TODAY IS SUNDAY, MAY 28, 2017, 1:31:57 PM
VISUALLY VERSION
Main Directorate of Customs Control after Release of Goods

Head of the Main Directorate - Valeriy Seleznev (499) 449-72-71

General Provisions

The present statute on the Main Directorate of Customs Control after the goods release (hereinafter Statute) is framed on the basis of Statute on Federal Customs Service approved by Resolution of the Russian Federation Government No. 459 dated 26th July, 2006.

The Main Directorate of the Customs Control after the Goods Release (hereinafter Main Directorate) is a structural subdivision of the Russian FCS Central Administrative Office.

Main Directorate in its Activities is governed by Constitution of the Russian Federation, federal constitutional laws, international treaties of the Russian Federation, Customs Code of the Customs Union, the Russian Federation Legislation on Customs Affairs, federal laws, acts of the President of the Russian Federation and the Russian Federation Government, regulatory legal acts of the Central Bank of the Russian Federation, Statute on Federal Customs Service, regulatory and other legal acts of the Federal Customs Service of Russia, as well as the present Statute.

The Head of the Russian FCS validates the structure and the staff size of the Main Directorate.

The Main Directorate is headed by the Main Directorate Head, who reports directly to the Russian FCS Head.

In the absence of the Main Directorate Head, the overall charge for the Main Directorate is to be taken by the Senior Deputy of the Main Directorate Head. In the absence of the Senior Deputy, the Main Directorate is to be headed by one of the deputies of the Main Directorate Head, according to the allocation of responsibilities.

The Main Directorate Head, the Senior Deputy of the Main Directorate Head and other deputies are appointed and dismissed by the Russian FCS Head.

The Main Directorate carries out its activity in the following domains:

control over the compliance with the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs by means of Customs inspection and other types of Customs control, that is used during it (hereinafter customs inspection). The control is carried out over customs applicants, customs brokers, shippers, including customs shippers, the persons who have authority in regard to the goods after their release or their representatives, the persons, carrying out of goods temporary storage; the owners of duty­-free shops, customs and other warehouses; approved economic operators, other people, who directly or indirectly participated in transactions with goods, placed under certain procedure; the person, in regard to whom there is information, that some goods belong (belonged) and (or) are (were) used by him with violation of the order, established by the Customs Code of the Customs Union, including those illegally transported across the Customs border (hereinafter persons verified).

securing of compliance with the rights and legitimate interests of people by carrying out of customs inspection and provision of conditions within its activity scope to facilitate the goods turnover across the Customs Union border;

taking some measures within its activity scope о protect the National Security of the Customs Union member-states, life and health of people, fauna and flora and environment by carrying out of Customs Inspection

detection, prevention and suppression of administrative violations, related to the Customs Authority activity scope, in accordance with the Russian Federation Legislation, by carrying out of Customs inspection; and (or) the detection of constituent elements of offence, carrying out of urgent investigation on criminal cases, within the Customs Authorities competence, in accordance with the Russian Federation Legislation.

securing the copyright for intellectual property objects, included into the intellectual property object register by the Customs Authorities by means of carrying out of customs inspections, in regard to the goods, which are on the turnover on the Customs territory of the Customs Union.

The Main Directorate departments act on the basis of the provisions, approved by the Main Directorate Head.

Administration of the departments is carried out by their Heads.

The administrative responsibilities of the Main Directorate officers are determined by the job descriptions and regulations, approved according to the procedure, established by the Russian FCS.

he staff of the Main Directorate is composed of the people, who meet the approved qualification requirements.

The activity of the Main Directorate is based on the Main Directorate and Russian FCS operation plans, as well as on the principles of integrated authority and personal responsibility of each official for the state of things in the entrusted area, as well as accomplishment of some missions.

The Main Directorate carries out its activity either directly or through the Departments of Customs Control after Release of Goods of the Customs Authorities[1], in accordance with the Main Directorate activity domains, in collaboration with other Russian FCS departments, as well as with the Federal Executive Authorities, legal entities and persons;

Office work and actions, directed to maintain the Main Directorate regime of confidentiality are carried out in accordance with the established procedure.

