On signing an Agreement on the procedure for individuals to move goods for personal use across the Customs border of the Customs Union and perform Customs operations related to their Release

Decree of the President of the Republic of Kazakhstan dated June 17, 2010 No. 1005

  In accordance with article 8 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"

I DECREE:    

1. To approve the attached draft Agreement on the procedure for individuals to move goods for personal use across the customs border of the Customs Union and perform customs operations related to their release.    

2. First Deputy Prime Minister of the Republic of Kazakhstan Umirzak Shukeyev should sign, on behalf of the Republic of Kazakhstan, an Agreement on the procedure for individuals to move goods for personal use across the customs border of the Customs Union and perform customs operations related to their release, with the right to make amendments and additions to it that are not fundamental.    

3. This Decree shall enter into force from the date of signing.

    President of the Republic of Kazakhstan N. Nazarbayev

APPROVED        

By Decree of the President of the Republic of Kazakhstan dated June 17, 2010 No. 1005

                                                              Project

agreement

on the procedure for the movement of goods for personal use by individuals across the customs border of the Customs Union and the completion of customs operations related to their release

     The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties, based on the provisions of The Agreement on the Creation of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007 and the Agreement on the Customs Code of the Customs Union of November 27, 2009, guided by generally recognized principles and norms of international law, agreed on the following:

I. General provisions

Article 1 Procedure for the movement of goods for personal use by individuals

     1. This Agreement defines the procedure for individuals to move goods for personal use, including vehicles, across the customs border of the Customs Union (hereinafter referred to as the customs border) and perform customs operations related to their release.      The procedure for the movement of goods for personal use by individuals across the customs border determines: criteria for classifying goods as goods for personal use; cost, quantity and weight norms for the movement of goods for personal use with exemption from customs duties;      cases of exemption from customs duties of certain categories of goods for personal use; the procedure for the application of customs duties and taxes in respect of goods for personal use.      2. Legal relations arising in connection with the movement of goods for personal use by individuals across the customs border, which are not regulated by this Agreement, are determined by the customs legislation of the Customs Union and (or) the legislation of a member state of the Customs Union.      3. The customs legislation of the Customs Union defines: the procedure for individuals to move cash (money) and (or) monetary instruments across the customs border;      peculiarities of movement across the customs border of goods for personal use exported from the territory of the Kaliningrad region of the Russian Federation and imported into the rest of the customs territory of the Customs Union, including through the territory of a state that is not a member of the Customs Union, as well as exported from the rest of the customs territory and imported into the territory of the Kaliningrad Region of the Russian Federation.

Article 2 Terms used in this Agreement

     1. For the purposes of this Agreement, the following terms and definitions are used: 1) motor vehicles: passenger cars and other motor vehicles intended primarily for the transportation of people, classified in heading 8703 of the Unified Commodity Nomenclature for Foreign Economic Activity of the Customs Union (hereinafter referred to as HS CU), with the exception of those specified in the third paragraph of this subparagraph (hereinafter referred to as cars);      ATVs, snowmobiles and other passenger vehicles classified in heading 8703 of the Customs Code of the Customs Union, not intended for use on public roads; motorcycles, mopeds, scooters classified in heading 8711 of the Customs Code of the Customs Union; motor vehicles for the carriage of not more than 12 people, including the driver, classified in heading 8702 HS, motor vehicles for the carriage of goods with a gross weight of up to 5 tons, classified in headings 8704 21 and 8704 31 HS;      2) the date of arrival (resettlement) of an individual for permanent residence in a member state of the Customs Union is the date of issuance of a document confirming the status of a refugee, internally displaced person, or recognition of the person as having arrived (resettled) for permanent residence in a member state of the Customs Union in accordance with the legislation of that state.;      3) seafood - crustaceans classified in heading 0306 of the Customs Code of the Customs Union, with the exception of lobsters classified in heading 0306 21 000 0 of the Customs Code of the Customs Union, lobsters classified in heading 0306 22 of the Customs Code of the Customs Union, shrimps classified in heading 0306 23 of the Customs Code of the Customs Union;      4) indivisible goods for personal use - goods for personal use weighing more than 35 kilograms, consisting of one unit or one set of goods, including those transported in disassembled, unassembled, incomplete or incomplete form, provided that the goods have the basic properties of assembled, complete or completed goods. Completeness can be determined on the basis of information provided by the manufacturer, seller or sender of the goods on labels, in product passports, warranty cards, packing lists, and other documents, as well as based on the generally accepted (traditional) use of such goods or kits that meet their functional purpose.;      5) the double corridor system is a simplified customs control system that allows individuals to declare goods in writing when moving across the customs border by choosing between two corridors - "green" and "red" for customs operations; 6) customs duties and taxes levied at a single rate - the total amount of customs duties, taxes calculated in respect of goods transported by an individual for personal use, without division into constituent customs duties, taxes;      7) used goods - goods with visible signs of wear, washing, exploitation; 8) family members - spouse and spouse in a registered marriage, parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren and disabled dependents.      2. Other terms used in this Agreement are applied in the meanings established by the customs legislation of the Customs Union and (or) the legislation of the member states of the Customs Union.

Article 3 Criteria for classifying goods transported across the customs border as goods for personal use

     1. The classification of goods transported by individuals across the customs border as goods for personal use is carried out by the customs authority using a risk management system based on: an individual's statement about the goods being transported (in oral or written form using a passenger customs declaration) in the cases established by this Agreement; the nature and quantity of goods; the frequency of crossing of an individual and (or) their movement of goods across the customs border.      2. The goods specified in Annex 1 to this Agreement, regardless of the criteria specified in paragraph 1 of this article, do not relate to goods for personal use.      3. The provisions of this Agreement shall not apply to goods not classified in accordance with paragraphs 1 and 2 of this Article as goods for personal use.      4. If goods imported for the purpose of their use in business activities are declared and released under the guise of goods for personal use, such goods are considered to have been illegally transported across the customs border, and the norms of the Customs Code of the Customs Union (hereinafter referred to as the Code) apply to such goods after their release, without taking into account the specifics established by Chapter 49 of the Code and the provisions this Agreement.

Article 4application of prohibitions and restrictions on goods for personal use

1. When goods for personal use are imported into and/or exported from the customs territory of the Customs Union, the prohibitions and restrictions specified in Appendix 2 to this Agreement shall apply.      International treaties of the member States of the Customs Union, decisions of the Commission of the Customs Union and (or) regulatory legal acts of the member States of the Customs Union issued in accordance with international treaties of the member States of the Customs Union may establish other prohibitions and restrictions on goods for personal use.      2. The movement of goods for personal use across the customs border that are restricted for import and (or) export, with the exception of those specified in paragraph 3 of this Article, is permitted upon presentation to the customs authority of documents confirming compliance with restrictions issued by authorized bodies of a member state of the Customs Union in accordance with the customs legislation of the Customs Union.      3. Non-tariff and technical regulation measures are not applied to goods for personal use transported across the customs border.      4. The release of goods for personal use subject to phytosanitary, veterinary and other types of state control in accordance with international treaties of the member States of the Customs Union is carried out after the relevant types of control.

Article 5 Goods for personal use under customs control

     1. Goods for personal use imported into the customs territory of the Customs Union and subject to customs declaration (hereinafter referred to as declaration) in accordance with the Code and this Agreement are under customs control from the moment of crossing the customs border until: 1) their release for the purpose of circulation in the customs territory of the Customs Union without restrictions on use and disposal (hereinafter referred to as - free circulation);      2) payment of the amounts of customs duties and taxes due in respect of goods, the release of which for personal use in the customs territory of the Customs Union was carried out in the presence of restrictions on the use and (or) disposal of goods for personal use, established in connection with the use of benefits in respect of them for the payment of customs duties and taxes; 3) premises under customs procedures for refusal in favor of the state or destruction in accordance with the Code; 4) actual export from the customs territory of the Customs Union;      5) transfer to the property of a member state of the Customs Union in accordance with the legislation of that state; 6) destruction (irretrievable loss) due to an accident or force majeure, or as a result of natural loss under normal conditions of transportation (transportation) and storage.      2. Goods for personal use exported from the customs territory of the Customs Union and subject to customs declaration in accordance with the Code and this Agreement are under customs control from the moment of registration of the passenger customs declaration until they cross the customs border.      Goods for personal use exported from the customs territory of the Customs Union and not subject to customs declaration in accordance with this Agreement are under customs control from the moment of performing actions directly aimed at exporting goods for personal use until they cross the customs border.      3. The goods for personal use specified in paragraph 2 of this Article acquire the status of not being under customs control before they cross the customs border in the following cases: becoming the property of a member state of the Customs Union in accordance with the legislation of that state; destruction (irretrievable loss) due to an accident or force majeure, or as a result of natural loss during under normal conditions of transportation and storage.      4. Goods for personal use, in respect of which declaration may not be carried out in accordance with this Agreement, are not exempt from customs control, unless otherwise established by the customs legislation of the Customs Union and (or) the legislation of the member States of the Customs Union.

