& # 1056 ; & # 1077 ; & # 1092 ; & # 1077 ; & # 1088 ; & # 1072 ; & # 1090 ; & # 1087 ; & # 1086 ; & # 1072 ; & # 1085 ; & # 1075 ; & # 1083 ; & # 1080 ; & # 1081 ; & # 1089 ; & # 1082 ; & # 1086 ; & # 1084 ; & # 1091 ; & # 1103 ; & # 1079 ; & # 1099 ; & # 1082 ; & # 1091 ; & # 1057 ; & # 1090 ; & # 1091 ; & # 1076 ; & # 1077 ; & # 1085 ; & # 1090 ; & # 1082 ; & # 1080 ; IV & # 1082 ; & # 1091 ; & # 1088 ; & # 1089 ; & # 1072 ; & # 1060 ; & # 1072 ; & # 1082 ; & # 1091 ; & # 1083 ; & # 1100 ; & # 1090 ; & # 1077 ; & # 1090 ; & # 1072 ; & # 1080 ; & # 1085 ; & # 1086 ; & # 1089 ; & # 1090 ; & # 1088 ; & # 1072 ; & # 1085 ; & # 1085 ; & # 1099 ; & # 1093 ; & # 1103 ; & # 1079 ; & # 1099 ; & # 1082 ; & # 1086 ; & # 1074 ; & # 1055 ; & # 1086 ; & # 1083 ; & # 1080 ; & # 1097 ; & # 1091 ; & # 1082 ; & # 1042 ; & # 1072 ; & # 1083 ; & # 1077 ; & # 1088 ; & # 1080 ; & # 1080 ; & # 1057 ; & # 1077 ; & # 1088 ; & # 1075 ; & # 1077 ; & # 1077 ; & # 1074 ; & # 1085 ; & # 1099 ; , & # 1075 ; & # 1088 ; . & # 1040 ; & # 1060 ; 41/2
Chapter I – What is imposts?
Customss is an authorization or bureau in a state responsible for roll uping and safeguarding imposts responsibilities and for commanding the flow of goods including animate beings, personal effects and risky points in and out of a state. Depending on local statute law and ordinances, the import or export of some goods may be restricted or forbidden, and the imposts bureau enforces these regulations. The imposts may be different from the in-migration authorization, which proctors individuals who leave or enter the state, look intoing for appropriate certification, groking people wanted by international apprehension warrants, and hindering the entry of others deemed unsafe to the state.
A imposts responsibility is a duty or revenue enhancement on the export of goods. In the Kingdom of England, imposts responsibilities were typically portion of the customary gross of the male monarch, and hence did non necessitate parliamentary consent to be levied, unlike excise responsibility, land revenue enhancement, or other signifiers of revenue enhancements.
Commercial goods non yet cleared through imposts are held in a imposts country, frequently called a bonded shop, until processed. All authorised ports are recognized imposts country.
Red and Green Channelss
Customss processs for geting riders at many international airdromes, and some route crossings, are separated into Red and Green Channels. Passengers with goods to declare ( transporting points above the permitted imposts bounds and/or transporting prohibited points ) should travel through the Red Channel. Passengers with nil to declare ( transporting goods within the imposts limits merely and non transporting prohibited points ) can travel through the Green Channel. Passengers traveling through the Green Channel are merely capable to descry cheques and save clip. But, if a rider traveling through the Green Channel is found to hold goods above the imposts bounds on them or transporting forbidden points, they may be prosecuted for doing a false declaration to imposts, by virtuousness of holding gone through the Green Channel.
Canada and the United States do non run a ruddy and green channel system.
Airports within the EU besides have a Blue Channel. As the EU is a imposts brotherhood, travellers between EU states do non hold to pay imposts responsibilities. VAT and Excise responsibilities may be applicable if the goods are later sold, but these are collected when the goods are sold, non at the boundary line. Passengers geting from other EU states should travel through the Blue Channel, where they may still be capable to cheques for prohibited or restricted goods. In add-on, restrictions exist on assorted baccy merchandises being imported from certain newly-joined EU member provinces and usage of the Blue Channel if those restrictions are being exceeded would be inappropriate. Luggage tickets for checked in baggage within the EU are green-edged so they may be identified. UK policy is that entry into a peculiar Channel constitutes a legal declaration.
Denationalization of imposts
Customss is an of import portion of the authorities involved in one of the three basic maps of a authorities, viz. , disposal, care of jurisprudence, order and justness and aggregation of gross. However, in a command to extenuate corruptness, many states have partially privatized its Customs. This has occurred by manner of battle of Pre-shipment Inspection Agencies who examine the lading and verify the declared value before importing is effected and the state Customs is obliged to accept the study of the bureau for the intent of appraisal of leviable responsibilities and revenue enhancements at the port of entry. While prosecuting a pre-shipment review bureau may look justified in a state with an inexperient or unequal Customss constitution, the step has non truly been able to stop up the loophole and protect gross. It has been found that equivocation of Customs responsibility escalated when pre-shipment bureaus took over. It has besides been alleged that such engagement of such bureaus has been doing holds in the cargo procedure. Denationalization of Customs has been viewed as a fatal redress.
