RUSSIAN FAR EAST CUSTOMS PRACTICES


16 MAR 98
FM AMCONSUL VLADIVOSTOK
INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL
SERVICE AND U.S. DEPARTMENT OF STATE, 1998. ALL
RIGHTS RESERVED OUTSIDE OF THE UNITED STATES.

SUMMARY

1. ON FEBRUARY 25, 1998 PCO STEFFENS, CA KONSTANTINOVA
AND VLADIVOSTOK INTERNATIONAL BUSINESS ASSOCIATION
(VIBA) PRESIDENT ANDREW WILSON ATTENDED A PRIMORSKIY
KRAY FOREIGN INVESTMENT ADVISORY COUNCIL MEETING ABOUT
LOCAL CUSTOMS ISSUES AND PRACTICES. VIBA PROVIDED A
LIST OF QUESTIONS IN ADVANCE OF THE MEETING, WHICH
SERVED AS THE BASIS FOR DISCUSSION. WHAT FOLLOWS ARE
VIBA QUESTIONS AND CUSTOMS OFFICIALS RESPONSES. THIS
IS THE FOURTH IN A SERIES OF CABLES ON RFE CUSTOMS.
END SUMMARY.

CUSTOMS BROKERS

2. QUESTION: ARE THE CUSTOMS BROKER INSTRUCTIONS
GOING TO BE RATIFIED THIS YEAR?

RESPONSE: CUSTOMS DECREE #573 (ON CUSTOMS BROKERS
ACTIVITY) DATED JULY 17 1996 IS BEING REGISTERED AT THE
MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION IN
MOSCOW.

QUESTION: WILL ALL EXISTING DECLARANTS BE OUT OF
JOB, OR WILL EXISTING "DECLARANT" COMPANIES STILL BE
ALLOWED TO WORK DURING THE TRANSITION?

RESPONSE: THE EXISTING DECLARANTS WILL BE ALLOWED
TO WORK DURING THE TRANSITION PERIOD FROM DECLARANT TO
BROKER.

QUESTION: WILL THERE BE ANY BROKERS IN THE
RUSSIAN FAR EAST, OR ONLY MOSCOW-BASED BROKERS WITH
LOCAL REPRESENTATIVES? WHERE WILL THE BROKERS BE
LICENSED?

RESPONSE: THERE WILL BE LOCAL BROKERS. THE
BROKER MUST BE LICENSED IN MOSCOW. BROKERS ARE TO BE
SPLIT INTO THREE LEVELS OF ACTIVITY: A) THE LEVEL OF
RUSSIAN FEDERATION, B) THE LEVEL OF REGION, AND C) THE
LEVEL OF ZONE (KRAY).

QUESTION: WILL ANY ORGANIZATION BE ALLOWED TO
APPLY FOR A BROKER LICENSE, OR WILL THE QUANTITY OF
BROKERS BE LIMITED?

RESPONSE: ANY RUSSIAN COMPANY MAY BECOME A
CUSTOMS BROKER IF THE COMPANY CHARTER DOES NOT
CONTRADICT THE DECREE ON BROKER ACTIVITY.

INTERNAL CUSTOMS TRANSIT (VTT) REGULATIONS.

3. QUESTION: TO CARRY TRANSIT CARGO FROM THE BORDER
TO A DESTINATION BY AIR ONE NEEDS TO PAY A CUSTOMS
CARRIER, TRANSFER A DEPOSIT TO A CUSTOMS ACCOUNT,
AND/OR FILL OUT A TEMPORARY DECLARATION. IS THERE ANY
ALTERNATIVE?

NOTE: A CUSTOMS CARRIER IS A JURIDICAL OR PHYSICAL
PERSON WHO TRANSITS CARGO UNDER CUSTOMS CONTROL OR IS
RESPONSIBLE FOR TRANSPORTATION ACCORDING TO CUSTOMS
LEGISLATION. IN ACCORDANCE WITH THE LEVEL OF ACTIVITY
(RUSSIAN FEDERATION, REGION, AND ZONE), CUSTOMS
CARRIERS ARE LICENSED BY THE STATE CUSTOMS COMMITTEE
(MOSCOW), BY REGIONAL CUSTOMS, OR BY ZONAL CUSTOMS
(VLADIVOSTOK OR NAKHODKA CUSTOMS).

