CUSTOMS CONTROL
Chapter 15
General provisions on the customs control
Article 94. Principles of performing the customs control
1. When customs control is carried out customs authorities conform to the principle of selectivity and, as a rule, confine themselves only to the forms of customs control sufficient to ensure the compliance with the Customs legislation of the Customs Union and the legislation of the member states of the Customs Union, the control over the execution of which is assigned to customs authorities.
2. When selecting the objects and forms of customs control the system of risk management is applied.
3. In order to improve the customs control, customs authorities shall cooperate with the customs authorities of foreign countries in accordance with international agreements.
4. In order to improve the efficiency of customs control, customs authorities interact with other state supervisory bodies, participants of foreign economic activity, persons conducting customs activities and other persons engaged in the foreign trade and the professional associations.
5. The customs authorities within their competence shall exercise other types of control including export, currency and radiation control in accordance with the legislation of the member states of the Customs Union.
6. When carrying out the customs control customs authorities do not require any permissions, instructions or resolutions for its performance except for the cases provided by the present Code.
Article 95. Performance of customs control
1. The customs control is exercised by customs authorities in accordance with the customs legislation of the Customs Union and the national legislation of the member states of the Customs Union. On behalf of the customs authorities, the customs control is performed by the officials of the Customs empowered to perform the customs control in accordance with their administrative duties (functions).
2. The customs control is performed by officials of customs authorities in relation to:
1) the goods including vehicles transported across the customs border or subjected to declaration according to the present Code;
2) customs declaration, documents and information on goods the presentation of which is specified by the customs legislation of the Customs Union;
3) activities of persons related to the transportation of goods across the customs border, rendering services concerning the customs matters, as well as activities carried out under particular customs procedures;
4) persons crossing the customs border.
3. The customs control is performed in a customs control area and also in other places designated by the customs authorities where goods, vehicles and documents containing the information about them, including electronic documents, are located.
Article 96. Goods placed under customs control
1. While importing goods into the customs territory of the Customs Union the goods are placed under the customs control from the moment of crossing the customs border.
The goods produced and located in the customs territory of the Customs Union which have acquired the status of foreign goods in accordance with this Code shall be regarded as placed under the customs control from the moment of their production.
2. The goods specified in paragraph 1 of the present Article are regarded as being placed under the customs control till:
1) the placement under the customs procedures of release for home consumption, except for the goods conditionally released, or re-import;
2) the acquisition by the conditionally released goods of the status of goods of the Customs Union according to Article 200 of the present Code;
3) the placement of goods under the customs procedures of abandonment to the State or destruction according to the present Code and (or) the legislation of the member states of the Customs Union;
4) the conversion into the property of the member state of the Customs Union according to the legislation of this state;
5) the de facto export from the customs territory of the Customs Union;
6) the labelling of the wastes formed as the result of the operations of inward processing of foreign goods as unsuitable for their further commercial use;
7) the recognition of some part of the foreign goods placed under the customs procedures of inward processing or processing for home consumption as production losses.
3. The goods specified in paragraph 1 of the present Article shall not be regarded as goods under the customs control after the customs authorities having acknowledged the fact of their destruction (irrecoverable loss) by accident or force majeure or as a result of natural diminution under the normal conditions of their conveyance (transportation) and storage, or as a result of other circumstances in the cases specified in the legislation of the member states of the Customs Union.
4. While exported from the customs territory of the Customs Union the goods of the Customs Union are subjected to customs control from the moment of registration of the customs declaration or other documents used in lieu of the customs declaration or from the moment of taking the actions immediately directed at the export of goods from the customs territory of the Customs Union and till their crossing the customs border.
5. The goods specified in paragraph 4 of the present Article which have not been de facto exported from the customs territory of the Customs Union are not regarded as being subjected to the customs control from the date of withdrawal of the customs declaration according to Article 192 of the present Code.
6. Customs authorities exercise the control over the discharge of obligations by persons concerning the re-import or re-export of goods including the goods obtained as a result of processing if such goods are subject to obligatory re-import or re-export according to the customs procedures established by the present Code.
7. Customs authorities have the right to stop vehicles and also to force the return of marine vessels and aircrafts which have left the customs territory of the Customs Union without the permission of the customs authorities. In this case the actions directed at detention (returning) of foreign vessels and the vessels being in the territory of other states, are performed according to the legislation of the member states of the Customs Union and (or) the international agreements.
In case of a stop of motor vehicles out of the zones of customs control with a view of implementation of the customs control of the goods and documents on them the time of such control shall not exceed 2 (two) hours. A statement about the implementation of such control is drawn up in a due form assigned by the decision of the Commission of the Customs union. One copy of this statement is subject to delivery to the carrier.