5.22. to accomplish in accordance with the legislation of the Russian Federation work on acquisition, safekeeping, accounting and using of archive documents generated in the process of the Service operation;
5.23. to interact in accordance with established procedure with the bodies of foreign governments and international organizations in the established area of activity, including that of representation on behalf of the Government of the Russian Federation the interests of the RF in the World Customs Organization (Council for Customs Cooperation) and other international organizations;
5.24. to conduct in accordance with established procedure and enter into government contracts for placing goods supply orders, performance of works, rendering of services for the own needs of the Service, and for R&D works for government needs in established area of activity;
5.25. to perform functions of customer in erection of customs houses, customs check-points and other objects required for development of customs infrastructure;
5.26. to perform functions of customer in working out sketches and printing of excise stamps for marking alcohol production, tobacco and tobacco goods, imported to the customs territory of the Russian Federation;
5.27. to implement programs of customs procedures in the Russian Federation;
5.28. to perform other functions in established area of activity, if such functions are envisaged by federal laws, regulatory legal acts of the President of the Russian Federation.
The Federal Customs Service with the purpose of realizing its authority in the established area of activity is authorized to:
6.1. with the concurrence of the Ministry of Economic Development of the Russian Federation:
to set up, restructure and liquidate customs terminals, specialized customs bodies with their competence limited by several warrants for performance of certain functions, imposed on customs authorities, or for carrying out of customs operations in relation to the specific types of goods;
to define the region of activity of customs bodies;
approve general or individual provisions on customs bodies;
6.2. to organize necessary investigations, tests, experts’ examinations, analyses and evaluations, as well as scientific research in established area of activity;
6.3. to request the information required for making decisions on the issues, related to established area of activity;
6.4. to provide to legal entities and physical persons explanations on the issues relating to established area of activity;
6.5. to provide control, including financial control, over activity of customs authorities and representative offices of the FCS abroad;
6.6. to attract in accordance with established procedure for processing the issues, referred to the established area of activity, scientific and other organizations, and also scientists and experts;
6.7. to apply the measures envisaged by the legislation of the Russian Federation of restrictive, warning or preventive character, directed for prevention and/or suppression of violations by legal entities or physical persons and citizens of compulsory requirements in established area of activity, and also to apply the measures to liquidate the effects of the above violations;
6.8. to set up advisory and experts’ bodies (councils, commissions, groups, boards) in established area of activity;
6.9. to develop and approve samples of service certificates and the order of wearing uniforms.
The FCS is not entitled to perform in established area of activity regulatory legal regulation, except for the cases, established by federal laws, decrees of the President of the Russian Federation and regulations of the Government of the Russian Federation, as well as the functions of governmental estate administration and rendering of charged services.
The limitations specified in the first paragraph of present article are not applied to the authority of the Head of Service of estate administration, assigned to the Service as per the right of operational control, resolving of staffing issues and the issues of organization of the activities of the Service.
III. Activity Arrangement
The Federal Customs Service is headed by the senior executive officer to be appointed and dismissed from office by the Government of the Russian Federation on proposal of the Minister of Economic Development and Trade of the Russian Federation.
The Head of the FCS is personally responsible for implementation of authority imposed on the Service.
The Head of the FCS has deputies, commissioned and dismissed from office by the Minister of Economic Development and Trade of the Russian Federation on proposal of the Head of the Service.
The number of deputies of the Head of the Federal Customs Service is defined by the Government of the Russian Federation.