Summary of basic usage regulations
No imposts for mail-clad goods below $ 20 CAD.
No imposts for gifts below $ 60 CAD.
Personal freedom sum is given to all family or personal usage points imported from another state. The sum depends on the clip exhausted outside of Canada and merely histories for Federal revenue enhancements and responsibilities ( provincial revenue enhancements may still use ) . They can non be combined with another individual nor by multiplying them ( i.e. 21 yearss outside of Canada does non equal to $ 2250 freedom )
24 hours or less = $ 0 CAD
24 & # 8211 ; 47 hours = $ 50 CAD
48 & # 8211 ; 7 yearss = $ 400 CAD
7 yearss or more = $ 750 CAD
Immigrants, in general, have a one clip limitless import allowance. However, certain articles are restricted from importing ( i.e. vehicles non run intoing Canadian safety criterions, pieces, etc )
Mail bound 22 EUR for commercial goods.
Customss may be really rigorous, particularly for mailed goods ( from outside the EU ) . No known lower bound. Taxes may be stiff. There may be an outgoing usage revenue enhancement excessively.
Up to 22 & # 8364 ; there is no revenue enhancements ( it ‘s free ) . From 22 & # 8364 ; up to 150 & # 8364 ; , there is need to pay VAT ( DPH in Slovak ) which is 19 % . From 150 & # 8364 ; there is need to pay VAT and imposts. Customss may be from 0 to 10 % and sum depends on type of imported good.
Hong Kong is a free port and by and large do non enforce responsibilities on imported or exported goods, with the exclusion of spiritss, baccy, methyl intoxicant and hydrocarbon oil. Residents go forthing the district with a valid Hong Kong Identity Card for 24 hours or more may import up to 1 liter of intoxicant and 60 coffin nails or 15 cigars.
Chapter II – World Customs Organization: history, instruments, disposal.
The World Customs Organization ( WCO ) is an intergovernmental organisation headquartered in Brussels, Belgium. With its worldwide rank, the WCO is recognized as the voice of the planetary imposts community. It is peculiarly noted for its work in countries covering the development of international conventions, instruments, and tools on subjects such as trade good categorization, rating, regulations of beginning, aggregation of imposts gross, supply concatenation security, international trade facilitation, imposts enforcement activities, battling forging in support of Intellectual Property Rights ( IPR ) , unity publicity, and presenting sustainable capacity edifice to help with imposts reforms and modernisation. The WCO maintains the international Harmonized System ( HS ) goods terminology, and administers the proficient facets of the World Trade Organization ( WTO ) Agreements on Customs Valuation and Rules of Origin.
In 1947, 13 European states established a Study Group to analyze imposts issues identified by the General Agreement on Tariffs and Trade ( GATT ) . This work led to the acceptance in 1950 of the Convention Establishing the Customs Co-operation Council ( CCC ) , which was signed in Brussels. On January 26, 1953 the CCC & # 8217 ; s inaugural session took topographic point with the engagement of 17 establishing members. WCO rank later expanded to cover all parts of the Earth. In 1994, the organisation adopted its current name, the World Customs Organization. Today, WCO members are responsible for imposts controls on more than 98 % of all international trade.
The WCO is internationally acknowledged as the planetary Centre of imposts expertness and plays a prima function in the treatment, development, publicity and execution of modern imposts systems and processs. It is antiphonal to the demands of its members and its strategic environment, and its instruments and best-practice attacks are recognized as the footing for sound imposts disposal throughout the universe.
The WCO & # 8217 ; s primary aim is to heighten the efficiency and effectivity of member imposts disposals, thereby helping them to lend successfully to national development ends, peculiarly gross aggregation, national security, trade facilitation, community protection, and aggregation of trade statistics.
In order to accomplish its aims, the WCO has adopted a figure of imposts instruments, including but non limited to the followers:
1 ) The International Convention on the Harmonized Commodity Description and Coding System ( HS Convention ) was adopted in 1983 and came into force in 1988. The HS multipurpose goods terminology is used as the footing for imposts duties and for the digest of international trade statistics. It comprises about 5000 trade good groups, each identified by a six figure codification arranged in a legal and logical construction with chiseled regulations to accomplish unvarying categorization. The HS is besides used for many other intents affecting trade policy, regulations of beginning, monitoring of controlled goods, internal revenue enhancements, freight duties, conveyance statistics, quota controls, monetary value monitoring, digest of national histories, and economic research and analysis.
2 ) The International Convention on the Simplification and Harmonization of Customs processs ( revised Kyoto Convention or RKC ) was originally adopted in 1974 and was later revised in 1999 ; the revised Kyoto Convention came into force in 2006. The RKC comprises several cardinal regulating rules: transparence and predictability of imposts controls ; standardisation and simplification of the goods declaration and back uping paperss ; simplified processs for authorised individuals ; maximal usage of information engineering ; minimal necessary imposts control to guarantee conformity with ordinances ; usage of hazard direction and audit based controls ; coordinated intercessions with other boundary line bureaus ; and a partnership with the trade. It promotes trade facilitation and effectual controls through its legal commissariats that detail the application of simple yet efficient processs and besides contains new and obligatory regulations for its application. The WCO revised Kyoto Convention is sometimes confused with the Kyoto Protocol, which is a protocol to the United Nations Framework Convention on Climate Change ( UNFCCC or FCCC ) .
