New EAWU Customs Code from 2018

In the Eurasian Economic Union (EAWU) between Russia, Kazakhstan, Belarus, Armenia and Kyrgyzstan, a new customs code (CC EAWU) is expected to enter into force on 1 January 2018. European companies with trade relations with EAWU, in particular with Russia, should prepare themselves early for the new Customs Code and benefit from its possibilities.

Modernisation of EAWU customs law

After Belarus initially refused ratification, the new Customs Code cannot be applied as planned on 1 July 2017, but is expected to apply on 1 January 2018. The new rules will replace the Customs Union Customs Code (CC-TCC) and a number of international agreements between Member States. The aim is also to create a more modern and uniform set of rules with fewer references to national legislation.

Electronic customs clearance

The new Code now provides in principle for a non-paper-based electronic customs declaration via an electronic system developed for this purpose. Similar to the ATLAS customs declaration, traders will be able to submit customs declarations online in Russia and the other EAWU member states without having to physically submit the import documents to customs. An exception to this is preferential certificates of origin, which are rarely relevant for German companies.

In the same way, the acceptance of the customs declaration or the release of the goods by customs will in future also take place electronically and in some cases even without the participation of a customs officer. Time-consuming and costly customs controls should therefore be the exception.

The switch to electronic communication with Customs plays an important role in accelerating processes and fighting corruption in customs clearance.

The “one-window principle”

The “one-window principle” is intended to enable economic operators to deal with several administrative matters via one channel. In the import business it may be necessary to meet technical, sanitary, veterinary and similar requirements in addition to customs formalities and to present the corresponding certificates. By presenting the bundled documents to one authority, the individual authorities should be able to confirm the importability of the goods more simply, quickly and transparently.

Authorised Economic Operator

Another focus is the regulations on authorised or authorised economic operators. Similar to the AEO in the EU, EAWU’s authorised economic operator will in future be divided into three status forms[/bold]. Type I licence holders enjoy relief in respect of[bold]customs procedures. Type II permits simplify the implementation of customs controls. Authorised economic operators of type III may benefit from the advantages of type I and II.

In future it should also be possible to grant the status of authorised economic operator to persons who offer customs clearance as a service to third parties. German companies will therefore be able to commission authorised economic operators in the EAWU and thus save time and costs in customs clearance.

O&W Attorneys at Law answer your questions about the Russian business. Get advice now on the new EAWU Customs Code.

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Lawyer Dr. Tristan Wegner

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