RESPONSE: ACCORDING TO DECREE #304 ON THE
REGULATION OF TRANSIT CARGO MOVEMENT, THERE ARE THREE
WAYS TO AVOID USING CUSTOMS CARRIERS TO CARRY TRANSIT
CARGO AND TO GUARANTEE THE CUSTOMS DUTY PAYMENTS:
-- A PERSON INTERESTED IN TRANSIT CARGO MOVEMENT
SIGNS A CONTRACT WITH A WAREHOUSE OWNER WHO HAS WORKING
CAPITAL;
-- A PERSON INTERESTED IN TRANSIT CARGO MOVEMENT
SIGNS A CONTRACT WITH A WAREHOUSE OWNER WHO PROVIDES A
GUARANTEE IN KIND OF GOODS OR VEHICLES; OR
-- DECREE #218 ALLOWS A PERSON INTERESTED IN
TRANSIT CARGO MOVEMENT TO OBTAIN THE RUSSIAN BANK
GUARANTEE WHICH HE MAY SUBMIT TO ANY CUSTOMS OFFICE.

QUESTION: MAY EXPORT CARGO THAT HAS PASSED
THROUGH CUSTOMS CLEARANCE AND PAYMENTS BE MOVED WITHIN
RUSSIA BY AN AIR COMPANY WHICH DOES NOT HAVE A CUSTOMS
CARRIER LICENSE?

RESPONSE: EXPORT CARGO THAT HAS PASSED THROUGH
CUSTOMS CLEARANCE AND PAYMENTS MAY BE MOVED WITHIN
RUSSIA BY ANY AIR COMPANY.

BRINGING IN PERSONAL EFFECTS

4. QUESTION: THERE IS A PROCEDURE CALLED TEMPORARY
IMPORT FOR NON-CONSUMABLE PERSONAL EFFECTS, BUT THIS
PROCEDURE APPARENTLY CANNOT BE APPLIED TO CONSUMABLES.
THIS MEANS THAT IF A PERSON BRINGS A HOUSEHOLD GOODS
SHIPMENT OF BOTH CONSUMABLES AND NON-CONSUMABLES, HE
MUST SEPARATELY DECLARE EACH. IS THERE AN EASIER, LESS
EXPENSIVE, ALTERNATIVE?

RESPONSE: TEMPORARY IMPORT OF NON-CONSUMABLE
PERSONAL EFFECTS CONCERNS JURIDICAL PERSONS ONLY.
OFFICE FURNITURE AND EQUIPMENT ARE IMPORTED AS COMPANY
EQUITY. WHILE A COMPANY IS REGISTERING AND NON-CONSUMABLE
EFFECTS ARE KEPT IN CUSTOMS WAREHOUSES,
CUSTOMS TAXES ARE NOT PAID. FOR THE IMPORT OF CERTAIN
HIGH VALUE GOODS AND COMMODITIES, A DEPOSIT MUST BE
PAID WHICH IS REFUNDED WHEN THE GOODS ARE RE-EXPORTED.
A PHYSICAL PERSON MAY TEMPORARILY IMPORT ONLY A
VEHICLE.

NOTE: A JURIDICAL PERSON IS AN ORGANIZATION THAT ACTS
UNDER CIVIL LAW ON BEHALF OF ITS OWN NAME/DESIGNATION.
IT IS AN AUTONOMOUS UNIT WHICH CARRIES RESPONSIBILITY
FOR ITS DEBTS. IT MAY BE AN ORGANIZATION, ENTERPRISE,
INSTITUTION, COMPANY, CORPORATION, OR FUND - PRIVATE,
NON-GOVERNMENT, OR GOVERNMENT.

