ANNOUNCED AS TEMPORARYNo
Import-related non-tariff measure, nes
As of September 14, 2013, the international road transport operators are requested to presentadditional guarantees for the transportation of goods into Russia. Previously, such transportation was subject to the TIR Convention, a multilateral agreement to simply and harmonise the administrative formalities of international road transporation.
According totheRussian Federal Customs Service (FCS), the Association ofInternational Road Transport Carriers (ASMAP) owes more than RUB 20 billion (or USD 625 million) to the Russian budget authorities. Additionally, the Russian Government argues (according to Rossiyskaya Gazeta, an official newspaper of the Russian Government, Nr. 6229/11.11.2013) that goods imported from Europe into Russia with destination in Asian countries frequently vanish in Russia without the payment of taxes and other required payments.
This policy change is the answer to the above disagreements between the FCS and the ASMAP. In particular, the Federal Customs Service of Russia (according to letter Nr. 01-11/28474 of 4 July 2013) informed that Russia and the Member States of the Customs Union between Russia, Kazakhstan and Belarus no longer accept TIR Carnets as sufficient custom duty guarantees. The new rule requires that the international road carriers must present an additional guarantee (provided, for example, by a local bank), which is then valid within the territory of the Member States of the Customs Union.
On 14 October 2013, the Supreme Arbitration Court of the Russian Federation, the highest judicial body in Russia, issued judgement Nr. 11682/13 with which it rules out as invalid the restrictions on TIR Carnets (in force since 14 September, 2013). This court decision entered into force with immediate effect.
This court decision has no effect on FCS' decision to terminate the Accord of 2004 with ASMAP stipulating the acceptance of TIR Carnets as a guarantee for paid customs liabilities.
On 23 October 2013, the Russian First Deputy Prime Minister, Mr. Igor Shuvalov, disclosed the information that the Customs Union is currently preparing its own system of guarantees with regard to transit transportation, to replace the TIR Carnet system.
According to official press report of the International Road Transport Union of 11 June 2015, "'t'he Federal Customs Service has notably announced that the cooperation between Russian Customs and the TIR guaranteeing association ASMAP has been restored in line with the 2004 TIR guarantee agreement".
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