While carrying out of its activity, the Main Directorate observes the requirements of the Russian FCS legislation on the information security.

 

Main Directorate Functions

The Main Directorate carries out the following functions:

coordinates and controls the activity of the departments of customs control after the goods release of the Customs Authorities on organization and carrying out of customs inspection with the aim to check the following:

the fact of placement of goods under the Customs procedure;

adequacy of the data, indicated in the Customs declaration and other documents, submitted by the Customs goods declaring, which influenced the decision about goods release;

upholding of restrictions on use and disposal of any conditionally released goods;

following the procedures, stipulated in the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs, application of which  for the commodities doesn’t involve their acquisition of the status of the Customs Union goods;

compliance with other requirements, stipulated in the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs;

coordinates and controls the activity of the departments of customs control after the goods release of the Customs Authorities, including organization and carrying out of customs inspections, with the aim to check the compliance with the requirements to the persons, operating in the sphere of Customs Affairs, stipulated by the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs;

coordinates and controls the activity of the departments of customs control after the goods release of the Customs Authorities, including organization and carrying out of customs inspections, with the aim to check the compliance of the persons with the conditions, necessary to award the status of Approved Economic Operator;

carries out customs inspections in the domains, indicated in Subparagraphs 1-3 of the present Paragraph, on the resolution of the Russian FCS Head;

detects any administrative violations, attributed to the Customs Authority competence in accordance with the Russian Federation Legislation, and (or) constituent elements of offence by carrying out of customs inspections, as well as conducts urgent investigation of criminal cases, attributed to the Customs Authorities competence, in accordance with the Russian Federation Legislation, as well as of other linked to them crimes and administrative violations;

contributes to fight against corruption and international terrorism, within his competence;

counteracts the illegal turnover of the intellectual property objects, transported across the Russian Federation State border and included into the intellectual property object register by the Customs Authorities, within his competence;

participates in drafting out of Federal laws and legal acts of the Russian Federation President and the Russian Federation Government, of regulatory and other legislative acts of the Russian FCS, according to the domains of the Main Directorate activity;

drafts out any regulatory and other legislative acts of the Russian FCS, in the line with the Main Directorate activity domains, regarding the application of the forms of the customs control after release of goods, the forms of acts and other documents, drawn up by the Customs Authorities by carrying out of some forms of the customs control after release of goods, in accordance with the Customs Code of the Customs Union and the Russian Federation Legislation on the Customs Affairs, including:

decisions about conducting of field customs inspection;

act of cameral customs inspection;

act of field customs inspection;

act of access refusal to the object of a person verified for Customs officers, conducting the field customs inspection;

decree on goods attachment;

decree on goods withdrawal;

decree on seizure of documents;

act on goods attachment;

act on goods withdrawal;

act on seizure of documents

permission for the use of goods;

resolution on release of attachement

resolution on redelivery of withdrawn goods;

resolution on redelivery of withdrawn documents;

act on redelivery of withdrawn goods;

act on redelivery of withdrawn documents;

demand for presentation of goods and (or) presentation of documents and other information by a field inspection;

demand for presentation of documents and other information by a cameral customs inspection;

develops the methods of conducting of customs inspections in accordance with the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs;

participates in the organization of international legal work and development of international acts, according to the Main Directorate activity domains;

prepares the suggestions about improvement of the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs, takes part in drafting of international agreements of the Russian Federation, decisions of the Eurasian Economic Commission, regulating the customs legal relationships of the Customs Union, Federal laws, acts of the Russian Federation President, regulatory and other legislative acts of the Russian FCS according to the domains of the Main Directorate activity;

analyzes and estimates the effectiveness of application of the customs control forms by the Customs Control after Release of Goods departments of the Customs Authorities, prepares proposals for improvement of the customs control after release of goods;

gives methodic and practical help to the departments of the Customs Control after Release of Goods of the Customs Authorities;

carries out the departmental control over the decisions, actions (inactivity) of downstream Customs Authorities and their officials in the sphere of Customs Affairs, regarding the issues within the Main Directorate scope;

carries out the functional inspection of the activity of the Customs Control after Release of Goods departments of the Customs Authorities, provides the control over corrective actions of violations and drawbacks, detected by such inspection.

