Federal Customs Service in 2010: Figures and Facts
OREANDA-NEWS. January 27, 2011. 1. The annual task on gathering of customs payments is carried out in new economic conditions of 2010
Customs bodies have executed a control indicator on transfers in the budget on December, 20th. This day it has been collected by 4 bln. 115,46 billion roubles. (For 2010 the predicted sum of incomes of the budget administered by customs bodies has been established at a rate of 4 bln. 097,31 billion roubles.)
FCS of Russia spent system purposeful work on maintenance of authentic declaring, control of customs cost, application of a control system by risks, use of forms of control after release of the goods (postaudit) in a combination to law-enforcement activity. Gathering of customs payments has been provided by customs bodies including at the expense of effectively organized administration of import, in particular – on such import components as the VAT, the import customs duties, excises and other receipts from foreign trade activities.
Each customs officer has provided receipt in the federal budget of 62,3 million roubles in 2010. Daily customs payments on the average 17,1 billion roubles arrived in the federal budget.
2. Transition to application of the customs legislation of the Customs union is provided
Integration processes on space of Russia, Belarus and Kazakhstan were the major event of 2010. Within a year continuous work on working out of the customs legislation of the Customs union including the Customs code of the Customs union, the international agreements and decisions of the Commission of the Customs union was carried out.
On January, 1st, 2010 within the limits of EurAsEC uniform measures of nontariff regulation have been entered. The Customs code of the Customs union – the basic document regulating customs legal relationship in the Customs union on July, 1st, 2010 has come into force. The Federal law "On customs regulation in the Russian Federation" on December, 29th, 2010 has come into force.
The customs union has started to work in conditions when preparation of standard base hasn't completely come to the end yet. FCS of Russia has undertaken a series of measures for smooth transition to the new legislation. The taken organizational measures and multilateral explanatory work have provided uninterrupted transition to application of the new legislation. For the purpose of the operative decision of the problem questions arising in work of customs bodies and rendering assistance to employees Situationally-consultation center FCS of Russia has been created. The edition of some letters FCS of of Russia has provided uniform application of norms of the legislation taking into account the features of technological character connected with new rules of moving of the goods in the Customs union and through limits of customs territory of the Customs union.
Special role in informing of participants of foreign trade activities "the hot line" organized in FCS of Russia at all levels – central office, regional customs offices, customs has played from July, 1st till September, 30th, 2010. The hot line has allowed participants of foreign trade activities to ask personally to experts of profile customs divisions any questions connected with functioning of the Customs union. Only for the first month of work on phones of "hot lines" customs bodies there were over 9500 calls and from them more than half (nearby 4900) on phone of FCS of Russia. In total over 15 thousand calls has arrived. Thanks to subsection "Question-answer" on Internet site of FCS of Russia participants of foreign trade activities operatively received the qualified explanations. The big help in informing of participants of foreign trade activities was rendered by mass media including regional and local.
In customs bodies training of officials to work in the conditions of the changed customs legislation has been carried out; over 35 thousand customs officers have taken part in total testing .
Taking into account practice of application CC CU, work on perfection of the customs legislation of the Customs union, generalization of offers of customs bodies on modification in CC CU, the international agreements and decisions of the Commission of the Customs union was also spent.
3. Customs procedures are simplified
CC CU completely leans against norms of the International convention on simplification of customs procedures (the Kyoto convention). FL "On customs regulation in the Russian Federation" corresponds to modern lines of development of customs business. It simplifies export of the hi-tech goods and optimizes customs operations. A number of its positions is directed on stimulation of innovative activity of the Russian enterprises. The customs legislation combines interests of business and effective system of the state control.
In particular, terms of fulfillment of customs operations are minimized: at goods release - till 2 days (with 3), at goods export when payment of duties isn't required – till 4 o'clock. GCD is registered within 2 hours, the transit declaration -within 1 hour .
CC CU provides a new kind of activity in sphere of customs business that is the authorized economic operator. The authorized economic operator included in the corresponding register can apply the special simplifications providing time storage of the goods in the warehouses (the open areas, other territories), release of the goods before giving of the customs declaration, carrying out of the separate customs operations connected with release of the goods is direct in warehouses (the open areas, other territories) the authorized economic operator.
