Customs tightened control over the import of cars with foreign registration. Their stay in Russia is limited. This is disadvantageous for those who want to arrange a temporary import of a car into Russia without customs clearance. We’ll have to leave more often, then to call in again and arrange a temporary import again. This is one of the problems that recently existed at the entrance for non-residents related to the temporary import of personal vehicles that are registered with foreign authorities.
Restrictions on entering Russia by car with foreign registration
Previously, citizens of other countries, using their own car during a trip to Russia, risked returning home without it, because they were completely uncertain about how and where to extend the temporary import of a car to Russia. The new rules indicate that confiscation of the car in case of a minor violation of the customs regime does not threaten non-residents. But in order not to get into an unpleasant situation, a foreigner should know that ignorance of the laws does not relieve responsibility. There have been cases when the Russian courts applied penalties in the form of confiscation of cars as objects of violation of customs laws to the country's income, namely, disposing of them without the permission of the customs, which is prohibited during temporary importation.
Confiscation is not provided for by sanctions that can be applied by customs if the time limit for a vehicle with foreign registration in Russia is exceeded. In January, new rules on the temporary import of a car into Russia entered into force. 2015 was the beginning of the certification of used cars imported from Europe. Also, the period of stay of commercial vehicles with foreign registration is reduced from six months to 90 days, otherwise it is necessary to pay all customs duties. At the same time, an information publication specializing in automotive topics called into question such a restriction, noting that there is no clear legal act that sets the car's stay up to 90 days, and the law does not apply for customs clearance of a car to Russia. The publication reports that in 1996 Russia acceded to the Istanbul Convention "On Temporary Importation" and since then has complied with the rules and regulations, which are valid above the norms of Russian legislation. Customs Rules of the Code for Entry Commercial Vehicles, the law provides for tax exemption on customs payments.
Foreign cars will not come
According to the law, a Russian citizen who has signed a contract, for example, with one of the companies in Europe for which the car is registered, can enter the territory of Russia in the regime of temporary import. This follows from the old rules on the temporary import of a car into Russia (2014). Such a citizen could enter from Europe for the purpose of paying for transportation of people or for the commercial transport of goods. Terms of such use were up to one year. Further export of commercial vehicles occurred immediately after the completion of all operations for which they were imported. That is, the company independently determined how long such a car needs to be in Russia, but not more than a year.
According to the letter of the State Customs Service "On the temporary import of cars by resident citizens", new rules have come into force explaining how and to whom such a violation as an expired temporary import of a car into Russia will be charged. 1. 01. 2015 is the date from which for a commercial vehicle the stay will be considered overdue if the import of such a car into Russia lasts more than 90 days. Lawyers explain that the Customs Code does not define such restrictions on the stay of vehicles that are in temporary import to Russia.This period is limited to the letter of the customs service. Upon request, the Customs Administration explained the following: "Based on the article of the Customs Code of Russia, the time limit for temporary importation of commercial vehicles is established by the customs authority."
So, according to the letter of the State Customs Service of Russia "On the temporary import of cars by resident citizens," the deadlines for commercial vehicles that are imported into Russia for international transportation are 90 days. At the same time, they clarify that this letter is intended for customs officers, has an exclusively explanatory character and summarizes the norms of customs legislation. The articles of the Customs Code indicate that the period for temporary importation of commercial vehicles is established taking into account the fact that these vehicles must be exported immediately after completion of the work for which they were originally imported. Obviously, this period is now 90 days.
At the same time, the law does not imply confiscation of the car in case of violation of the residence time. In accordance with the Customs Code of Russia, exceeding the established period of stay of commercial vehicles under customs control, if temporary importation into Russia cannot be extended, then depending on the delay time, accordingly, a fine must be paid. This restriction was explained by the struggle with the search for gaps in customs legislation. Customs tightens control over the implementation of the rules for the temporary import of vehicles for personal and commercial use, as well as the transit time due to the fact that today there are more and more cases of searching for gaps in the customs legislation regarding the import of imported cars for resale.
