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ORDER of the State Customs Committee of the Russian Federation dated 18-03-98 152 (as amended on 30-05-2000) ON APPROVAL OF THE REGULATIONS ON CUSTOMS CLEARANCE SPECIALIST (2020) Relevant in 2018

2. Qualification requirements for a specialist in customs clearance

2.1. A specialist may be individual who has Russian citizenship, is fully capable, has the appropriate educational level and has passed the qualification exam to receive a qualification certificate as a customs clearance specialist.

2.2. The specialist must have knowledge to the extent necessary to perform customs clearance operations and perform other functions in the field of customs on behalf of the customs broker in the following areas:

Customs law and customs business - customs regimes, procedures and other conditions for the movement of goods and Vehicle through customs border Russian Federation, types of customs payments, the procedure for carrying out preliminary and main customs clearance operations, including declaration and classification of goods for customs purposes in accordance with the Commodity Nomenclature of Foreign Economic Activity, rules for determining customs value and countries of origin of goods, the procedure for customs and exchange control customs authorities, customs statistics, measure of responsibility for crimes and offenses in the field of customs, organization of the customs service, status, rights and obligations officials customs authorities;

Foreign economic activity and its government regulation- procedure for conclusion and execution foreign economic transactions, prices, terms of transportation and insurance in foreign trade, prohibitions and restrictions, including licensing, certification, etc.;

Economics - financial, tax, credit - financial, payment - settlement and currency relations, pricing, banking;

Civil law, private international law, criminal law, state and international law;

Rules for using automatic information processing tools necessary to carry out the activities of a specialist.

A specific list of questions that a specialist of the corresponding category must understand, as well as the criteria for recognizing the applicant’s answer as sufficient when conducting a qualification exam, are determined by the State Customs Committee of Russia.

2.3. An applicant for a category I specialist certificate must:

Have any higher or special secondary education (legal, economic, in the field of customs);

Have at least 2 years of experience in customs clearance as a customs clearance specialist;

2.4. An applicant for a category II specialist certificate must:

Have any secondary or special secondary education;

Undergo special training and pass a qualifying exam.

2.5. If you have appropriate knowledge in certain (clause 2.2) areas and experience, the applicant has the right to pass the qualification exam without undergoing special training (externally).

2.6. The procedure for certification and recertification of a specialist of the corresponding category is determined by the State Customs Committee of Russia.

· Specialist certificate customs operations– how and where to get it

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· Exam schedule

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· Preparing for the exam - how and where to get training

Certificate of Customs Operations Specialist (CASTO) – how and where to get it

Certificate (CASTO) required, Firstlyto work on the staff of a customs representative / customs broker / and be able to sign customs declarations with your signature.

Secondly, For career growth, confirming your level of knowledge. If you work in the field of foreign trade, as a customs declarant, even if CASTO is not legally required, this document is often of interest to employers when applying for employment.

For almost 15 years, the Qualification Exam for Specialists in Customs Operations has been held in local regional customs departments. Until 2004, everything was in Moscow, and people from all over the country went to take the exam in the capital of their homeland.

Requirements and certification of specialists in customs operations

Requirements for a specialist in customs operations are givenin article 63 Federal Law dated November 27, 2010 No. 311-FZ “On customs regulation in the Russian Federation”, This:

Having citizenship of the Russian Federation, i.e., for example, even citizens of the Republic of Belarus are not allowed to take the exam, despite various simplifications in labor legislation our countries;

Higher professional education, if a citizen graduated from a university in a foreign country, then he will additionally need to go through the procedure of nostrification of his diploma in Russia (recognition of educational documents by ROSOBRNADZOR of the Russian Federation);

Successfully pass the qualification exam at the regional customs department at the place of registration in the Russian Federation (or at the place of temporary registration). After successfully passing the exam, the applicant receives a Qualification Certificate for a Customs Operations Specialist (CASTO Certificate). Now the Customs Operations Specialist can carry out his activities as an employee of a customs representative (customs broker).

