Movement by individuals of vehicles for personal use and their declaration

Topic No. 5. Customs operations performed by individuals when moving goods across the customs border for personal purposes not related to commercial activities

The classification of goods transported by individuals across the customs border as goods for personal use is carried out by the customs authority using a risk management system based on:

1. Declarations of an individual about goods

2. The nature and quantity of goods

3. Frequencies of movement

If, under the guise of goods for personal use, goods imported for the purpose of their use in entrepreneurial activity are declared and released, then such goods are considered illegally imported and Chapter 49 of the Customs Code of the Customs Union does not apply to them, and these goods and individuals are held liable.

When importing or exporting goods, prohibitions and restrictions apply. Measures of non-tariff and technical regulation are not applied to goods for personal use.

If other types of control are provided for goods, then the release of goods is possible only after they have passed.

Goods for personal use imported into the customs territory and subject to declaration are under customs control from the moment of crossing the border and until:

1. Their release for the purpose of circulation without restrictions on use and circulation

2. After payment of due duties, taxes

3. Placement under the procedure of refusal in favor of the state or destruction

4. Actual export

5. Destruction due to accident or force majeure

Goods for personal use subject to declaration are under control from the moment of registration until crossing the border.

Goods for personal use, in respect of which no declaration is made, are not exempt from customs control.

At the points of arrival or departure of goods, a double corridor system can be applied: red and green. The red corridor is marked with a red square; when entering it, the declarant must declare the goods in writing. The green corridor is indicated by a green octagon.

At the request of a person, the following customs operations may be performed in relation to the goods being moved:

1. Placement of goods in temporary storage

2. Premises for customs procedures

3. Removal of goods if they did not leave the place of arrival

In the event that persons do not perform customs operations in relation to or are unable to release them, these goods are subject to detention (Chapter 21 of the Customs Code of the Customs Union).

When temporarily imported auto-motto vehicles for personal use are released and subject to customs declaration with exemption from customs payments, the period of temporary import shall be indicated in the passenger customs declaration.

The initial period is three months , in order to extend the period of temporary import, the declarant before the expiration of the period is obliged to apply to the customs authority with an application in any form on the need for extension and without fail to present the original passenger customs declaration.

When making a decision on the extension, the official in the column for official marks indicates the new period of temporary importation, certifies with a personal seal, puts the date and signature.

The original of the declaration is returned to the declarant, the application and a copy of the declaration remain with the customs authority that carried out the extension.

The customs authority that has carried out the extension shall inform the customs authority where the entry has been made.

The declaration of goods for personal use is carried out by an individual when he is crossing the customs border and with the obligatory simultaneous presentation of goods to customs control.

Declaration is carried out in writing using the passenger customs declaration.

An individual has the right to declare goods that are not subject to declaration in writing, at will.

The following shall be subject to customs declaration in writing:

1. Goods carried in unaccompanied baggage

2. Goods transported by any means, for which prohibitions and restrictions are applied, except for measures of technical and non-tariff regulation

3. Goods moved by any means, including temporarily imported goods, the value and quantity of which exceeds the norms with exemption from customs payments.

4. Vehicles temporarily exported and re-imported into the customs territory

5. Cash in cases established by the customs legislation

6. Cultural values

7. Goods carried in accompanied baggage, if the person carrying these goods is carrying goods in unaccompanied baggage.

Customs representatives may act as declarants.

Declaration of goods by persons under the age of 16 is not performed. Guardians, parents and third parties act as the declarant.

When declaring, the declarant must:

present the documents on the basis of which the passenger declaration is filled out, including those confirming the payment of customs duties

Present goods at the request of an official

Present permits

There are restrictions on the use of goods for personal use, namely in relation to vehicles registered in the territory of a foreign state and imported by foreign citizens.

The maximum period of use of such vehicles is 1 year

The transfer of such vehicles to third parties is prohibited.

Movement by individuals of vehicles for personal use and their declaration

The customs authorities issue a title for all vehicles imported into the customs territory from foreign countries when it is declared. When issuing a PTS, an environmental class certificate is issued. If necessary, the customs authority, the customs authority may require documents confirming the environmental class of the vehicle.

If confirmation is not possible, the PTS will not be issued. Title is not issued in the absence of payment for the disposal fee.

The purpose of the cars is determined by the customs authority based on the application of the person, as well as the number and frequency of movement, taking into account generally accepted international norms and practices, as well as all the circumstances of the trip.

Ways to import cars:

1. Import by an individual

2. Import as unaccompanied baggage

3. Forwarding to an individual

Persons recognized as refugees or internally displaced persons, as well as those relocating from foreign countries to the Russian Federation can import cars without paying customs duties and taxes (if this car was purchased in the Russian Federation).

Customs payments are collected with the execution of a customs receipt order. Customs declaration is carried out where the person permanently resides. When the car arrives at the checkpoint, the declarant places the goods under the transit procedure.

The carrier / owner / notifies the customs authority of the border crossing and draws up a passenger customs declaration, which is subsequently submitted to the customs authority at the place of residence, where the final customs declaration of the car is made.

At the checkpoint, an individual is required to provide the following documents:

1. Identity document

2. Document for the right to own a car (purchase and sale agreement, invoice for buying a car)

3. Vehicle data sheet

4. Guarantee certificate, customs receipt, surety agreement and other documents necessary to ensure payment of customs duties and taxes.

5. If an individual applies for benefits, then – respectively, documents confirming the availability of such benefits.

The car must be presented to the customs control zone in the region where the customs post operates, where the declaration will take place.

An individual / carrier is obliged to notify the customs authority of arrival in the customs control zone. After receiving notification of arrival, the inspector performs the following actions:

1. Checks the actual arrival

2. Checks the delivery date

3. Carries out vehicle identification (inspection)

4. Puts down on the transit declaration or a document replacing it (bill of lading) that the goods have arrived, certifies with a signature, puts a seal

If earlier monetary funds were deposited on the deposit of the customs authority as a security for delivery, then, at the request of an individual, they are credited against payment of payments.

For the final declaration to the customs authority, the following documents must be submitted:

1. Application with a request to declare a car and transfer funds towards payment of payments

2. Passenger Customs Declaration (PTD)

3. Technical data sheet

4. Purchase and sale agreement or invoice

5. Passport of an individual

6. Documents used in transit

7. Confirmation of the environmental class of the car

If there are no grounds for the impossibility of releasing the car, then a note is made in the PDD about the release of the car, after which the individual is issued with a PTS and TPO (customs receipt order) or another document confirming the payment of payments.

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