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<*> The codes provided for in column 1 of the table are intended to illustrate the correlation between the CPC Codes and the description of the scope of regulate good/service in column 2 respectively.

 

Table 10

 

International Agreements, Finalizing the Legal Basis

of the Customs Union <*>

--------------------------------

<*> Agreements enter into force as established by the Protocol on Entry into Force of the International Treaties Aimed at the Formation of the Legal Basis of the Customs Union, Withdrawal from its Membership and Accession Thereto of 6 October 2007, hereinafter referred to as the Protocol. As provided by this Protocol, all international agreements from Annex 2 (with the exception of the Protocol which came into force after the Parties had ratified it) enter into force after the Board of Heads of States or the Board of Heads of Governments approves entry into force if the Depositary of Parties informs them that the Parties have accomplished all the internal procedures necessary for this international treaty to take effect. The purpose of this system is to ensure that international treaties enter into force throughout the territory of the Customs Union simultaneously.

 

No Title of the International Agreement Status of the Agreement in the Russian Federation Status of the Agreement in Republic of Belarus Status of the Agreement in Republic of Kazakhstan Date of Entry into Force/Number and Date of the Decision of the Board of Heads of States
1. Treaty on the Commission of the Customs Union of 6 October 2007 Ratified 27 October No. 188-FZ Ratified Ratified 10.10.2008, No. 3
2. Treaty on the Establishment of Common Customs Territory and Formation of Customs Union of 6 October 2007 Ratified 27 October No. 187-FZ Ratified Ratified 10.10.2008, No. 3
3. Protocol on Rules on Entry Into Force of International Treaties Aimed at the Formation of the Legal Basis of the Customs Union, Withdrawal from Them and Accession to Them of 6 October 2007 Ratified 27 October No. 189-FZ Ratified Ratified 11.01.2009
4. Agreement on Common Customs Tariff Regulation of 25 January 2008 Ratified 22 December 2008 No. 253-FZ Ratified 9 July 2008 No. 383-3 Ratified 18.11.08 No. 83-IV - ZRK 01.01.2010, No. 20
5. Agreement on Export Customs Duties in Respect of Third Countries of 25 January 2008 Ratified 22 December 2008 No. 254-FZ Ratified 9 July 2008 No. 384-3 Ratified 18.11.08 No. 81-IV - ZRK Information to be provided
6. Agreement on Common Rules for Determining the Country of Origin of Goods of 25 January Ratified 22 December 2008 No. 257-FZ Ratified 9 July 2008 No. 388-3 Ratified 01.07.2010, No. 36
7. Agreement on Common Measures of Non-tariff Regulation with Regard to Third Countries of 25 January 2008 Ratified 22 December 2008 No. 255-FZ Ratified 9 July 2008 No. 386-3 Ratified 18.11.08 No. 82-IV - ZRK 01.01.2010, No. 19
8. Agreement on Application of Special Safeguard, Anti-dumping and Countervailing Measures in Respect of Third Countries of 25 January 2008 Ratified 22 December 2008 No. 252-FZ Ratified 9 July 2008 No. 385-3 Ratified 01.07.2010, No. 37
9. Agreement on Determination of Customs Value of Goods, Transferring Across Customs Border of the Customs Union of 25 January 2008 Ratified 22 December No. 258-FZ Ratified 9 July 2008 No. 389-3 Ratified For Russian Federation and Republic of Kazakhstan. from 01.07.2010; For Republic of Belarus from 06.07.2010, No. 17
10. Agreement on Administration of Customs Statistics of External and Mutual Trade in Goods of Customs Union of 25 January 2008 Internal procedures fulfilled Ratified 9 July 2008 No. 390-3 Internal procedures fulfilled 09.06.2009, No. 13
11. Agreement on the Principles of Indirect Tax Collection at Export and Import of Goods, Performing work and rendering services in the Customs Union of 25 January 2008 Ratified Ratified 9 July 2008 No. 391-3 Internal procedures fulfilled 01.07.2010, No. 36
12. Agreement on Conditions and Mechanism of Tariff Rate Quotas of 12 December 2008 Ratified 28 November No. 291-FZ Ratified Ratified 01.01.10 No.
13. Protocol on Conditions and Procedure for use in Exceptional Cases of Import Customs Duties, other than Common Customs Tariff Rates of 12 December 2008 Ratified 28 November No. 288-FZ Ratified Ratified 01.01.10 No.
14. Protocol on Provision of Tariff Preferences of 12 December 2008 Ratified 28 November No. 302-FZ Ratified Ratified 01.01.10 No.
15. Protocol on Common System of Tariff Preferences of Customs Union of 12 December 2008 Ratified 28 November No. 301-FZ Ratified Ratified 01.01.10 No.
16. Agreement on the Order of Calculation and Paying of Customs Payments in Member States of the Customs Union of 12 December 2008 Is not planned to enter into force as the guidelines regulated by this agreement will be specified in the Customs Code of the Customs Union.
