08.04.08

The Federal Customs Service (FCS) is reconsidering procedures of simplified customs control. According to proposed regulation some export/import participants may lose their right to use customs “green line.”

A revised version of the decree simplifying customs control for businesses has been submitted for approval to FCS legal department. Customs service officials may start using a special questionnaire made of 38 items, each weighted with a certain amount of points. The fewer points a participant accumulates, the higher the probability of him receiving the privilege of simplified customs procedures.

The FCS has not yet determined how the switch to the new mechanism will be completed: whether businesses already using the “green line” will automatically be included in the new list, or if a company will be able to receive same privileges if it accumulates more points than is allowed. Those businessmen with experience in Russia's import/export markets are convinced that businesses with extensive experience, transparent operating principles and smooth relationship with customs service will have no difficulties fulfilling the new criteria. They also believe that transit companies will not be included into the list. But the purpose of a risk management system is to release from excessive control only reliable participants. The most important is that the proposed method be objective and not depend on the favor of an official.

The decree also makes provision for the concept of a “minor violation” – an act that technically has signs of a legal violation but does not represent significant harm, for example, submitting of a customs declaration 1-2 days late. Lawyers recognize this as good news: one of the conditions for a participant to be included into the privileged “green line” list is an absence of recorded violations for a certain period of time. Such insignificant details may cost even an honest company its privilege of simplified customs procedures.

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