The Head of the FCS:
9.1. distributes responsibilities between the deputies;
9.2. recommends to the Minister of Economic Development and Trade of the Russian Federation:
9.2.1. draft Regulations for the Service;
9.2.2. proposals on maximum number of executives and customs officers and their salary budget;
9.2.3. recommendations of appointment and dismissal from office of Deputy Heads of the Sevice;
9.2.4. recommendations of appointment and dismissal from office Heads of Regional Customs Administrations and customs houses;
9.2.5. propositions of the draft annual plan and estimated parameters of activity of the Service, and also report of their fulfillment;
9.2.6. proposals on forming draft Federal budget in terms of financial provision of the activity of the Service;
9.3. appoints and dismisses from office executive officers of the central office of the Service, Deputy Heads of Regional Customs Administrations, custom houses, Heads of customs terminals, as well as Heads, other executives and officers of the Service representative offices abroad;
9.4. resolves in accordance with the legislation of the Russian Federation on state service the issues related to service in the Federal Customs Service;
9.5. approves the structure and personnel arrangements of the central office of the Service within the limits of labor compensation and personnel numbers established by the Government of the Russian Federation for the FCS and the estimate of costs for maintenance of the Service within the limits of the allocations approved for relevant period by the Federal budget;
9.6. approves the number and labor compensation funds of employees of Regional Customs Administrations, customs houses and customs terminals, organizations under the jurisdiction of the Service, and representative offices of the Service abroad within the indices established by the Government of the Russian Federation, as well as estimate of costs for their maintenance within the limits of the allocations approved for relevant period by the Federal budget;
9.7. defines the procedure of spending the funds allocated for measures, related to performing by customs authorities of operational search actions;
9.8. arranges in customs bodies in accordance with established order for handling of hand-held weapons and other weapons, ammunition, as well as cold arms;
9.9. approves regulations on breastplates and medals of the Service and regulations on Certificates of Merit of the Federal Customs Service;
9.10. decorates, in accordance with procedure established by the legislation of the Russian Federation, with personal fire arms, as well as valuable presents or monies;
9.11. defines warrants of customs authorities and officials in resolving of organizational, personnel, financial and other issues;
9.12. on the basis and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, Government of the Russian Federation, the Ministry of Economic Development and Trade, the Ministry of Finance of the Russian Federation and the Central Bank of the Russian Federation, issues orders on the issues referred to competence of the Service.
The costs for maintenance of the Federal Customs Service are financed out of the funds envisaged by the federal budget, as well as from other sources specified by the legislation of the Russian Federation.
The Federal Customs Service is a legal entity, it has a seal with the image of the State Coat of Arms of the Russian Federation and its name, other seals, stamps and forms of established pattern, as well as accounts opened in accordance with the legislation of the Russian Federation.
The Federal Customs Service has its blazonry: emblem, flag and pennant, approved in accordance with established procedure.
The Federal Customs Service is based in Moscow.
Organization
The structure of the Federal Customs Service (FCS) of Russia
Main Inspectorial Organizational Directorate (staff of the Head of the FCS of Russia)
Human Resources Directorate
Main Directorate for Organization of Customs Control
Main Directorate for Contraband Control
Main Directorate for Commodity Items and Trade Limitations
Main Directorate of Logistics
Main Directorate of Federal Customs Revenues
Main Financial-Economic Directorate
Currency Control Directorate
Customs Cooperation Directorate
Directorate and General Services
Auditing Directorate
Main Directorate for Information Technologies (IT)
Legal Directorate
Internal Security Directorate
Customs Inspection Directorate
Customs Statistics and Analysis Directorate
Customs Investigations Directorate
Law Enforcement Directorate
Management
Management of the Federal Customs Service of Russia
Head of Federal Customs Service of Russia - Andrey Belyaninov
First Deputy Head of Federal Customs Service of Russia - Vladimir Shamakhov
Deputy Head of Federal Customs Service of Russia - Nikolai Volobuev
Deputy Head of Federal Customs Service of Russia - Tatyana Golendeeva
Chapter IV - The Concept of Development of Customs Service up to 2010
I. General Provisions
The concept of development of customs authorities of the Russian Federation (hereinafter – the Concept) defines major goals, tasks and trends of customs authorities.
The Concept is the basis for working out of programs and plans for development of customs authorities of the Russian Federation for medium-term and long-term perspective.
The Concept has been worked out in accordance with the fundamental law of the Russian Federation, Federal laws and other regulations of the Russian Federation, as well as on the basis of the international legal acts in the field of customs.
Currently, the influence of customs regulation has increased as an element of state regulation of foreign trade activities for the processes of international integration of the Russian economics in the international economic territory.
The expansion of cooperation with the international economical and financial institutions, the common interests of Russia and other states in solving of many problems in the field of international security, such as counteraction to the spread of weapons of mass annihilation, fighting with the international terrorism and drugs trafficking, acute environmental problems, in particular in the field of provisions of nuclear and radiation security, conditioned appearance of new tasks, which are to be resolved with the active participation of customs authorities of the Russian Federation and which predetermine their further development.
