Customs clearance in accordance with the current regulations that constitute the law of the EAEU, it is more correct to call operations related to declaration and release. But for the sake of brevity, let’s focus on the term “customs clearance”.
In the EAEU Customs Code, 1 (one) hour is allocated for making a decision on registering a declaration sent by the declarant or his representative. Previously this period was 2 hours. At this stage, there are usually no delays in registration. Moreover, an automatic registration system is now being actively implemented. This means that if the declaration does not contain formatting and logical errors, then when it is received in in electronic format, it is immediately assigned a number without the participation of an official. At the next stage (that is, after registration), the information specified in the document begins to be verified using the risk management system (hereinafter referred to as the RMS), before a decision is made to issue a customs declaration. And it is at this stage that delays occur.
Reasons for delays in customs clearance
As noted above, delays in processing occur after the declaration is registered. The period for issuing a document after registration can be divided into three parts:
within 4 hours;
no later than 1 business day after registration;
within 10 working days;
more than 10 working days.
In accordance with Art. 119 of the EAEU Labor Code, the declaration must be issued within 4 hours after its registration. However, this period may be extended for the following reasons:
Errors, incl. technical errors that were discovered by the Declarant, due to which an application to amend the declaration was sent to the customs authority that accepted it. In other words, an adjustment to the declaration is initiated at the initiative of the Declarant.
The declarant has not fulfilled the requirements for adjusting the customs declaration.
The customs authority, in accordance with the RMS, decided to carry out other forms customs control and (or) measures to ensure its implementation.
For these reasons, registration is not processed within 4 hours and must be completed no later than 1 business day after the day of registration. But this period is also extended to 10 working days if:
the initiated form of customs control and (or) the measure ensuring its implementation cannot be completed the next day after registration;
The declarant does not have time to adjust the document according to the requirements;
The declarant needs time to provide customs security for additional accrued payments if the authority doubts the correctness of the declared value of the goods.
However, this period (10 working days) is not a limit; it can also be extended for the period of completion of other forms of control that have been started.
Thus, the reasons for the delay customs clearance can be grouped into 2 blocks:
Extension of customs clearance due to errors of the Declarant when declaring.
Triggering of the RMS. It should be noted that the RMS in the customs authorities during registration with the advent of Electronic Declaration Centers (EDC) works very often and everywhere.
Actions of the Declarant in case of delays in customs clearance
The most important thing in a situation where there are delays in customs clearance is not to panic and not to contact other companies, customs representatives (brokers), trying to clear goods through them. As already noted, the problem is widespread throughout the Russian Federation, because The formation of EDCs throughout the country is underway - a transition period.
But we believe that customs authority after all, there is the so-called weakness, which can and should be emphasized. This weak point lies in the total non-compliance by the authorities with paragraph 9 of Art. 119 EAEU Labor Code. According to this paragraph, the customs authority is obliged to notify the Declarant about the extension of the period for issuing the declaration if it is not issued within 1 business day after its registration. We also note that based on the principle of electronic declaration, this notification should be received through a single automated information system(UAIS) bodies to the Declarant and in no other way (not through email, not by phone).
Thus, a customs official is obliged to generate an electronic message with code CMN.11111 about the extension of the deadline for issuing a declaration and send it through the UAIS to the Declarant. This is very important for the Declarant, because the message must indicate the new release date, and from this a further transport and logistics chain is built.
According to the customs code, the period for release of goods by the customs authority should be no more than 1 day, in some cases the period is even shorter - 4 hours from the time of registration of the declaration (Article 196 of the Customs Code of the Customs Union).
The customs authority may suspend the release of goods if objects of intellectual property are discovered.
Labor Code of the Customs Union, Article 196. Deadlines for release of goods:
The release of goods must be completed by the customs authority no later than 1 (one) working day following the day of registration of the customs declaration, unless otherwise established by this Code.
Your company imports or exports cargo, filed a declaration, provided all Required documents, but one day passed, and customs still did not release the cargo. If the customs authority has not released the cargo, then it therefore has questions for you and must notify the declarant in writing, indicating what needs to be done and what documents to provide. Customs can extend the period for releasing goods only in rare and strictly regulated cases. The deadline for the release of goods can be extended for a period of no more than 10 days with the written permission of the head of the customs authority, his deputy, or their substitutes.
Customs may extend the deadline for releasing goods in the following cases (Article 220 No. 311-FZ of November 27, 2010):
1. Collateral required. If the customs authority has decided to conduct an additional inspection and has established the amount of security, then the release will be suspended until this security is paid. Carrying out an inspection is not a basis for refusing to release the goods; if the deposit has been paid, then the goods must be released no later than 1 day from the date of its payment.
2. The necessary licenses, permits or other documents confirming compliance with the restrictions have not been provided. If the goods are restricted for import, then release to you without these documents will be allowed only if the declarant in writing or electronic form will confirm that it will provide documents no later than 45 days from the date of release of the goods. Article 219 No. 311-FZ dated November 27, 2010.
3. Conducting additional checks to determine the classification of the goods. If additional verification cannot be carried out within 10 days, the release of goods is carried out after payment of the security established by the customs authority. The release of goods must be carried out no later than 1 day following the day the payment security is provided customs duties. The product cannot be released if, when the code is changed, the product becomes restricted for import (see point 2). Article 106 No. 311-FZ dated November 27, 2010.