Article 6The movement of goods for personal use using a double corridor system

     1. A double corridor system may be used at the places of arrival in or departure from the customs territory of the Customs Union (hereinafter referred to as the places of arrival or departure).      A "green" corridor is a place specially designated at the points of arrival or departure, intended for individuals to move goods for personal use that are not subject to customs declaration across the customs border in accompanied baggage, while such persons do not have unaccompanied baggage.      The "red" corridor is a place specially designated at the points of arrival or departure, intended for individuals to move goods subject to customs declaration across the customs border in accompanied baggage, as well as goods for which declaration is carried out at the request of an individual.      2. The list of places of arrival or departure where the dual corridor system is used, as well as the procedure for forming such a list, is determined by the authorized body of the member state of the Customs Union, namely, the State Customs Committee of the Republic of Belarus on the Belarusian side, the Ministry of Finance of the Republic of Kazakhstan on the Kazakh side, and the Federal Customs Service on the Russian side.      3. The double corridor system may not be used in the halls of officials and delegations organized at the places of arrival or departure.      4. The non-application of certain forms of customs control in the "green" corridor does not mean that individuals are exempt from the obligation to comply with the requirements of the customs legislation of the Customs Union and (or) the legislation of a member State of the Customs Union.      5. Taking into account the operational situation prevailing at the places of arrival or departure, in exceptional cases, by decision of the customs authority, the "green" corridor may be temporarily closed to individuals moving goods for personal use across the customs border.

II. Customs operations performed with goods for personal use

Article 7 Completion of customs operations in respect of goods for personal use

     1. Customs operations with respect to goods for personal use are carried out depending on the methods of transportation at the places of arrival or departure or at the customs authority of a member state of the Customs Union in whose territory an individual who has the right to act as a declarant of such goods permanently (or temporarily) resides.      2. At the places of arrival or departure, as well as at the customs authority of a member state of the Customs Union in whose territory an individual who has the right to act as a declarant of such goods permanently (or temporarily) resides, customs operations may be carried out with respect to goods for personal use related to declaration, release for personal use without placement under customs procedures (except for the customs procedure of customs transit) in accordance with the procedure established by this Agreement.      3. At the request of the person transporting goods for personal use, customs operations may be carried out with respect to such goods related to their temporary storage; placement under customs procedures in accordance with the Code; export from the customs territory of the Customs Union, if they did not leave the place of arrival.      4. At the points of arrival, goods for personal use imported in accompanied baggage may be placed under the customs procedure of customs transit in accordance with the procedure and under the conditions established by Article 9 of this Agreement.      5. When individuals move goods for personal use, the customs authorities provide these persons with the opportunity to perform customs operations without leaving their vehicles, except in cases where this is necessary to comply with the customs legislation of the Customs Union.      6. If individuals fail to perform customs operations with respect to goods for personal use provided for in this article, or if they cannot be released, these goods are subject to detention in accordance with Chapter 21 of the Code.      7. The procedure for customs operations with respect to goods for personal use transported by individuals across the customs border and the recognition of such goods as not under customs control are determined by a decision of the Customs Union Commission.      8. Customs control of goods for personal use transported across the customs border is carried out in accordance with the Code.      9. The specifics of customs operations in respect of goods for personal use of an individual arriving (resettling) for permanent residence in a member State of the Customs Union, a refugee, or an internally displaced person are determined by a decision of the Customs Union Commission.      10. The specifics of customs operations in respect of goods for personal use sent by international mail are determined by the customs legislation of the Customs Union.

Article 8 Declaration of goods for personal use

1. The declaration of goods for personal use is carried out by individuals when they cross the customs border at the same time as the goods are provided to the customs authority.      The declaration of goods for personal use, with the exception of those sent in international mail and placed under the customs procedure of customs transit, is made in writing using a passenger customs declaration.      The form of the passenger customs declaration, the procedure for its completion, filing and registration are determined by the decisions of the Customs Union Commission.      An individual has the right, at his own request, to declare goods for personal use that are not subject to customs declaration in writing using a passenger customs declaration.      2. The following are subject to customs declaration in writing: 1) goods for personal use transported in unaccompanied baggage or delivered by the carrier to an individual; 2) goods for personal use transported in any way subject to prohibitions and restrictions, except for non-tariff and technical regulation measures.;      3) goods for personal use transported in any way, including temporarily imported ones, the value and (or) quantity of which exceeds the norms for the movement of such goods with exemption from customs duties; 4) vehicles for personal use transported in any way, with the exception of vehicles for personal use registered in the territory of the states-members of the customs Union temporarily exported from the customs territory of the Customs Union and imported back into such territory;      5) cash and (or) monetary instruments transported by individuals across the customs border, in cases established by the customs legislation of the Customs Union; 6) cultural property; 7) goods for personal use imported in accompanied baggage, if the individual moving them has unaccompanied baggage; 8) goods for personal use specified in paragraphs 3 to 10 of section I of Annex 3 to this Agreement.      3. The declaration of goods for personal use is carried out by the declarant or a customs representative acting on behalf of and on behalf of the declarant.      The declaration of goods for personal use of an individual under the age of sixteen is made by a person accompanying him (one of the parents, adoptive parent, guardian or trustee of this person, another accompanying person or a representative of the carrier in the absence of accompanying persons, and in the case of an organized departure (entry) of a group of minors unaccompanied by parents, adoptive parents, guardians or the trustees, other persons - the head of the group or the representative of the carrier).      The declarant may be an individual of a member state of the Customs Union or a foreign individual: who, at the time of crossing the customs border, has the right to own, use and (or) dispose of goods for personal use transported in accompanied baggage; who has transferred (transferred) goods for personal use, including vehicles transported in unaccompanied baggage, to the carrier for their actual movement across the customs border;      acting as a sender of goods for personal use sent in international mail; to whose address goods for personal use, including vehicles, were received as goods delivered by the carrier, or who sends such goods outside the customs territory of the Customs Union; following on a vehicle for personal use transported across the customs border, owned by him on the right of ownership, use and (or) disposal;      who has acquired the right to own, use and (or) dispose of a vehicle for personal use located in the customs territory of the Customs Union under customs control, by court decision or inheritance right; who has the right to own, use and (or) dispose of a vehicle for personal use located in the customs territory of the Customs Union under customs control. under control;      having the right to move goods for personal use with exemption from customs duties in the cases provided for in Annex 3 to this Agreement.      4. In case of customs declaration of transported goods for personal use in writing, the declarant must: 1) submit to the customs authority the documents on the basis of which the customs declaration was completed, including those confirming payment of customs duties or securing payment of customs duties and taxes; 2) present the declared goods at the request of an official of the customs authority;      3) pay the customs duties due or ensure payment of customs duties and taxes in the cases established by the Code and (or) this Agreement; 4) comply with other requirements stipulated by the customs legislation of the Customs Union.      5. When moving coffins with bodies (remains) and urns with ashes of the deceased across the customs border, declaration is carried out by submitting an application in any form by the person accompanying the coffin with the body (remains) or urn with ashes of the deceased, with the presentation of the documents specified in parts two and three of this paragraph.      When coffins with the bodies (remains) of the deceased and urns with ashes (ashes) are exported from the customs territory of the Customs Union, the following documents shall be submitted: 1) a death certificate issued by the civil registration departments in accordance with the procedure established for civil registration in the member states of the Customs Union, or a medical death certificate, or notarized copies of the specified documents; 2) an arbitrary opinion of the local state sanitary supervision authorities on the possibility of exhumation in case of reburial;      3) an act (certificate) of any form of a specialized organization that performed funeral services for sealing zinc coffins, indicating that there are no extraneous attachments in them, with an inventory of the deceased's belongings and valuables attached if they are sent along with the body (remains) of the deceased.      When urns with ashes (ashes) and coffins with bodies (remains) of the deceased are imported into the customs territory of the Customs Union, the following documents are submitted: 1) a death certificate issued by an authorized institution of the country of departure, or a medical death certificate or copies of these documents; 2) an act (certificate) of any form of the organization that performed funeral services by sealing zinc coffins, indicating that there are no extraneous attachments in them, with an inventory of the deceased's belongings and valuables attached if they are sent along with the body (remains) of the deceased.

Article 9The placement of goods for personal use under the customs procedure of customs transit

     1. The following goods for personal use, transported in accompanied baggage, may be placed under the customs procedure of customs transit: vehicles for personal use that are not registered in the customs territory of the Customs Union and the territory of a foreign state;      goods for personal use, in respect of which exemption from customs duties is granted in accordance with paragraphs 3 to 10 of section I of Annex 3 to this Agreement when they are moved from the place of arrival to the customs authority in whose region of operation the individual permanently or temporarily resides.      The procedure and conditions for placing goods for personal use under the customs procedure of customs transit are determined by the customs legislation of the Customs Union and this Agreement.      2. When placing goods for personal use under the customs procedure of customs transit, an individual submits a transit declaration to the customs authority and provides security for the payment of customs duties and taxes, unless otherwise specified by this Agreement.      3. When transporting goods for personal use in accordance with the customs procedure of customs transit, an individual acting as a declarant bears the same obligations as the carrier in accordance with the customs legislation of the Customs Union.

