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Legal Alert
December 2009
The CU Commission is the communitys regulatory body. Most of the CU procedural rules (such as procedures and deadlines for the performance of certain actions, and those relating to document forms) should be set forth by the CU Commission. Its decisions are binding on the members states. The legal basis of the CU is constituted by: (1) the customs agreements in effect in the EurAsEC aimed at integration; and (2) the agreements formulated expressly for the latters formation (in accordance with the list approved by an Inter-State Council). Membership of the CU means automatic accession to all the groups valid agreements. Conversely, withdrawal from any of those agreements results in the renunciation of all such agreements and, hence, withdrawal from the CU. Customs clearance as a general rule should be performed in the jurisdictions of the respective participants in foreign economic operations. Starting January 1, 2010, goods transiting to Russia and/or Kazakhstan from foreign suppliers through Belarus will be customs cleared at the CUs external frontier in Belarus. It is also planned that, starting July 1, 2010, goods imported through Kazakhstan should be customs cleared on the Kazakhstan border.
Determination of the customs values of goods will be approved in a special agreement between the CU member states. It is expected that the amendments will be generally in line with the Russian Law On the Customs Tariff, the GATT/WTO rules, and the Belarusian Law On the Customs Tariff.
The CU legislation establishes a list of goods subject to import/export proscriptions and constraints. This list currently includes six categories of goods that are not allowed for import/export, and 27 categories of goods subject to limitations in their import/export across the CU customs boarder. These include, inter alia, precious metals, precious stones, some types of mineral raw material, pharmaceuticals, radio electronic equipment, highfrequency devices, alcoholic products, encryption/cryptographic facilities, and cultural values. The list includes certain product categories that are not currently subject to restrictions in some of the CU members. As a result, the members of the CU will have to develop legal procedures for the issue of licenses and authorizations with respect to such new positions prohibited or restricted for import/export across CU customs border. The CU is also to maintain coordinated policies on technical regulations, sanitary rules and phytosanitary measures. The unified requirements for goods subject to technical control will be set out in EurAsEC technical regulations providing for the rules and forms for the confirmation of compliance and declaration of conformity, identification rules, terminology, packaging, marking, and labeling requirements. Relevant regulations will also be introduced in national and recognized international standards, which are to eventually replace the corresponding local standards currently in effect among the CU members. Please note that only the Republic of Belarus has so far ratified the Agreement on Coordinated Policies on Technical Regulation, Sanitary Rules and Physosanitary Measures, which, therefore, has not come yet into legal force. * * *
Additional notes
Any further questions regarding the above can be addressed to Alexander Bychkov, Partner, at Baker & McKenzie Moscow (+7 495 787 2700). This LEGAL ALERT is issued to inform Baker & McKenzie clients and other interested parties of time-sensitive legal developments that may affect or otherwise be of special interest to them. The views and comments above do not constitute legal advice or a legal opinion, and should not be regarded as a substitute for legal advice or a legal opinion in individual cases.
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For more information, please contact: Alexander Bychkov +7 495 787 27 00 alexander.bychkov@bakernet.com
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