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CUSTOMS AUDITConsulting services

CUSTOMS CODE OF THE CUSTOMS UNION NEW RULES FROM JULY 1, 2010!As it is known, recently Russia, Belarus and Kazakhstan have formed the Customs union.

At present time the system of the supranational bodies has already been established, this system acts in the frames of the Customs union: The Interstate Councils on the governmental level are the higher authory of the Customs union . Also, at present time, the permanent executive body - Customs Union Commission is functioning.

In 2009, the supreme body of the Customs Union, Commission of the Customs Union and the governments of the participating States held a set of measures to complete the formation of the legal framework of the Customs Union, including the Common Customs Tariff, the Customs Code, the Statute of the Court ofthe Customs Union and other important documents, that will largely determine the procedure of foreign trade regulation by participating countries.

It is important to note that the Customs Union in the form in which it existed prior to January 1, 2010 not only did not cancel, but not even significantly changed the national legislation of the participants. They continued to operate their Customs Codes, customs tariffs, laws on state regulation of foreign trade, etc.

On January 1, 2010 the situation changed radically: Common Customs Tariff (CCT) came into force and the uniform system of non-tariff regulation of foreign trade. On July 1, 2010 Common Customs Code of the Customs Union came into force, which abolished the Customs Code of the Russian Federation of 2004. And that's just the part of the changes in the regulatory control of foreign trade. During the subsequent period - other regulatory frameworks both in the field of foreign trade and in the related spheres of legal regulation are rapidly changing.

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Customs audit

In this terms Customs & Corporate Lawyers offers a new service:

«CUSTOMS AUDIT»

As part of this service, we are ready to analyze your existing documents (transport, trade, customs, banking, etc.) to determine the presence of customs risk.

In addition, we will provide you with a clear and detailed recommendations to eliminate or minimize these risks.

In this case, our actions can be divided into four main areas (or stages):

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1. Legal expertise of foreign trade agreements

As it is known, foreign trade agreement - is the main commercial document containing information about the imported or exported goods. Customs authority use it on the first place to verify and clarify the information stated in the customs declaration. Therefore, if there is absence of specific provisions in the contract or if there are any contradictions in it, the customs authority may declare it inadmissible for the purpose of identifying goods, confirmation of the customs value, application of the first method of determining the customs value, use of the declared customs regime, etc. The situation is complicated by the fact that specific content of the foreign trade contract is not regulated by any legislation: which results in existence of different approaches to drafting and execution of contracts. In this approach, the customs authorities approaches often differ and may not match the approach of foreign trade operators.

The above circumstances make legal expertise of foreign trade contracts necessary. Our services in this area are as follows:

o - General analysis and, in particular, examination of the foreign trade contracts and other commercial documents on the matter of compliance with the customs legislation of the Russian Federation, as well as the legislation of the Customs Union

o - Identification of provisions that could lead to additional questions by the customs authorities (in particular, the issues of price components to be included in the customs value) and, as a consequence, delay the release of goods

o - Recommendations for changes in the commercial documents in order to minimize the risks in terms of determining the customs value, and (or) excessive customs duties

o - Identification and elimination of other risks (such as unfavorable terms of delivery, the provisions of the agreement under which the customs authorities may prohibit re-export of the damaged goods, etc.)

2. Analysis of the documents to be submitted to the customs authority, but has not yet submitted

At this stage, we identify and evaluate risks, consisting in the probability of the following:

o the refusal of the customs authority to accept documents

o Customs request of additional documents to confirm stated information, including for the purpose of verification of the declared customs value

o probability of the "operation" of the risk profiles, delays in customs clearance of goods

o involvement of the person who submitted the documents to the administrative liability in connection with providing of unreliable documents and information

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3. Analysis of the documents, which trader is required to record and store after completion of customs clearance

At this stage, we evaluate risks related to the customs activities of so-called "post-control" - verification of documents relating to customs clearance, after the release of the goods.

In this regard, it is worth paying attention to the fact that, in accordance with the Customs Code of the Customs Union (entered into force on 1 July 2010), the customs authorities shall have the right to carry out customs control for 3 years from the date of release of the goods.

In practice, "post-control" usually takes the form of customs revisions.

According to the results of the revisions Customs authorities often pursue adjustment of customs value, impose additional customs duties and maintain a claim for payment. In some cases, administrative proceedings are commenced.

4. Analysis of the documents that must be kept by the person acquiring the imported goods

As we know, not only traders can face the customs risks, but also those who buy imported goods from traders or middlemen.

The legislation imposes on these persons responsibility to make sure that their purchases went through the procedure of customs clearance and that customs duties are paid.

Administrative responsibility is a consequence of non-fulfillment of this obligation. Customs authorities are empowered to audit these entities.

We are ready to analyze and help you to minimize customs risks that arise (or may arise), if you purchase or lease imported goods.

Private trips consulting

In addition to the product "CUSTOMS AUDIT" we provide for free enclosed package "Private trips consulting" in which we are ready to answer any questions on the topic, including:

o Cases when you have to fill in passenger’s declaration and pass through the "red corridor" - a full list of cases with our comments and answers to your questions

o How to fill in the passenger’s declaration: the order of filling in declaration as a whole or parts of it, if necessary - providing with the sample of correctly filled in declaration

o When to pay custom duties and in what amounto Import and export of personal vehicle by an individual (including the temporary

import and export): What are the rates of import duties and in which cases fees are not collected, how to fill in vehicle declaration, what documents are needed to submit to the customs, how and where obtain the certificate of title for a vehicle and other matters

o In which amount and how it is possible to import and export the currency, in which cases currency must be declared

o Import and export of items of cultural values by an individual: what can be considered as an item of cultural values, what documents do you need to provide to the customs, etc.

o Any other questions that may occur

Why choose us to provide you with these services?

Customs & Corporate Lawyers is a leader in the field of customs consultancy, combining extensive experience in solving complex customs matters before they become a serious problem, focused on unlocking the potential of your business.

Success factor is our team - professionals with extensive experience in both the Federal Customs Service of Russia, as well as many years of experience in leading consulting firms, members of the so-called "Big Four". Our customers receive the obvious advantages in the face of new economic realities in which the services rendered by the Law firm are able to contribute to the development of your business.

Our task - to provide your business with a high level of service and consulting. And we are proud that we are successfully implementing this task: we made the most flexible approach to pricing, knowing that the cost of services is the only part of the process, that is negotiable, the rest of its components: the high quality of work , confidentiality and timeliness - are non-negotiable.

Customs & Corporate Lawyers is focused on establishing long-term business relationships with its clients as a consultant on a wide range of issues in business.

CONTACTS

Central office:Office 320, building 1, Rozhdestvensky

boulvar 9, Moscow, 107045 +7 (495) 608-02-06  +7 (495) 608-33-43   +7 (495) 608-33-17 (fax)

e-mail: info@customs-advocate.ru

Website: www.customs-advocate.ru