Article 10The release of goods for personal use

1. Customs operations related to the release of goods for personal use are performed in respect of: goods for personal use (with the exception of vehicles) transported by individuals in accompanied baggage - at the places of arrival or departure or at the customs authority in whose region of operation the individual permanently or temporarily resides;      goods for personal use (with the exception of vehicles) transported by individuals in unaccompanied baggage or as goods delivered by a carrier - at the places of arrival or departure, which are international sea (river) ports, airports or equivalent to them in accordance with the legislation of the member states of the Customs Union, or at the customs authority of destination (place of delivery) located on the territory of a member state of the Customs Union where an individual permanently or temporarily resides, or at the customs authority of departure;      vehicles for personal use registered in the territory of a foreign state and transported by individuals following them - at the places of arrival or departure or at the customs authority in whose region of activity the individual permanently or temporarily resides.;      vehicles for personal use registered in the territory of a foreign state, transported by individuals in unaccompanied baggage or as goods delivered by a carrier - at the places of arrival or departure, which are international sea (river) ports, airports or equivalent to them in accordance with the legislation of the member states of the Customs Union, or at the customs authority destination (place of delivery), or the customs authority of departure;      vehicles for personal use that are not registered in the territory of a foreign state and the customs territory of the customs Union, transported by individuals following them, - at the places of arrival in the territory of the member State where the individual permanently or temporarily resides, or at the customs authority in whose region of operation the individual permanently or temporarily resides, or in places of departure;      vehicles for personal use that are not registered in the territory of a foreign state and the customs territory of the Customs union, transported by individuals in unaccompanied baggage or as goods delivered by a carrier, - at the places of arrival or departure, which are international sea (river) ports, airports or equivalent to them in accordance with the legislation of the member States of the Customs Union, or at the customs authority of destination (place of delivery) located on the territory of the member State of the Customs Union, where an individual permanently or temporarily resides, or at the customs authority departures;      goods for personal use (with the exception of vehicles) transported in accompanied baggage, which are exempt from customs duties in accordance with the procedure and under the conditions established by paragraphs 3 to 10 of Section I of Annex 3 to this Agreement: 1) at the customs authority in whose region of operation the individual moving the goods permanently or temporarily resides;      2) at the places of arrival or departure - provided that the customs authority of one member state of the Customs Union confirms to the customs authority of another member state of the Customs Union that the individual has fulfilled the conditions for exemption from customs duties.      2. The release of goods for personal use or the refusal of such release is carried out in the following terms: immediately after customs control when moving goods for personal use in accompanied baggage, except in cases where the release of these goods is impossible for reasons beyond the control of the customs authority at the places of arrival or departure.;      no later than one business day following the day of registration of the passenger customs declaration with the customs authority in whose region of operation the individual permanently or temporarily resides, or another customs authority in accordance with the provisions of this Agreement.      The extension of the period of release of goods for personal use is carried out in accordance with the procedure provided for by the Code.

Article 11 Restrictions on the use of goods for personal use after their release

     1. The vehicles for personal use specified in paragraphs 22 and 23 of section V of Annex 3 to this Agreement may be used in the customs territory of the Customs Union by individuals who imported them.      2. The transfer of the right to use and (or) dispose of such vehicles for personal use to other persons is allowed only: subject to their customs declaration and payment of customs duties and taxes at the rates provided for in paragraphs 10-12 of section IV of Annex 5 to this Agreement for the release of goods for personal use into free circulation, unless other uniform rates are established in accordance with the international agreement of the member states of the Customs Union. The release of such vehicles into free circulation is carried out in the customs authority in the region of which the individual permanently or temporarily resides, to whom the rights of use and (or) disposal are transferred; for the export of vehicles outside the specified territory with the permission of the customs authority in accordance with the legislation of the member state of the Customs Union, if such export is not It may be carried out by the declarant due to death, serious illness of the individual who carried out the importation, or other objective reason.      3. Prior to the expiration of the period of temporary importation, the vehicles specified in paragraph 1 of this Article shall be subject to customs declaration by the customs authority for the purpose of release into free circulation, for the purpose of re-export or placement under the customs procedures established by the Code.      An individual shall be released from the obligation to declare vehicles provided for in part one of this paragraph if the circumstances provided for in subparagraphs 5) and 6) of paragraph 1 of Article 5 of this Agreement have occurred in respect of these vehicles before the expiration of the period for temporary import of such vehicles, and evidence of the occurrence of such circumstances has been provided to the customs authority.

III. Customs payments

Article 12 Payment of customs duties in respect of goods for personal use

     1. Customs duties shall not be paid in respect of goods for personal use transported across the customs border specified in Annexes 3 and 4 to this Agreement.      2. Customs duties and taxes shall be paid in respect of goods for personal use transported across the customs border specified in Annex 5 to this Agreement in the amounts provided for in this annex, except for the case when another international agreement of the member States of the Customs Union grants these States the right to establish other uniform rates of customs duties and taxes.      3. For the purposes of calculating customs duties and taxes, the time of release and engine capacity of motor vehicles shall be determined in accordance with the procedure established by Annex 6 to this Agreement.

Article 13The occurrence and termination of obligations to pay customs duties and taxes in respect of goods for personal use, with the exception of vehicles

1. The declarant shall have the obligation to pay customs duties and taxes calculated in accordance with this Agreement in respect of goods for personal use subject to customs declaration in writing, transported across the customs border in accompanied and unaccompanied baggage, as well as as goods delivered by the carrier, upon registration by the customs authority of the passenger customs declaration.      2. The obligation to pay customs duties and taxes in respect of goods for personal use subject to customs declaration in writing, transported across the customs border in accompanied and unaccompanied baggage, as well as as goods delivered by the carrier, is terminated by the declarant: 1) if the customs authority refuses to release goods for personal use in respect of the obligation to payment of customs duties and taxes incurred during the registration of the customs declaration by the customs authority;      2) upon payment or collection in full of customs duties and taxes calculated at the rates established by this Agreement for the release of goods for personal use into free circulation; 3) upon the circulation of goods for personal use into the ownership of a member state of the Customs Union in accordance with the legislation of that state; 4) upon the placement of goods for personal use use in accordance with the established procedure under customs procedures of destruction or refusal in favor of the state;      5) in case of destruction (irretrievable loss) of goods for personal use as a result of an accident or force majeure or as a result of natural loss under normal conditions of transportation (transportation) and (or) storage; 6) in case of foreclosure on goods for personal use, including at the expense of the cost of goods for personal use, in accordance with in accordance with the legislation of the member state of the Customs Union; 7) when releasing goods for personal use into free circulation with exemption from customs duties in accordance with this Agreement;      8) if the amount of the unpaid amount of customs duties and taxes does not exceed the amount equivalent to two euros at the exchange rate established in accordance with the legislation of the member state of the Customs Union in whose territory the obligation to pay customs duties and taxes arose, effective at the time of the obligation to pay customs duties and taxes;      9) when recognizing the amounts of customs duties and taxes as uncollectible and writing them off in accordance with the procedure and on the grounds provided for by the legislation of the member state of the Customs Union, the customs authority of which collected these amounts; 10) in connection with the death of the declarant or declaring him deceased in accordance with the legislation of the member state of the Customs Union.      3. Customs duties and taxes are payable before the release of goods for personal use into free circulation.      4. Customs duties and taxes in respect of goods for personal use are calculated at the rates established by sections I - III of Annex 5 to this Agreement.      5. The release of goods for personal use carried in accompanied baggage is carried out by the customs authorities before the amounts of customs duties and taxes paid in respect of goods for personal use are credited to the relevant accounts.      6. Payment of customs duties in respect of goods for personal use may be made by wire transfer or in cash in accordance with the legislation of a member State of the Customs Union.