Conditions for transition of the legal bodies rendering services in the field of customs business, to work in the conditions of the changed legislation are created. The weighed criteria are established at their exception of registers. In particular, at an exception of registers of the persons who are carrying out activity in the field of customs business, in connection with the administrative offenses done by them will consider the size of the administrative penalty which reflects weight of perfect offenses. Requirements to arrangement, the equipment and a site of warehouses of time storage, customs warehouses and duty free shops are concretized.
Export of not raw goods which are not assessed with the export customs duties is simplified. Simplifications include the reduced list of given documents and data which are subject to the statement to customs bodies. Thus customs cost isn't defined, not declared and doesn't prove to be true. For observance of the 4-sentry of term of release concerning not raw export which is not assessed with the export customs duties, in customs bodies actions of organizational-administrative character have been carried out.
The order of time import (admission) and time export of commercial and scientific samples is simplified. If their cost doesn't exceed 300 thousand roubles, at will of the customs applicant they can be declared in the simplified order with application as the customs declaration of the written statement of the organization – the addressee or the sender.
For realization of priority national projects, federal target programs of development of the industry import of the process equipment and corresponding raw materials is required. As it is known, the government pursues a policy of stimulation of import of the equipment: on separate kinds of the process equipment rates of the import customs duties (or "zero" rates are established) are lowered, and the process equipment, which analogs aren't made in Russia, is released from VAT taxation. From its part, FCS of Russia has simplified an order of moving of the hi-tech equipment and delivery of classification decisions on such goods which can arrive in the disassembled kind during half a year and more. For 11 months of 2010 438 classification decisions which will serve development of the domestic industry were accepted.
In CC CU it is provided that features of declaring of the goods moved in not collected or disassembled kind (also in incomplete or incomplete) can be established. In FL "On customs regulation in the Russian Federation" articles defining features of declaring of such goods (conditional release of components is provided) and also an order of decision-making on classification, change, cancellation and also about representation of the additional information are included. For convenience of participants of foreign trade activities the instruction is prepared how to classify according to Goods Nomenclature of Foreign Trade Activity of Customa Union the goods delivered in the form of components and thus what features of filling GCD are.
4. Electronic declaring, including through the Internet, has exceeded a 50 percent boundary
Internet technology introduction at electronic representation of data that is one of priority problems of customs bodies in 2010. Since 2014 full transition to a paperless turn and technology of representation in electronic form the customs declaration and documents on which basis it is filled is provided.
Today 100 % of the customs posts accepting the declarations are ready to work on technology of electronic declaring. Transition to Internet declaring substantially depends on participants of foreign trade activities, from their interest in application of information technology. Growth of interest of business community to application of the newest technologies of customs control is marked. Customs bodies in December, 2010 daily made out over 53,5 % of declarations in electronic form, including about 51,5 % with Internet use. More than 30,6 % of participants of foreign trade activities used Internet declaring.
The legal basis for introduction of technology of remote release of the goods which along with preliminary informing and electronic declaring deduces customs administration on qualitatively new level is created. A basis of technology of remote release is division of process of customs control into documentary and actual control which carry out various customs bodies. It allows to reduce a stream of the supersize motor transport following in big cities, simplifies document circulation, cuts expenses of participants of foreign trade activities, reduces time of carrying out of customs operations concerning the moved goods. In the list of the customs posts participating in realization of technology of remote release, 36 internal and 27 frontier customs posts already entered by the end of the year.
For creation of system of preliminary informing of customs bodies FCS of Russia the portal "Electronic representation of data" placed on the address: http://edata.customs.ru/Pages/Default.aspx is created and allowing to participants of foreign trade activities to give the preliminary information on the goods and vehicles in the electronic form before crossing of customs border of the Russian Federation by them. Advantages of such representation of the preliminary information are its availability, simplicity in use and absence of financial expenses.
5. The structure of customs bodies is optimized, places of their placing are specified
FCS of Russia has continued carrying out of actions for realization of the Concept of customs registration and customs control of the goods in the places approached to frontier of the Russian Federation. Regional centralization of customs bodies raises efficiency of struggle against contraband and other offenses. The released established posts and budgetary funds are redistributed in customs bodies on border and in the country. The customs bodies making out considerable volumes of the foreign trade cargoes receive additional working resources.
