Article 393. Sampling and (or) samples of goods, seizure of customs, transport (shipping), commercial and other documents, means of identification for customs examination of the Customs Code of the Eurasian Economic Union
1. For customs examination, samples and (or) samples of goods are selected by customs officials.
2. If it is necessary to use special knowledge and technical means, sampling and (or) samples of goods may be carried out with the participation of a customs expert.
3. Samples and (or) samples of goods shall be taken in the minimum quantities necessary for their examination, in accordance with the procedure established by the legislation of the Member States.
4. Based on the results of sampling and (or) samples of goods, an act of sampling and (or) samples of goods is drawn up, the form of which is determined by the Commission.
The act of sampling and (or) samples of goods is drawn up in 3 copies, one of which is subject to delivery (direction) to the declarant, in his absence - to another person with authority over the goods, if it is established, and when sampling and (or) samples of goods transported in international mail - to the designated to the postal operator.
5. Customs officials shall take samples and (or) samples of goods in the presence of the declarant, in his absence - in the presence of another person with authority over the goods, if it is established, and when sampling and (or) samples of goods transported in international mail - in the presence of a representative of the designated operator. the postal service.
At the request of the customs authority, these persons are required to assist customs officials in sampling and/or sampling goods, including performing necessary cargo and other operations at their own expense.
6. Samples and (or) samples of goods may be taken by customs officials in the absence of the declarant or other person with authority over the goods, in the cases provided for in subparagraphs 1, 2 and 4 of paragraph 6 of Article 328 of this Code, in the presence of 2 witnesses, and in the case specified in subparagraph 3 of paragraph 6 Article 328 of this Code, - in the presence of a representative of the designated postal operator, and in his absence - in the presence of 2 witnesses.
7. The Customs authority does not reimburse the expenses incurred by the declarant or another person with authority over the goods as a result of sampling and (or) samples of the goods.
8. Upon completion of the customs examination, samples and (or) samples of goods not consumed during its conduct are returned by the customs authority that appointed the customs examination to the declarant or another person with authority over the goods, and when sampling and (or) samples of goods transported in international mail, to the designated postal operator, except for except in cases when such samples and (or) samples of goods are subject to burial, destruction or disposal in accordance with the legislation of the Member States.
The customs body that appointed the customs examination, no later than 3 working days from the date of receipt of samples and (or) samples of goods from the authorized customs body that conducted the customs examination, informs the declarant or another person with authority over the goods about the return of such samples and (or) samples of goods.
9. Samples and (or) samples of goods that have not been received by the declarant or another person with authority over the goods, within 15 working days from the date of receipt of the specified information, are detained by the customs authorities in accordance with Chapter 51 of this Code.
10. In order to carry out customs expertise in respect of customs, transport (shipping), commercial and other documents, means of identification, such documents and means of identification shall be seized by the customs authorities in accordance with the procedure established by the legislation of the Member States. On the seizure of customs, transport (transportation), commercial and other documents, means of identification, an act on the seizure of documents, means of identification is drawn up, the form of which is determined by the legislation of the Member States.
11. Upon completion of the customs examination, customs, transport (shipping), commercial and other documents are returned to the person from whom such documents were seized by the customs authority that appointed the customs examination.
The customs authority that appointed the customs examination, no later than 3 working days from the date of receipt of the seized documents from the authorized customs authority that conducted the customs examination, informs the person from whom such documents were seized about their return.
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
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