3 ) ATA Convention and the Convention on Temporary Admission ( Istanbul Convention ) . Both the ATA Convention and the Istanbul Convention are WCO instruments regulating impermanent admittance of goods. The ATA system, which is built-in to both Conventions, allows the free motion of goods across frontiers and their impermanent admittance into a imposts district with alleviation from responsibilities and revenue enhancements. The goods are covered by a individual papers known as the ATA carnet that is secured by an international warrant system.
4 ) The Arusha Declaration on Customs Integrity was adopted in 1993 and revised in 2003. The Arusha Declaration is a non-binding instrument which provides a figure of basic rules to advance unity and combat corruptness within imposts disposals.
5 ) The SAFE Framework of Standards to Secure and Facilitate Global Trade was adopted in 2003. The SAFE Framework is a non-binding instrument that contains supply concatenation security and facilitation criterions for goods being traded internationally, enables integrated supply concatenation direction for all manners of conveyance, strengthens networking agreements between imposts disposals to better their capableness to observe bad cargos, promotes cooperation between imposts and the concern community through the Authorized Economic Operator ( AEO ) construct, and title-holders the seamless motion of goods through secure international trade supply ironss.
The WCO Secretariat is headed by a Secretary General, who is elected by the WCO rank to a five twelvemonth term. The current WCO Secretary General is Kunio Mikuriya from Japan, who took office on 1 January 2009. Secretary General Mikuriya has made enhanced communicating, capacity edifice, and research his top precedences. The WCO is governed by the Council, which brings together all Members of the Organization one time a twelvemonth, in a meeting chaired by an elective Chairperson. Additional strategic and direction counsel is provided by the Policy Commission and the Finance Committee. Several WCO commissions provide a platform for developing instruments and best patterns on imposts competences.
Chapter III – Regulations for the Federal Customs Service of Russia: organisation, direction.
I. General Provisions
The Federal Customs Service ( FCS ) of Russia is a Federal executive authorization, executing in conformity with the statute law of the Russian Federation the maps of control and supervising in the field of imposts and the maps of a currency control agent and particular maps of contraband control, suspension of other offenses and administrative misdemeanors.
The Federal Customs Service ( FCS ) is under the legal power of the Ministry of Economic Development and Trade of the Russian Federation.
The FCS in its activity is guided by the Constitution of the Russian Federation, federal Torahs, edicts and ordinances of the President of the Russian Federation, international understandings of the Russian Federation, regulative legal Acts of the Apostless of the Ministry of Economic Development and Trade of the Russian Federation, the Ministry of Finance of the Russian Federation and the Central Bank of the Russian Federation, and besides by present Regulations.
The FCS operates straight, through imposts houses and representative offices of the Service abroad, in cooperation with other federal executive governments, executive governments of the topics of the Russian Federation, municipal governments, the Central Bank of the Russian Federation, public associations and other organisations.
II. Authority Conferred by Office
The FCS has the undermentioned authorization conferred to by the office in the constituted country of focal point:
5.1. to execute levying of imposts fees, revenue enhancements, antidumping, particular and compensatory countervailing responsibilities, imposts dues, control truth for computation and timely payment of such fees, revenue enhancements and responsibilities, take steps for their recovery by enforcement ;
5.2. to supply for conformity with the established prohibitions and restrictions with regard to goods transferred across the imposts boundary line of the Russian Federation in conformity with the statute laws of the Russian Federation on province ordinance of foreign trade activity and international understandings of the Russian Federation ;
5.3. to supply for unvarying application by imposts governments of the imposts statute law of the Russian Federation ;
5.4.to perform imposts processing and imposts control ;
5.5. to do determinations on categorization of goods in conformity with the Terminology of Goods topic to Foreign Trade and supply for publication of such determinations ;
5.6. to supply within its competency for the protection of rational belongings ;
5.7. to do in conformity with established process preliminary determinations on categorization of trade good in conformity with the Terminology of Goods topic to Foreign Trade, on the beginning of goods from a specific state ( state of goods ‘ beginning ) ;
5.8. is responsible for:
5.8.1. maintaining registry of entities engaged in the activities in the field of imposts ;
5.8.2. maintaining registry of Bankss and other recognition organisations, authorized to supply bank guarantees for payment of imposts charges ;
5.8.3. maintaining imposts registry of rational belongings objects ;
5.8.4. invalidating imposts treating specializers & # 8217 ; making certifications ;
5.8.5. issue licences for puting up of free warehouses ;
5.9. to maintain foreign trade imposts statistics and particular imposts statistics ;
5.10. to inform and supply advice free of charge on the issues of imposts for participants of foreign trade activity ;
5.11. to execute within its competency control of currency operations, related to reassign of goods and conveyance vehicles across the imposts boundary line of the Russian Federation ;
5.12. to transport out proceedings on administrative misdemeanors and consideration of such instances in conformity with the statute law of the Russian Federation on administrative misdemeanors ;
5.13. to transport out probes and immediate probe proceedings in conformity with procedural condemnable statute law of the Russian Federation ;