Article 14The occurrence and termination of obligations to pay customs duties and taxes in relation to vehicles for personal use

1. The obligation to pay customs duties in respect of vehicles for personal use: 1) arises for the declarant - from the moment of registration by the customs authority of the passenger customs declaration submitted for release into free circulation; 2) is terminated by the declarant in the cases established by paragraph 2 of Article 13 of this Agreement.      2. Import customs duties and taxes are payable before vehicles are released into free circulation for personal use.      3. Import customs duties and taxes are calculated at the rates established by Section IV of Annex 5 to this Agreement.      4. The obligation to pay customs duties and taxes in respect of vehicles for personal use registered in the territory of a foreign state, moved across the customs border by individuals arises from: declarant - from the moment of registration by the customs authority of the passenger customs declaration submitted for release for the purpose of temporary stay;      the person to whom the vehicle has been transferred for its export in accordance with the procedure established by paragraph 2 of Article 11 of this Agreement - from the date of issuance by the customs authority of a permit for such transfer.      5. The obligation to pay customs duties and taxes in respect of vehicles for personal use registered in the territory of a foreign state and moved across the customs border by individuals is terminated by: 1) the declarant: from the moment of export of vehicles temporarily imported into the customs territory of the Customs Union and exported before the expiration of the temporary import period established by the customs authority, except for cases when the deadline for payment of customs duties and taxes has arrived before the end of the temporary import period;      if the vehicle is transferred by the declarant to a person for the purpose of exporting the vehicle in accordance with the procedure established by paragraph 2 of Article 11 of this Agreement - from the date of issuance by the customs authority of permission for such transfer, except in cases when the deadline for payment of customs duties and taxes has come before the issuance of such permission.;      2) the person to whom the vehicle has been transferred for its export in accordance with the procedure established by paragraph 2 of Article 11 of this Agreement — from the moment of export of vehicles temporarily imported into the customs territory of the Customs Union and exported before the expiration of the period of temporary import established by the customs authority, except for cases when the deadline for payment has arrived before the end of the period of temporary import customs duties and taxes; 3) persons specified in this paragraph - in the cases specified in paragraph 2 of Article 13 of this Agreement.      6. The deadline for payment of customs duties and taxes in respect of temporarily imported vehicles is considered to be: 1) when transferring temporarily imported vehicles to other persons without the permission of the customs authority — the day of transfer, and if this day is not fixed - the day of registration by the customs authority of the passenger customs declaration submitted for release for personal use for the purpose of temporary stay;      2) in case of loss of temporarily imported vehicles during the period of their temporary importation established by the customs authority, with the exception of destruction (irretrievable loss) due to an accident or force majeure or as a result of natural loss under normal conditions of transportation (transportation) and storage - the day of loss of goods, and if this day is not fixed - the day of registration by the customs authority of the passenger customs declaration submitted for release for personal use for the purpose of temporary stay;      3) in case of non-export of vehicles temporarily imported into the customs territory of the Customs Union before the expiration of the period of temporary importation established by the customs authority - the date of expiration of their temporary importation.      7. Import customs duties and taxes, in the cases established by paragraph 6 of this Article, shall be payable in amounts corresponding to the amounts of customs duties and taxes that would be payable if they were released for personal use into free circulation, calculated on the day of registration by the customs authority of the passenger customs declaration, according to which the vehicles were released for for personal use for the purpose of temporary stay in the customs territory of the Customs Union.      8. Prior to the expiration of the period of temporary importation established by the customs authority, vehicles for personal use may be declared for release into free circulation.      In the case established by the first part of this paragraph, customs duties and taxes shall be payable in amounts corresponding to the amounts of customs duties and taxes that would be payable upon the release of vehicles for personal use into free circulation, calculated on the day of registration by the customs authority of the passenger customs declaration, according to which the vehicles were released for personal use. for the purpose of temporary stay in the customs territory of the Customs Union.      In the case of the release of vehicles for personal use into free circulation after the expiration of the temporary import period established by the customs authority, such release shall be carried out by the customs authority after payment (collection) of customs duties and taxes calculated in accordance with part two of this paragraph.      In case of payment of customs duties and taxes in respect of temporarily imported vehicles for personal use in order to recognize them as not under customs control in accordance with paragraph three of subparagraph 2 of paragraph 1 of Article 5 of this Agreement, customs duties and taxes shall be calculated in accordance with part two of this paragraph.      The total amount of customs duties and taxes payable in respect of a vehicle for personal use declared for free circulation before the expiration of the temporary import period established by the customs authority, if such a vehicle has been recognized as not being under customs control in accordance with the third paragraph of subparagraph 2 of paragraph 1 of Article 5 of this Agreement, shall not exceed the amount of customs duties and taxes payable in respect of a vehicle for personal use declared for free circulation before the expiration of the temporary import period established by the customs authority, if such a vehicle has been recognized as not being under customs control in accordance with the third paragraph of subparagraph 2 of paragraph 1 of Article 5 of this Agreement. duties and taxes that would be payable in accordance with part two of this paragraph.      The total amount of customs duties and taxes payable in respect of a vehicle for personal use declared for free circulation after the expiration of the temporary import period established by the customs authority shall not exceed the amount of customs duties and taxes that would be payable in accordance with part two of this paragraph.      9. Payment of customs duties in respect of vehicles for personal use may be made by wire transfer or in cash in accordance with the legislation of a member State of the Customs Union.

Article 15The occurrence and termination of obligations to pay customs duties and taxes in respect of goods for personal use placed under the customs procedure of customs transit

     1. The declarant's obligation to pay import customs duties and taxes in respect of goods for personal use placed under the customs procedure of customs transit arises from the moment of registration of the transit declaration by the customs authority.      2. The obligation to pay import customs duties and taxes in respect of goods for personal use placed (placed) under the customs procedure of customs transit is terminated by the declarant: 1) upon completion of the customs procedure of customs transit in accordance with paragraph 6 of Article 225 of the Code, except for the case when during the operation of this procedure the deadline for payment of import duties has arrived. customs duties and taxes; 2) in the cases established by paragraph 2 of Article 13 of this Agreement.      3. In case of non-delivery of foreign goods to the place of delivery established by the customs authority, the deadline for payment of import customs duties and taxes shall be: 1) if the non-delivery of foreign goods occurred due to the transfer of goods by the carrier to the recipient or another person without the permission of the customs authority, the day of such transfer, and if this day is not established, the day of registration by the customs authority of the transit declaration;      2) if non-delivery of goods for personal use has occurred due to loss of goods, with the exception of destruction (irretrievable loss) due to an accident or force majeure, or as a result of natural loss under normal conditions of transportation (transportation) and storage, the day of such loss, and if this day is not fixed, the day of registration by the customs authority 3) if non-delivery of goods for personal use has occurred for other reasons, the day of registration of the transit declaration by the customs authority.      4. Import customs duties and taxes shall be payable in amounts corresponding to the amounts of import customs duties and taxes that would be payable upon the release of goods for personal use into free circulation in accordance with this Agreement, calculated on the date of registration by the customs authority of the transit declaration.      5. Upon termination in accordance with subparagraph 1) obligations to pay import customs duties and taxes paid or collected in accordance with paragraphs 3 and 4 of this Article, import customs duties and taxes are subject to refund (offset) in accordance with the procedure established by the Code.

Article 16 Ensuring payment of customs duties and taxes

1. Security for the payment of customs duties and taxes in respect of goods for personal use shall be provided to the customs authority when: goods, as well as vehicles for personal use, not registered in the customs territory of the Customs Union and the territory of a foreign state, are placed under the customs procedure of customs transit, unless otherwise specified by this Agreement;      temporary importation by individuals of the member states of the Customs Union into the customs territory of the Customs Union of vehicles registered in the territory of foreign states; in other cases established by the customs legislation of the Customs Union.      2. Payment of import customs duties and taxes in respect of goods for personal use is ensured by the methods established by the Code and (or) the legislation of a member state of the Customs Union in the following amounts: 1) in respect of automobiles, in the amount corresponding to the amount of customs duties and taxes that would be payable if automobiles were released into free circulation., unless other amounts are established in accordance with the customs legislation of the Customs Union or international treaties of the member States of the Customs Union;      2) in respect of goods for personal use, including vehicles, with the exception of automobiles, in the amount corresponding to the amount of customs duties and taxes that would be payable upon the release of goods into free circulation.      3. Payment of customs duties and taxes is not provided in the cases established by the Code.      4. When transporting goods for personal use in accordance with the customs procedure of customs transit, the customs authority to which payment of customs duties and taxes is provided, as well as the procedure for mutual recognition of payment of customs duties and taxes, are determined in accordance with the Code.      5. In the event that the payment of customs duties and taxes in respect of vehicles for personal use is provided in cash (money), the payment of customs duties and taxes may be provided by wire transfer or in cash (money) in accordance with the legislation of the member state of the Customs Union.