17. Agreement on the Procedure of Declaration of Goods of 12 December 2008 Is not planned to enter into force as the guidelines regulated by this agreement will be specified in the Customs Code of the Customs Union.
18. Agreement on the Procedure of Customs Clearance and Customs Control of 12 December Is not planned to enter into force as the guidelines regulated by this agreement will be specified in the Customs Code of the Customs Union.
19. Agreement on the Types of Customs Procedures and Customs Regimes of 12 December Is not planned to enter into force as the guidelines regulated by this agreement will be specified in the Customs Code of the Customs Union.
20. Protocol on Provision of Unified Implementation of Rules on Determination of Customs Value of Goods, Transferring Across Customs Border of the Customs Union of 12 December 2008 Ratified Ratified Ratified 15.05.2011, No. 82
21. Agreement on Order of Declaration of Customs Value of Goods, Transferred Across Customs Border of the Customs Union of 12 December 2008 Under ratification Under ratification Under ratification Is planned to come into force from July 2010
22. Agreement on the Order of Provision of Control over Validity of Determination of Customs Value of Goods, Transferred across the Customs Border of the Customs Union of 12 December 2008 Under ratification Under ratification Under ratification Is planned to come into force from July 2010
23. Protocol on Exchange of Information, Required for Determination and Control over Customs Value of Goods Between Customs Bodies of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of 12 December 2008 Under ratification Under ratification Under ratification Is planned to come into force from July 2010
24. Agreement on Rules of Determination of Origin of Goods from Developing and Least - developed Countries of 12 December 2008 Ratified Ratified Ratified 01.07.2010, No. 36
25. Agreement on Secretariat of the Commission of the Customs Union of 12 December 2008 Under ratification Under ratification Under ratification Temporarily in effect from the date of signing
26. Agreement on Introduction and Implementation of Measures, Concerning Trade in Goods, on the Common Customs Territory in Respect of Third Countries of 9 June 2009 Ratified 28.11.09 No. 304-FZ Ratified Ratified 01.01.2010, No. 19
27. Agreement on Licensing Procedures in the Sphere of Foreign Trade in Goods of 9 June Ratified 28.11.09 No. 300-FZ Ratified Ratified 01.01.2010, No. 19,
28. Protocol on Status of the Centre of the Customs Statistics of 9 June 2009 Ratified Ratified Ratified 01.07.2010, No. 40
29. Treaty on the Customs Code of the Customs Union of 27 November 2009 Ratified Ratified Ratified For Russian Federation and Republic of Kazakhstan from 01.07.2010; For Republic of Belarus from 06.07.2010
30. Agreement on the Circulation of Goods Subject to Mandatory Conformity Assessment on the Customs Territory of the Customs Union of 11 December 2009 Ratified Ratified Ratified 01.07.2010, No. 38
31. Agreement on Mutual Recognition of Accreditation of Certification Bodies (Conformity Assessment (Confirmation)) and Test Laboratories (Centres), Performing Works on Conformity Assessment (Confirmation) of 11 December Ratified Ratified Ratified 01.07.2010, No. 38
32. Agreement on the Customs Union on Sanitary Measures of 11 December 2009 Ratified Ratified Ratified 01.07.2010, No. 39
33. Agreement on the Customs Union on Veterinary and Sanitary Measures of 11 December 2009 Ratified Ratified Ratified 01.07.2010, No. 39
34. The Agreement of the Customs Union on Quarantine of Plants of 11 December 2009 Ratified Ratified Ratified 01.07.2010, No. 39
35. Protocol on 11 December 2009 on amending the Agreement of 25 January 2008 on Principles of Indirect Tax Collection at Export and Import of Goods, Performing Works, Rendering Services Ratified Ratified Ratified 01.07.2010, No. 36
36. Protocol on the Control over Their Payment when Exporting and Importing Goods in the Customs Union of 11 December 2009 Ratified Ratified Ratified 01.07.2010, No. 36
37. Protocol on Order of Collection of Indirect Taxes Connected with Works Performance, Provision of Services in the Customs Union of 11 December 2009 Ratified Ratified Ratified 01.07.2010, No. 36
38. The Protocol on Order of Transfer of Statistical Data of Foreign Trade Statistics and Statistics of Bilateral Trade of 11 December Ratified Ratified Ratified 01.07.2010, No. 40
39. The Treaty on the Functioning of the Customs Union in the Framework of the Multilateral Trading System Ratified Ratified Ratified Upon accession of any CU Party to the WTO