5.14. to transport out in conformity with the statute law of the Russian Federation operational hunt actions ;
5.15. to develop and make in conformity with established process information engineerings, IT hardware and information systems used by imposts governments ;
5.16. to execute the maps of chief director and receiver of Federal budget financess, allocated for care of the Service and public presentation of the imposed maps ;
5.17. to supply within its competency protection of province secret information ;
5.18. to see ailments to determinations, actions or inactivity of imposts organic structures and imposts officers ;
5.19. to set up for public map, supply for seasonably and thorough consideration of entreaties of public, to do determinations on such entreaties and respond to appliers in the term established in conformity with the statute law of the Russian Federation ;
5.20. to supply for mobilisation preparation of the Service, every bit good as control and coordination of activity of the organisations under its legal power in footings of mobilisation preparation ;
5.21. to put up professional preparation of executive officers of imposts governments, refresher classs, progress preparation and preparation on probation ;
5.22. to carry through in conformity with the statute law of the Russian Federation work on acquisition, safekeeping, accounting and utilizing of archive paperss generated in the procedure of the Service operation ;
5.23. to interact in conformity with established process with the organic structures of foreign authoritiess and international organisations in the constituted country of activity, including that of representation on behalf of the Government of the Russian Federation the involvements of the RF in the World Customs Organization ( Council for Customs Cooperation ) and other international organisations ;
5.24. to carry on in conformity with established process and enter into authorities contracts for puting goods supply orders, public presentation of plants, rendering of services for the ain demands of the Service, and for R & A ; D works for authorities demands in established country of activity ;
5.25. to execute maps of client in hard-on of imposts houses, imposts check-points and other objects required for development of imposts substructure ;
5.26. to execute maps of client in working out studies and printing of excise casts for taging intoxicant production, baccy and baccy goods, imported to the imposts district of the Russian Federation ;
5.27. to implement plans of imposts processs in the Russian Federation ;
5.28. to execute other maps in established country of activity, if such maps are envisaged by federal Torahs, regulative legal Acts of the Apostless of the President of the Russian Federation.
The Federal Customs Service with the intent of recognizing its authorization in the constituted country of activity is authorized to:
6.1. with the concurrency of the Ministry of Economic Development of the Russian Federation:
to put up, restructure and liquidate imposts terminuss, specialized imposts organic structures with their competency limited by several warrants for public presentation of certain maps, imposed on imposts governments, or for transporting out of imposts operations in relation to the specific types of goods ;
to specify the part of activity of imposts organic structures ;
O.K. general or single commissariats on imposts organic structures ;
6.2. to form necessary probes, trials, experts & # 8217 ; scrutinies, analyses and ratings, every bit good as scientific research in established country of activity ;
6.3. to bespeak the information required for doing determinations on the issues, related to established country of activity ;
6.4. to supply to legal entities and physical individuals accounts on the issues associating to established country of activity ;
6.5. to supply control, including fiscal control, over activity of imposts governments and representative offices of the FCS abroad ;
6.6. to pull in conformity with established process for treating the issues, referred to the established country of activity, scientific and other organisations, and besides scientists and experts ;
6.7. to use the steps envisaged by the statute law of the Russian Federation of restrictive, warning or preventative character, directed for bar and/or suppression of misdemeanors by legal entities or physical individuals and citizens of compulsory demands in constituted country of activity, and besides to use the steps to neutralize the effects of the above misdemeanors ;
6.8. to put up consultative and experts & # 8217 ; organic structures ( councils, committees, groups, boards ) in established country of activity ;
6.9. to develop and O.K. samples of service certifications and the order of have oning uniforms.
The FCS is non entitled to execute in constituted country of activity regulative legal ordinance, except for the instances, established by federal Torahs, edicts of the President of the Russian Federation and ordinances of the Government of the Russian Federation, every bit good as the maps of governmental estate disposal and rendition of charged services.
The restrictions specified in the first paragraph of present article are non applied to the authorization of the Head of Service of estate disposal, assigned to the Service as per the right of operational control, deciding of staffing issues and the issues of organisation of the activities of the Service.
III. Activity Arrangement
The Federal Customs Service is headed by the senior executive officer to be appointed and dismissed from office by the Government of the Russian Federation on proposal of the Minister of Economic Development and Trade of the Russian Federation.
The Head of the FCS is personally responsible for execution of authorization imposed on the Service.
The Head of the FCS has deputies, commissioned and dismissed from office by the Minister of Economic Development and Trade of the Russian Federation on proposal of the Head of the Service.
The figure of deputies of the Head of the Federal Customs Service is defined by the Government of the Russian Federation.