Article 17 Transitional provisions

     1. Cars imported into the territory of the Republic of Belarus or the Republic of Kazakhstan from third countries after January 1, 2010, in respect of which customs duties and taxes have been paid at rates different from those set out in Annex 5 to this Agreement, are recognized in the Russian Federation as foreign goods: before payment of customs duties and taxes in the amount of the difference in the amounts of customs duties paid. duties, taxes and amounts of customs duties and taxes payable at the rates specified in Annex 5 to this Agreement, or before January 1, 2013.      The first part of this paragraph does not apply to vehicles imported after January 1, 2010, in respect of which customs duties have been paid at the rates established by the Unified Customs Tariff of the Customs Union.      2. The difference between the amounts of customs duties and taxes paid in respect of cars imported into the territory of the Russian Federation, imported into the territory of the Republic of Belarus or the Republic of Kazakhstan after January 1, 2010, and the amounts of customs duties and taxes payable at the rates specified in Annex 5 to this Agreement, may be paid respectively to the budget of the Republic of Belarus or Of the Republic of Kazakhstan before importation into the territory of the Russian Federation.      3. In respect of the vehicles specified in paragraph 1 of this Article, when they are imported into the territory of the Russian Federation, customs control is carried out, and if necessary, customs duties are paid, customs operations are performed in accordance with the procedure established by the legislation of the Russian Federation, taking into account paragraphs 3 to 5 of this Article.      4. If the customs duties and taxes in respect of vehicles specified in paragraph 1 of this Article have not been paid to the budget of the Republic of Belarus or the Republic of Kazakhstan in the amount specified in paragraph two of the first part of paragraph 1 of this Article prior to importation into the territory of the Russian Federation, such customs duties and taxes shall be paid to the federal budget of the Russian Federation upon their customs declaration to the customs authority of the Russian Federation, which has checkpoints and/or crossing points on the Russian-Kazakh or Russian-Belarusian sections of the state border of the Russian Federation in its region of operation.      5. The cars specified in paragraph 1 of this Article, registered in the territory of the Republic of Belarus or the Republic of Kazakhstan, may be temporarily imported into the territory of the Russian Federation only by persons permanently residing in the Republic of Belarus or the Republic of Kazakhstan without payment of customs duties and taxes and without providing security for payment of customs duties and taxes. The import and use of such vehicles on the territory of the Russian Federation by other persons, as well as their alienation, transfer for use, disposal on the territory of the Russian Federation is allowed only on condition that they are declared in the customs authorities of the Russian Federation and customs duties and taxes are paid in accordance with paragraph 1 of this Article.      6. Additional conditions for the use and (or) disposal, as well as registration on the territory of the Russian Federation of the vehicles specified in paragraph 1 of this Article, before they acquire the status of goods of the Customs Union, as well as the procedure for such use and (or) disposal, and their registration are determined in accordance with the legislation of the Russian Federation.      7. The customs authorities of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation exchange information on cars imported and released into free circulation in the territory of the Republic of Belarus or the Republic of Kazakhstan after January 1, 2010, and the amount of customs duties and taxes paid in respect of such cars.      8. Goods for personal use, with the exception of vehicles specified in paragraph 1 of this Article, imported by individuals into the territory of a member State of the Customs Union prior to the entry into force of the Code, shall be considered goods of the Customs Union from the date of entry into force of the Code.      The vehicles specified in paragraph 1 of this Article, after January 1, 2013, shall be recognized in the Russian Federation as goods of the Customs Union, regardless of the fact of payment to the federal budget of the Russian Federation of customs duties and taxes in the amount of the difference between the amounts of customs duties and taxes paid and the amounts of customs duties and taxes payable at the rates specified in Appendix 5 to this Agreement.

Article 18 Status of annexes and procedure for making amendments

     The annexes to this Agreement are an integral part of it.      By agreement of the Parties, amendments may be made to this Agreement and its annexes, which are formalized in separate protocols.      In the event of a change in the central customs authority, the Party through diplomatic channels sends a notification to the depositary on the name and details of the central customs authority of the Party.      The Depositary shall, within two weeks from the date of notification, inform the Parties of the changes that have occurred.

Article 19 Dispute settlement

     Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement are resolved primarily through consultations and negotiations.      If the dispute is not resolved by the Parties through consultations and negotiations within six months from the date of the official written request for their holding sent by one of the Parties to the dispute to the other Party to the dispute, either Party may refer the dispute to the Court of the Eurasian Economic Community for consideration.      The Customs Union Commission provides assistance to the Parties in resolving the dispute before it is referred to the Court of the Eurasian Economic Community for consideration.

Article 20The procedure for entry into force of the Agreement

     This Agreement is subject to ratification and is temporarily applied from the date of entry into force. The Agreement on the Customs Code of the Customs Union dated November 27, 2009.      This Agreement shall enter into force on the date of receipt by the depositary of the last written notification through diplomatic channels that the Parties have completed the internal procedures necessary for the entry into force of this Agreement.

    Committed in the city ____________ "____" _________ 2010 year in one original copy in Russian.

    The original copy of this Agreement is kept at the Customs Union Commission, which will send each Party a certified copy of this Agreement.

    For For                        For the Republic of the Republic                Russian Belarus                  Kazakhstan                 The Federation

Appendix 1 to the Agreement on the Procedure for the Movement of Goods for Personal Use by Individuals across the Customs Border of the Customs Union and Customs Operations Related to their Release  

                         The list of goods not related to goods for personal use

Download

No. p / p

The name of the goods*

HS code of the Customs Union

1

Natural diamonds

7102

2

Exported goods, in respect of which export customs duties are established by the legislation of the member states of the Customs Union, with the exception of the following goods: fish, seafood (except caviar of sturgeon species) in the amount of not more than 5 kg;**

from 0301-0304, 0306

   caviar of sturgeon species weighing not more than 250 grams;

1604 30 100 0

   fuel contained in ordinary tanks of vehicles for personal use, as well as in an amount of not more than 10 liters, located in a separate container;

fuel contained in ordinary tanks of vehicles for personal use, as well as in an amount of not more than 10 liters, located in a separate container;

   exported precious metals and precious stones with a customs value of more than 25,000 US dollars in equivalent (the customs value of exported precious metals and precious stones does not include the value of previously imported natural persons into the customs Union, as well as temporarily exported precious metals and precious stones from the Customs Union)**

2710 11 410 0 -2710 11 590 0,2710 19 410 0 -2710 19 490 0

out of 71

3

Central heating boilers

8403 10

4

Internal combustion engines, with the exception of engines for watercraft

8407

5

Mowers (other than lawn mowers, parks or sports grounds), machines for harvesting hay, harvesting, machines or mechanisms for threshing, presses for packing piles of straw and hay; machines for cleaning, sorting or calibrating eggs, fruits or other agricultural products

8433 20 - 8433 90

6

Machines, mechanisms, equipment

8434 - 8442,8444 00 - 8449 00 0000, 8453 - 8466, 8468,8474-8480, 8486, 8514,8530, 8534 00, 8535,8545, 8548, 9024, 9027,9030, 9031

7.

Tanning salons

8543 70 510 1, 8543 70550 1

8.

Tractors; motor vehicles of special purpose, except those used for the transportation of goods and passengers; self-propelled industrial vehicles not equipped with lifting or unloading devices

8701, 8705, 8709

9.

Trailers for transportation of cars**

out of 8716 39

10.

Vessels, boats and floating structures, with the exception of yachts and other floating facilities for recreation and sports; rowboats and canoes

out of 89

11.

Medical equipment and facilities, with the exception of those that are not necessary for use en route or for medical reasons**

from 9018, 9019, 9022

12.

Equipment and equipment for darkrooms

9010

13.

Devices, equipment, and models designed for demonstration purposes

9023 00

14.

Medical, surgical, dental or veterinary furniture; hairdressing chairs and similar chairs,parts

9402

15.

Games powered by coins, banknotes, bank cards, tokens, or similar means of payment

9504 30

16.

Goods subject to export control in accordance with the legislation of a member State of the Customs Union

* goods are defined solely by their code in accordance with the Customs Code of the Customs Union, with the exception of goods marked with the symbol "**";** goods are defined by both their code and their name

Appendix 2 to the Agreement on the Procedure for the Movement of Goods for Personal Use by Individuals across the Customs Border of the Customs Union and Customs Operations related to their Release  

                               The list of goods for personal use prohibited or restricted for import into and/or export from the customs territory of the Customs Union

            I. The list of goods for personal use prohibited for import into and/or export from the customs territory of the Customs Union

Download

1.

When moving across the customs border in any way:

1.1.

information on printed, audiovisual and other media is prohibited for import into the customs territory of the Customs Union, export from the customs territory of the Customs Union and transit through the customs territory of the Customs Union

1.2.

service and civilian weapons, their main parts, and ammunition prohibited for import into the customs territory of the Customs Union, export from the customs territory of the Customs Union, and transit through the customs territory of the customs Union

1.3.

hazardous waste prohibited upon import and/or restricted to movement across the customs border upon import and/or export

1.4.

special technical means intended for the secret receipt of information, the import of which into the customs territory of the Customs Union and the export of the customs territory of the Customs Union is limited

1.5.

toxic substances that are not precursors of narcotic drugs and psychotropic substances, restricted to movement across the customs border

1.6.

narcotic drugs, psychotropic substances and their precursors, with the exception of limited quantities of narcotic drugs and psychotropic substances in the form of medicinal products for personal use for medical reasons in the presence of relevant documents, as well as precursors in volumes determined by the legislation of the member State of the Customs Union

1.7.

human organs and (or) tissues, blood and its components, restricted to movement across the customs border during import and (or) export

2.

When exporting by any means:

2.1.

waste and scrap of ferrous and non-ferrous metals included in the list of goods subject to quantitative restrictions on export and/or import

2.2.

unprocessed precious metals, scrap and waste of precious metals, ores and concentrates of precious metals and raw materials containing precious metals, the export of which from the customs territory of the Customs Union is limited

2.3.

mineral raw materials (natural unprocessed stones), restricted to movement across the customs border during export

2.4.

subsurface information restricted to movement across the customs borderreferences

2.5.

wild medicinal raw materials (plants, plant parts, seeds, fruits) restricted to movement across the customs border when exported in quantities exceeding three copies of one type of these goods

2.6.

wild live animals and individual wild plants restricted to movement across the customs border during export (with the exception of hunting and fishing trophies), in an amount exceeding three specimens of one type of these products

3.

