Article 389. Appointment and conduct of a customs examination of the Customs Code of the Eurasian Economic Union
1. A customs expert examination is appointed by the customs authority if special and (or) scientific knowledge is required to clarify issues arising during customs operations and (or) customs control by the customs authorities.
2. The customs examination is carried out by the authorized customs body.
If it is impossible for an authorized customs body to conduct a customs examination, or if this is provided for by the legislation of the Member States, in other cases, a customs examination may be appointed to be conducted by an expert organization (expert) of a member State in accordance with the legislation of that Member State.
3. A customs expert examination is appointed in respect of goods, customs, transport (shipping), commercial and other documents, as well as means of identification of such goods and documents.
4. The authorized customs body conducts commodity, materials, technological, forensic, chemical and other types of examinations, which are necessary.
5. The decision of the customs authority to appoint a customs examination is made by an authorized official of the customs authority and is executed in accordance with the legislation of the member States on customs regulation.
The decision of the customs body on the appointment of a customs examination shall be accompanied by samples and (or) samples of goods, seized documents and (or) means of identification, other materials and documents necessary for conducting a customs examination.
6. A customs examination may be refused on the following grounds:
1) improper execution of a decision on the appointment of a customs examination, an act of sampling and (or) samples of goods, an act on the seizure of documents, means of identification submitted for customs examination;
2) non-compliance of samples and (or) samples of goods, their quantity with the information specified in the act of sampling and (or) samples of goods;
3) violation of packaging, non-conformity of packaging with the description specified in the act of sampling and (or) samples of goods;
4) the authorized customs body does not have the necessary material and technical base, special conditions for conducting a customs examination or a customs expert with the required qualifications;
5) lack of information and documents allowing to conduct a customs examination on the issues raised;
6) insufficient samples and (or) samples of goods for customs examination;
7) the existence of a ban by the customs authority that appointed the customs examination on partial or complete destruction, destruction during the customs examination of samples and (or) samples of goods, documents, means of identification, and conducting research and (or) testing is possible only using destructive methods.
7. The authorized customs body, no later than 3 working days from the date of registration of the received decision of the customs body on the appointment of a customs examination, shall decide on the conduct of a customs examination or on the refusal to conduct it on the grounds specified in paragraph 6 of this Article.
The decision to refuse to conduct a customs examination shall specify the reasons for such refusal.
The decision to refuse to conduct a customs examination, accompanied by the submitted materials, documents, samples and (or) samples of goods, is sent to the customs authority that appointed the customs examination.
8. The customs body that appointed the customs examination, no later than the day following the day of the decision on the appointment of the customs examination, notifies the declarant or another person with authority in respect of goods, on the appointment of the customs examination by delivery (direction) He will receive copies of the decision on the appointment of a customs examination.
9. The costs of conducting a customs examination shall be reimbursed from the budget of the Member State whose customs authority appointed the customs examination, with the exception of the second paragraph of this paragraph.
In the case of the appointment of a customs examination in accordance with the second paragraph of paragraph 2 of this Article, the costs incurred in connection with the conduct of such a customs examination shall be reimbursed at the expense of the person in respect of whose goods and (or) documents the customs examination is conducted, if the results of the customs examination revealed violations of international treaties and acts in the field of customs regulation.
10. If this is provided for by the legislation of the Member States, the authorized customs body may conduct other examinations (studies) in accordance with the procedure established in accordance with such legislation.
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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