QUESTION: THE CUSTOMS DUTY FOR CONSUMABLE
PERSONAL EFFECTS IF THE WEIGHT IS FROM 50 KILOGRAMS TO
200 KILOGRAMS AND VALUE FROM $1,000 U.S. TO $10,000
U.S. IS 4 ECU PER KILOGRAM AND 7 ECU PER KILOGRAM FOR
UNACCOMPANIED CONSUMABLE PERSONAL EFFECTS EVEN FOR
BUSINESSMEN WHO DO NOT INTEND TO USE THESE ITEMS FOR
COMMERCIAL SALE. WHY IS CUSTOMS CHARGING DUTY ON SMALL
SHIPMENTS OF PERSONAL EFFECTS?

RESPONSE: THE CUSTOMS DUTY FOR CONSUMABLE
PERSONAL EFFECTS IS ASSESSED ACCORDING TO RUSSIAN
FEDERATION DECREE # 808 OF JULY 18, 1996. (COMMENT:
CUSTOMS OFFICIALS DID NOT PROVIDE A CLEAR ANSWER TO
THIS QUESTION.)

QUESTION: RFE CUSTOMS HAS STEPPED UP
CONFISCATIONS OF STANDARD INTERNATIONAL ELECTRONIC
EQUIPMENT SUCH AS LAPTOPS, CELLULAR PHONES AND GLOBAL
POSITIONING SYSTEM (GPS) DEVICES. CAN YOU PLEASE GIVE
US GUIDANCE ON WHAT CAN AND CANNOT BE IMPORTED AND WHAT
DOCUMENTATION, IF ANY, IS NEEDED?

RESPONSE: THE "GOSSVYAZNADZOR" OFFICE ISSUES
PERMITS TO ALLOW IN ELECTRONIC EQUIPMENT THROUGH THE
BORDER. APPLICATIONS SHOULD BE SUBMITTED IN ADVANCE.

HUMANITARIAN AID

5. QUESTION: WE HAVE HAD SEVERAL REQUESTS FOR MORE
INFORMATION ABOUT HOW TO CERTIFY, CLEAR, AND DELIVER
VARIOUS KINDS OF HUMANITARIAN AID RANGING FROM FOOD TO
MEDICAL EQUIPMENT AND SUPPLIES. IS THERE A REGIONAL
COMMISSION WHICH REGULATES HUMANITARIAN AID SHIPMENTS
TO WHOM VIBA MEMBERS COULD TURN FOR ASSISTANCE WITH
THEIR QUESTIONS?

RESPONSE: FOODSTUFFS, MEDICINE, AND CLOTHES
PASSED WITHOUT COMPENSATION TO NEEDY PEOPLE ARE
CONSIDERED TO BE HUMANITARIAN AID. THE VALUE OF THE
HUMANITARIAN AID SHOULD NOT EXCEED $100,000 U.S.. IF
IT EXCEEDS THIS, THE CUSTOMS COMMITTEE REQUIRES A
DEPOSIT WHICH WILL BE REFUNDED WHEN THE RECEIVER PROVES
THAT THE GOODS WERE USED FOR HUMANITARIAN AID.

LIST OF CONTACTS

EXPORT-IMPORT DEPARTMENT OF CUSTOMS
11 ALEUTSKAYA STREET, VLADIVOSTOK, RUSSIA
TEL: (7-4232) 412-040
CONTACT: GALINA P. TSCHERBINA, CHIEF

CUSTOMS DEPARTMENT OF SUPERVISION OF SHIPPING
OPERATIONS
KRASNOGO ZNAMENI AVENUE, VLADIVOSTOK, RUSSIA
TEL: (7-4232) 422-110
CONTACT: SERGEY B. BANNIKOV, CHIEF

DEPARTMENT OF CUSTOMS CONTROL
11 ALEUTSKAYA STREET, VLADIVOSTOK, RUSSIA
TEL: (7-4232) 412-831, 414-196, 412-095
CONTACT: ZOYA A. MATUS, CHIEF

CUSTOMS PAYMENTS DEPARTMENT
11 ALEUTSKAYA STREET, VLADIVOSTOK, RUSSIA
TEL: (7-4232) 412-844, 412-823
CONTACT: VALENTINA V. EKONOMOVA, CHIEF

This report is provided courtesy of the Business Information Service for the Newly Independent States (BISNIS)