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• Having a sustainable character;
• Associated with the evasion of customs duties and taxes in significant amounts;
• Undermining the competitiveness of domestic producers;
• Affecting other important interests of the state, the enforcement of which is entrusted to the customs authorities.

The RMS is used when choosing the forms of customs control, which is based on the principle of selectivity.

The RMS is based on WTO standards:

• Reducing the time of customs clearance;
• Transparency and predictability of the work of customs authorities for participants in foreign economic activity;
• Partnership approach in relations between customs authorities and participants in foreign economic activity.

Basic concepts:
Risk- the likelihood of non-compliance with the customs legislation of the Russian Federation.
Risk goods- goods transported across the customs border of the Russian Federation and in respect of which risks have been identified or potential risks exist.
Cover Goods- goods that with a sufficient degree of probability can be declared (declared) instead of risk goods.
Risk indicators- certain criteria with predetermined parameters, the deviation from which allows the choice of the object of control.

For goods of the risk group and the cover group, a letter of the State Customs Committee of the Russian Federation dated May 19, 2004 N 01-06 / 18051 "On the list of goods of the risk group and the cover group" was issued.

Sources of information used to identify risks:

• Various databases of customs authorities.
• Operative information.
• Appeals and complaints of citizens and legal entities. persons.
• Information from other government agencies.
• MEDIA.
• The results of service checks, operational-search activities.
• Information provided by participants in foreign trade activities on a voluntary basis.
• Acts of legislation and legal acts.
• Internet.

Risk Profiles:

One of the issues that is far from clear to all participants in the VTD is the concept of a risk profile.

The risk profile is:

A set of information about the risk area, risk indicators, as well as instructions on the application of the necessary measures to prevent or minimize the risk. Depending on the region of application, the risk profile by type is divided into all-Russian, regional and zonal.

The risk profile reported by the customs authorities in paper form is understood as the regulatory legal or legal acts of the Federal Customs Service of Russia, including the approved target technologies of customs control carried out in the course of the implementation of measures of customs and tariff regulation, compliance with legislation to determine customs value, currency legislation, correctness of calculation customs payments, etc. and which contain instructions on the need for customs authorities to use specific forms of customs control or their combination in order to minimize risks.

The best way to understand what a risk profile is is to consider its structure:

Approximate risk profile structure:

I. General information:

• Number
• Validity period etc.

II. Information about the risk area.

• Risk indicators (weight, cost, quantity, etc.)
• Customs authority performing customs operations with goods
• Foreign trade contract
• customs regime
• Type of transport, etc.

III. Measures to minimize the risk.

• Instruction on the application of measures.
• type of customs clearance.
• Contact Information:
• The contact person.
• The person who signed the draft profile.

 

Customs authorities use the following technology to create a risk profile:

1. Based on the analysis, Customs, RTU or FCS generates a draft risk profile.

2. The direction of the risk profile project occurs along the following chain:

Customs - RTU - the coordinating division of the GUOTK of the Federal Customs Service of Russia.

RTU is the coordinating division of the GUOTK of the FCS of Russia.

The FCS is the coordinating division of the GUOTK of the FCS of Russia.

Registration of the risk profile is carried out by the Federal Customs Service of Russia.

Based on the available materials, a workshop is held, at which a decision is made on the advisability of publishing a risk profile, and the risk profile is prepared in electronic form.

The State Scientific Research Center of the Federal Customs Service of Russia maintains a directory of risk profiles. In addition, the State Research and Development Center ensures that the risk profile is communicated to the relevant customs authorities.

Actions in identifying risk profiles:

The application of measures to minimize the risk can be at the level of the customs post and customs.

Column "C" of the customs declaration - a report on the results of the application of direct measures to minimize risks.

If the risk profile is a normative act, the number of the act is indicated in the report.

Features of the development and publication of urgent risk profiles:

Urgent risk profiles are designed to promptly inform officials involved in customs clearance and customs control of goods and vehicles about the need to apply direct measures to minimize risks to a certain batch of goods before they are released.

Projects of urgent risk profiles are developed by the coordinating and other structural divisions of the FCS of Russia, RTU or customs on the basis of the results of the ongoing monitoring of customs clearance.

Projects of urgent risk profiles developed by the structural subdivisions of the RTU (customs) are submitted to OKTO RTU (customs) for sending via operational communication channels to the GUOTK.

