of this article, and in cases where the customs declaration is registered less than 4 hours before the end of the opening hours customs authority or one of the circumstances specified in paragraph 2 of this article occurred less than 4 hours before the end of the working hours of the customs body, - within 4 hours from the start of the working hours of this customs body, except for the cases provided for by this article.
2. In case of preliminary customs declaration of goods, the terms for the release of goods provided for by this article shall be calculated from the moment one of the following circumstances occurs:
1) change (addition) of the information declared in the customs declaration - provided that the customs authority that registered the customs declaration received a notice of the placement of goods in the zone customs control, indicated in the customs declaration, and in relation to goods transported by watercraft, the customs authority issued a permit 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 indicated in the customs declaration, and in respect of goods transported by watercraft, the issuance by the customs authority of a permit for their unloading at the place of arrival indicated 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 a notice of placement of goods in the customs control zone indicated in the customs declaration, or obtaining permission for unloading at the place of arrival indicated in the customs declaration in accordance with paragraph 3 of Article 114 of this Code in relation to goods transported by watercraft.
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 onset of one of the circumstances specified in paragraph 2 of this article, if one of the following occurs during the time specified in paragraph 1 of this article: circumstances:
1) the customs authority, in accordance with paragraphs 1 and 4 of Article 325 of this Code, requested documents confirming the information declared in the customs declaration, and (or) made a decision to conduct customs control in other forms or to apply measures to ensure the conduct of customs control;
2) the declarant applied to the customs authority with a reasoned request to change (supplement) 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 (supplement) the information declared in the customs declaration in accordance with paragraph 2 of Article 112 of this Code.
4. The term for the release of goods specified in paragraph 3 of this article may be extended by the time necessary for:
1) carrying out or completing the initiated 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 (supplement) 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 term for the release of goods shall be extended with the permission of the head (head) of the customs body, the deputy head (deputy head) of the customs body authorized by him, or persons replacing them.
6. When extending the term 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 onset of one of the circumstances specified in paragraph 2 of this article, unless otherwise established by this Code.
When extending the term 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 one of the circumstances specified in paragraph 2 of this article occurs.
7. If the verification of customs, other documents and (or) information cannot be completed within the 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 shall be extended with the permission of the head (head) of the customs authority, the deputy head (deputy head) of the customs authority authorized by him or persons replacing them, from the day following the day of the expiration of the period established by paragraph 6 of this article, for the period of such a check.
8. If a customs examination is appointed and its completion requires a longer period than the period established by paragraph 6 of this article, and no security is provided for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties in accordance with
One of the most common problems that international carriers contact our company with is the problem of passing customs control at the border of the vehicle. And in particular in those cases when customs inspection of goods is carried out.
It would seem that one of the tasks assigned to the customs authorities is to create conditions for accelerating the turnover of goods across the customs border. Also, the Customs Code of the Customs Union established that the term for the release of goods is one business day. Yes, and the customs inspection seems to be carried out by the customs in one day.
So why do vehicles stand at the border for two weeks or more? Let's see what the root of the problem is.
To begin with, there are two concepts that need to be distinguished:
A. Time of release of goods.
B. The term for conducting customs inspection as one of the forms of customs control.
Their relationship lies in the fact that the timing of the inspection, although they have their own flow rules, cannot go beyond the time period for the release of goods.
What is the release date of goods? This is the period from the moment of registration of the customs declaration until the moment the customs takes a decision on the declaration. And by default, it really is one working day. But… carrying out a customs inspection is one of the grounds on which the customs office can extend the release period by another 10 working days - a total of 11 working days. And it's been over two weeks now. Thus, the speed of passing the customs post directly depends on how long the customs inspection takes.
The terms of customs inspection can be divided into several components, each of which affects the time spent vehicle with the goods at the customs post:
- Deadline for delivery to the carrier of the notice of inspection.
Each time Customs decides to inspect goods, you must be promptly informed (issue a notice) and be told what action is required of you to carry out the inspection (issue requirements for presentation of goods and conduct of operations).
This stage consists of several sequential actions: identifying the risk profile, compiling a memorandum, making a decision to conduct an inspection, appointing a responsible officer of the customs inspection department, handing a notice to the driver about the inspection, requirements for the presentation of goods and requirements for operations in relation to goods and transport funds.
The total period from the moment the risk profile is identified to the delivery to the driver of all documents for the upcoming inspection should be 1.5-2 hours. If, for example, at 10.00 your car was weighed, an overweight was revealed, and from the words of the customs inspector you already know that an inspection will be carried out, or there was simply an incomprehensible pause from the customs, then somewhere at 12.00 you can already demand extradition documents or providing information on what Customs plans to do next, including by submitting a written application.