When imported by any means:

3.1.

ozone-depleting substances prohibited for import into the customs territory of the Customs Union

3.2

plant protection products prohibited for import into the customs territory of the Customs Union, subject to Annexes A and B of the Stockholm Convention on Persistent Organic Pollutants, signed in Stockholm on May 22, 2001.

3.3.

implements of extraction (fishing) of aquatic biological resources prohibited for importation into the customs territory of the Customs Union

3.4.

ethyl alcohol and alcoholic beverages with a total volume of more than 5 liters per person who has reached the age of 18

3.5.

more than 200 cigarettes or 50 cigars or 250 grams of tobacco, or the specified products in a set with a total weight of more than 250 grams per person over the age of 18

4.

In international mail (in addition to paragraphs 1-3 of this section):

4.1.

alcoholic products, ethyl alcohol, beer

4.2.

all types of tobacco products and smoking mixtures

4.3.

any types of weapons (their parts), cartridges for them (their parts), are structurally similar to civilian and service weapons.

4.4.

radioactive materials

4.5.

cultural values

4.6.

goods subject to rapid deterioration

4.7.

live animals, except bees, leeches, and silkworms

4.8.

plants in any form and condition, plant seeds

4.9.

precious stones in any form and condition, natural diamonds, with the exception of jewelry

4.10.

narcotic drugs, psychotropic substances and their precursors, including as medicines

4.11.

ozone-depleting substances

4.12.

other goods prohibited for shipment in accordance with the acts of the World Post Union and the customs legislation of the Customs Union

           II. List of goods for personal use restricted for import into the customs territory of the Customs Union                Union and (or) export from this territory

Download

1.

When moving across the customs border in any way:

encryption (cryptographic) means, the import of which into the customs territory of the customs Union and export from the customs territory of the customs Union is restricted

2.

When moving across the customs border by any means other than international mail items:

2.1.

ozone-depleting substances restricted to movement across the customs border during import and export

2.2.

limited quantities of narcotic drugs and psychotropic substances in the form of medicinal products for personal use for medical reasons with the presence of relevant documents, as well as precursors in volumes determined by the legislation of the member State of the Customs Union

2.3.

service and civilian weapons, their main parts and ammunition, limited for import into the customs territory of the Customs Union, export from the customs territory of the Customs Union and transit through the customs territory of the Customs Union

3.

When imported by any means:

radio-electronic devices and (or) high-frequency devices for civil purposes, including embedded or included in other goods, restricted for import into the customs territory of the Customs Union

4.

When exporting by any means:

4.1.

collections and collectibles on mineralogy and paleontology, restricted to movement across the customs border during export

4.2.

species of wild fauna and flora subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, Restricted to Movement across the Customs Border during Export

4.3.

rare and endangered species of wild animals and wild plants, their parts and (or) derivatives included in the Red Books of the Republics of Belarus, the Republic of Kazakhstan and the Russian Federation, restricted to movement across the customs border during export

4.4.

documents of national archival funds, originals of archival documents, restricted to movement across the customs border during export

5.

For export by any means other than international mail:

cultural values

Appendix 3 to the Agreement on the Procedure for the Movement of Goods for Personal Use by Individuals across the Customs Border of the Customs Union and Customs Operations related to their Release    

                             Goods for personal use transported across the customs border, with exemption from customs duties

Download

No. p / p

Product category

Import standards

I. Goods for personal use, with the exception of vehicles, imported into the customs territory of the Customs Union in accompanied and unaccompanied baggage

I.

Goods for personal use (excluding ethyl alcohol)

the customs value of which does not exceed the equivalent of 1,500 euros, and the total weight of which does not exceed 50 kilograms

including: alcoholic beverages and beer

no more than 3 liters per individual over the age of 18

tobacco and tobacco products

200 cigarettes or 50 cigars (cigarillos) or 250 grams of tobacco, or the specified products in the assortment with a total weight of at least 250 grams, one individual over the age of 18 is included in the calculation

2.

Used goods for personal use in accordance with Appendix 4 to this Agreement,. temporarily imported by foreign physical persons into the customs territory of the customs union

regardless of their customs value and weight

3.

Goods for personal use, with the exception of orders, imported by diplomatic workers and administrative and technical staff sent to work in diplomatic missions or consular institutions of a member State of the Customs Union, as well as members of their family living with them: no more than once a calendar year during their stay abroad, subject to documentary confirmation by the relevant diplomatic mission, consular institution of a member State of the Customs Union. The purpose of staying in a foreign country is OK, provided for by the legislation of a member State of the Customs Union; in case of revocation in accordance with the established procedure and (or) return to a member state of the Customs Union in connection with the early termination of an employment agreement (contract), subject to documentary confirmation of the fact of such revocation and (or) return in accordance with the procedure provided for by the legislation of a member state of the Customs Union or imported by other persons on behalf and on behalf of the specified employees

Regardless of customs value and weight

4.

Goods for personal use, with the exception of orders, imported by individuals sent to work in a foreign state by government agencies (federal government agencies), whose period of stay outside the customs territory of the customs Union was at least 11 months, at least once a calendar year during their stay abroad, subject to documentary confirmation by the relevant state agency (federal government agency) of the period and The purpose of staying in a foreign state is in order, provided for by the law of a member State of the Customs Union, or imported by other persons on behalf of and on behalf of such persons into a member State of the Customs Union

Regardless of customs value and weight

5.

Goods for personal use, with the exception of orders, imported by individuals of a member State of the Customs Union who have temporarily resided abroad, if they are on consular registration at a foreign institution of a member State of the Customs Union for at least one year upon their return to a member State of the customs Union, subject to the presentation of documents issued by diplomatic missions or consular institutions of a member State of the Customs Union abroad,confirming the fact of being on such an account and returning to a member state of the Customs Union, in accordance with the procedure, provided for by the legislation of the member State of the Customs Union

the customs value of which does not exceed 5,000 euros

6.

Goods for personal use received by a physical person of a member State of the Customs Union as an inheritance outside the customs territory of the Customs Union (recognized as inherited property), subject to documentary confirmation of the fact of receiving such goods as an inheritance (recognition as inherited property) in accordance with the procedure provided for by the law of the member state of the Customs Union

Regardless of customs value and weight

7.

Goods for personal use imported back in an unchanged condition, except for changes due to natural wear or natural loss under normal conditions of transportation (transportation), storage and (or) use (operation), after their export outside the customs territory of the customs Union, subject to confirmation of their removal. The legislation of a member State of the customs union may establish a procedure for confirming such export.If a person cannot confirm the export of such goods, for the purposes of applying this paragraph, such goods are exempt from customs duties, provided that the customs value and total weight of the imported goods do not exceed the value and weight (quantitative) norms established by paragraph 1 of this section.

Regardless of customs value and weight

8.

Used goods for personal use imported by individuals recognized in accordance with the legislation of a member State of the Customs Union as refugees, internally displaced persons, and those arriving (resettling) in a member State of the Customs Union for permanent residence, provided that the following conditions are met at the same time: import of goods for personal use into the customs territory of the Customs Union from the country of their previous residence no later than 18 months after the arrival of the said person for permanent residence in a member State of the Customs Union;    purchase of such goods before the date of recognition of individuals in accordance with the legislation of a member State of the Customs Union as refugees, internally displaced persons, or before the date of arrival (resettlement) to a permanent place of residence in a member State of the Customs Union

Regardless of customs value and weight

9.

Cultural values, provided they are classified as such in accordance with the legislation of a member State of the Customs Union

Regardless of customs value and weight

10.

Urns with ashes, coffins with the bodies (remains) of the deceased

II. Goods for personal use, with the exception of vehicles, delivered by the carrier to the address of an individual

11.

Goods for personal use (with the exception of ethyl alcohol, alcoholic beverages, beer, and other goods) imported during a calendar month to the address of one recipient

the customs value of which does not exceed the equivalent of 1,000 euros, and the weight does not exceed 31 kilograms*

12.

Used goods for personal use imported by individuals recognized in accordance with the legislation of a member State of the Customs Union as refugees, internally displaced persons, and those arriving (resettling) in a member state of the Customs Union for permanent residence, provided that the following conditions are met at the same time: import of goods for personal use into the customs territory of the Customs Union from the country of their previous residence no later than 18 months from the date of arrival of the said person for permanent residence in the member state of the Customs Union;    acquisition of such goods before the date of recognition of physical persons in accordance with the legislation of the member State of the Customs Union as refugees, internally displaced persons or before the date of arrival (resettlement) to a permanent place of residence in the member State of the Customs Union

Regardless of customs value and weight

13.

Cultural values, provided they are classified as such in accordance with the legislation of a member State of the Customs Union

Regardless of customs value and weight

14.

Goods for personal use inherited by a physical person of a member State of the Customs Union outside the customs territory of the Customs Union (recognized as inherited property), subject to documentary confirmation of the fact of receiving such goods as inheritance (recognition as inherited property) in accordance with the procedure provided for by the legislation of the member State of the Customs Union

Regardless of customs value and weight

15.

