On customs with a clear conscienceSince autumn the illicit goods imported into Russia can be legalised, within five days having paid all customs payments: order N of 532 heads FTS of Andrey Beljaninova defines an order of customs registration of the illegal import which absence did norms of the Customs code of 2003 about legalisation “ sleeping “. The order reduces risks of smugglers and can cause splash “ grey “ import, but dolgosrochno will reduce contraband volumes. Besides, the order reduces possibility of confiscation by agents of national security of contraband at importers.
the federal customs service (FTS) the order of head Andrey Beljaninova from June, 5th has confirmed an order of registration of the goods imported into the country illegally. According to order N 532 which will take effect since September if as a result of carrying out of customs control FTS contraband is found out in the businessman, automatic confiscation of the goods will not follow. Instead provided that the businessman within five days pays demanded customs payments, the goods remain legal, are not subject to confiscation and it is considered let out in the free reference on a level with imported completely legally right after payments of duties.
a deputy head a press - services FTS Vladimir Zubkov has noticed that the new order is published according to the Customs code of Russia (item 63, 124, 131 and 391). We will remind, these norms have appeared in the code in 2003, but five years remained “ sleeping “. “ Procedures on which the businessman could bring payments, were not “ - the main legal adviser of the company " speaks; FBK - the right “ Alexander Ermolenko. It, in particular, cites as an example import of cars: at acquisition in retail of the car illegally imported into Russia, it could register in traffic police, but it did not protect from risk of its withdrawal as contraband. According to the senior lawyer of the company “ Pepeljaev, Goltsblat and partners “ Elenas Belozerovoj, the owner of the illicit goods fell under articles of the Criminal code about evasion from payment of customs and tax payments. “ in the new order it is a question not of smugglers, and about the third parties which have got the goods, use it and now can prove the non-participation in a crime “ - Belozerov`s madam has explained.
According to order N 532, illegally imported goods can be stored at their owner for five days of payment of customs payment, thus fines for the sums of customs payments are not charged. According to mister Zubkov, arrest with its withdrawal will be imposed on the found out contraband, if the businessman refuses payment of duties. He has paid attention that the order enters the simplified order of customs registration of contraband: The standard is impossible, as documents and data at declaring of the goods in a generally established order can be absent. In the order it is specified that it is enough to owner of contraband to fill only the cargo customs declaration and additions to it, required for legal import.
the auditor of Audit Chamber Valery Goregljad is assured that the measures accepted FTS, will allow “ it is fair to divide importers into smugglers and careless businessmen “. As he said, diligent purchasers are not guilty that the state, as a matter of fact, has underfulfilled, having admitted contraband. Besides, the auditor has reminded, FTS on - former has the right to conduct operatively - search activity, including to establish connection between the customs applicant of the goods at customs and the smuggler.
we Will remind that FTS in the beginning of 2007 declared among priorities of the activity carrying over of accents from customs control on border at customs registration on postaudit, otherwise, on border the goods will check, as before, but a great bulk of documentary checks to spend already after goods release to the free reference. “ sleeping “ norms of the Customs code of 2003 regarding legalisation did postaudit korruptsionnoemkim by action: risks of the businessman, organising “ grey “ import, consisted in possible confiscation of all consignment of goods and its subsequent fast sale at false auctions. Customs scandals of 2007, including arrests of mobile phones in warehouses in sphere of responsibility of Sheremetevsky and Domodedovsky customs, developed under this scenario.
order N 532 does not null these risks completely and does their comprehensible to smugglers: The risk of full loss of the illicit goods for the owner, but not risks of a criminal liability and necessity of payment of custom duties is destroyed only. Full “ customs amnesty “ does not occur, but the corruption ceiling de - fakto is established within the official duty: to pay more custom duties it is not meaningful. The innovation can lead to the further growth of import and activity splash in “ grey “ an import segment (now its volumes grow at level of 50 % in a year) on the eve of New Year`s campaign of sales. However, order N 532 will raise popularity of work of legal customs brokers in Russia and will increase probability of a choice of legal schemes in import provided that FTS will quickly develop postaudit.
participants of the market welcome innovations FTS, but make comments on them extremely reluctantly. “ Norms are actual more for chelnochnikov, already any large retail company which is engaged in import of expensive clothes or jewelry, will not risk business for the sake of one party. Risks are too great “ - the representative of large jeweller holding speaks. “ grey “ the market luxury and clothes remains to one of the greatest. So, on Friday at meeting on textile branch at president Dmitry Medvedev the contraband share in the market of import textiles and clothes was estimated in 50 %. The interlocutor " However, makes a reservation; “ in jeweller business, in Russia operate business - directions, for which “ grey “ import remains actual technology of work. It cites as an example the market of furniture and business “ Three whales “ believing that there there are not enough changes with 2001 - 2002.
we will note, “ grey “ import to Russia - a problem not only FTS, but also the Central Bank of Russia and the Ministry of Finance. Considerable part of infringement by law banks “ About legalisation counteraction... “ (law N 131) consists not so much in “ cashing in “ money resources, how many in an illegal conclusion for limits of Russia “ grey “ importers of money in payment of real cost “ grey “ import to suppliers. A such shadow turn as a whole representatives of Bank of Russia in 2007 estimated more than in 1 trln rbl. a year, thus, the new mechanism of legalisation of contraband has potential at least ten billions roubles of additional incomes of the budget from FTS in a year.
, ANNA - RYABOV, DMITRY - BUTRIN