Article 334. Access of officials of customs and other state bodies to the facility of the person being checked for conducting an on-site customs inspection of the Customs Code of the Eurasian Economic Union

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Article 334. Access of officials of customs and other state bodies to the facility of the person being checked for conducting an on-site customs inspection of the Customs Code of the Eurasian Economic Union

1. Upon presentation by customs officials of a decision (instruction) on conducting an on-site customs inspection and official identification cards, the inspected person is obliged to ensure access of these officials and officials of other state bodies involved in conducting an on-site customs inspection to the facility of the inspected person for conducting an on-site customs inspection.

Access of customs officials and officials of other state bodies involved in conducting a customs inspection to the living quarters of the person being checked is allowed if this is provided for by the legislation of the Member States.

2. If the legislation of a Member State provides for a special procedure for access to certain facilities, such access is carried out in accordance with the procedure established by the legislation of that Member State.

3. The person being checked has the right to refuse access to the facility of the person being checked to officials of the customs authority and officials of other state bodies involved in conducting an on-site customs inspection in the following cases:

1) these officials have not presented a decision (instruction) on conducting an on-site customs inspection and (or) official identification cards.;

2) these officials are not specified in the decision (instruction) on conducting an on-site customs inspection;

3) these officials do not have special permission to access the facility of the person being checked, if such permission is required in accordance with the legislation of the Member States.

4. In the event of an unjustified refusal by the person being checked to provide access to officials of the customs authority conducting an on-site customs inspection and officials of other state bodies of the member States involved in conducting an on-site customs inspection, an appropriate act (protocol) is drawn up at the facility of the person being checked in accordance with the legislation of the member State.

In the event of an unjustified refusal by the person being checked to provide access to the facility of the person being checked by officials of the customs authority conducting an on-site customs inspection and officials of other state bodies of the member States involved in conducting an on-site customs inspection, they have the right to enter this facility with the suppression of resistance and (or) with the opening of locked premises in accordance with with the legislation of the Member States.

The Customs Code of the Eurasian Economic Union was adopted on April 11, 2017.

It was ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI SAM.

President

Republic of Kazakhstan

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