Activity in sphere of customs business

§1. General provisions

Article 54. Inclusion of legal bodies in registers of the persons who are carrying out activity in sphere of customs business

1. Inclusion of legal bodies in registers of the persons who are carrying out activity in sphere of customs business, is carried out on the conditions established accordingly by articles 13, 19, 24, 29, 34 Customs codes of the Customs union and accordingly by articles 61, 67, 70, 76, 82 present Federal laws.

2. For inclusion in one of registers of the persons who are carrying out activity in sphere of customs business, the legal body addresses in customs body with the statement in writing, containing the data provided by the present Federal law, and represents the documents confirming such data, under the lists established accordingly by articles 62, 68, 72, 77, 83 present Federal laws.

3. For inclusion the legal body represents the separate statement to the register of owners

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of warehouses of time storage, the register of owners of customs warehouses and the register of duty free shops concerning each territorially isolated premise and (or) each territorially isolated open area which are intended accordingly for use as a warehouse of time storage, a customs warehouse or a duty free shop trading floor.

4. The documents provided by parts of 2 and 3 present articles, can be presented the applicant in the form of originals or the copies assured by the person, their presented, the authorised bodies which have given out such documents, or assured notarially. At representation of copies of the documents assured by the person, their presented, the customs body in case of need checks conformity of copies of these documents to their originals then originals of such documents come back to the person, their presented.

Upon termination of consideration of the statement for inclusion in the register the customs body is obliged to return to the applicant under its requirement originals of the presented documents. The documents confirming granting to customs body of maintenance of payment of the customs duties, taxes, are represented in the original.

5. The documents confirming granting to customs body of maintenance of payment of the customs duties, taxes, can be presented the applicant not later than 30 days from the date of a direction customs body of the notice on acceptance of the preliminary decision on observance of other conditions of inclusion of the legal person to the corresponding register.

6. The customs body considers the statement for inclusion in the register in time, not exceeding 30 days from the date of its reception, except for the cases specified in parts of 7 and 10 present articles, and the decision on inclusion or on refusal in inclusion of the legal person in the corresponding register of the persons who are carrying out activity in sphere of customs business makes.

7. In case the applicant together with the statement for inclusion in the register has not been present the documents confirming granting to customs body of corresponding maintenance of payment of the customs duties, taxes, at observance of other conditions of inclusion of the legal person to the corresponding register, established by the customs legislation of the Customs union and the present Federal law, the customs body makes the preliminary decision on observance of these conditions and notifies on it the applicant within the term specified regarding 6 present articles. In this case the customs

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body makes the decision on inclusion of the legal person in the corresponding register not later than 10 days after day of representation by the applicant to customs body of the documents confirming granting of corresponding maintenance of payment of the customs duties, taxes.

8. With a view of check of conformity declared as a warehouse of time storage, a customs warehouse or duty free shop of premises and territories to requirements and the conditions established according to the present Federal law, the customs body spends customs inspection of these premises and (or) territories.

9. In case the documents presented by the legal body do not meet the requirements of the legislation of the Russian Federation on an order of their drawing up and delivery, contain the inconsistent or illegible information or in the presented documents there are editings, the customs body considering the statement for inclusion in the register, have the right to request of the third parties, and also at state structures the documents confirming data, specified by the legal body. The specified persons and state structures are obliged within 10 days from the date of inquiry reception to present required documents.

10. In a case provided by a part of 9 present articles, term of consideration of the statement for inclusion in the register increases by time necessary for customs body for a direction of inquiry and representation by persons of requested documents. Thus the general term of consideration of the statement for inclusion in the register cannot exceed 40 days from the date of reception of such statement.

11. Inclusion of the legal person in the corresponding register of the persons who are carrying out activity in sphere of customs business, is made out by the decision of customs body in writing and proves to be true delivery of the certificate on inclusion in such register, and at inclusion in the register of customs carriers - delivery of the document confirming the status of a customs carrier, to the head of the legal person or other authorised representative of the legal person on receipt or otherwise, confirming the fact and date of its reception, within three working days from the date of acceptance of such decision. The specified certificate subscribes the chief of customs body or its assistant and is assured by the press.

