41635 (Customs Service), страница 2

II. Authority Conferred by Office

The FCS has the following authority conferred to by the office in the established area of focus:

5.1. to perform levying of customs fees, taxes, antidumping, special and compensatory countervailing duties, customs dues, control accuracy for calculation and timely payment of such fees, taxes and duties, take measures for their recovery by enforcement;

5.2. to provide for compliance with the established prohibitions and limitations with respect to goods transferred across the customs border of the Russian Federation in accordance with the legislations of the Russian Federation on state regulation of foreign trade activity and international agreements of the Russian Federation;

5.3. to provide for uniform application by customs authorities of the customs legislation of the Russian Federation;

5.4.to perform customs processing and customs control;

5.5. to make decisions on classification of goods in accordance with the Nomenclature of Goods subject to Foreign Trade and provide for publication of such decisions;

5.6. to provide within its competence for the protection of intellectual property;

5.7. to make in accordance with established procedure preliminary decisions on classification of commodity in accordance with the Nomenclature of Goods subject to Foreign Trade, on the origin of goods from a specific country (country of goods' origin);

5.8. is responsible for:

5.8.1. keeping register of entities engaged in the activities in the field of customs;

5.8.2. keeping register of banks and other credit organizations, authorized to provide bank guaranties for payment of customs charges;

5.8.3. keeping customs register of intellectual property objects;

5.8.4. annulling customs processing specialists’ qualification certificates;

5.8.5. issuing licenses for setting up of free warehouses;

5.9. to keep foreign trade customs statistics and special customs statistics;

5.10. to inform and provide advice free of charge on the issues of customs for participants of foreign trade activity;

5.11. to perform within its competence control of currency operations, related to transfer of goods and transport vehicles across the customs border of the Russian Federation;

5.12. to carry out proceedings on administrative violations and consideration of such cases in accordance with the legislation of the Russian Federation on administrative violations;

5.13. to carry out investigations and immediate investigation proceedings in accordance with procedural criminal legislation of the Russian Federation;

5.14. to carry out in accordance with the legislation of the Russian Federation operational search actions;

5.15. to develop and create in accordance with established procedure information technologies, IT hardware and information systems used by customs authorities;

5.16. to perform the functions of main manager and recipient of Federal budget funds, allocated for maintenance of the Service and performance of the imposed functions;

5.17. to provide within its competence protection of state secret information;

5.18. to consider complaints to decisions, actions or inaction of customs bodies and customs officers;

5.19. to arrange for public function, provide for timely and thorough consideration of appeals of public, to make decisions on such appeals and respond to applicants in the term established in accordance with the legislation of the Russian Federation;

5.20. to provide for mobilization training of the Service, as well as control and coordination of activity of the organizations under its jurisdiction in terms of mobilization training;

5.21. to set up professional training of executive officers of customs authorities, refresher courses, advance training and training on probation;

5.22. to accomplish in accordance with the legislation of the Russian Federation work on acquisition, safekeeping, accounting and using of archive documents generated in the process of the Service operation;

5.23. to interact in accordance with established procedure with the bodies of foreign governments and international organizations in the established area of activity, including that of representation on behalf of the Government of the Russian Federation the interests of the RF in the World Customs Organization (Council for Customs Cooperation) and other international organizations;

5.24. to conduct in accordance with established procedure and enter into government contracts for placing goods supply orders, performance of works, rendering of services for the own needs of the Service, and for R&D works for government needs in established area of activity;

5.25. to perform functions of customer in erection of customs houses, customs check-points and other objects required for development of customs infrastructure;

5.26. to perform functions of customer in working out sketches and printing of excise stamps for marking alcohol production, tobacco and tobacco goods, imported to the customs territory of the Russian Federation;

5.27. to implement programs of customs procedures in the Russian Federation;

5.28. to perform other functions in established area of activity, if such functions are envisaged by federal laws, regulatory legal acts of the President of the Russian Federation.

The Federal Customs Service with the purpose of realizing its authority in the established area of activity is authorized to:

6.1. with the concurrence of the Ministry of Economic Development of the Russian Federation:

to set up, restructure and liquidate customs terminals, specialized customs bodies with their competence limited by several warrants for performance of certain functions, imposed on customs authorities, or for carrying out of customs operations in relation to the specific types of goods;

to define the region of activity of customs bodies;

approve general or individual provisions on customs bodies;

6.2. to organize necessary investigations, tests, experts’ examinations, analyses and evaluations, as well as scientific research in established area of activity;

6.3. to request the information required for making decisions on the issues, related to established area of activity;

6.4. to provide to legal entities and physical persons explanations on the issues relating to established area of activity;

6.5. to provide control, including financial control, over activity of customs authorities and representative offices of the FCS abroad;

6.6. to attract in accordance with established procedure for processing the issues, referred to the established area of activity, scientific and other organizations, and also scientists and experts;

6.7. to apply the measures envisaged by the legislation of the Russian Federation of restrictive, warning or preventive character, directed for prevention and/or suppression of violations by legal entities or physical persons and citizens of compulsory requirements in established area of activity, and also to apply the measures to liquidate the effects of the above violations;

6.8. to set up advisory and experts’ bodies (councils, commissions, groups, boards) in established area of activity;

6.9. to develop and approve samples of service certificates and the order of wearing uniforms.