The Head of the FCS:
9.1. distributes duties between the deputies ;
9.2. recommends to the Minister of Economic Development and Trade of the Russian Federation:
9.2.1. bill of exchange Regulations for the Service ;
9.2.2. proposals on maximal figure of executives and imposts officers and their salary budget ;
9.2.3. recommendations of assignment and dismissal from office of Deputy Heads of the Sevice ;
9.2.4. recommendations of assignment and dismissal from office Heads of Regional Customs Administrations and imposts houses ;
9.2.5. propositions of the bill of exchange one-year program and estimated parametric quantities of activity of the Service, and besides study of their fulfilment ;
9.2.6. proposals on organizing draft Federal budget in footings of fiscal proviso of the activity of the Service ;
9.3. appoints and dismisses from office executive officers of the cardinal office of the Service, Deputy Heads of Regional Customs Administrations, usage houses, Heads of imposts terminuss, every bit good as Heads, other executives and officers of the Service representative offices abroad ;
9.4. resolutenesss in conformity with the statute law of the Russian Federation on province service the issues related to service in the Federal Customs Service ;
9.5. approves the construction and forces agreements of the cardinal office of the Service within the bounds of labour compensation and forces Numberss established by the Government of the Russian Federation for the FCS and the estimation of costs for care of the Service within the bounds of the allotments approved for relevant period by the Federal budget ;
9.6. approves the figure and labour compensation financess of employees of Regional Customs Administrations, imposts houses and imposts terminuss, organisations under the legal power of the Service, and representative offices of the Service abroad within the indices established by the Government of the Russian Federation, every bit good as estimation of costs for their care within the bounds of the allotments approved for relevant period by the Federal budget ;
9.7. defines the process of passing the financess allocated for steps, related to executing by imposts governments of operational hunt actions ;
9.8. arranges in imposts organic structures in conformity with established order for managing of handheld arms and other arms, ammo, every bit good as cold weaponries ;
9.9. approves ordinances on aegiss and decorations of the Service and ordinances on Certificates of Merit of the Federal Customs Service ;
9.10. decorates, in conformity with process established by the statute law of the Russian Federation, with personal fire weaponries, every bit good as valuable nowadayss or monies ;
9.11. defines warrants of imposts autho
rities and functionaries in deciding of organisational, forces, fiscal and other issues ;
9.12. on the footing and in pursuit of the Constitution of the Russian Federation, federal constitutional Torahs, federal Torahs, edicts of the President of the Russian Federation, Government of the Russian Federation, the Ministry of Economic Development and Trade, the Ministry of Finance of the Russian Federation and the Central Bank of the Russian Federation, issues orders on the issues referred to competency of the Service.
The costs for care of the Federal Customs Service are financed out of the financess envisaged by the federal budget, every bit good as from other beginnings specified by the statute law of the Russian Federation.
The Federal Customs Service is a legal entity, it has a seal with the image of the State Coat of Arms of the Russian Federation and its name, other seals, casts and signifiers of established form, every bit good as histories opened in conformity with the statute law of the Russian Federation.
The Federal Customs Service has its coat of arms: emblem, flag and crown, approved in conformity with established process.
The Federal Customs Service is based in Moscow.
The construction of the Federal Customs Service ( FCS ) of Soviet union
Main Inspectorial Organizational Directorate ( staff of the Head of the FCS of Russia )
Human Resources Directorate
Main Directorate for Organization of Customs Control
Main Directorate for Contraband Control
Main Directorate for Commodity Items and Trade Limitations
Main Directorate of Logistics
Main Directorate of Federal Customs Revenues
Main Financial-Economic Directorate
Currency Control Directorate
Customss Cooperation Directorate
Directorate and General Services
Main Directorate for Information Technologies ( IT )
Internal Security Directorate
Customss Inspection Directorate
Customss Statistics and Analysis Directorate
Customss Probes Directorate
Law Enforcement Directorate
Management of the Federal Customs Service of Russia
Head of Federal Customs Service of Russia – Andrey Belyaninov
First Deputy Head of Federal Customs Service of Russia – Vladimir Shamakhov
Deputy Head of Federal Customs Service of Russia – Nikolai Volobuev
Deputy Head of Federal Customs Service of Russia – Tatyana Golendeeva
Chapter IV – The Concept of Development of Customs Service up to 2010
I. General Provisions
The construct of development of imposts governments of the Russian Federation ( hereinafter & # 8211 ; the Concept ) defines major ends, undertakings and tendencies of imposts governments.
The Concept is the footing for working out of plans and programs for development of imposts governments of the Russian Federation for medium-term and long-run position.
The Concept has been worked out in conformity with the cardinal jurisprudence of the Russian Federation, Federal Torahs and other ordinances of the Russian Federation, every bit good as on the footing of the international legal Acts of the Apostless in the field of imposts.
Presently, the influence of imposts ordinance has increased as an component of province ordinance of foreign trade activities for the procedures of international integrating of the Russian economic sciences in the international economic district.
The enlargement of cooperation with the international economical and fiscal establishments, the common involvements of Russia and other provinces in work outing of many jobs in the field of international security, such as neutralization to the spread of arms of mass obliteration, contending with the international terrorist act and drugs trafficking, acute environmental jobs, in peculiar in the field of commissariats of atomic and radiation security, conditioned visual aspect of new undertakings, which are to be resolved with the active engagement of imposts governments of the Russian Federation and which predetermine their farther development.
In development of imposts of the Russian Federation, which is taking topographic point in position of domestic economical transmutations and international pattern of ordinance in the field of imposts, it is necessary to take into history the particulars of the geographical state of affairs of the Russian Federation, such as considerable dimensions of the province boundary lines, and besides deficient equipment position of imposts check-points, and the necessity of advancing cooperation in the domain of boundary line and imposts control with the neighbouring provinces of the Russian Federation.
