Russia, Belarus and Kazakhstan

The legal framework of the Customs Union is based on international agreements and protocols executed by the member states, as well as on customs rules, regulations and resolutions adopted and approved by the authorized bodies of the Customs Union. Membership in the Customs Unit is conditioned upon accession to all valid agreements of the Customs Union. The Customs Code is one of the major legal instruments of the Customs Union and it is based on the model of the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention).

Most of the Customs Union procedural rules (such as procedures and deadlines for the performance of certain actions, rules relating to document forms, instructions for the completion of customs declarations, etc.) are set forth by the Customs Union Commission. Any unresolved dispute or controversy between the member-states related to the Customs Union can be submitted to the jurisdiction of the Economic Court of the Commonwealth of the Independent States (CIS) in its capacity as the Court of the Eurasian Economic Community.

Unified Customs Non-Tariff Regulations of the Customs Union, allow to impose certain economic proscriptions and limitations on the cross-border trade activities in the Customs Union territory, such as quantitative restrictions, exclusive export and/or import rights with respect to certain goods, expert supervision, foreign trade licensing and special foreign trade constraints (including such constraints imposed for the purposes of compliance with certain international sanctions and/or for protection of the legitimate national interests of the member states, such as homeland security and public health). They determine unified customs duties for imported and exported goods.

Moreover, in order to prevent import of counterfeited goods into the territory of the Customs Union the Customs Code of the Customs Union provides for setting up a unified register for intellectual property rights, where the participants of the trade activities will be required to register trade names and trademarks relating to the goods transferred.

Despite the adoption of the Customs Code and numerous Custom Union rules and protocols, at present many aspects of customs activities are still carried out on the basis of the national regulations and standards which remain in force in the member states. The customs control on the borders between the member states has not been abolished. According to the implementation plan, Customs Union regulations should be introduced into and eventually replace the corresponding national rules and standards currently in effect in each member state.

The work for the development and implementation of the new Customs Union rules, regulations and policies was processed with the target to make the Customs Union fully operational in January 2011.

Companies operating in the field of foreign trade on the territory of the Customs Union should take into consideration changes in the local legislation, regulations and customs practices, which might substantially affect their commercial activities, and be prepared to comply with the Customs Union regime once it becomes fully operational.

Date: 2015-12-24; view: 945