Urns with ashes, coffins with the bodies (remains) of the deceased

III. Goods for personal use, with the exception of vehicles, sent by international mail to the customs territory of the Customs Union

16.

Goods for personal use (with the exception of non-movable goods) sent during a calendar month to the address of one recipient, who is an individual located on the customs territory of the Customs Union

the customs value of which does not exceed the equivalent of 1,000 euros, and the total weight of which does not exceed 31 kilograms *

17.

Urns with ashes, coffins with the bodies (remains) of the deceased

IV. Goods for personal use, with the exception of vehicles, exported by any means

18.

Precious metals and precious stones previously imported into the customs territory of the Customs Union by both individuals of the Customs Union member states and foreign individuals, with the submission of documents issued by customs authorities confirming the fact of their import

Regardless of customs value and weight

19.

Precious metals and precious stones

the customs value is not more than 25,000 US dollars equivalent. The customs value of precious metals and precious stones exported does not include the cost of precious metals and precious stones previously imported by individuals into the customs Union, as well as those temporarily exported from the Customs Union

20.

Other goods for personal use, with the exception of the goods specified in paragraphs 18 and 19 of section IV of this Annex

Regardless of customs value and weight

V. Vehicles for personal use, transported across the customs border by any means

21.

Vehicles for personal use registered in the territory of a member State of the Customs Union, temporarily exported outside the customs territory of the Customs Union and re-imported into the customs territory of the Customs Union by any means

22.

Vehicles for personal use registered in the territory of a foreign state, temporarily imported into the customs territory of the Customs Union by foreign physical persons in any way - for the duration of their temporary stay in this territory, but not more than one year

23.

Vehicles for personal use registered in the territory of a foreign state, temporarily imported by individuals of the member states of the Customs Union in any way, for a period not exceeding six months. Temporary import of such vehicles is allowed under the condition of ensuring payment of customs duties and taxes in accordance with the customs legislation of the Customs Union.

24.

A car and trailer owned by physical persons recognized as refugees, internally displaced persons, or arriving (resettling) in a member State of the Customs Union for permanent residence in accordance with the legislation of a Customs Union member State, provided that the following conditions are met: their importation into the customs territory of the Customs Union from the country of previous residence no later than 18 months from the date of arrival of the said person permanent place of residence in a Customs Union member State;    Such a car and trailer must be owned by the specified persons, and must be registered to such persons in the country of their previous residence for at least 6 months prior to the date of their arrival (relocation) to permanent residence.

in the amount of not more than one car and one trailer

25.

A car or trailer inherited by an individual of a member State of the Customs Union outside the customs territory of the Customs Union (recognized as inherited property) subject to documentary confirmation of the fact of receiving such a car and trailer as an inheritance (recognition as inherited property) in accordance with the procedure provided for by the law of a member state of the customs Union (recognized as inherited property)

in the amount of not more than one car and one trailer

26.

Vehicles for personal use exported outside the customs territory of the customs union by any means

* The legislation of a Member State may establish stricter standards for the import of goods for personal use with exemption from customs duties.

Appendix 4 to the Agreement on the Procedure for the Movement of Goods for Personal Use by Individuals across the Customs Border of the Customs Union and Customs Operations related to their Release  

                               The list of used goods for personal use temporarily imported into the customs territory of the Customs Union by foreign individuals, with exemption from customs duties

Download

No. p / p

The name of the goods for personal use

Quantity

1.

Jewelry

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

2.

Personal hygiene items

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

3.

Cameras;

in the amount of no more than 1 unit

video cameras;

in the amount of no more than 1 unit

movie cameras,

in the amount of no more than 1 unit

their affiliations

in the amount required for use during a temporary stay in the customs territory of the Customs Union

4.

Portable video recorders, digital and analog

in the amount of no more than 1 unit

5.

Portable movie projectors;slide projectors

in the amount of no more than 1 unit in the amount of no more than 1 unit

with their accessories and skin films and slides

in the quantity necessary for use during temporary stay in the customs territory of the customs union

6.

Portable sound recording and reproducing equipment (including dictaphones);

in the amount of no more than 1 unit

DVD players,

in the amount of no more than 1 unit

their affiliations

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

7.

Portable record players

in the amount of no more than 1 unit

And records

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

8.

Audio recording media, without recording with recording

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

9.

Portable radios;

in the amount of no more than 1 unit

flash players,

in the amount of no more than 1 unit

their affiliations

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

10.

TVs with a screen diagonal of no more than 42 cm

in the amount of no more than 1 unit

11.

Portable typewriters

in the amount of no more than 1 unit

12.

Binoculars

in the amount of no more than 1 unit

13.

Mobile phones

in the amount of no more than 2 units

14.

Portable personal computers (laptops)

in the amount of no more than 1 unit

their affiliations

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

15.

Portable musical instruments

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

16.

Baby strollers

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

17.

Wheelchairs for the disabled

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

18.

Child seats fixed on car seats

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

19.

Equipment and accessories for sports, tourism and hunting, balloons

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

20.

Portable dialyzers and similar medical devices, as well as consumables for them

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

21.

Pets, including those intended for hunting, sports, and tourism

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

Appendix 5 to the Agreement on the Procedure for the Movement of Goods for Personal Use by Individuals across the Customs Border of the Customs Union and Customs Operations related to their Release  

                            Goods for personal use transported across the customs border with payment of customs duties and taxes

Download

No. p / p

Product category

Import standards

Rates of customs duties and taxes

I. Goods for personal use, with the exception of vehicles, imported into the customs territory of the Customs Union in accompanied and unaccompanied baggage

1.

Goods for personal use (excluding ethyl alcohol and indivisible goods)

the customs value of which exceeds the equivalent of 1,500 euros and/or the total weight of which exceeds 50 kilograms

at a single rate of 30 percent of their customs value, but not less than 4 euro per 1 kilogram of weight in excess of the weight norm of 50 kilograms and (or)The cost rate is 1,500 euros

2.

Indivisible goods for personal use

Regardless of customs value and weight

in the form of a combined customs payment

3.

Ethyl alcohol of commodity headings 2207 and 220890 of the Customs Code of the Customs Union

in the amount of up to 5 liters

at a single rate of 22 euros per 1 liter

4.

Alcoholic beverages and beer

in the amount of 3 to 5 liters inclusive

at a single rate of 10 euros per 1 liter in terms of exceeding the quantitative norm of 3 liters

5.

Goods for personal use specified in paragraph 5 of Section I of Appendix 3 to this Agreement

the customs value of which exceeds the amount equivalent to 5,000 euros

at a single rate of 30 percent of their customs value, but not less than 4 euros per 1 kilogram of weight in excess of the value norm of 5,000 euros

II. Goods for personal use, with the exception of vehicles, delivered by the carrier to the address of an individual

6.

Goods for personal use (excluding ethyl alcohol, alcoholic beverages, beer, and other goods) imported during the calendar month by one recipient

the customs value of which exceeds the amount equivalent to 1,000 euros and/or the weight of which exceeds 31 kilograms*

at a single rate of 30 percent of their customs value, but not less than 4 euros per 1 kilogram of weight in excess of the value of 1,000 euros and (or) weighing 31 kilograms*

7.

Indivisible goods

Regardless of customs value and weight

in the form of a combined customs payment

III. Goods for personal use, with the exception of vehicles, sent by international mail to the customs territory of the Customs Union

8.

Goods for personal use (with the exception of indivisible goods), sent within one month to the address of the recipient, who is a physical person located in the customs territory of the customs union

the customs value of which exceeds the amount equivalent to 1,000 euros and/or the weight of which exceeds 31 kilograms*

at a single rate of 30 percent of their customs value, but not less than 4 euros per 1 kilogram of weight in excess of the value of 1,000 euros and (or) weighing 31 kilograms*

9.

Indivisible goods

Regardless of customs value and weight

in the form of a combined customs payment

in the amount of no more than 1 unit

their affiliations

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

10.

TVs with a screen diagonal of no more than 42 cm

in the amount of no more than 1 unit

11.

Portable typewriters

in the amount of no more than 1 unit

12.

Binoculars

in the amount of no more than 1 unit

13.

Mobile phones

in the amount of no more than 2 units

14.

Portable personal computers (laptops)

in the amount of no more than 1 unit

their affiliations

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

15.

Portable musical instruments

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

16.

Baby strollers

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

17.

Wheelchairs for the disabled

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

18.

Child seats fixed on car seats

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

19.

Equipment and accessories for sports, tourism and hunting, balloons

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

20.

Portable dialyzers and similar medical devices, as well as consumables for them

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

21.

Pets, including those intended for hunting, sports, and tourism

in the amount necessary for use during a temporary stay in the customs territory of the Customs Union

Appendix 5 to the Agreement on the Procedure for the Movement of Goods for Personal Use by Individuals across the Customs Border of the Customs Union and Customs Operations related to their Release  

                            Goods for personal use transported across the customs border with payment of customs duties and taxes

Download

No. p / p

Product category

Import standards

Rates of customs duties and taxes

I. Goods for personal use, with the exception of vehicles, imported into the customs territory of the Customs Union in accompanied and unaccompanied baggage

1.