The administrative reform has resulted with forming of a new construction of the province governments, engaged in ordinance of foreign trade activities, which are to utilize a complex attack to interagency cooperation and proviso of the balance of involvements in the field of imposts duties, revenue enhancement, prohibitions and restrictions, established by the statute law of the Russian Federation.
Coming into consequence from January 1rst, 2004 of the Customs Code of the Russian Federation has created the necessary background for forming of practically new imposts legal base, compliant with the international criterions, and the conditions for specifying the precedences of development of imposts governments of the Russian Federation. However, certain jobs, related to the activity of imposts governments of the Russian Federation, remain still unresolved.
The potency of imposts disposal, which is a combination of agencies and methods of proviso of imposts statute law conformity by physical and legal individuals, when they are conveying their goods and conveyance agencies across the imposts boundary line of the Russian Federation, is non realized with due efficiency, which is non leting to supply for the conformity with the statute law of the Russian Federation in full and to put up a favourable competitory environment in the domain of foreign trade. The issue of decreasing imposts value of goods and their inauthentic declaring by the participants of foreign trade activities remains an ague job for imposts governments of the Russian Federation.
The international criterions advancing the execution of trade logistics engineerings are non used in full.
The system of informing the imposts governments of the Russian Federation of pricing, trade and industrial specialisation in foreign states and universe inclinations in specialisation of labour is non yet to the full developed.
The imposts of the Russian Federation are non efficient in exerting control over the goods allowed for circulation in the imposts district of the Russian Federation ( post audit control ) .
Information-analytical support of jurisprudence enforcement activities, including operational hunt actions of imposts governments of the Russian Federation, is non sufficient.
The interaction of operative divisions of imposts governments of the Russian Federation with other jurisprudence implementing and command governments of Russia remains low.
The system of preparation and refresher preparation of forces for imposts governments of the Russian Federation, particularly of the specializers in the field of direction and control, is non yet equal.
Job wage of senior officers of imposts governments of the Russian Federation is non compatible with the economical significance of the determinations they take.
The degree of corruptness of imposts governments of the Russian Federation is still high.
These jobs bring about decreasing of the efficiency of imposts disposal, unjust competition, incursion of jurisprudence quality import goods into the Russian market and other negative phenomena.
There is a necessity of organizing new attitudes to imposts disposal, which may let imposts of the Russian Federation react expeditiously to the alterations taking topographic point in conformity with the international pattern and the demands of the province and society.
II. The Goal, Tasks and Principles of Development of Customs Authorities
The end of the Concept is the definition of the most efficient methods of execution of the undertakings in the field of imposts in conformity with the international criterions and statute law of the Russian Federation.
This end may be achieved through resolution of the undermentioned undertakings:
increasing of imposts ordinance quality, advancing creative activity of the conditions for the attractive force of investings into the Russian economic system, growing of grosss into the Federal budget, protection of domestic makers of goods, protection of the objects of rational belongings, and maximal aid to the foreign trade ;
upgrading of imposts disposal, including the development of the system of hazards direction on the footing of the execution of imposts processs in conformity with the international criterions, based on the latest accomplishments in the field of information and direction engineerings ;
strengthening of cooperation with the Russian, foreign and international governments in contending terrorist act, contraband of arms, drugs and forgery merchandises, and besides in proviso of economical, environmental and radiation security.
The realisation of the undertakings above, presupposes the proviso in all the district of the Russian Federation of stable legal government for foreign trade, based on the approved by the World Customs Organization the undermentioned cosmopolitan rules:
standartization, modernisation of imposts statute law, development of the norms, ordinances and processs taking into history the international criterions ;
transparence and predictability. The imposts statute law, the norms, ordinances and processs are to be applied systematically ; they are incorporate, known to the populace and are to be advised to all the interested parties in the acceptable signifier ;
minimal intervention. Customs governments are to follow with the rules of selective attack to and sufficiency of imposts control, every bit much as possible, and are to use the system of hazards direction ;
client orientation. Customs disposal is targeted to increase quality of imposts processs in relation to legal and physical individuals as participants of foreign trade activities ;
cooperation and partnership. The activity of imposts governments presupposes the development of cooperation with all the participants of foreign trade, including the province governments, concern community, and imposts governments of other provinces ;
balanced attack in relationship between imposts control in the field of security and steps helping the development of trade.
The new rules defined in the model criterions for the proviso of security and relief of universe trade, adopted by the World Customs Organization and approved by the Federal Customs Service are traveling to be the footing for the activity of imposts governments of the Russian Federation.
On the one manus, there will be formed new attacks to imposts disposal, which presuppose the proviso of its high efficiency with outward simpleness and speedy imposts clearance of goods and conveyance agencies, conveyed by physical and legal individuals, while on the other manus, such attacks shall assist decide the jobs, related to diminishing of imposts value of goods and their inauthentic declaring by the participants of foreign trade activities.
The efficiency of accomplishing the end of development of imposts governments of the Russian Federation, shall be evaluated as per following parametric quantities:
The degree of control of the conformity with the imposts statute law by the participants of foreign trade activities ;
Time required for go throughing imposts formalities during imposts clearance of goods and conveyance agencies conveyed across the boundary line by physical and legal entities, provided efficient imposts control is carried out ;
Law implementing activity.