4. Carrying out an additional check to identify signs of an unreliably declared value of the goods. If the customs authority, during control, finds out that the information about the customs value of the goods is not reliable, or this information is not confirmed in any way, then the customs authority decides to conduct an additional inspection. If an additional inspection cannot be carried out within 10 days, the release of the goods is carried out after payment of the security established by the customs authority. Article 69 of the Labor Code of the Customs Union.
5. Additional documents or information regarding the goods are required, or verification of the goods in the form is required customs inspection, when:
- identifying inconsistencies with the information stated in the declaration, labeling or other information on the product packaging, appearance goods;
- availability of preliminary information about violations from other regulatory and supervisory authorities;
- identifying the fact that the imported goods violates the customs legislation of the Customs Union and laws Russian Federation O customs affairs specified in Article 162 No. 311-FZ
The timing of customs control must be within 1 day.
6. A written application by the declarant to extend the release deadline has been provided. If customs asks for such a letter to be drawn up in order to cover their “rear”, since they do not have time to release the goods on one day, then keep in mind that it will be very difficult to appeal in court against the violation of deadlines. Usually, the customs office in this letter asks to indicate that the inspection was not carried out due to the declarant’s failure to provide the goods for inspection.
Even after reading this article, it is still difficult to understand whether customs legally detained the goods for release. If you stated everything correctly, paid everything, provided all documents, if you think that during customs clearance, the deadlines for the release of your goods were violated, contact us, we will carefully check everything and give the result: were there any violations, what are the chances of appealing against the illegal actions of customs and what will be the result of the appeal.
Do not allow customs authorities to make your company a “punching bag”! Contact the Yurvib company for help and customs will understand that they have contacted the wrong people!
Remember: There are no articles in the law that allow the customs authority to violate deadlines in case of workload or unwillingness to inspect the goods on time.
of this article, and in cases where the customs declaration is registered less than 4 hours before the end of the customs authority’s working hours or one of the circumstances specified in paragraph 2 of this article occurs less than 4 hours before the end of the customs authority’s working hours - within 4 hours from the beginning of the working hours of this customs authority, except for the cases provided for in this article.
2. When preliminary customs declaration of goods, the terms for the release of goods provided for by this article are calculated from the moment of occurrence of one of the following circumstances:
1) change (addition) of information declared in the customs declaration - provided that the customs authority that registered the customs declaration received notification of the placement of goods in the customs control zone specified in the customs declaration, and in relation to goods transported by water vessels - the customs authority issued permission for their unloading at the place of arrival indicated in the customs declaration in accordance with paragraph 3 of Article 114 of this Code;
2) receipt by the customs authority that registered the customs declaration of notification of the placement of goods in the customs control zone specified in the customs declaration, and in relation to goods transported by water vessels - issuance by the customs authority of permission to unload them at the place of arrival specified in the customs declaration in in accordance with paragraph 3 of Article 114 of this Code, - provided that the customs authority is notified that there is no need to make changes (additions) to the submitted customs declaration or changes (additions) are made to the information declared in the customs declaration before the customs authority receives notification of the placement of goods in the customs control zone specified in the customs declaration, or obtaining permission for unloading at the place of arrival specified in the customs declaration in accordance with paragraph 3 of Article 114 of this Code in relation to goods transported by water vessels.
3. The release of goods must be completed no later than 1 working day following the day of registration of the customs declaration or the day of occurrence of one of the circumstances specified in paragraph 2 of this article, if during the time specified in paragraph 1 of this article one of the following occurred circumstances:
1) the customs authority, in accordance with paragraphs 1 and 4 of Article 325 of this Code, has requested documents confirming the information declared in the customs declaration, and (or) a decision has been made to conduct customs control in other forms or to apply measures to ensure customs control;
2) the declarant applied to the customs authority with a reasoned request to change (add) the information declared in the customs declaration in accordance with paragraph 1 of Article 112 of this Code;
3) the declarant has not fulfilled the requirement of the customs authority to change (add) the information declared in the customs declaration in accordance with paragraph 2 of Article 112 of this Code.
4. The period for release of goods specified in paragraph 3 of this article may be extended by the time necessary for:
1) carrying out or completing the begun customs control using the forms of customs control provided for by this Code and (or) measures ensuring the conduct of customs control;
2) fulfillment of the requirement of the customs authority to change (add) the information declared in the customs declaration in accordance with paragraph 2 of Article 112 of this Code;
3) providing security for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties in accordance with this Code.
5. The deadline for the release of goods is extended with the permission of the head (chief) of the customs body, the deputy head (deputy head) of the customs body authorized by him or their substitutes.
6. When extending the deadline for the release of goods, the release of goods must be completed by the customs authority no later than 10 working days from the day following the day of registration of the customs declaration or the day on which one of the circumstances specified in paragraph 2 of this article occurs, unless otherwise established by this Code.
When extending the deadline for the release of goods placed under the customs procedure of customs transit, the release of goods must be completed by the customs authority no later than 5 working days from the day following the day of registration of the transit declaration or the day on which one of the circumstances specified in paragraph 2 of this article occurs.
7. If the verification of customs and other documents and (or) information cannot be completed within the time period established by paragraph 6 of this article, and the release of goods in accordance with Article 121 of this Code cannot be carried out in the case provided for by paragraph 5 of Article 121 of this Code, the period for the release of goods is extended with the permission of the head (chief) of the customs body, the deputy head (deputy head) of the customs body authorized by him or the persons replacing them, from the day following the day of expiration of the period established by paragraph 6 of this article for the period of such a check.
8. If a customs examination is assigned and its completion requires a longer period than the period established by paragraph 6 of this article, and security for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties is not provided in accordance with
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