Customs transit

There are mandatory conditions that are imposed on cargo crossing the territory of the EAEU. The cargo must remain in the unchanged condition it was in at the time of transit clearance. It must not be used for its intended purpose during transportation. In order for this procedure to apply, the conditions of import prohibitions and restrictions must be met.

There are also time constraints. They are calculated individually depending on which vehicle is used for transportation. At the same time, there are such time constraints, as no more than 1 month for every 2,000 km of travel. This is a sufficient period of time even for the transportation of cargoes by river or rail. Usually, less time is given, except when the cargo will be transported by several modes of transportation with cargo transfers.

Since the main requirement for placing goods under this procedure is to secure the payment of customs duties, the guarantee of such security may be an escort, the involvement of a carrier or a certificate of security. Also, there are other types of security for performing payments, such as a deposit with the customs authority or a bank guarantee. Such requirements are imposed when the carrier or its vehicle cannot guarantee delivery under escort or customs control. It should be remembered that there are special conditions of transit for different categories of goods and it is impossible to compare, for example, the movement of valuable cargo to the excise post with the transportation of technological equipment placed under this procedure.

Legal liability for cargo in transit

The liability for goods in transit falls on the declarant and the carrier who transports them. In the event that the goods are not delivered to the customs office of destination, the carrier's security or the declarant's deposited security should offset the payments as if the goods were simply imported into Russia.

The obligation to pay payments shall arise for the declarant, as well as for the carrier who performs transportation (conveyance) to the place of delivery determined by the customs body of departure, when the following circumstances occur:

• - completion of the transit procedure;
• - acceptance of goods by an authorized economic operator;
• - placement in temporary storage;
• - placement under customs procedures;
• - fulfillment of the payment obligation;
• - recognition by the customs authority in accordance with the legislation of the Member States on regulation of the fact of destruction and (or) irretrievable loss of foreign goods due to an accident or force majeure, or irretrievable loss as a result of natural loss under normal conditions of transportation (conveyance) and (or) storage, except for exceptions;
• - respectively, if the customs authority has refused transit;
• - revocation of the transit declaration;
• - confiscation or conversion to the property (income) of a Member State in accordance with the legislation of that Member State;
• - detention by the customs authority;
• - placement for temporary storage or under one of the customs procedures of goods that were seized or arrested in the course of verification of a crime report, in the course of proceedings on a criminal case or a case on an administrative offense (conducting administrative proceedings) and in respect of which a decision was made to return them, if their release was not made earlier.

Conditions for customs transit clearance

The conditions for placing goods under the customs transit procedure for their transportation on the territory of the CU are:

• - ensuring the fulfillment of the obligation to perform payments;
• - ensuring that goods can be identified;
• - compliance of the means of international transportation on which customs seals and stamps are affixed with the requirements of this procedure;
• - compliance with prohibitions and restrictions on the movement of goods under the legislations of the EAEU Member States.