12. The customs body makes the decision on refusal in inclusion in the corresponding

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register of the persons who are carrying out activity in sphere of customs business, in time, not exceeding term, specified regarding 6 present articles, in cases of non-observance of conditions of inclusion in the corresponding register, provided by the Customs code of the Customs union and the present Federal law, and (or) непре дставления of the documents provided by parts of 2 and 3 present articles. At не представлении the documents confirming granting to customs body of maintenance of payment of the customs duties, taxes in time, 5 present articles established by a part, customs body within 10 days make the decision on refusal in inclusion in the corresponding register. The decision on refusal in inclusion in the corresponding register of the persons who are carrying out activity in sphere of customs business, is possible to the head or other authorised representative of the legal person in writing not later than three working days from the date of acceptance of such decision.

13. A procedure customs bodies of actions on inclusion of legal bodies in registers of the persons who are carrying out activity in sphere of customs business, to their exception of the given registers, modification of such registers, stay and renewal of activity of the specified persons, and also forms of certificates on inclusion in the register of customs representatives, the register of owners of warehouses of time storage, the register of owners of customs warehouses, the register of owners of duty free shops, the register of the authorised economic operators and an order of their filling are defined by the federal enforcement authority authorised in the field of customs business. The form of the document confirming the status of a customs carrier, according to point 4 of article 18 of the Customs code of the Customs union is established by the decision of the Commission of the Customs union.

14. For consideration of statements for inclusion in registers of the persons who are carrying out activity in sphere of customs business, and inclusion of persons in the specified registers, the payment is not raised.

Article 55. Change of the data specified in the statement for inclusion in one of registers of persons, carrying out activity in sphere of customs business 1. In case of change of the data provided by parts of 2 and 3 articles 54 of the present

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Federal law, specified in the statement for inclusion in the register of the persons who are carrying out activity in sphere of customs business, or in documents applied on it, the legal body included in one of registers of persons, carrying out activity in sphere of customs business (its assignee in case of transformation of the legal person), is obliged to inform to customs body in writing about these changes within five working days from the date of approach of the events which have entailed changes of corresponding data, or from the date of when the person knew about their approach and to present documents to which changes are made or with which change of data proves to be true.

2. The customs body within 15 working days from the date of, reception of the information specified regarding 1 present article following day, checks conformity of again specified data to the conditions established for inclusion of the legal person in the corresponding register of persons, carrying out activity in sphere of customs business, the decision on modification of the specified register and if the data which are subject to instructions in the certificate on inclusion of persons in the corresponding register (the document confirming the status of a customs carrier) change makes, grants the new certificate on inclusion in the corresponding register (the document confirming the status of a customs carrier).

3. The documents presented according to the present article join a package of the documents presented by the legal body at inclusion in the corresponding register of persons, carrying out activity in sphere of customs business.

Article 56. Stay and renewal of activity of the legal person as the person who are carrying out activity in sphere of customs business

1. Activity of legal bodies as customs representatives, owners of warehouses of time storage, owners of customs warehouses and owners of the duty free shops included in corresponding registers of persons, carrying out activity in sphere of customs business, stops in following cases:

1) filing of application of the legal person about stay of its activity;

2) filing of application of the legal person in case of excitation concerning it bankruptcy procedure;

3) acceptances by court or the authorised body of the decision on stay of activity of the

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legal person;

4) stay according to the legislation of the Russian Federation of action of the allowing document on realisation of a certain kind of activity if the legal body included in the corresponding register, carries out only such kind of activity.

2. The legal body included in one of registers of persons, carrying out activity in sphere of customs business, is obliged to inform customs body in writing on the events specified in points 3 and 4 parts of 1 present article, within three days from the date of approach of corresponding event.

3. Activity of legal bodies as customs representatives, owners of warehouses of time storage, owners of customs warehouses and owners of the duty free shops included in the corresponding register of persons, carrying out activity in sphere of customs business, is considered suspended from the date of, approach of the events specified in points 3 and 4 parts of 1 present article following day. In a case provided by point 1 or point 2 of a part of 1 present article, activity of legal bodies in sphere of customs business stops from the date of, reception following day by customs body of the statement of the legal person specified in point 1 or point 2 of a part of 1 present article.

4. From the date of stay of activity of the legal person as the person who are carrying out activity in sphere of customs business, carrying out of customs operations, a premise of the goods on a warehouse of time storage, the customs warehouse, and also realisation of the goods in duty free shops are not supposed. In case term of stay of activity of the legal person as the owner of a warehouse of time storage exceeds one month, the goods stored in a warehouse of time storage, are subject to a premise at his expense on other warehouse of time storage within two months from the date of, stay of such activity following day.

5. Activity of legal bodies as customs representatives, owners of warehouses of time storage, owners of customs warehouses and owners of the duty free shops included in the corresponding register of persons, carrying out activity in sphere of customs business, renews from the date of, granting following day by the legal body of the documents confirming elimination of circumstances, specified regarding 1 present article, formed the basis for stay of such activity.

