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Order of the Federal Customs Service of February 21, 2011 N 357 Moscow "On approval of the Procedure for the implementation by the customs authorities of actions related to the issuance of permission to place goods under the customs procedure of refusal in favor of the state"

Published March 30, 2011
Registered with the Ministry of Justice of the Russian Federation on March 18, 2011.
Registration N 20191

In accordance with Part 4 of Article 224 and Article 300 of Federal Law No. 311-FZ of November 27, 2010 "On Customs Regulation in the Russian Federation" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, No. 48, Art. 6252) I order:
1. Approve the procedure for the implementation by the customs authorities of actions related to the issuance of permission to place goods under the customs procedure of refusal in favor of the state (Appendix No. 1) and the form of permission to place goods under the customs procedure of refusal in favor of the state (Appendix No. 2).

2. Recognize as invalid:
1) order of the State Customs Committee of Russia dated November 27, 2003 N 1342 "On approval of the Instruction on the performance of certain customs operations when using the customs regime of refusal in favor of the state" (registered by the Ministry of Justice of Russia on December 26, 2003, reg. N 5367);
2) Order of the Federal Customs Service of Russia dated September 8, 2006 N 865 "On the introduction of amendments to the Instruction on the performance of certain customs operations when using the customs regime of refusal in favor of the state, approved by order of the State Customs Committee of Russia dated November 27, 2003 N 1342 "On approval of the Instruction on the performance of certain customs operations when using the customs regime of refusal in favor of the state" (registered by the Ministry of Justice of Russia on 03.10.2006, reg. N 8346);
3) Order of the Federal Customs Service of Russia of July 3, 2007 N 801 "On Amendments to the Instruction on the Performance of Certain Customs Operations When Using the Customs Refusal Regime in Favor of the State, approved by Order of the State Customs Committee of Russia of November 27, 2003 N 1342 "On Approval of the Instruction on performance of certain customs operations when using the customs regime of refusal in favor of the state" (registered by the Ministry of Justice of Russia on July 25, 2007, reg. N9891).

3. The Public Relations Department (A.V. Smelyakov) shall ensure the publication of this order in the official publications of the Federal Customs Service of Russia.

4. To impose control over the execution of this order on the Deputy Head of the FCS of Russia S.O. Shokhin.

Supervisor
Acting State Advisor to the Customs Service of the Russian Federation
A. Belyaninov

Appendix No. 1

The procedure for the implementation by the customs authorities of actions related to the issuance of a permit for the placement of goods under the customs procedure of refusal in favor of the state
1. The decision to allow the placement of goods under the customs procedure of refusal in favor of the state is made by the head of customs or a person replacing him, on the basis of a written application of a person who, in accordance with Article 186 of the Customs Code of the Customs Union (Federal Law of June 2, 2010 N 114 -FZ "On Ratification of the Treaty on the Customs Code of the Customs Union" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2010, N 23, Art. 2796) (hereinafter referred to as the Customs Code of the Customs Union) may be a declarant of goods.

2. An application drawn up in an arbitrary written form and signed by the declarant or a customs representative acting on behalf and on behalf of the declarant must contain the information specified in Part 2 of Article 300 of Federal Law No. 311-FZ of November 27, 2010 "On customs regulation in the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2010, N 48, art. 6252) (hereinafter referred to as the Federal Law).

3. In accordance with Part 3 of Article 300 of the Federal Law, the application must be accompanied by documents confirming the declared information. Also, the attached documents must confirm compliance with the conditions for placing goods under the customs procedure of refusal in favor of the state, established by paragraph 1 of Article 311 of the Customs Code of the Customs Union, Decision of the Commission of the Customs Union dated September 20, 2010 N 375 "On Certain Issues of Application of Customs Procedures", Article 301 Federal law:
- the absence of any expenses for the state bodies of the Russian Federation that cannot be reimbursed from the proceeds from the sale of goods;
- shelf life (consumption, sale) of goods;
- compliance of goods with state standards (technical regulations) of the member states of the Customs Union.

4. The application is subject to registration in accordance with the established procedure for record keeping in the customs authorities.

5. Before the expiration of the period specified in paragraph 3 of Article 300 of the Federal Law, the head of customs or a person replacing him, decides on the possibility of placing goods under the customs procedure of refusal in favor of the state.

6. An authorized official of the customs authority decides on the need for a customs examination within the framework of the risk management system, if the need for a customs examination is established by the risk profiles. Based on the results of the customs inspection, in accordance with the established procedure, a customs inspection report is drawn up, which must contain a complete and detailed list of goods, their assortment range, quantity, description, expiration dates (consumption, sale), existing defects.

7. When submitting to the customs authority all the documents and information necessary for making a decision on the possibility of placing goods under the customs procedure of refusal in favor of the state of the documents and information specified in paragraph 3 of this annex, and the presence of a positive conclusion on the results of customs control of the functional divisions of the customs, including subdivision whose functional duties include organizing interaction with the federal executive body authorized by the Government of the Russian Federation to dispose of property transferred to state ownership, the interested person is issued a written permit to place goods under the customs procedure of refusal in favor of the state, certified by the signature of the head of customs or a person replacing him, and an imprint of the seal of the customs authority.

8. Permission to place goods under the customs procedure of refusal in favor of the state is filled out on a printing device using sheets of A4 paper.

9. The decision to refuse to issue a permit to place goods under the customs procedure of refusal in favor of the state is made by the head of customs or a person replacing him, of which the person concerned is immediately notified in writing, indicating the reasons for the refusal.