In May, 2010 Stavropol customs was attached to Mineralovodsk one. In connection with formation of new federal district since July, 12th, 2010 the North Caucasian customs office is created and since October, 20th, 2010 the North Caucasian operative customs is created.
Since October, 1st, 2010 the structure of customs bodies in Privolzhye is optimized: Kirov, Mari and Chuvash are attached to the Nizhniy Novgorod customs, Udmurt is attached to the Perm customs, Penza and Mordovian are attached to Ulyanovsk customs.
Since October, 5th the Moscow regional customs is created which Zelenograd, Noginsk and Shchelkovo customs join since January, 20th, 2011.
Besides actions for liquidation of 56 and creation of 26 customs posts are carried out.
The considerable part of customs bodies is reorganized during the last years. In 2008 the Kaliningrad regional customs (by merge of Bagrationovsk, Kaliningrad and Neman) is created, the Karelian customs (by merge of Kostomukshsk, Petrozavodsk and Sortavalsky), the Tolyatti customs has been attached to Samara, the Moscow customs is created and the Moscow northern customs is liquidated. In February, 2009 customs of Siberia is reorganized: Naushkinsk customs is attached to the Buryat customs, Tolmachevo customs is attached to Novosibirsk customs. Since March, 2009 customs of Moscow and Moscow Region are reorganized: Moscow east customs has been attached to the Shchelkovo customs, Moscow southern customs has been attached to Noginsk customs, Moscow western customs has been attached to Podolsk customs. Since November, 2009 Grodekovsk customs has been attached to Ussuriisk customs.
In 2010 70 packages of documents of investors on building of customs-logistical terminals in frontier regions are considered; materials of 37 investors are recognized by corresponding to the Concept of customs registration and customs control in the places approached to frontier of the Russian Federation
6. Perfection of customs control is continued
Rules of moving of the goods according to procedure of customs transit on uniform customs territory of the Customs union, the form and an order of filling of the transit declaration, an order of fulfillment of customs operations, activity of customs carriers in uniform customs territory of the Customs union are unified. Within 11 months of 2010 according to a customs procedure of customs transit control over transportation more than 2,3 million consignment of goods is carried out. The percent of nondelivery hasn't exceeded 0,01 %.
For the named period by customs bodies it is raised and transferred in Federal Service of Financial Prosecutions more than 11 thousand affairs about administrative offenses to the sum more than 200 bln. roubles of which about 70 % in cost expression have made the infringements connected with illegal currency transactions, spent on the basis of counterfeit customs declarations. In 2010 customs bodies have revealed over 8 thousand the void documents presented for customs declaring regarding observance of interdictions and restrictions.
The important role in struggle against contraband and other infringements is played by the technics, allowing to supervise transportation of the goods. In customs bodies 32 units of customs X-ray engineering, 109 units of customs means and search means, 337 means of control are put.
Equipment of check points through frontier of the Russian Federation stationary customs systems of detection of sharing and radioactive materials has reached 96 % in 2010. Thanks to their use in 180 cases, in coordination with bodies of Federal Service of Financial Prosecutions, the decision on an import interdiction of the dangerous goods to Russia and their return to the adjacent states was made.
In customs bodies 42 mobile and 9 stationary inspection-viewing customs complexes (IVC) function which have been proved as the effective tool of revealing and the prevention of customs offenses. In MAPP Ozinki (the Saratov customs) stationary IVC is placed in operation. Actions for commissioning of 6 more stationary IVC are carried out.
With application of IVC 680 thousand surveys of the goods and vehicles are done within 10 months. By their results 1884 business about administrative infringements and 30 criminal cases are raised. In particular, by means of IVC more than 1,6 tons of narcotics from which half was a share heroin were withdrawn for the last three years from illegal circulation.
Since January, 1st, 2011 new forms of the declaration on the goods and the transit declaration, the instruction on an order of their filling, the qualifiers used for filling of customs declarations, and also structures and formats of electronic copies of the declaration on the goods and the transit declaration come into force. It finishes a stage of formation of the uniform legal base regulating questions of customs declaring of the goods in member states of the Customs union.