The draft urgent risk profile is drawn up in any form and may contain the following information:

• on the date of movement of goods across the state border of the Russian Federation;
• on persons involved in the movement of goods (carrier, recipient of goods, person responsible for financial settlement);
• about goods being moved and numbers of vehicles;
• on customs authorities performing customs operations with goods;
• on the numbers of customs documents (TIR Carnet, transit declaration, etc.);
• other information necessary for the formation and publication of an urgent risk profile.

The draft urgent risk profile is sent by OKTO RTU (customs) or a structural subdivision of the Federal Customs Service of Russia to the GUOTK via operational communication channels (fax, e-mail) marked "Urgent risk profile".

The official of the GUOTC, who has accepted the draft urgent risk profile through the operational communication channels, immediately reports this to the head of the coordinating department of the GUOTK or his deputy.

The received urgent risk profile project is registered in the register of risk profile projects of the coordinating subdivision of the GUOTK in accordance with the Instructions for working with risks and the Temporary Order.

Proposals on the expediency of issuing an urgent risk profile are prepared by the GUOTK together with the structural unit in whose line of business the risk is identified, as a rule, during the current day.

Based on the results of the development of proposals on the advisability of issuing an urgent risk profile, the coordinating unit of the GUOTK prepares a teletype message containing an urgent risk profile related to the zonal type.

The teleprinter is signed by the head of the GUOTK or his deputy, authorized by the head of the GUOTK, or the head of the structural unit of the Federal Customs Service of Russia, in whose area of activity the risk is identified.

The content of the teletype message can also be communicated to the customs authority by telephone (via a telephone message, in accordance with the procedure established by other legal acts of the Federal Customs Service of Russia) and (or) using the AIST-M or AIST RT-21 "Orientation" software module.

The decision on recognizing the publication of an urgent risk profile as inappropriate is brought by the GUOTK to the customs authority orally by telephone.

After sending the teletype message, a decision may be made to re-send the urgent risk profile as part of a letter from the Federal Customs Service of Russia no later than four days from the date of sending the teletype message.

Before the receipt of a teletype message containing an urgent risk profile, and the application of direct measures to minimize risks or a message from the GUOTK on the recognition of an urgent risk profile as inappropriate, within the time limits established in Article 152 of the Customs Code of the Russian Federation, authorized officials of the customs authorities take measures aimed at ensuring the conduct of an audit goods, except for cases of additional verification in accordance with paragraphs 3, 5 of Article 153 of the Customs Code of the Russian Federation.

It is necessary to distinguish between the concepts of risk profile and orientation.

Orientation of the customs authorities is carried out in order to bring to the officials who carry out customs clearance and customs control of goods and vehicles, information on typical indicators characterizing various objects of customs control (goods, their packaging, weight, cost, transportation conditions, movement procedure, etc.). as well as the activities of participants in foreign economic activity.

The content of the orientation must include the following basic information:

• validity period of the orientation;
• territorial scope of orientation;
• description of the risk area;
• indicators of risk indicators.

The orientation may not contain instructions on the application of customs control forms and other direct measures to minimize risks.

The structure of the orientation is similar to the structure of the risk profile, with the exception of the section on the application of measures to minimize risks.

The orientation project is developed by the structural subdivision of the Federal Customs Service of Russia, RTU, customs independently in their area of activity.

Orientation projects are developed on the basis of the results of the analysis of electronic databases, as well as other sources of information.

The orientation project of the RTU (customs) is sent by letter and via operational communication channels (fax, e-mail) to the structural unit of the Federal Customs Service of Russia, in the direction of which the orientation project was developed by decision of the head of the relevant service of the RTU (deputy head of customs in charge of the corresponding structural unit of customs).

The draft orientation must be accompanied by an explanatory note justifying the need to issue an orientation by the FCS of Russia in accordance with the submitted draft.

The orientation project received from the RTU is considered in the relevant structural unit of the FCS of Russia. If a decision is made on the expediency of issuing an orientation by the FCS of Russia, the draft orientation is endorsed by the head of the structural unit of the FCS of Russia.

Orientations are signed by the Deputy Head of the FCS of Russia in charge of the relevant structural unit of the FCS of Russia and sent to the customs authorities, as a rule, by letter of the FCS of Russia, as well as as part of software.

 

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