On July 1, 2010 the Customs Union Customs Code came into force
On July 1, 2010 the Customs Union Customs Code (the "CU CC") and a wide range of international treaties and agreements came into force for Russia, Belarus and Kasakhstan. The provisions of the CU CC have direct effect. Customs Code of the Russian Federation shall be applied insofar as it does not conflict with the rules of CU CC.
The Federal Customs Service of the Russian Federation drafted and sent to the customs bodies regulations "On non-application of some rules of the Customs Code of the Russian Federation dated May 28, 2003 No. 61- FZ" and "On order of placing of goods under the customs procedure and customs control of the goods as the Customs Union created".
These regulations define the rules that are not applicable anymore. As well as the terminology was changed in accordance with the CU CC: "customs declaring" instead of " declaring", "customs procedure" instead of "customs regime", "registration of customs declaration" instead of "acceptance of customs declaration", etc.
The draft of the CU CC was signed by the presidents of participating countries in November 2009 subject to a proviso to complete the draft at the ratification stage. In April 2010 the Protocol on introduction of amendments into the Treaty on the CU CC (the "Protocol") entered into effect.
The majority of amendments into the CU CC are aimed on mitigation of business operations, in particular some amendments are related to the simplification of customs clearance for export of high-technology goods and mechanic- technical products which are not subject to export customs duties.
Thus, The CU CC specifies the maximum possible number of documents for customs clearance. Nowadays there are only seven such documents (The Customs Code of the Russian Federation don't cover this issue. In practice, the number of such documents varies to 30).
The term of assignment of exported goods, which are not subject to export customs duties, is reduced from 2 days to 4 hours. In accordance with Customs Code of the Russian Federation this term was 3 working days from the moment when a customs declaration and other documents, information were accepted, as well as from the moment when the goods were presented to customs bodies).
At present small and medium-sized enterprises may be allowed to apply simplified custom formalities for import of the goods, that are necessary to develop the manufacture, as well as for export of high-technology products. It caused by the reduction of the amount of financial guarantees provided for by the customs bodies (from 1 million euro to 150 thousand euro) for granting the status of approved economic operator.
In accordance with Article 68 of the Customs Code of the Russian Federation the special simplified procedures of customs clearance for particular persons are provided for by the authorized federal executive body (Federal Customs Service of the Russian Federation).
According to Article 41 of the CU CC an approved economic operator may be entitled to the following special simplifications:
temporary storage of the goods in warehouses, on outdoor areas and other land areas belonged to an approved economic operator.
conduct of customs operations connected with release of goods in warehouses, on outdoor areas and other land areas belonged to an approved economic operator.
Also the Protocol includes the provisions intended to support export and technical re-equipment.
For example, the customs procedure of processing in the customs territory for guarantee repairs of previously exported goods specifies the possibility to interchange the broken details, units, aggregates for parity goods, less regard to their extent of ware (Article 248 of the CU CC).
This rule in accordance with generally accepted international norms related to the conditions repairs and technical servicing of exported goods is considered as one of the main rules in relation to support of export of mechanic- technical products and intends to reduce the period of customs formalities for the fulfillment of exporters' obligations related to warranty repair and technical servicing of previously exported goods.
For the purpose of an integral customs zone providing, at present the goods manufactured or released for free circulation on the territory of any of the participating countries circulates within the Customs Union territory without payment of customs duties; free of any economic limitations; and with simplified customs formalities.