7. Law-enforcement divisions of customs bodies effectively combated crimes in sphere of customs business, including with contraband of drugs
During customs control of persons, vehicles and the cargoes following through customs border and also the operatively-search actions spent independently or in interaction with the Russian and foreign law enforcement bodies 3873 criminal cases are raised within 11 months 2010 . It is 29 % less than for the similar period of last year. Indicator decrease is caused, first of all, by liberalization of the criminal legislation: the large size of cost of goods illegally moved through customs border has increased from 250 thousand rbl. to 1,5 million rbl. for item 188 of the criminal code of Russian Federation (contraband), large and especially large sizes of unpaid customs payments – from 500 thousand rbl. to 1,5 million rbl. and from 1,5 million rbl. to 6 million rbl. for item 194 of the criminal code of Russian Federation (evasion from payment of customs payments), the large size of the means not returned from abroad in foreign currency – from 5 million rbl. to 30 million rbl. for p. 193 criminal codes of Russian Federation (defection from abroad means in foreign currency).
It is necessary to note professionalism of employees of law-enforcement divisions of FCS of Russia. By results of operatively-search activity 3287 criminal cases are raised. On the facts of contraband, a perfect group of persons 234 criminal cases are raised.
Illegally moved goods and vehicles for the sum of 10,9 billion rbl., unpaid customs payments – for the sum of 487,4 million the rbl. which haven't been returned from abroad of means in foreign currency – for the sum of 116,3 billion rbl. are revealed.
From illegal circulation 85 kg of hashish, 100 kg of marijuana, 14 tons of a grass ephedra are withdrawn more than 14 tons of narcotics, psychotropic and strong substances, including about 280 kg of heroin, more 143 kg of cocaine. About 2 tons of precursors are detained.
47 operatively-search actions and the international operations on a method "controlled delivery" are done.
For the purpose of interaction strengthening on the post-Soviet territory in 2010 active work within the limits of Committee of heads of law-enforcement divisions of customs services of the CIS which coordinates actions of customs bodies on struggle against contraband on space of the CIS was conducted. Law-enforcement divisions of customs bodies have taken part in preparation and carrying out of 12 joint international operations in the area of struggle against a drug trafficking and other subjects of contraband.
FCS of Russia is developed actively by interaction with foreign law enforcement bodies, including with customs services of member states of the Customs union. Its law-enforcement divisions carry out interaction with the Interpol, Europol and other international organizations and also with police structures of the countries Western, Central and the Eastern Europe.
8. Intellectual property protection: the customs is in the lead in a rating of trust of legal owners
In 2010 it was possible to solve key questions on protection of intellectual property rights in the Customs union. The intergovernmental agreement signed in December, 2010 on uniform principles of protection of intellectual property rights in the Customs union became landmark result on a way of creation of Uniform economic space.
In FL "On customs regulation in the Russian Federation" the norms allowing customs bodies to stop release of the goods of counterfeit legal owners having signs without the statement (power "ex-officio") are entered.
According to the data of Association of the European business 45 % of legal owners consider that among the state structures customs bodies most effectively stop streams of counterfeit, 21 % prefer FAS, 13 % gave their preference to special divisions of the Ministry of Internal Affairs. Within three quarters of 2010 customs bodies have raised 836 affairs about the administrative offenses connected with moving through customs border of the Russian Federation of the goods containing objects of intellectual property and having signs of counterfeit (826 affairs under article 14.10 of Code of Administrative Offense of the Russian Federation, 10 affairs on p.1 articles 7.12 of Code of Administrative Offense of the Russian Federation). Thus 8,6 million units of counterfeit production are revealed.
In the research of the Higher school of economy spent in 2010 "Change of scales and forms of struggle against counterfeit production in the Russian market of consumer goods" is underlined that the customs register still is the basic tool of protection of the rights to intellectual property. In December, 2010 in the customs register there was 1831 object of intellectual property.