 

Table 11

 

List of EurAsEC Agreements, Forming Legal Basis

of The Customs Union <*>

--------------------------------

<*> Agreements enter into force after the Parties send notifications of fulfilment of their internal procedures to the Depositary.

 

No Title of the International Agreement Status of the Agreement in the Russian Federation Status of the agreement in Republic of Belarus Status of the agreement in Republic of Kazakhstan Date of Entry into Force
1. The Agreement on Customs Union between the Russian Federation and the Republic of Belarus of 6 January 1995 Ratified No. 164-FZ of 4 November Ratified Ratified 30 November
2. The Agreement on Customs Union of 20 January 1995 Ratified No. 21-FZ of 29 January 1997 Ratified Ratified 3 December
3. The Treaty on Customs Union and Common Economical Space of 26 February Ratified No. 55-FZ of 22 May Ratified Ratified 23 December
4. The Treaty on Establishment of EUR asian Economic Community of 10 October 2000 Ratified No. 56-FZ of 22 May Ratified Ratified 30 May 2001
5. The Agreement on Unified Order of Export Control of Member States of EurAsEC of 28 October 2003 Ratified No. 277-FZ of 29 November Ratified Ratified 21 December
6. The Protocol on Mechanism of Implementation of Special Safeguard, Anti-dumping and Compensatory Measures in Trade of Customs Union Member - States of 17 February 2000 internal procedures fulfilled internal procedures fulfilled internal procedures fulfilled 12 December
7. The Agreement on the Fundamentals of Harmonization of Technical Regulations of EurAsEC Member - States of 24 March 2005 internal procedures fulfilled internal procedures fulfilled internal procedures fulfilled 17 May 2007
8. The Agreement on Application of Common Sign of Turnover of Goods on the Market of EurAsECs Member-States of 19 May 2006 internal procedures fulfilled internal procedures fulfilled internal procedures fulfilled 5 May 2008
9. The Protocol on International Trade Negotiations of States-Parties to The Agreements on Customs Union on Accession to the WTO of 3 June       3 June 1997
10. The Protocol of 6 October 2007 on Amending the Treaty on Establishment of EurAsEC of 10 October 2000 Ratified No. 192-FZ of 27 November Ratified Ratified 24 November
11. The Agreement on Implementation of Coordinated Policy in the Field of Technical Regulation, Sanitary and Phytosanitary Measures of 25 January 2008 internal procedures fulfilled. Ratified 9 July 2008 No. 387-3 internal procedures fulfilled. 4 June 2009
12. The Agreement on Establishment of Information System of EurAsEC in the Field of Technical Regulation, Sanitary and Phytosanitary Measures of 12 December 2008 internal procedures not yet fulfilled internal procedures fulfilled internal procedures fulfilled. Information to be provided
13. Protocol on Amending The Agreement on the Fundamentals of Harmonization of Technical Regulations of EurAsEC Member - States of 24 March 2005 of 12 December 2008 internal procedures not yet fulfilled internal procedures fulfilled internal procedures fulfilled. Information to be provided

 

Table 12

 

Licensing Fees Structure for Production, Storage, Purchase

and Supply of Ethyl Alcohol, Alcoholic Products

and Alcohol-Containing Products

 