works out the performance indices of the Customs Control after Release of Goods departments of the Customs Authorities, analyzes the result of the customs control after release of goods and estimation of its activity;

consolidates the information about customs inspection and other activities, which are conducted (were conducted) by the Customs Control after Release of Goods departments of the Customs Authorities, provides the creation and keeping of the information analysis source for inspection activity;

participates in planning of the Russian FCS activity, regarding the Main Directorate scope;

within his scope, coordinates the collaboration of departments of the Customs Control after Release of Goods with other structural subdivisions of the Customs Authorities by preparation and carrying out of customs inspections; considers the claims of the Federal Executive Authorities, Public Prosecution offices, subordinate Customs Authorities, legal entities and persons, as well as drafts out the responses to them within the terms, set by the Russian Federation Legislation;

participates in collaboration of the Russian FCS with the law enforcement authorities and inspecting State authorities, in line with his competence,

participates in consolidation of the information about the ways of customs payment evasion, as well as in the development of mechanisms and tools, which are designed for negative consequences decrease, according to his competence;

controls the use of information about the business of foreign economic activity participants, as well as of other information, found in the Customs Authority information resources and other information sources. This information is used for preparation and carrying out of the customs inspection of the Customs Control after Release of Goods departments of the Customs Authorities;

takes part in provision of the legal defence of the Customs Authorities interests in courts and other state authorities, concerning the Main Directorate scope;

in regard to his competence, participates in inspector and functional audits as part of the Russian FCS commissions, prepares the proposals on corrective actions of violations, detected by inspector audits, as well as on bringing of Customs officers to disciplinary liability in view of the functional audits results;

participates in the activity of working and expert groups within the framework of his competence;

prepares the result reviews of the Customs Authorities activity audits for the Russian FCS Administration, in regard to the Main Directorate activity scope;

with the aim of realization of the Main Directorate activity domains, conducts the analysis of the information, kept in the Customs Authority and other information resources, as well as of the information, arriving from the structural subdivisions of the Customs, Tax, Law Enforcement, Inspection State Authorities and organizations;

with the aim of realization of the Main Directorate activity domains, conducts the analysis of customs operations and customs control, in regard to the goods and vehicles of the international traffic, including the section of the Customs Authority activity regions and foreign economic activity participants, based on the monitoring of application of the customs inspection forms, electronic databases of the customs declarations, as well as other information resources at the disposal of the Russian FCS.

identifies the risks, in accordance with the Main Directorate activity domains;

works out all-Russian, regional and area risk profiles, including urgent risk profiles, in accordance with the Main Directorate activity domains;

works out the Main Directorate activity leads, inform the Customs Authorities about them, as well as analyzes the results of their application by Customs Authorities;

controls the compliance of the Customs Authorities with all-Russian, regional and area risk profiles and leads, which were worked out in accordance with the Main Directorate activity domains, analyzes their efficiency and prepares the proposals for updating or cancellation of the relevant risk profiles and leads, according to the results of the analysis;

in regard to the Main Directorate competence, detects persons, whose activity complies with the criteria, set by the Russian FCS, analyzes and checks the RTU proposals about the exclusion of particular individuals from the areas of validity of risk profiles and excludes individuals from the areas of validity of risk profiles within the procedure, established by the Russian FCS;

in regard to the Main Directorate competence, analyzes the RTU information about the facts of incompliance to the criteria, set by the Russian FCS, of the activity of the individuals, excludes from the areas of validity of risk profiles; and includes such individuals in the areas of validity of risk profiles within the procedure, established by the Russian FCS;

in regard to the Main Directorate competence, analyzes the RTU proposals about including of certain foreign economic activity participants to the list of people, who transports the goods, in regard to which the customs control by carrying out of customs procedures is not conducted fully;

participates in the activity of the Customs Authorities on revocation of certificates of register inclusion. The people affected are those, who violated the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs, carrying out their activity in the Customs Affairs domain, and on the basis of RTU proposals, according to the procedure, established by the Russian FCS;