Why is this timeframe important? Because the further term for the customs inspection begins to run from the moment the goods are presented for inspection. And you, in turn, cannot present the goods for inspection until you receive a request from customs to do so.
- Actually the period of customs inspection.
Inspection must be carried out no later than the end of the next working day after the decision to conduct an inspection is made and from the moment the goods are presented for inspection or the carrier is notified of the readiness to present the goods, and if the customs post operates around the clock - no later than 24 hours.
Border posts, as a rule, operate around the clock. Therefore, if today at 15.00 you notified the customs that you are ready to unload the goods, then tomorrow, by the same time, the inspector must conduct an inspection.
What does it mean to present goods for inspection? In order for the goods to be considered presented, it is not enough that they are in the compartment of the car standing at the post. In relation to him, all operations specified by the customs authority in the requirement (marked with checkmarks) must be performed. This can be full or partial unloading, as well as the division of goods by type and name.
If the carrier is not ready to bear the costs of unloading the goods immediately after receiving the notification of the inspection, then the customs usually asks the carrier's driver to write an application for granting a deadline for unloading or separating the goods by type and name. If such a statement is written, then the customs authority has the right not to check the readiness of the car for inspection during the entire period for which it is written. In this case, the inspection period does not begin to run, since the goods have not yet been presented.
First, conclude an agreement with the temporary storage warehouse for the unloading of goods.
Secondly, do not write to the customs office an application for granting a deadline, since you are not obliged to write it and it does not bring any benefit to you. And if you write, then write to short term(for example, one day).
Thirdly, having concluded an unloading agreement, send a notification to the customs office about this. Moreover, regardless of whether or not they wrote an application for granting a deadline. From the moment of such notification, 24 hours begin to flow for customs to conduct an inspection.
- Deadline for drawing up the act of customs inspection.
The act of customs inspection is drawn up no later than one working day after the end of the inspection. For example, if the inspection is actually completed today, then the inspection report must be handed over to the carrier before the end tomorrow. The act of customs inspection, as the final stage of inspection, must be drawn up within the period of release of goods.
To summarize, it can be said that the violation of any of the above terms will in fact be a violation of your rights. In this case, you have the right to demand from the customs to expedite the work or to appeal against the inaction of the customs to a higher authority, the transport prosecutor's office or to the court.
But it should also be recognized that very often delays at the border arise due to ill-conceived and inefficient actions of carriers who do not fulfill customs requirements in a timely manner as part of the inspection. Sometimes even carriers do it deliberately. But in the end, this only gives the customs the opportunity to extend the inspection time. It is also true that, by extending the time of inspection, the customs often violates the time of release of goods. But only decision, which the customs authority can accept in relation to the goods without completing the inspection in accordance with the risk profile, is a refusal to release.
Consider this information when dealing with customs. Keep customs control under your control.
Alexey Zimin
Lawyer law firm"JURVEST"
How to minimize customs risks?
Submit your request in the section
How to get your money for unpaid transportation?
Submit your request in the section
How to avoid a fine of 100,000 - 200,000 rubles?
Check the correctness of filling in the permit for international transportation in the section
Today, many of us at least once in our lives used the services of foreign online stores and ordered the delivery of goods through various postal services. Any product purchased in a foreign online store, as well as a package from relatives living in another country, undergoes high-quality customs control. As practice shows, not in all cases the cargo passes the customs check without any problems. Very often he is detained by customs officers. Therefore, quite a few people are interested in the question of what to do if the shipment is delayed at the point customs clearance.
general information
Any private or commercial cargo that enters the territory Russian Federation from any other country, passes customs control. And everything would be fine, but very often it happens that the parcel is delayed at the border. In this case, many fall into despair, believing that the cargo is lost forever. However, if the parcel does not contain any prohibited goods provided for by law, then it is possible to receive your cargo.
Reasons for the delay of cargo by the customs service
So, let's imagine that you ordered some product in a foreign online store, but received a notification that the shipment was delayed at the customs clearance point. What does it mean? Everything is very simple: you will not be able to receive the parcel.
This may happen for the following reasons:
- if the goods are imported into the country without a declaration and payment customs duty, then it may be delayed if the value of the parcel exceeds 1500 euros;
- the total weight of the parcel exceeds 50 kg;
- the parcel consists of a large number of goods of the same group;
- any goods are prohibited for import into the Russian Federation.
These are the most common reasons why a shipment is delayed at the customs clearance point. What to do in this situation? This will be discussed further.