The FCS is not entitled to perform in established area of activity regulatory legal regulation, except for the cases, established by federal laws, decrees of the President of the Russian Federation and regulations of the Government of the Russian Federation, as well as the functions of governmental estate administration and rendering of charged services.

The limitations specified in the first paragraph of present article are not applied to the authority of the Head of Service of estate administration, assigned to the Service as per the right of operational control, resolving of staffing issues and the issues of organization of the activities of the Service.

III. Activity Arrangement

The Federal Customs Service is headed by the senior executive officer to be appointed and dismissed from office by the Government of the Russian Federation on proposal of the Minister of Economic Development and Trade of the Russian Federation.

The Head of the FCS is personally responsible for implementation of authority imposed on the Service.

The Head of the FCS has deputies, commissioned and dismissed from office by the Minister of Economic Development and Trade of the Russian Federation on proposal of the Head of the Service.

The number of deputies of the Head of the Federal Customs Service is defined by the Government of the Russian Federation.

The Head of the FCS:

9.1. distributes responsibilities between the deputies;

9.2. recommends to the Minister of Economic Development and Trade of the Russian Federation:

9.2.1. draft Regulations for the Service;

9.2.2. proposals on maximum number of executives and customs officers and their salary budget;

9.2.3. recommendations of appointment and dismissal from office of Deputy Heads of the Sevice;

9.2.4. recommendations of appointment and dismissal from office Heads of Regional Customs Administrations and customs houses;

9.2.5. propositions of the draft annual plan and estimated parameters of activity of the Service, and also report of their fulfillment;

9.2.6. proposals on forming draft Federal budget in terms of financial provision of the activity of the Service;

9.3. appoints and dismisses from office executive officers of the central office of the Service, Deputy Heads of Regional Customs Administrations, custom houses, Heads of customs terminals, as well as Heads, other executives and officers of the Service representative offices abroad;

9.4. resolves in accordance with the legislation of the Russian Federation on state service the issues related to service in the Federal Customs Service;

9.5. approves the structure and personnel arrangements of the central office of the Service within the limits of labor compensation and personnel numbers established by the Government of the Russian Federation for the FCS and the estimate of costs for maintenance of the Service within the limits of the allocations approved for relevant period by the Federal budget;

9.6. approves the number and labor compensation funds of employees of Regional Customs Administrations, customs houses and customs terminals, organizations under the jurisdiction of the Service, and representative offices of the Service abroad within the indices established by the Government of the Russian Federation, as well as estimate of costs for their maintenance within the limits of the allocations approved for relevant period by the Federal budget;

9.7. defines the procedure of spending the funds allocated for measures, related to performing by customs authorities of operational search actions;

9.8. arranges in customs bodies in accordance with established order for handling of hand-held weapons and other weapons, ammunition, as well as cold arms;

9.9. approves regulations on breastplates and medals of the Service and regulations on Certificates of Merit of the Federal Customs Service;

9.10. decorates, in accordance with procedure established by the legislation of the Russian Federation, with personal fire arms, as well as valuable presents or monies;

9.11. defines warrants of customs authorities and officials in resolving of organizational, personnel, financial and other issues;

9.12. on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, Government of the Russian Federation, the Ministry of Economic Development and Trade, the Ministry of Finance of the Russian Federation and the Central Bank of the Russian Federation, issues orders on the issues referred to competence of the Service.

The costs for maintenance of the Federal Customs Service are financed out of the funds envisaged by the federal budget, as well as from other sources specified by the legislation of the Russian Federation.

The Federal Customs Service is a legal entity, it has a seal with the image of the State Coat of Arms of the Russian Federation and its name, other seals, stamps and forms of established pattern, as well as accounts opened in accordance with the legislation of the Russian Federation.

The Federal Customs Service has its blazonry: emblem, flag and pennant, approved in accordance with established procedure.

The Federal Customs Service is based in Moscow.

Organization

The structure of the Federal Customs Service (FCS) of Russia

Main Inspectorial Organizational Directorate (staff of the Head of the FCS of Russia)

Human Resources Directorate

Main Directorate for Organization of Customs Control

Main Directorate for Contraband Control

Main Directorate for Commodity Items and Trade Limitations

Main Directorate of Logistics

Main Directorate of Federal Customs Revenues

Main Financial-Economic Directorate

Currency Control Directorate

Customs Cooperation Directorate

Directorate and General Services

Auditing Directorate

Main Directorate for Information Technologies (IT)

Legal Directorate