In development of customs of the Russian Federation, which is taking place in view of domestic economical transformations and international practice of regulation in the field of customs, it is necessary to take into account the specifics of the geographical situation of the Russian Federation, such as considerable dimensions of the state borders, and also insufficient equipment status of customs check-points, and the necessity of promoting cooperation in the sphere of border and customs control with the neighboring states of the Russian Federation.
The administrative reform has resulted with forming of a new structure of the state authorities, engaged in regulation of foreign trade activities, which are to use a complex approach to interagency cooperation and provision of the balance of interests in the field of customs tariffs, taxation, prohibitions and limitations, established by the legislation of the Russian Federation.
Coming into effect from January 1rst, 2004 of the Customs Code of the Russian Federation has created the necessary background for forming of practically new customs legal base, compliant with the international standards, and the conditions for defining the priorities of development of customs authorities of the Russian Federation. However, certain problems, related to the activity of customs authorities of the Russian Federation, remain still unresolved.
The potential of customs administration, which is a combination of means and methods of provision of customs legislation compliance by physical and legal persons, when they are conveying their goods and transport means across the customs border of the Russian Federation, is not realized with due efficiency, which is not allowing to provide for the compliance with the legislation of the Russian Federation in full and to set up a favorable competitive environment in the sphere of foreign trade. The issue of diminishing customs value of goods and their unauthentic declaring by the participants of foreign trade activities remains an acute problem for customs authorities of the Russian Federation.
The international standards promoting the implementation of trade logistics technologies are not used in full.
The system of informing the customs authorities of the Russian Federation of pricing, trade and industrial specialization in foreign countries and world tendencies in specialization of labor is not yet fully developed.
The customs of the Russian Federation are not efficient in exercising control over the goods allowed for circulation in the customs territory of the Russian Federation (post audit control).
Information-analytical support of law enforcement activities, including operational search actions of customs authorities of the Russian Federation, is not sufficient.
The interaction of operative divisions of customs authorities of the Russian Federation with other law enforcing and control authorities of Russia remains low.
The system of training and refresher training of personnel for customs authorities of the Russian Federation, especially of the specialists in the field of management and control, is not yet adequate.
Job remuneration of senior officers of customs authorities of the Russian Federation is not compatible with the economical significance of the decisions they take.
The level of corruption of customs authorities of the Russian Federation is still high.
These problems bring about decreasing of the efficiency of customs administration, unfair competition, penetration of law quality import goods into the Russian market and other negative phenomena.
There is a necessity of forming new attitudes to customs administration, which may allow customs of the Russian Federation react efficiently to the changes taking place in accordance with the international practice and the requirements of the state and society.
II. The Goal, Tasks and Principles of Development of Customs Authorities
The goal of the Concept is the definition of the most efficient methods of implementation of the tasks in the field of customs in accordance with the international standards and legislation of the Russian Federation.
This goal may be achieved through resolving of the following tasks:
increasing of customs regulation quality, promoting creation of the conditions for the attraction of investments into the Russian economy, growth of revenues into the Federal budget, protection of domestic manufacturers of goods, protection of the objects of intellectual property, and maximum assistance to the foreign trade;
upgrading of customs administration, including the development of the system of risks management on the basis of the implementation of customs procedures in accordance with the international standards, based on the latest achievements in the field of information and management technologies;
strengthening of cooperation with the Russian, foreign and international authorities in fighting terrorism, contraband of weapons, drugs and counterfeit products, and also in provision of economical, environmental and radiation security.
The realization of the tasks above, presupposes the provision in all the territory of the Russian Federation of stable legal regime for foreign trade, based on the approved by the World Customs Organization the following universal principles:
standartization, modernization of customs legislation, development of the norms, regulations and procedures taking into account the international standards;
transparency and predictability. The customs legislation, the norms, regulations and procedures are to be applied consistently; they are unified, known to the public and are to be advised to all the interested parties in the acceptable form;
minimum interference. Customs authorities are to comply with the principles of selective approach to and sufficiency of customs control, as much as possible, and are to apply the system of risks management;