The precedence of separate tendencies of imposts governments & # 8217 ; activity may be changed in conformity with the undertakings set by the province.
III. The System of Measures for Implementation of the Concept
The undermentioned steps on modernisation of imposts disposal are to be implemented for the intents of recognizing new attacks in the work of imposts governments of the Russian Federation:
development of the province boundary line of the Russian Federation ;
puting up of modern warehousing imposts logistical terminuss ;
allocating of imposts governments of the Russian Federation merely in the federally owned premises ;
allocating of the concatenation of stationary and nomadic inspectorial supervising composites ;
amending the Customs Code of the Russian Federation and other ordinances taking into history the jurisprudence enforcement pattern and amendments to the international criterions ;
implementing of new IT means for the support of the activities of imposts governments of the Russian Federation ;
puting up of the interagency automated system of aggregation, hive awaying and processing of information in realizing of all types of province control, including interfacing of the information bases of the revenue enhancement service and imposts governments of the Russian Federation ;
puting up of an operation Centre for treating the information and pickings determinations ;
modernisation of the engineering of organizing and maintaining imposts statistics in conformity with the international criterions ;
reinforcing of imposts control after publishing of goods in circulation in the district of the Russian Federation ( post audit control ) .
The rating of the activity of imposts governments of the Russian Federation shall be carried out quarterly on the standards of efficiency targeted to the concluding consequence.
It is planned to work out a complex scheme of staffing for imposts governments of the Russian Federation. Within this way major attending is to be paid to raising of quality of professional preparation of imposts officers, upgrading of their cognition and accomplishments, direction pattern, raising of efficiency of wage system, increasing of the prestigiousness of imposts officer business, and besides to puting up of the subdivisions of the Russian Customs Academy in the Federal Regions.
Recognizing of the information engineerings in the activity of imposts governments of the Russian Federation shall take topographic point in position of the commissariats of the Concept on utilizing of information engineerings in the activities of the Federal governments up to the twelvemonth of 2010. Such engineerings shall let bettering the parametric quantities of efficiency of activity of imposts governments of the Russian Federation, puting up the system of complex accounting and analysis of the participants of foreign trade activity, diminishing the subjectiveness in taking determinations by the functionaries of imposts governments of the Russian Federation. The information-analytical support of jurisprudence enforcement activity in the field of imposts will be performed with the aid of information engineerings.
It is besides envisaged to implement new information-engineering installations and package, to overhaul the bing installations, to develop the departmental incorporate system of telecommunications of imposts governments of the Russian Federation, to upgrade the machine-controlled systems of imposts clearance and imposts control, to implement the individual information system of control over exportation of goods from the district of the Russian Federation, to implement everyplace electronic agencies of information exchange with other control governments and imposts of other provinces, with the participants of foreign trade activities.
Further development of jurisprudence enforcement activities of imposts governments of the Russian Federation in neutralization to terrorist act and international drugs trafficking shall be carried out taking into history the necessity of proviso the security instantly at the province boundary line of the Russian Federation.
IV. The Directions of Customs Authorities Development
The benchmarks selected for the development of imposts governments of the Russian Federation, based on information engineerings and compliant on the whole with the rules of development of imposts governments of the taking states of the universe, definition of clear-cut and apprehensible ordinances of imposts clearance, based on the international conventions and recommendations, have allowed puting up of legal and organisational footing of the activity of imposts governments of the Russian Federation in recent old ages.
However, presently, imposts governments of the Russian Federation are still at the phase of active institutional development, which is taking topographic point in position of the forthcoming connection of the Russian Federation of the World Trade Organization, altering of the volumes of flows of riders and goods, increasing of the strength of foreign economic activities of the parts of the state, growing of the demands of transit companies, exporters and importers.
It is planned that realisation of the maps of imposts governments of the Russian Federation during imposts clearance is to be fulfilled in conformity with the norms of the international understandings on imposts issues and on the footing of the international criterions of quality ( such as ISO series criterions ) , which serve as international basic mention criterion for puting up and rating of quality systems, every bit good as with the attractive force of the foreign trade activity participants into the procedure of readying bill of exchange Torahs and other regulative paperss in imposts sphere, on puting up of the transportation of a portion of non specific operations, carried out by imposts governments now, to self regulative organisations.
For realisation of these attacks it is planned to chiefly utilize the possibilities of imposts governments, preliminary ratting and electronic declaring, the system of hazards direction, based on multifactor analysis of the information about foreign trade minutess and which is a complex mechanism of act uponing the procedures of imposts control be agencies of minimisation of hazards, every bit good as the individual interagency automated system of aggregation, hive awaying and processing of information during execution of all types of province control in combination with the control on the footing of audit methods, every bit good as systematic interaction with revenue enhancement governments and other control governments. The execution of electronic exchange of information with other control bureaus shall let recognizing the rules of “ one window ” ( when information on riders and goods is presented merely one time ) and “ one halt ” ( incorporate province control ) .
Another of import way is the steps which when realized may let the inclusion of imposts statistics into a individual information statistical resource of the Russian Federation.
