Entry into Customs Registers

Legal support for inclusion in customs registers

Customs legislation provides for the maintenance of the following customs registers:

1. Register of Authorized Economic Operators;
2. Register of Customs Representatives;
3. Register of Customs Carriers;
4. Register of Owners of Temporary Storage Warehouses;
5. Register of Owners of Free Warehouses;
6. Register of Owners of Customs Warehouses;
7. Register of Owners of Duty-Free Shops;
8. Register of Intellectual Property Objects.

Below we will consider how to join the customs registers.

Entry into the Register of Authorized Economic Operators

According to paragraph 1 of Article 430 of the EAEU Customs Code, an authorized economic operator is a legal entity created in accordance with the legislation of the member states and included in the register of authorized economic operators in the prescribed manner and subject to established conditions.

The procedure for including a legal entity in the register of authorized economic operators and its exclusion from such a register, the procedure for issuing, suspending and renewing the validity of a certificate of inclusion in the register of authorized economic operators are established by the EAEU Customs Code, and in the unregulated part by the legislation of the EAEU member states on customs regulation.

Based on the decision of the Board of the Eurasian Economic Commission dated December 19, 2017 No. 186 “On the form of the register of authorized economic operators of a member state of the Eurasian Economic Union” customs authorities maintain a register of authorized economic operators in a certain form, post it on their official websites on the Internet and provide it update at least once a month (clause 1 of Article 431 of the EAEU Customs Code). The general register of authorized economic operators, the procedure for its formation and maintenance, as well as the technical conditions for the presentation of data contained in the registers of authorized economic operators maintained by customs authorities are determined by the Decision of the Board of the Eurasian Economic Commission dated December 19, 2017 No. 187 “On the general register of authorized economic operators of states – members of the Eurasian Economic Union".

Entry into the Register of Customs Representatives

A customs representative is a legal entity included in the register of customs representatives, performing customs operations on behalf and on behalf of the declarant or other interested party. The conditions for inclusion of a legal entity applying for activities as a customs representative in this register are:

1. availability of an insurance contract for the risk of civil liability of the customs representative;
2. fulfillment of the duties of a legal entity operating in the field of customs affairs;
3. absence on the day of application to the customs authority for inclusion in the register of customs representatives of an unfulfilled obligation to pay customs duties, special, anti-dumping, countervailing duties, penalties, interest;
4. compliance with other requirements and conditions established by the legislation of the Member States.

The form of the application for inclusion in the register of customs representatives is determined by Order of the Federal Customs Service of Russia dated November 23, 2018 No. 1902 “On approval of application forms for inclusion in the register of customs representatives and applications for amendments to the register of customs representatives”. The register of customs representatives is maintained by the Federal Customs Service of Russia in the form approved by Order of the Federal Customs Service of Russia dated December 13, 2018 No. 2036.

The rights of a customs representative are enshrined in Article 404 of the EAEU Customs Code and include the following:

1. performing customs operations, the customs representative has the same rights as the person who authorizes him to represent his interests in relations with customs authorities;
2. carrying out his activities, the customs representative has the right to demand from the person he represents documents and information necessary for carrying out customs operations, including those containing information constituting commercial, banking and other secrets protected by law, or other confidential information, and to receive such documents and information within a time frame that ensures compliance with established requirements;
3. the legislation of the Member States may establish the right of a customs representative to limit the scope of its activities to the performance of customs operations in relation to certain categories of goods, the performance of certain customs operations or the performance of customs operations in a separate region of activity;
4. it is prohibited to provide exclusive rights and other advantages of an individual nature to individual customs representatives.

Entry into the Registers of Customs Carriers, Owners of Temporary Storage Warehouses, Owners of Free Warehouses, Owners of Customs Warehouses, Owners of Duty-Free Shops, Intellectual Property Objects

The customs carrier carries out transportation (transportation) through the customs territory of the EAEU of goods under customs control. The status of a customs carrier is confirmed by a document, the form of which is determined by the decision of the Customs Union Commission dated May 20, 2010 No. 260 “On the forms of customs documents.” The specified document is issued by the customs authority that included the legal entity in the register of customs carriers. The conditions for inclusion in the register of customs carriers are defined in Article 407 of the EAEU Customs Code.