in the procedure of the departmental control, checks the legitimacy and relevance of the taken and carried out by customs inspection decisions, actions (inactivity) of subordinate Customs Authorities and subordinate Customs officials;

in regard to the Main Directorate competence, works out the proposals on changing the customs inspection strategy, on the assumption of risk assessment measurement system, as well as on improvement of the technologies of customs operations and control, including the control after the release of goods;

participates in the making of human resources policy of the Customs Control after Release of Goods structural subdivisions of the Customs Authorities, in accordance with the Main Directorate activity domains;

develops typical statutes on the departments of the Customs Control after Release of Goods of the Regional Customs directorates and Customs offices, participates n in the development of common and individual statutes for the regional Customs directorates and Customs offices;

works out the forms of statistical accounting in accordance with the Main Directorate activity domains;

collects, consolidates and analyzes the data of the summary statistical accounting and information, provided by the Customs Authorities with the Main Directorate activity domains;

participates in organization and preparation of the analytical findings to the conferences of boards, meetings and other events, held by the Russian FCS;

within its competence, provides the application of the information technologies;

prepares any technical specifications and participates in preparation of technical requirements for the software development of the Unified Automatic Information System of the Customs Authorities, in accordance with the Main Directorate activity domains;

within its competence, organizes the activity as to comply with the privacy of the information, received by the  customs inspection, as well as the protection of the data, constituting the State, bank, tax and other secretes, protected by the law;

participates in the organization of professional training, retraining and professional development of the officials of the Main Directorate and the Customs Control after Release of Goods departments of the Customs Authorities, as well as organizes and holds meetings, seminars and practical training;

prepares the orders of carrying out of certain forms of the customs control by the Customs Authorities of the Customs Union member-states within the framework of  Agreement on Mutual Administrative Assistant of the Customs Union Member-states, dated 21 May, 2010;

within its competence, participates in the risk management system improvement, the analysis of the result of measures application to minimize the risks and in  preparation of  proposals to increase the effectiveness of implementation of the risk management system, in accordance with the Main Directorate activity domains;

organizes, coordinates and controls the holding of information analysis and other activities, including those with application of the risk management system for the choice of customs inspection objects;

works out targeted methods of risk detection in accordance with the Main Directorate activity domains, approves the targeted methods of risk detection, developed by regional Customs Directorates and offices, within the Main Directorate scope;

studies the international experience of organization and conducting of  the customs control after the release of goods;

within its competence, exercises other functions by application of the risk management system, stipulated by regulatory and other legislative acts of the Russian FCS;

exercises other functions, if such functions are stipulated by Federal laws, acts of the President of the Russian Federation and the Russian Federation Government, regulatory and other legal acts of the Federal Customs Service of Russia.

 

The Main Directorate Rights

The Main Directorate to achieve the goals and fulfil the functions that were set for it, has the right to:

receive for review and systematic record-keeping of regulatory and other legal acts and documents, arriving to the Russian FCS, either in the form of hard or soft copies;

introduce the proposals, concerning the Main Directorate activity, to the Russian FCS management;

require and receive from the Russian FCS departments, the Customs Authorities and institutions under the jurisdiction of the Russian FCS any indispensable statistical, analytical and other information types, as well as documents, conclusions and data, necessary to take decisions concerning the Russian FCS and the Main Directorate activity scope;

engage the officers of the Russian FCS departments and the Customs Authorities in assistance in problem solving, concerning the Main Directorate scope, for the preparation of any regulatory and other legislative acts, according to the established procedure;

carry on correspondence with the State and Federal Executive Authorities, the Authorities of the Russian Federation constituent territories, as well as with organizations and citizens concerning the Main Directorate scope, in cases, defined by the Head of the Russian FCS;

participate in the work of consultative and expert authorities within the Main Directorate scope;

within its competence, collaborates  with the State Authorities, law enforcement and inspecting State Authorities, the Executive Authorities of the Russian Federation constituent territories, local government authorities and other organizations, as well as with officers and citizens;

according to the established procedure, require and receive any documents and data, concerning the Russian FCS and the Main Directorate scope from the State Authorities, local government authorities, banks and other credit organizations, profit and non-profit organizations and unions, disregard the property and dependence category, as well as officers and the Russian Federation citizens, foreign citizens and persons without citizenship;