What to do if the parcel is delayed?
Most often, this problem is faced by ordinary citizens who, in order to save money or purchase exclusive goods, prefer to make purchases in foreign online stores. Delivery can be made by regular mail or by various companies providing similar services. most big company for international shipping is EMS. All of them are very convenient, because they deliver the parcel to the post office specified by the client. When the cargo arrives at its destination, the buyer is informed about this by SMS or by registered mail. In addition, if the shipment is delayed at the customs clearance point, you will also be notified about this.
If the purchased goods are delivered by regular mail, then the client does not receive any notification, and he will have to find out the fate of the parcel on his own. This takes quite a lot of time, because first you will need to go to the post office, then check the status of your order with the seller, and then submit a request to the customs service.
Contacting the customs service
After you are really sure that the shipment is delayed at the customs clearance point, you need to contact the control service.
This will require the following documents:
- An invoice from the seller confirming the purchase of the goods.
- A document confirming payment for the goods.
- Passport.
- If the parcel contains the same type of goods that were ordered not only for themselves, but also for relatives, then photocopies of their passports will be needed.
- Photos of each item included in the package.
also in customs service it will be necessary to fill out a special form, which lists all the goods present in the parcel, as well as their purpose. If the reason for the delay of the cargo is the excess of the cost or the weight limit, then you can pick up the cargo after paying the customs duty.
Storage periods for delayed goods
If the shipment is delayed at the customs clearance point, then the cargo is placed in storage. The maximum period is two weeks, of which the first 5 days are free, and the rest are paid by the owner of the parcel. If the cargo was delivered by airmail, then in this case the storage period is extended to 30 calendar days.
What goods are prohibited from being imported into the territory of the Russian Federation?
In order not to run into problems when sending goods, you need to know which groups of goods are prohibited from being transported across the border of our country.
These include:
- weapons and ammunition;
- narcotic substances;
- flammable and explosive substances;
- plants and animals;
- waste that poses a potential threat to environment as well as human life and health;
- materials promoting terrorism and containing pornography;
- alcoholic drinks;
- devices for collecting information;
- cultural heritage values;
- human organs;
- any Nazi-themed materials;
- jewelry and antiques;
- radioactive substances.
If the parcel contains any of the goods of this category, there is no doubt that a message will come stating that the shipment is delayed at the customs clearance point. How long will they be stored in this case? Any prohibited goods are subject to disposal, so they are not placed in storage. In addition, criminal liability may follow for trying to import many prohibited goods, so it is better to immediately abandon the attempt to bring them across the border.
How to avoid problems when shopping abroad?
If you plan to regularly order various goods from China, America, Europe or any other countries, then in order to avoid problems with their delivery, it is best to use the services of logistics companies. One of the largest in Russia is SPSR, which operates not only throughout the country, but also far beyond its borders. Thus, if your shipment is delayed at the customs clearance point, "SPSR-Express" will solve all the problems for you, provided that you have used the services of this courier service.
What services does SPSR provide?
The SPSR-Express company has become one of the national leaders in the field of cargo delivery in Russia and abroad. Most customers choose it because of the wide range of services that the carrier provides to its customers.
Among them are the following:
- fast delivery of parcels in Russia and abroad;
- postal transportation;
- courier services;
- package of parcels;
- storage of goods;
- notification of customers about the status of delivery;
- the ability to track the parcel online;
- delivery of goods to the address at a convenient time for the client;
- transportation of goods "from door to door".
The company works with both private and legal entities. If, however, the shipment is delayed at the customs clearance point, SPSR will notify the customer of the problem and help in solving it.
"SPSR-Express": delivery in the shortest possible time
Most consumers note the efficiency of the work of the company "SPSR-Express" and very fast delivery, and regardless of the region of the country. The time that the parcel will be in transit may vary. It depends on the company or online store in which the goods were ordered, as well as on its remoteness from Russia. Within the country, the delivery time takes no more than two days, and if the package is coming from abroad, you will have to wait about a week. However, if you compare its speed with other companies, then this courier service is indeed one of the fastest in Russia.
Convenient notification system
The company "SPSR-Express" is very popular among many shopaholics who prefer to shop online, also due to high-quality service. Clients receive SMS notifications about the status of their orders, and if there are any problems at the border, your order will be assigned the status: “Departure delayed at the customs clearance point”, which you will be instantly notified about.
Safety
Each person who ordered expensive thing in a foreign online store, wants to receive it safe and sound, as well as in the shortest possible time. If the shipment is delayed at the customs clearance point, "SPSR" will resolve the issue very quickly, as the company takes its duties very responsibly, as evidenced by consumer reviews. According to customers, all parcels arrive on time, and there are never any problems with their safety. Not only the product itself is intact, but also its packaging.