It is planned to put up in the construction of the imposts governments of the Russian Federation the operational centre for treating the information and pickings determinations, with chief undertaking to carry on uninterrupted monitoring of all incoming information, its analysis utilizing the system of hazards direction and issue of operational mark for the imposts offices of the Russian Federation for their selective imposts control, supplying timely reactance to the menaces related to the misdemeanor of the imposts statute law of the Russian Federation.
Within the model of the above waies of development of imposts governments of the Russian Federation it is planned to transport out the division of work with flows of paperss and flows of goods on the footing of the international pattern in combination with preliminary and electronic declaring, which are to speed up imposts processs, and besides to supply control over the information about goods in the needed and sufficient volume. This way presupposes utilizing of electronic ( paperless ) flow of paperss, which shall supply for the conditions for the execution of the simplified imposts processs, to be used on the footing of the repute of the participants of foreign trade activity.
It is planned to utilize the engineerings used in a figure of mature market states of the type of incorporate direction and control on the boundary lines ( two services at the boundary line ) , based on individual information system of jurisprudence enforcing and control governments, which shall enable uniting documental control at the check-points over the goods conveyed across the imposts boundary line of the Russian Federation, and to better the quality of the review of these goods. As consequence it will let to make favourable conditions for the riders traversing the boundary line and goods conveyed across the boundary line, cut down the clip needed for go throughing the boundary line, diminish the disbursals, increase the volume of the flow of goods, facilitate realisation of trade logistical engineerings, such as “ house-house ” , “ when due ” and “ turn cardinal ” . The high degree of quality of the above procedures shall be achieved by agencies of utilizing the system of quality control over each peculiar imposts operation.
V. The Implementation of the Concept
It is planned to implement the construct in 2 phases.
Phase I ( 2005 – 2007 ) & # 8211 ; it is envisaged to transport out farther harmonisation of the statute law of the Russian Federation with the recognized norms in the field of imposts. In position of the planned connection of the Russian Federation to the World Trade Organization, it is planned to convey the Law of the Russian Federation dated 21.05.1993, & # 8470 ; 5003-1 “ On imposts duty ” in conformity with Clause VII of General Agreement on Tariffs and Trade. In 2005 & # 8211 ; 2006 there will be completed work on organizing the place of the Russian Federation on the issue of fall ining the International Convention on Simplification and Harmonization of Customs Procedures ( Kyoto, 1973, in legal diction of Brussels Protocol of 1999 ) . Law enforcement pattern will be implemented on the degree of the international criterions.
Get downing from 2006 it is planned to utilize in the imposts district of the Russian Federation of imposts paperss, used by other member provinces of the European Union in conformity with the Convention on Simplification of Formalities in Trade of Goods ( Brussels, 1987 ) . In position of this, in 2006 – 2007 are to be changed the regulations of declaring and the signifiers of lading and theodolite imposts declarations taking into history the demands, envisaged for the Single Administrative Document of the European Union in utilizing of the Convention on Single Transit Procedure ( 1987 ) .
Phase II ( 2008 – 2010 and the extroverted old ages ) , on the whole, the building and arming of the objects of imposts substructure, will be over. Exploitation of interagency information resources will let form the work of imposts governments on & # 8220 ; one window & # 8221 ; and & # 8220 ; one halt & # 8221 ; rules. Fiscal support shall be at the disbursal of the Federal budget, every bit good as other installations in conformity with the statute law of the Russian Federation. It is planned to work out interdepartmental programs for realisation of the Concept, including the interagency program of contending corruptness.
The execution of the Concept shall necessitate relevant resources within the model of the Federal mark plans and departmental programs of intent oriented steps, for puting up favourable conditions for legal and physical individuals traveling through imposts formalities and leting cut downing disbursals by agencies of utilizing cosmopolitan international rules.
The execution of the steps, envisaged by Federal mark plans and departmental programs of intent oriented steps, shall ease:
cut downing of clip spent by the foreign trade activities participants on imposts formalities ;
increasing of throughput capacity of check-points at the boundary line of the Russian Federation due to seting into operation of new and modernised current check-points ;
implementing of individual criterions and imposts disposal ordinances, increasing of quality of support of the activities of foreign trade participants, utilizing of incorporate imposts paperss and electronic declaring, which, in consequence, is traveling to cut down administrative disbursals ;
easing execution of trade policies taking into history the societal and economical and investing undertakings.
The complex execution of the Concept shall let forming of a modern system of proviso for the involvements of the province in the field of imposts, rendering of efficient neutralization to the menaces of security of the Russian Federation, deciding societal and economical undertakings, making favourable conditions for the activities of trade community, physical and legal individuals.
In decision it should be noticed that imposts is a extremely complicated and extremely developed establishment. It plays an of import function in the system of international dealingss. Customs is an authorization or bureau in a state responsible for roll uping and safeguarding imposts responsibilities and for commanding the flow of goods including animate beings, personal effects and risky points in and out of a state. Customs is an of import portion of the authorities involved in one of the three basic maps of a authorities, viz. , disposal, care of jurisprudence, order and justness and aggregation of gross. This system faces many jobs but it is invariably developing seeking new chances for better service.