Car with foreign registration for personal use
Temporary import of a car into Russia for personal use is allowed for a period of up to 1 year. However, according to the customs rules of Russia, such cars are imported only under the export obligation (in writing), stipulated by the law of the Russian Federation, and after payment, as when importing such cars. All other cars are imported under the obligation to export them in the manner prescribed by law for Russian citizens, and with the application of security measures to them. In this case, security is a pledge made by a citizen. If the duration of the car’s stay is not exceeded, then the deposit will be refunded, and if the time spent by the vehicle in the temporary import regime is violated, then the money left as a deposit will remain in the state budget.
The list of vehicles for which it is possible to arrange a temporary import of a car into Russia is determined by the classification codes of foreign trade goods. In which case all customs payments are paid, and when only a deposit is required, you can read in the documents of the Customs Committee of the Russian Federation. Citizens who wish to issue a temporary import of a car to Russia without problems can also be registered at the consulate of the country in which they are located. Then they have the right to duty-free travel, but also under the obligation to export with a written declaration. In this case, it will be possible to visit Russia for up to 180 days a year. For 90 days, you can call in once or "break" these days into several entries. During customs control, it is necessary to present a technical passport confirming the registration of a car in another state, and a document of ownership. Temporarily imported cars for personal use can be used in Russia only by those citizens who imported them into the country, and only for the specified purpose.
Alternative to temporary import
In order not to fool yourself with bureaucracy and documents, you can not draw up a temporary import of a car to Russia: the law allows you to use transit. However, then the length of stay is significantly reduced - up to 5 and 10 days.Five days - if you cross the border in the area of activity of one customs, 10 days - within the framework of various customs. It is worth noting that in the temporary import regime the duration of stay can be increased by customs, taking into account force majeure circumstances, provided that these circumstances are proved, but not more than 90 days. You can take advantage of this by giving the car to the service station or taking a doctor’s certificate to confirm that you couldn’t get behind the wheel to leave on time.
International documents for commercial vehicles
Temporary importation of a car into Russia is allowed with tax exemption and is not subject to restrictions when issuing commercial vehicles that have international ATA and CPD documents issued by associations, an international transport organization, customs or agencies that are authorized to issue such documents. Appropriate benefits for using such books are given upon export.
ATA Book
a) The association issuing the ATA book is granted a six-month period from the time it receives a customs duty requirement to provide export guarantees under the conditions stipulated by the ATA book.
b) If the guarantees are not submitted on time, the guaranteeing association pays for the stay of the car in the temporary import regime. This payment will be final at the end of 3 months. During this, the guaranteeing party can still find evidence of the export of the car in order to return the amount paid.
c) Temporary payment of import duties, payments made under the conditions provided for in subparagraph b shall be deemed completed, but their amount shall be refunded if the evidence described in subparagraph a is provided within 3 months after the payment date.
CPD book
a) The guaranteeing association is granted a period of 1 year from the date of notification to provide evidence of the export of the car. This time comes only from the moment the CPD book expires. If customs disputes the evidence presented, they must notify the guaranteeing association of this within a period not exceeding one year.
b) If this confirmation is not submitted on time, the guaranteeing association shall deposit or pay the import duty within 3 months.
c) Payments made under the conditions provided for in subparagraph b shall be deemed final, but their amount shall be refunded if the evidence provided for in subparagraph a is provided within a year after payment has been paid.
Proof of export of cars using international documents
Evidence of the export of cars imported under temporary importation documents is provided by presenting the spine of the tear-off coupon of this document, filled out by the customs authority and certified by the customs seal. If there wasn’t
it is attested that the export took place, the customs authorities accept as confirmation, even after the expiration of time, the entries made in documents by other customs authorities. In each case, if the customs took a deposit for the temporary import of a car into Russia, then the person who violated his terms is exempted from the fine during the export of the vehicle, and the deposit is returned only if such a citizen showed a document that the condition of the car was unsatisfactory and he was overhaul. Confirmation of documents on temporary import does not give grounds for payment of fees for customs services if this operation is carried out at customs offices during normal working hours.