Types of Activity Licensing Fees in rubles
Production, storage and supply of produced ethyl alcohol, including denaturates 3,000,000
Production, storage and supply of produced alcoholic alcohol-containing products (excluding wine) 3,000,000
Production, storage and supply of produced wine 250,000
Storage of ethyl alcohol, alcoholic products and alcohol - containing edible products 250,000
Purchase, storage and supply of alcoholic products and alcohol-containing products 250,000
Production, storage and supply of alcohol-containing non - edible products 250,000

 

Table 13

 

Restricting Customs Checkpoints

for Certain Categories of Goods

 

Restricting Customs Checkpoints for Declaration
No Type of Goods Normative Legal Act Comments
1. Meat and food meat sub-products (HS codes 02). Order of the FCS of the Russian Federation No. 893 of 6 May 2010 "On the Competence of the Customs Bodies in respect of adoption of Custom declaration and release for free circulation of the goods classified in Group 02 of the Harmonized system imported to the territory of the Russian Federation and placed under the customs procedure of release for free circulation". The reasons for introducing: goods require special conditions of storage at the customs border (freezers) and customs control. Customs check-points are distributed throughout the Russian Federation (there are check - points in every federal district of Russia), depending on the volumes of imports coming to different regions.
2. Alcohol products, originating from the Republic of Moldova and imported into the customs territory of the Russian Federation. Order of the FCS of the Russian Federation No. 1388 of 9 November 2007 "On Places of Declaration of Certain Types of Goods". The reason for introducing: "risky" products which need strengthened customs control.
3. Goods transported through the customs territory of the Russian Federation by pipelines and electric power grids Order of the SCC of the Russian Federation No. 1013 of 15 September 2003 "On customs clearance of goods, transported through the customs territory of the Russian Federation by pipelines and electric power grids" (as last amended on 24 August 2006). Establishment of special customs check-points is connected with the specificity of transportation of such goods.
4. Fuel-wood, wood - scrap; wood in the rough; hoopwood, split poles; railway or tramway cross-ties of wood; wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm (HS codes 4401, 4403, 4404, 4406, 4407). Order of the FCS of the Russian Federation No. 801 of 20 April 2010 "On Places of Declaration of Certain Types of Goods". The reason for introducing: the specificity of classification of such goods under HS.
Restricting Customs Checkpoints for Entry or Exit
1. Meat and food meat sub-products of poultry (HS codes 0207). Resolution of the Government of the Russian Federation No. 665 of 3 November 2003 "On the designation of certain check-points for entry to the customs territory of the Russian Federation of meat and meat sub-products of poultry". The reason for introducing: the post should be specifically equipped.
2. Fuel-wood, wood - scrap; wood in the rough; hoopwood, split poles; railway or tramway cross-ties of wood; wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm (HS codes 4401, 4403, 4404, 4406, 4407). Resolution of the Government of the Russian Federation No. 521 of 15 July 2010 "On the determination of certain check points of exit from the territory of the Russian Federation of certain types of goods". The reason for introducing: the post should be specifically equipped.
3. Alcohol products (HS codes 2204 - 2206 00, 2208 except for 2208 90 910 0 and 2208 90 990 0) and tobacco products (HS codes 2402 10 000 0, 2402 20, 2403 10, except for the tobacco raw materials used for manufacture of tobacco products) Resolution of the Government of the Russian Federation No. 743 of 9 December 2003 "On establishment of designated customs check-points for entry to the customs territory of the Russian Federation of alcoholic and tobacco products". The reason for introducing: the post should be specifically equipped.

 

Table 14

 

Distribution of Authorities of the Customs Bodies

on Carrying out Customs Operations at Designated

Customs Checkpoints

 

