations physical persons shall bear responsibility in accordance with the legislation of the member state of the Customs Union.

In case of disagreement with the actions of the official of customs body of the person has right to appeal them in accordance with the legislation of the member state of the Customs Union.

7. List of commodities the movement of which is allowed with the permission of state authorities

Goods for personal use, moving by physical persons through border of the Russian Federation, accepted with permission of state authorities:

- The weapon, its basic parts, ammunition resolution of the bodies of internal affairs (General directorate on protection of public order and coordination with the executive authorities of the subjects of the Russian Federation Ministry of Internal Affairs of Russia, Moscow, Zhitnyaya street, 15);

- Cultural values - a resolution for the export of cultural values issued by the state authority responsible for control over the trafficking of cultural property (the Ministry of culture of Russia, Moscow, M. Gnezdonovskii st, 7/6, b. 1,2);

-  Animals and plants threatened with extinction, their parts and products thereof - CITES resolution issued by the Rosprirodnadzor (Moscow, street B. Gruzinskaya, 4/6);

- Radio-electronic means and (or) high-frequency devices of civil purpose - resolution Roscomnadzor (Moscow, Kitaygorodskiy str, 7, b. 2);

- Equipment with encryption feature - notification, registered by the FSS of Russia on licensing, certification and state secret protection (Moscow, street B. Lubyanka 1/3). The list of registered notifications (notify) filled with the product manufacturer or the person authorized by the manufacturer of products can be found on the website www.eurasiancommission.org.        

8. Рractical assistance

In case of any problems with the customs authorities when you are crossing the customs border of the Customs Union, bar association Customs & Corporate Lawyers will help you solve them.

An issue, which in your daily activity is engaged in the bar association Customs & Corporate Lawyers, is the support of foreign trade activities of our clients. Based on international, currency exchange, tax and customs legislation, professionalism, «the lawyer on customs» will help you to solve their legal problems with customs, whether they are: violation of customs rules (violations of customs law), the classification of goods by the code of the commodity nomenclature of foreign economic activity, use and protection of trademarks, control and correction of the customs value, customs clearance of goods, services and technologies of double purpose (subject to the legislation on the export control), the customs clearance of exhibition goods.

The Bar provides a full range of services in the field of foreign economic activity: legal support of foreign economic transactions, including examination of all basic documents required for the assessment of risks and tax, legal support for business related to the prevention and pre-trial the settlement of conflicts, judicial settlement of disputes concerning the application of the international and customs legislation, legal support of investment projects; protection of the rights to objects of intellectual property, representation in consideration of the external economic disputes, including those outside the Russian Federation.

For any questions you can contact us by phone +7 (495) 410-21-77, +7 (495) 608-33-17 or by e-mail [email protected].

Поделиться ссылкой:

© Corporate Lawyers Group 2012 г.