Damage or loss of import declaration
In case of damage or loss of the import declaration while the car is in Russia, the customs authorities can restore the declaration, the validity of which will end on the same date as the validity of the declaration, which was damaged or lost.If it is expected that the period of temporary import will be longer than the period of validity of the declaration for it, then in order to take out the car during this period, the customs that issued the declaration can issue a second declaration that replaces the first.
Such documents are submitted for control to customs authorities upon export. Upon receipt of the second declaration, which will be replaced by the relevant customs authorities, the obligations of the first are withdrawn. The validity period of a document may be extended only once and may not exceed one year. A new declaration is issued by internal customs and is accepted by customs points upon departure. Address where in Moscow you can get a new declaration for the temporary import of a car into Russia: VDNH, Prospekt Mira, house 119, building 229.
Temporary Import Rights
When entering the territory of the Russian Federation, control is carried out by the customs authority by inspecting the car, checking registration documents, and the place of residence of the citizen importing the vehicle. The customs inspector also enters in the electronic journal all the necessary information for control.
The right to temporary import applies to:
· Cars for private and commercial use;
· Equipment and spare parts for use in the repair of a previously temporarily imported car.
Machine repair operations, the need for which arose during the import period, are carried out at official service stations, and relevant documents are issued. The period of stay of such vehicles may be extended for the period of their repair. For fuel, as well as lubricants in car tanks, exemption from payment of duties is granted and restrictions on the temporary import of a car into Russia are not applied. 2015 was a landmark year for foreign companies, now when using commercial vehicles, each company can set the maximum value of the fuel level contained in the tanks of a temporarily imported car. Such a firm may be exempted from duties, and import restrictions apply to it.
Benefit Rights
Enjoy the benefits of temporary import:
- Commercial vehicles registered with any country that is not a state of temporary importation and registered with a company that is permanently located outside Russia or is used by persons operating in the country of registration of the vehicle.
- Private cars registered with any state that is not a country of temporary import, registered for a citizen who permanently lives outside of Russia, and imported by persons with foreign passports.
Temporary importation of cars may be carried out without presenting a customs book and written guarantees of exportation in the following cases:
- Commercial vehicles will be used by third parties with the permission of the user and performing their work in favor of the latter.
- Private cars will be used by third parties who have a temporary import permit.
Temporary Import Restrictions
Customs authorities have the right to refuse to use the temporary import regime:
· Commercial vehicles that are used for domestic transportation in Russia;
· Private cars that are used for commercial purposes;
· Cars leased after their import.
Further export commercial vehicles occurs immediately after the completion of the transport work for which they were intended. During each calendar year, private cars can be in the territory of import for 90 days.
Where to extend the temporary import of a car to Russia
Sooner or later, every motorist who drives a foreign registration car into the territory of Russia will have to extend the temporary import.For all questions of importing a vehicle of foreign registration, you can contact your nearest customs office to find out in detail how to extend the declaration and what documents are required for temporary importation of a vehicle into Russia. In Lytkarino, the nearest customs post is located near Moscow. Since March 30, 2007, an official representative of PROAUTO has been in the capital.
The scope of his work includes assistance on customs clearance and registration of a vehicle with the traffic police. The address of customs services in Moscow where you can get advice on the temporary importation of a car into Russia: VDNH, Mira Avenue, 119. There is also a paperwork department in St. Petersburg and the Leningrad Region. He provides and carries out customs clearance of cars. In order to extend the temporary import of a car to Russia in St. Petersburg, you must contact the North-West Customs Department.
“In which case all customs payments are paid, and when only a deposit is required, you can read in the documents of the Customs Committee of the Russian Federation.”