The owner of a temporary storage warehouse carries out storage in a temporary storage warehouse of goods under customs control in established cases (Article 410 of the EAEU Customs Code). Relations between the owner of a temporary storage warehouse and declarants or other interested parties are based on a contractual basis. Temporary storage warehouses are specially designated and equipped structures, premises (parts of premises) and (or) open areas intended for the temporary storage of goods.

The owner of a customs warehouse stores in a customs warehouse goods placed under the customs procedure of a customs warehouse, or other goods in established cases. Relations between the owner of a customs warehouse and declarants or other interested parties are based on a contractual basis. Customs warehouses are specially designated and equipped structures, premises (parts of premises) and (or) open areas intended for storing goods placed under the customs procedure of a customs warehouse. A customs warehouse is considered established from the day following the day the person of the Member State is included in the register of owners of customs warehouses.

The owner of a free warehouse places and uses in a free warehouse goods placed under the customs procedure of a free warehouse. Business and other activities may be carried out on the territory of a free warehouse in accordance with the legislation of the Member States. At the same time, the legislation of a Member State may establish a ban on the implementation of certain types of activities in the territories of free warehouses established in this Member State.

Free warehouses are buildings (parts of buildings), a complex of buildings, developed and equipped territories and (or) open areas that are guarded or have access control for individuals and within which, in accordance with the Customs Code of the EAEU, goods placed in under the customs procedure of a free warehouse, as well as other goods in accordance with the EAEU Customs Code. A free warehouse is considered established from the day following the day a person of a member state is included in the register of owners of free warehouses (see Decree of the Federal Customs Service of Russia dated March 25, 2019 No. 491 “On approval of the Administrative Regulations of the Federal Customs Service for the provision of public services for maintaining a register of owners of free warehouses).

The owner of a duty-free shop stores and sells in the duty-free shop goods placed under the customs procedure of duty-free trade to specified persons. Duty-free shops are specially designated and equipped structures and (or) premises (parts of premises), consisting of trading floors and warehouses, as well as utility rooms (if any). A duty-free shop is considered established on the day following the day on which a person of a Member State is included in the register of owners of duty-free shops. Requirements for the location, arrangement and equipment of duty-free shops, including equipment with a video surveillance system, the procedure for their establishment and operation, as well as the rules for the sale of goods in duty-free shops are established by the legislation of the Member States.

The unified customs register of intellectual property objects of the Member States, on the basis of an application from the copyright holder or a person representing his interests or the interests of several copyright holders, includes intellectual property objects protected in each Member State. One of the copyright holders of identical intellectual property objects may act as a person representing the interests of several copyright holders by agreement with other copyright holders. Objects of intellectual property that can be included in the unified customs register of intellectual property objects of the Member States include objects of copyright and related rights, trademarks, service marks and appellations of origin of goods.

Green Sector

The Federal Customs Service, in order to create simple and fast, yet effective forms of control, is introducing conditions for improving customs operations, for example, automatic registration of declarations for goods and automatic release of goods. This approach is possible if a foreign trade participant is classified as a low-risk category of violation of customs legislation or the so-called “green sector”. Categorization is carried out in accordance with the order of the Ministry of Finance of Russia dated February 21, 2020 No. 29n “On approval of the procedure for categorizing persons performing customs operations, the frequency and form of its implementation, the list of criteria characterizing the activities of persons performing customs operations, conditions for classifying persons performing customs operations , to the category of low, medium or high level of risk, the conditions for the differentiated application of risk minimization measures to them, as well as the procedure for monitoring compliance with the criteria by persons performing customs operations classified as a low-risk category”.

Monitoring compliance with the criteria is carried out through automated analysis of information using the Unified Automated Information System of Customs Authorities in order to verify the compliance of the specified persons with the stipulated conditions.

Legal services

1. Consulting on inclusion in customs registers
2. Preparation and execution of documentation for inclusion in customs registers
3. Interaction with customs authorities on issues of inclusion in customs registers