No Type of the goods Normative legal act Comments
1. Goods transported with the use of Temporary Admission. Order of the FCS of the Russian Federation No. 1268 of 7 July 2010 "On the Approval of the List of Customs Bodies, Authorised to Carry Out Customs Operations with Goods, Conveyed with the Use of ATA Carnets. The reasons for introducing: need for special equipment (unified computer system registering the temporary imported goods) and trained staff. In the future there are plans to supply all customs points with the necessary equipment and to enlarge substantially the number of customs offices authorised to deal with ATA carnets.
2. Goods subject to the issuance of passports of vehicles, passports of chassis of vehicles and passports of self - propelled vehicles and spare parts to them, conveyed by natural persons. Order of the FCS of the Russian Federation No. 1172 of 15 December 2005 "On Establishing Authorities of the Customs Bodies in Carrying out Customs Operations with the Goods, Conveyed by Natural Persons". The reasons for introducing: need for special technical control and equipment with a unified computer base for registration of imported cars (including checking in Interpol database etc.).
3. Goods subject to excise (including those subject to licensing, marking with excise stamps, wines and cognacs spirits, beer (including alcohol - free beer), goods subjected to the issuance of passports according to the established procedures. Order of the FCS of the Russian Federation No. 1005 of 28 October 2005 "On Establishing Authorities of the Customs Bodies in Carrying out Customs Procedures with Excise Goods and Other Particular Type of Goods". The reason for introducing: "risky" products which need strengthened customs control.
4. Diplomatic correspondence and goods, conveyed by certain categories of foreign persons. Order of the SCC of the Russian Federation No. 357 of 24 March 2004 "On Establishing Competence of Customs Bodies in Carrying out Customs Procedures in Respect of Diplomatic Correspondence and Goods Conveyed by Certain Categories of Foreign Persons" (Registered by the Ministry of Justice of the Russian Federation No. 5716 of 5 April 2004) amended by SCC Order No. 681 of 17 June 2004 "On Amending Order of the SCC of the Russian Federation No. 357 of 24 March 2004". The reason for introducing: designation of certain offices, which are able to provide for express control of diplomatic goods.
5. Goods, transported across the customs border of the Russian Federation by international mail (except for diplomatic pouch and consular valise) Order of the FCS of the Russian Federation No. 4 of 11 January 2007 "On Establishing Authorities of the Customs Bodies located in Moscow or Sankt Petersburg in Carrying out Customs Procedures in Respect of Goods, Transported Across the Customs Border of the Russian Federation by International Mail" The reason for introducing: The goods containing in the international mail are normally cleared by customs offices which are situated directly in the post offices distributing international mail.
6. Goods, meant for demonstration at exhibitions, fairs, international meetings and similar actions. Order of the FCS of the Russian Federation No. 1387 of 29 December 2006 "On Establishing Competence of the Customs Bodies located in Moscow or Sankt Petersburg in Carrying out Customs Procedures in Respect of Goods, Destined for Displaying on Exhibitions, Fairs, International Meetings and Other Such Actions and in respect of cultural valuables" The reasons for introducing: customs operations with goods destined for exhibitions are quite specific, so normally there are specialized customs units operating with them: besides. Dealing with cultural valuables, temporarily imported for exhibitions, needs especially well - trained personnel.
7. Goods, transported by air Order of the FSC of the Russian Federation No. 382 of 29 March 2007 "On Establishing Competence of the Customs Bodies in Carrying out Customs Procedures in Respect of Goods Conveyed by Air". The reasons for introducing: the customs bodies authorised to carry out customs procedures with goods transported by air, are, as a rule, located in the airports.
8. Precious stones and metals (including natural diamonds and cut diamonds (HS codes 7102 10 000 0, 7102 21 000 0, 7102 31 000 0), watches (cased in precious metals or plated with precious metals, inlaid with precious stones), watch cases and parts thereof (cased in precious metals or plated with precious metals, inlaid with precious stones), as provided for in the Presidential Decree No. 1137 of 20 September 2010; banknotes or treasury notes, securities, coins (HS codes 4907 00 300 0, 4907 00 900 0, 7101, 7103, 7116, 7117, 7118). Order of the FSC of the Russian Federation No. 489 of 19 April 2007 "On Establishing Competence of the Customs Bodies in Carrying out Customs Procedures in Respect of Precious Stones and Metals". The reasons for introducing: the need for special technical control (measurement, assessment), which undermines need for special equipment and trained staff.
9. Fissionable and radio-active materials, transported within the customs border of the Russian Federation (HS codes 2612, 2844 and HS code 8401 30 000), other goods containing spare parts (HS codes 2612, 2844 and HS code 8401 30 000), as well as the equipment for their production, storage, transporting, measuring and corresponding documentation. Order of the FCS of the Russian Federation No. 567 of 26 March 2009 "On Establishing Competence of the Customs Bodies in Carrying out Customs Procedures in Respect of Fissionable and Radio - active Materials" The reasons for introducing: need for special equipment and treatment.

 



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