Article 11. Submission of preliminary information to the Customs authorities of the Customs Code of the Eurasian Economic Union

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1. The purpose of providing preliminary information is for customs authorities to obtain information about goods planned to be transported across the customs border of the Union in order to assess risks and make preliminary decisions on the selection of objects, forms of customs control and measures to ensure customs control before the goods arrive in the customs territory of the Union.

The preliminary information is used by the customs authorities to speed up customs operations and optimize customs control.

2. The composition of the preliminary information provided to the customs authorities, depending on the purposes of its use, is divided into:

1) the composition of the preliminary information used by the customs authorities to assess risks and make preliminary decisions on the selection of facilities, forms of customs control and measures to ensure customs control;

2) the composition of the preliminary information used by the customs authorities to speed up customs operations and optimize customs control.

3. It is mandatory to provide preliminary information in the composition determined for the purposes provided for in subparagraph 1 of paragraph 2 of this article.

The preliminary information in the composition determined for the purposes provided for in subparagraph 2 of paragraph 2 of this article shall be provided at the request of the persons who can provide it.

4. Preliminary information may be provided in the form of an electronic document.

Preliminary information provided in the form of an electronic document may be used in customs operations related to notification of the arrival of goods into the customs territory of the Union, temporary storage of goods, customs declaration, as well as in other customs operations determined by the Commission.

5. Preliminary information is provided to the customs authority of the Member State in whose territory the planned place of movement of goods across the customs border of the Union is located, prior to the arrival of goods into the customs territory of the Union.

6. Preliminary information is provided using Internet resources, through the interaction of the information system of the customs authority and the information systems of persons providing preliminary information, and (or) in another way determined by the Commission.

7. Russian Russian is the official language of the Member State to whose Customs authority the preliminary information is submitted, the preliminary information is provided in Russian or in the official language of that Member State, at the choice of the person.

The legislation on customs regulation of the Member State, the customs authority of which is provided with preliminary information, may establish the possibility of providing preliminary information in English.

8. The Customs authority shall register the submitted preliminary information or refuse to register it in accordance with the procedure and time limits determined by the Commission.

9. The Customs authority registers the submitted preliminary information by assigning it a registration number.

10. The Customs authority refuses to register the preliminary information if the submitted information does not comply with the composition, structure and format determined by the Commission and (or) the requirement provided for in paragraph 7 of this Article.

11. Information on the registration of preliminary information, indicating the registration number of the preliminary information, or on the refusal to register it, indicating the reasons for such refusal, is sent to the person who submitted the preliminary information in electronic form.

12. The preliminary information is stored in the information systems of the customs authorities for 30 calendar days from the date of its registration, and if the Commission determines a different period, for the period determined by the Commission, after which the customs authorities do not use such information as preliminary information.

The Commission has the right to determine a different period of storage of preliminary information in the information systems of customs authorities than the period established by the first paragraph of this paragraph.

13. In case of failure to provide preliminary information, which must be provided without fail, or violation of the deadlines for its submission, measures shall be taken in accordance with the legislation on customs regulation of the Member State to whose customs authority such preliminary information is to be submitted.

14. The legislation of the Member States may establish liability for failure to provide preliminary information to the customs authorities or for violating the deadlines for its submission.

15. Preliminary information may not be provided regarding:

1) goods for personal use transported across the customs border of the Union by individuals;

2) goods sent by international mail;

3) the goods specified in paragraph 1 of Article 296 of this Code;

4) goods transported to eliminate the consequences of natural disasters, accidents and catastrophes;

5) military cargo, the status of which is confirmed by a pass (military pass) issued in accordance with the legislation of the Member State;

6) goods placed under a special customs procedure at the place of arrival;

7) goods of the Union transported through the territories of non-member States of the Union;

8) goods transported across the customs border of the Union and imported into the territory of the FEZ, the boundaries of which fully or partially coincide with the sections of the customs border of the Union, if this is provided for by the legislation of the member state on whose territory such a FEZ has been established.;

9) other goods in cases determined by the Commission.

16. No preliminary information is provided regarding goods transported by pipeline or via power transmission lines.

17. The composition of the preliminary information, the structure and format of such information, the procedure and deadlines for the submission of preliminary information, including preliminary information submitted in the form of an electronic document, the procedure for the formation and use of preliminary information in the form of an electronic document, the persons who are required or entitled to submit preliminary information to the customs authorities, are determined by the Commission, depending on the type of transport, by which the goods are transported (transported), and the purposes for which such preliminary information is used by the customs authority.

18. Information declared in the customs declaration in the form of an electronic document filed in respect of goods whose customs declaration is carried out with the specifics defined in Article 114 of this Code may be used as preliminary information in cases and in the manner determined by the Commission, and before they are determined by the Commission - in cases and in the manner established in accordance with the legislation of the States- members.

The Customs Code of the Eurasian Economic Union was adopted on April 11, 2017.

It was ratified by the Law of the Republic of Kazakhstan dated December 13, 2017 No. 115-VI SAM.

President

Republic of Kazakhstan

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