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Article 57. An exception of the legal person of registers of the persons who are carrying out activity in sphere of customs business

1. The legal body is subject to an exception of the corresponding register of the persons who are carrying out activity in sphere of customs business, on the bases provided accordingly by articles 14, 20, 25, 30 and 35 Customs codes of the Customs union.

Reorganisation of the legal person included in the corresponding register of persons, carrying out activity in sphere of customs business, in the form of transformation is not the basis for an exception of such legal person of the given register.

2. The decision on an exception of the legal person from the corresponding register of the persons who are carrying out activity in sphere of customs business, is made out in writing by the decision of the customs body, made the decision on inclusion of the legal person in such register, and it is possible customs body to data of the legal person in which relation such decision is accepted, in writing with мотивированным a substantiation of such decision not later than the day following day of its acceptance.

The specified decision is handed over to the head of the legal person or the authorised representative of the legal person on receipt or otherwise, confirming the fact and date of reception of this decision. If the specified persons evade from reception of the specified decision, it goes by mail the certified mail.

3. The decision on an exception of the legal person from the corresponding register of the persons who are carrying out activity in sphere of customs business, comes into force in a case:

1) non-observance established by the Customs code of the Customs union of conditions of inclusion of the legal person in the corresponding register of the persons who are carrying out activity in sphere of customs business (except for a case specified in point 2 of the present part), after 15 days from the date of removal of such decision;

2) non-observance of a condition of inclusion of the legal person in the register of the customs carriers, established by subparagraph 2 of article 19 of the Customs code of the Customs union, after one day from the date of removal of such decision;

3) non-observance by a customs carrier, the owner of a warehouse of time storage, the owner of a customs warehouse, the owner of duty free shop of the duties specified accordingly in subparagraph 2 of article 20, article 25 subparagraph 2, article 30

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subparagraph 2, subparagraph 2 of article 35 of the Customs code of the Customs union, after 15 days from the date of removal of such decision;

4) filing of application of the legal person about its exception of the register from the date of, reception following day by customs body of the specified statement in writing.

4. The exception of the legal person of the corresponding register of the persons who are carrying out activity in sphere of customs business, in connection with its liquidation or the termination of its activity as a result of reorganisation (except for transformation of the legal person) is carried out from the date of approach of the specified events. The customs body which is carrying out conducting of the corresponding register, brings record about an exception of the legal person of such register after reception of the information on the come event.

5. In the cases provided by points 1 - 3 parts 3 present articles, the subsequent statement for inclusion in the corresponding register of the persons who are carrying out activity in sphere of customs business, can be submitted after elimination of the reasons which have formed the basis for an exception of the legal person from the corresponding register.

6. The owner of a warehouse of time storage, the owner of a customs warehouse and a customs carrier are obliged to inform the persons who placed the goods on a warehouse of time storage either a customs warehouse or have transferred the goods, being under customs control, for transportation, and also the customs body which has granted the certificate on inclusion of the legal person in the corresponding register of persons, carrying out activity in sphere of customs business (the document confirming the status of a customs carrier), on intention to stop the activity one month prior to day of filing of application on an exception of the corresponding register. During the specified term the premise of the goods on a warehouse of time storage either a customs warehouse or acceptance of the goods which are under customs control, to transportation is not supposed.

7. The customs representative is obliged to inform persons under which commission it makes customs operations, about filing of application about its exception of the corresponding register of the persons who are carrying out activity in sphere of customs

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business, 15 days prior to day of giving of such statement. During the specified term the conclusion with customs applicants or other interested persons is not supposed by the customs representative of contracts.

8. In case of an exception of the corresponding register of the persons who are carrying out activity in sphere of customs business, on other bases the customs representative, a customs carrier, the owner of a warehouse of time storage and the owner of a customs warehouse are obliged to inform on it of persons to whom they render services, immediately, but not later than five days from the date of acceptance by customs body of the decision on an exception of the corresponding register.

9. The exception of the legal person of the corresponding register of the persons who are carrying out activity in sphere of customs business, does not release this person (its assignee) from a duty to finish customs operations on transportation or storage of the goods which are under customs control, or to make other actions, the duty on which

9. The exception of the legal person of the corresponding register of the persons who are carrying out activity in sphere of customs business, does not release this person (its assignee) from a duty to finish customs operations on transportation or storage of the goods which are under customs control, or to make other actions, the duty on which