Cooperation of customs bodies with representatives of legal owners, enforcement authorities, public organizations, customs administrations of foreign countries is strengthened. On a regular basis sessions of joint working group FCS of Russia and NP "RusBrend" on protection of intellectual property rights are held. The Regulations of informing of Federal customs service about the reception facts by the Russian and foreign organizations of the status of the world partners the IOC, IPC and marketing partners of ANO "Organizing committee "Sochi 2014" are confirmed. As a result of interface of information systems customs bodies have got access to the databases conducted by Rospatent. The Ministry of Internal Affairs of Russia, Office of Public Prosecutor, judicial and other bodies and representatives of legal owners, and also six regional practical seminars (Ekaterinburg, St.-Petersburg, Bryansk, Kemerovo, Nizhny Novgorod, Astrakhan) are held the All-Russia seminar in Blagoveshchensk with participation of officials of customs bodies, Rospatent.
On November, 23rd, 2010 the Memorandum between Federal customs service and the Main customs office of the Chinese National Republic about cooperation strengthening on protection of intellectual property rights is signed.
9. Fight against corruption: suppression and preventive maintenance
Divisions of own safety of customs bodies play a key role in revealing and control of offenses of a corruption orientation in customs sphere. In 2010 94 % of criminal cases on crimes of a corruption orientation were raised on materials of divisions of own safety of customs bodies. It is one of the highest indicators for structures of own safety of federal enforcement authorities.
Within eleven months of 2010 on materials of divisions of own safety of customs bodies 361 criminal case concerning 191 officials of customs bodies on crimes against interests of public service or made with use of office position are raised. From them 307 criminal cases were raised concerning 158 officials, on crimes of a corruption orientation, including 69 affairs were raised on the facts of reception of a bribe. Besides, 48 criminal cases are raised in the relation of 49 bribers.
In 2010 4 criminal cases under item 210 of the criminal code of Russian Federation (the organization of criminal community or participation in it) are raised. Employees of Management of own safety FCS of Russia have stopped criminal activity of a group of persons in which relation in November, 2010 criminal case on p.4 item 159 of the criminal code of Russian Federation (swindle) has been brought.
Except bringing to criminal liability of the persons who have violated the law, customs bodies pay much attention to the prevention of offenses. This work begins already at a stage of reception of candidates on service in customs bodies. For 9 months of 2010 division of own safety have checked up 13528 candidates on service from which 392 are rejected on negative circumstances, including 31 persons are rejected for communication with criminal structures.
To exclude occurrence in departmental legal certificates of the norms creating conditions for extortion and bribery, divisions of own safety conduct the analysis of their projects and separate decisions of the customs bodies concerning customs registration and customs control, on conformity to their current legislation and on corruption. For three quarters of 2010 43074 projects of standard legal certificates and separate decisions of customs bodies are analysed, from them 452 are returned with remarks or haven't been coordinated.
267 sessions of the commissions on observance of requirements to office behavior of the state civil servants and settlement of conflicts of interests concerning 1060 federal civil servants are done. As a result 235 infringements of office discipline on which office checks have been spent are revealed.
10. The international authority of FCS of Russia has become stronger
In the course of formation of the Customs union interaction of FCS of Russia with customs bodies of Belarus and Kazakhstan is strengthened.
In 2010 also contacts to customs services of the states-participants CIS, especially – with the Ukrainian customs service actively developed. Interaction with customs services of Armenia, Kirghizia, Moldova, Tajikistan, Uzbekistan was actively carried out.
Systematically cooperation with customs services of the states of the far abroad, in particular - with China (in the field of an information exchange, the customs statistics, customs control) and also with India, Republic Korea, Mongolia, Thailand developed. With the countries of Latin America – Argentina, Brazil, Venezuela, Ecuador – a number of documents on cooperation has been signed.
Contacts to customs services of Germany, Latvia, Lithuania within the limits of projects of cooperation Russia-EU and on a bilateral basis were carried out. 13 EU countries participate in the pilot project on the automated information interchange.
Increase of level of interaction with foreign customs services is promoted by work of representatives of FCS of Russia abroad. In 2010 the network of the Russian representations has been expanded. Representatives of FCS of Russia in Abkhazia, Brazil, India, Korea, Latvia, Turkey, South Ossetia and Japan have started to work as a part of the Russian embassies. In total FCS of Russia have 17 representations abroad.