according to the established procedure, engage in problem solving, concerning the Main Directorate scope, of any scientific and other organizations, as well as scientists and specialists;

provide legal entities and persons with explanation, in regard to the Main Directorate scope;

according to the established procedure, schedule the examination of goods or documents, containing the information about the goods or about any operations (actions) carried out with them;

have access to all the customs inspection data and other inspecting activities, conducted by the departments of the Customs control after release of goods of the Customs Authorities;

according to the established procedure, use any departmental information systems, as well the ones, received from the collaboration with the Customs Authorities of the Customs Union member-states, the Russian Federation State Authorities, the Authorities of the State inspection (control) of the Customs Union member-states, within the framework of EurAsEC and create its own databases;

within the Main Directorate activity scope, prepare the drafts of degrees on cancellation (revision), recognition as incompliant to the Customs Code of the Customs Union and the Russian Federation legislation on Customs Affairs of the decisions, actions (inactivity) of the subordinate Customs Authorities or subordinate Customs officials in the Customs Affairs domain;

organize the inner planning of the Main Directorate to control in time fulfilment of the functions, entrusted to the Main Directorate, in accordance with the present Statute and guidelines of the Russian FCS Administration;

prepare the drafts of decrees and take decisions in the Customs Affairs domain, basing on the results of the customs inspections, carried out by the Main Directorate, in the cases, stipulated by regulatory and other legal acts of the Russian FCS;

The Main Directorate uses other rights, stipulated by the Customs Code of the Customs Union and the Russian Federation legislation.

 

Concluding provisions

The Main Directorate Head:

administers the Main Directorate activity on the basis of the integrated authority principle;

takes part in meetings, held by the Russian FCS Board, when considering the issues, in regard to the Main Directorate scope;

distributes responsibilities among his deputies;

provides the recruitment and arrangement of the Main Directorate staff, maintain the compliance with the office discipline;

creates the conditions for professional training of the Main Directorate officers  and deployment of the best practices and methods of work;

according to the established procedure, puts forward the nomination for special titles and grade ranks for the Main Directorate officers, their post appointment, as well as proposals for their reward or imposition of disciplinary penalties;

according to the established procedure, puts forward proposals for business trips to foreign countries and about the Russian Federation of the Main Directorate officials;

takes measures to provide the Main Directorate officers with necessary service conditions;

ratifies Statutes on the Main Directorate departments;

signs documents and sets up the control over their fulfilment, within his competence, on the basis of and in execution of the Russian Federation Legislation;

according to the established procedure, represents the Main Directorate in government bodies and other organizations;

organizes and plans the Main Directorate activity, as well as collaboration with other Russian FCS structural subdivisions and concerned departments of the Federal Executive Authorities, the Executive Authorities of the Russian Federation constituent territories and scientific institutions.

on behalf of the Russian FCS takes decisions, according to the procedure of the departmental control about revocation (change) of the decisions, which were taken by carrying out of customs inspection, but are not compliant with the requirement of the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs, as well as takes any measures, stipulated by  the Customs Code of the Customs Union and the Russian Federation Legislation on Customs Affairs, in regard to illegal actions (inactivity) of the subordinate Customs Authorities or any subordinate Customs officials, by carrying out of customs inspection;

takes decisions in the Customs Affairs domain on the results of Customs inspections, carried out by the Main Directorate, in the cases, stipulated by regulatory and other legislative acts of the Russian FCS.

uses rights, fulfils duties and bears responsibility in accordance with the Russian Federation legislation.

The Head of Main Directorate is personally responsible for carrying out of the main functions entrusted for the Main Directorate, including the fulfilment of the programs, plans and the Russian FCS activity indices within the Main Directorate activity scope.

Assignment of functions to the Main Directorate, which are not set by the present Statute, except special (recipient-oriented) errands of the Head of the Russian FCS, is not allowed.



[1] Departments of Customs Control after Release of Goods are regarded as the Russian Federation Customs Authorities departments, functions of which include carrying out of customs inspection.