New terms and conditions for customs payments.

28.04.2009

LEGAL UPDATE No. 28.
 
Goltsblat BLP hereby advises that Federal Law No. 58-FZ of 9 April 2009 “On Amendments to the Budget Code of the Russian Federation and Certain Regulatory Acts of the Russian Federation” has been adopted. The provisions containing amendments to the Customs Code of the Russian Federation will come into force on 1 October 2009.

The Law establishes that the customs authorities are solely responsible for administering customs payments and are not the recipients of said payments.
The amendments stipulate the closure of the bank accounts of customs authorities used for remittance of customs and advance payments and placement of cash deposits as security for customs payments. Customs payments will now have to be remitted to bank accounts of the Federal Treasury, to be opened by its territorial agencies and designated exclusively for registration of received customs payments and their allocation among budgets within the budgetary system of the Russian Federation.

Goods imported into the customs territory of the Russian Federation will be released for free circulation by customs authorities provided that respective customs duties and taxes have been credited to a Federal Treasury account. If no funds are credited to the account, the goods will be deemed to have been released conditionally. Please note that customs authorities will not be authorised to demand confirmation of remittance of funds to a Treasury account.

Customs payments and remittance of deposits as security for said payments should only be made in Russian roubles. No foreign currency may be used for these purposes. 

The period stipulated for recovery of advance payments has been changed. Advance payments will be returned if a respective application is submitted within three years of the last order of a person on use of the advance payments or, in the absence of said order, within three years of crediting the funds to a Federal Treasury account. 

According to a new procedure introduced by the amendments, special, anti-dumping and compensatory advance duties paid at the time of import will be returned to the payer if the results of a respective investigation indicate that there had been no grounds for introduction of the special protective, anti-dumping and compensatory duties.

The Law clarifies that if an obligation that is secured by a cash deposit is not fulfilled, the amounts of customs payments, late payment charges and interest will be collected from the deposit and no customs payments will be claimed or collected from the cash held on the bank accounts of the payer of customs duties. 

Overpaid or overcharged customs duties and taxes will no longer be returned by the customs authority that received the funds on its bank accounts. Instead the refund will be performed by the customs authorities administering this cash.

We recommend that business entities and all persons involved in relations governed by the customs legislation prepare for introduction of the new terms and conditions of customs payments in advance.

For further information, please contact:

Vladimir Tchikine, Partner,
Customs and Exchange Regulation,
Goltsblat BLP
Tel: +7 (495) 287 44 44,
Email: info@gblplaw.com

Elena Belozerova, Head of Group,
Customs and Exchange Regulation,
Goltsblat BLP
Tel: +7 (495) 287 44 44,
Email: info@gblplaw.com

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