Goods for personal use (excluding ethyl alcohol and indivisible goods)

the customs value of which exceeds the equivalent of 1,500 euros and/or the total weight of which exceeds 50 kilograms

at a single rate of 30 percent of their customs value, but not less than 4 euro per 1 kilogram of weight in excess of the weight norm of 50 kilograms and (or)The cost rate is 1,500 euros

2.

Indivisible goods for personal use

Regardless of customs value and weight

in the form of a combined customs payment

3.

Ethyl alcohol of commodity headings 2207 and 220890 of the Customs Code of the Customs Union

in the amount of up to 5 liters

at a single rate of 22 euros per 1 liter

4.

Alcoholic beverages and beer

in the amount of 3 to 5 liters inclusive

at a single rate of 10 euros per 1 liter in terms of exceeding the quantitative norm of 3 liters

5.

Goods for personal use specified in paragraph 5 of Section I of Appendix 3 to this Agreement

the customs value of which exceeds the amount equivalent to 5,000 euros

at a single rate of 30 percent of their customs value, but not less than 4 euros per 1 kilogram of weight in excess of the value norm of 5,000 euros

II. Goods for personal use, with the exception of vehicles, delivered by the carrier to the address of an individual

6.

Goods for personal use (excluding ethyl alcohol, alcoholic beverages, beer, and other goods) imported during the calendar month by one recipient

the customs value of which exceeds the amount equivalent to 1,000 euros and/or the weight of which exceeds 31 kilograms*

at a single rate of 30 percent of their customs value, but not less than 4 euros per 1 kilogram of weight in excess of the value of 1,000 euros and (or) weighing 31 kilograms*

7.

Indivisible goods

Regardless of customs value and weight

in the form of a combined customs payment

III. Goods for personal use, with the exception of vehicles, sent by international mail to the customs territory of the Customs Union

8.

Goods for personal use (with the exception of indivisible goods), sent within one month to the address of the recipient, who is a physical person located in the customs territory of the customs union

the customs value of which exceeds the amount equivalent to 1,000 euros and/or the weight of which exceeds 31 kilograms*

at a single rate of 30 percent of their customs value, but not less than 4 euros per 1 kilogram of weight in excess of the value of 1,000 euros and (or) weighing 31 kilograms*

9.

Indivisible goods

Regardless of customs value and weight

in the form of a combined customs payment

IV. Vehicles for personal use, transported across the customs border by any means

10.

ATVs, snowmobiles, other light vehicles classified in heading 8703 of the Customs Code of the Russian Federation, not intended for movement on public roads,trailers, motorcycles,mopeds, scooters, motor vehicles for the transportation of no more than 12 people, including a driver, classified in heading 8702 of the Customs Code of the Russian Federation, motor vehicles for the transportation of goods with a full weight of up to 5 tons,classified in commodity item 8704 21i 8704 31 HS, water and aircraft, unregistered on the customs territory and the territory of a foreign state

in the form of a combined customs payment

11.

Vehicles for personal use, registered on the territory of foreign states, and temporarily imported by foreign physical persons, whose residence period on the territory of the customs Union has exceeded 1 year from the date of their import

at the flat rates set out in paragraphs 10 and 12 of section IV of this application

12**

Cars imported by their owners or by other individuals on behalf of the owner, who did not leave for the acquisition of a car outside the customs territory, regardless of the place of completion of such a transaction.;

no more than 3 years have passed since its release:    the cost of which does not exceed 8,500 euros, -

  the cost of which is more than 8,500 euros, but does not exceed 16700 euros, -

   the cost of which is more than 16700 euros, but does not exceed 42300 euros;

   the cost of which is more than 42300 euros, but does not exceed 84500 euros, -

   the cost of which is more than 8,4500 thousand rubles, but does not exceed 169,000 euros, -

   the cost of which is more than 169,000 euros, -

   in relation to cars that have been produced for more than 3 years, but not more than 5 years.:

   the engine displacement of which does not exceed 1000 cubic centimeters,

   the working volume of the engine, which is more than 1,000 cubic centimeters, but does not exceed 1,500 cubic centimeters, -

   the working volume of the engine, which is more than 1,500 cubic centimeters, but does not exceed 1800 cubic centimeters, -

   the working volume of the engine, which is more than 1800 cubic centimeters, but does not exceed 2300 cubic centimeters., -

   The working volume of the engine, which is more than 2,300 cubic centimeters, but does not exceed 3,000 cubic centimeters., -

   the working volume of the engine, which is more than 3,000 cubic centimeters, -

   in relation to vehicles whose production range has been more than 5 years:

   the engine displacement of which does not exceed 1000 cubic centimeters, -

   the working volume of the engine, which is more than 1000 cubic centimeters, but does not exceed 1500 cubic meters.centimeters', -

   the working volume of the engine, which is more than 1,500 cubic centimeters, but does not exceed 1800 cubic centimeters, -

   the working volume of the engine, which is more than 1800 cubic centimeters, but does not exceed 2300 cubic centimeters., -

   The working volume of the engine, which is more than 2,300 cubic centimeters, but does not exceed 3,000 cubic centimeters., -

   the working volume of the engine, which is more than 3,000 cubic centimeters, -

54 percent of the customs value, but not less than 2.5 euros per 1 cubic centimeter of engine capacity;

48 percent of the customs value, but not less than 3.5 euros per 1 cubic centimeter of engine capacity;

48 percent of the customs value, but not less than 5.5 euros per 1 cubic centimeter of engine capacity;

48 percent of the customs value, but not less than 7.5euros per 1 cubic centimeter of engine capacity;

48 percent of customs value, but not less than 15 euro per 1 cubic centimeter of engine capacity; 48 percent of customs value, but not less than 20 euro per 1 cubic centimeter of engine capacity;    

in the amount of 1.5 euros per 1 cubic centimeter of engine displacement;  

in the amount of 1.7 euros per 1 cubic centimeter of engine displacement;

in the amount of 2.5 euros per 1 cubic centimeter of engine displacement;

in the amount of 2.7 euros per 1 cubic centimeter of engine displacement;    

in the amount of 3 euros per 1 cubic centimeter of engine displacement;    

in the amount of 3.6 euros per 1 cubic centimeter of the working volume of the engine;

in the amount of 3 euros per 1 cubic centimeter of engine capacity;    

in the amount of 3.2 euros per 1 cubic centimeter of the working volume of the engine;

in the amount of 3.5 euros per 1 cubic centimeter of engine operating volume;  

in the amount of 4.8 euros per 1 cubic centimeter of engine operating volume;

in the amount of 5 euros per 1 cubic meter.engine volume;

in the amount of 5.7 euros per 1 cubic centimeter of engine displacement.

* The legislation of a member state of the Customs Union may establish stricter standards for the import of goods for personal use, in excess of which customs duties and taxes are paid** In accordance with another international agreement of the member states of the Customs Union, these states may establish other uniform rates of customs duties and taxes.

Appendix 6 to the Agreement on the Procedure for the Movement of Goods for Personal Use by Individuals across the Customs Border of the Customs Union and Customs Operations related to their Release  

Procedure for determining the moment of release and engine displacement of an automobile or motor vehicle

     1. The moment of release, that is, the date of manufacture, and the engine displacement of an automobile or motor vehicle shall be determined by the declarant on the basis of: 1) information contained in documents confirming their registration in the state of previous registration; 2) information from the manufacturer or the general importer, dealer, distributor, or other representative of the manufacturer's interests in a member state of the Customs Union. of the Union, including information contained on identification stickers or plates or encoded in the body number of an automobile or motor vehicle;      3) other auxiliary sources of information.      2. In this case, auxiliary sources of information are used only in the absence of information or documents specified in subitems 1) or 2) of paragraph 1 of this Annex.      Expert opinions of the Chamber of Commerce and Industry of a member State of the Customs Union and its structural divisions, as well as other information and reference sources available to the declarant, may be used as auxiliary sources of information.      The conclusion of a representative of the interests of the manufacturer of an automobile or motor vehicle in a member state of the Customs Union may be requested by the customs authority after completion of customs operations related to the release of an automobile or motor vehicle in order to control information about the moment of release and (or) the working volume of the cylinders of the engine of the automobile or motor vehicle.      If there is conflicting information in the above-mentioned documents and information, the time of release and (or) the cylinder capacity of an automobile or motor vehicle engine are determined on the basis of the conclusion of the representative of the interests of the manufacturer of the automobile or motor vehicle in a member state of the Customs Union, the conclusions of customs or judicial expertise.      3. If the exact date of manufacture has not been determined, but information is available about the year or year and month of manufacture of an automobile or motor vehicle, the date of manufacture is July 1 of the year of manufacture or the 15th day of the month of manufacture, respectively.      4. In the absence of documents and information on the information listed in paragraph 1 of this Annex, the year of manufacture of an automobile or motor vehicle is determined by the manufacturing code indicated in the identification number of the automobile or motor vehicle, and the full year is calculated from July 1 of the year of manufacture.

President    

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