Cargo tracking
The ability to track the location of a package is a very convenient service that any self-respecting company providing logistics services should provide. "SPSR-Express", being a national leader, provides its customers with such an opportunity. Having access to the Internet, you can always look at the order number on the company's website, where this moment your cargo is located. If your shipment is delayed at customs, SPSR will update this information and you will be notified in time. Also, after the cargo arrives at the post office specified by the client, an SMS notification arrives informing that it is possible to receive the parcel. It is worth noting that due to some system failures, there may be delays in timely updating of information, however similar situations happen extremely rarely.
Cost of services
Price logistics services has always been of great importance for consumers when choosing one or another courier delivery service. Especially the price issue has become very relevant in recent years. This is due to the fact that due to the devaluation of the ruble, there was a significant increase in the price of all groups of goods when purchased in the national currency. Therefore, each person tries to save on everything that is possible. In particular, this applies to the cost of shipping goods from the seller to the buyer.
As for the cost of the services of the SPSR-Express company, although they cannot be called the cheapest, they are nonetheless one of the most attractive on the market. Today, for example, many people order smartphones in foreign stores. When ordering through a logistics company, they will cost significantly less, including delivery, compared to the usual postal service. If the shipment is delayed at the customs clearance point, and LeEco smartphones, say, or products from another manufacturer did not pass the check, then Logistic company notify the recipient immediately.
Thus, given the relatively low prices, high-quality service, fast delivery and a convenient order status notification system, it makes sense to buy goods in foreign online stores and deliver them to Russia through the SPSR company. In this case, consumers receive a full guarantee of the safety of the parcel on the way, and also minimize the associated hassle associated with delivery and customs clearance.
Customs clearance in accordance with the current regulatory legal acts that constitute the law of the EAEU, it is more correct to call operations related to declaration and release. But for brevity, we will focus on the term "customs clearance".
In the Customs Code of the EAEU, 1 (one) hour is allotted for making a decision on the registration of 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 being actively introduced. This means that if the declaration does not contain format-logical errors, then when it enters in electronic format, it is immediately assigned a number without the participation of an official. At the next stage (that is, after registration), the verification of the information specified in the document begins, using the risk management system (hereinafter referred to as RMS), before a decision is made to issue a customs declaration. And it is at this stage that delays occur.
Reasons for customs clearance delays
As noted above, delays in processing occur after the registration of the declaration. The period for issuing a document after registration can be conditionally divided into three parts:
within 4 hours;
no later than 1 business day after registration;
within 10 business days;
more than 10 business 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 was sent to the customs authority that accepted it to amend the declaration. In other words, the adjustment of the declaration is initiated at the initiative of the Declarant.
The declarant did not fulfill the requirements for adjusting the customs declaration.
The customs authority, in accordance with the RMS, decided to conduct other forms of customs control and (or) measures to ensure its implementation.
For these reasons, registration is not carried out 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 business days if:
the initiated form of customs control and (or) the measure ensuring its implementation cannot be completed on the next day after registration;
The declarant does not have time to correct the document in accordance with the requirements;
The declarant needs time to provide customs security for additional accrued payments if the authority has doubted the correctness of the declared value of the goods.
However, this period (10 working days) is not the limit, it can also be extended for the completion of other forms of control initiated.
Thus, the reasons for the delay in customs clearance can be grouped into 2 blocks:
Extension of customs clearance due to errors of the Declarant when declaring.
Operation of the SUR. It should be noted that the RMS in the customs authorities during registration with the advent of Electronic Declaration Centers (ECD) works very often and everywhere.
Actions of the Declarant in case of customs clearance delays
The most important thing in a situation with delays in customs clearance is not to panic and not contact other companies Customs representatives (brokers), trying to clear goods through them. As already noted, the problem is ubiquitous throughout the Russian Federation, tk. CED is being formed throughout the country - a transitional period.
But we believe that the customs authority still has a 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 TC EAEU. According to this paragraph, the customs authority is obliged to notify the Declarant of the extension of the period for issuing the declaration, if it is not issued within 1 working day after its registration. We also note that based on the principle of electronic declaration, this notification should come through a single automated information system(UAIS) of bodies to the Declarant and in no other way (not through email, not by phone).
Thus, an official of the customs authority is obliged to generate an electronic message with the code CMN.11111 on 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 it is necessary to indicate a new release date in the message, from which a further transport and logistics chain is built.
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