Let us recall that from July 2018 it is planned that a new edition of 311-FZ will come into force, where the article on regulating the activities of specialists in customs operations in the bill dated 04/28/2018 is EXCLUDED, and apparently, all issues will be resolved at the level of Orders of the Ministry of Finance or the Federal Customs Service of Russia.

Previously, the Customs Representative in accordance with the provisions of Article 12 of the Customs Code of the Customs Union, Art. 60 of the Federal Law of November 27, 2010 No. 311-FZ “On Customs Regulation in the Russian Federation” there may be a Russian legal entity included in the register of customs representatives and having at least 2 certified specialists on staff.

Currently, the requirements for specialists are indicated only in Article 402 of the EAEU Labor Code: “2. The legislation of the Member States may establish that the condition for inclusion legal entity applying to carry out activities as a customs representative, the register of customs representatives is indicated by the presence on the staff of this person of at least 2 employees who have a document confirming their compliance qualification requirements established by the legislation of the Member States."

Questions about the requirement for specialists in customs operations, as well as about the extension of CASTO, the validity period of the certificate - are not disclosed in the EAEU Customs Code, but are transferred to the competence of national authorities.

Admission to certification - submitting documents for the exam

Before acceptance new edition of the Law “On Customs Regulation” of 2018, we are guided by the current regulations No. 311-FZ of November 27, 2010 and the orders of the Federal Customs Service issued on its basis.

In accordance withparagraph 5 of Article 12 of the Customs Code of the Customs Union and for the purpose of implementing Article 64 of the Federal Law of November 27, 2010 No. 311-FZ “On customs regulation in the Russian Federation”by order of the Federal Customs Service of Russia dated November 8, 2011 No. 2263The Administrative Regulations of the Federal Customs Service for the provision of public services issuance and revocation of qualification certificates of specialists in customs operations. The state service for issuing and revoking certificates is provided by regional customs departments (hereinafter referred to as RTU) on behalf of the Federal Customs Service of Russia.

To be admitted to certification, the applicant must submit an application to the RTU at his place of residence 30 calendar days before the announced date of the exam (a sample application is given in Appendix No. 5 to the Regulations). A list of all regional departments can be found on the official website of the customs service:www.customs.ru

Application for the exam - form and submission options

The application may be

signed personally and sent by mail,

submitted through the State Services website in the form electronic document signed with an electronic signature,

signed personally and handed over directly to the RTU expedition.

The application and documents for the exam can now be submitted through the State Services website https://www.gosuslugi.ru/16639/4/info or through our training center (we will check it and take them to customs ourselves).

The following must be attached to the application:

· a copy of your passport or other identity document;

· a copy of a diploma issued by a Russian institution of higher education vocational education, or a similar document of a foreign state. In the latter case, you will also need to attach a certified copy of the certificate of equivalence of the specified document to the Russian one;

· in the event of a change in the last name, first name, patronymic (if any) indicated in the documents on higher education, copies of documents confirming the corresponding changes, certified in the prescribed manner, are attached to the application. Certification is carried out free of charge in the form of an exam simultaneously in all RTUs.

· A potential specialist must have a completed higher education in the Russian Federation / or in a country whose diplomas are recognized in the Russian Federation through the Ministry of Education /, and Russian citizenship. There are no other requirements.

An exhaustive list of documents required for the provision of the state service of issuing qualification certificates is given in paragraphs. 44, 45 of the Administrative Regulations (Order of the Federal Customs Service of Russia dated November 8, 2011 No. 2263).

CASTO exam schedule

The exam schedule is approved by order of the Federal Customs Service of Russia and is held at least twice a year. Information about the date of taking the qualification exam and its location is announced in advance, but no later than 15 working days before the start of the appointment, by publication in official publications of the Federal Customs Service, posted on the websites of regional customs departments, as well as on stands located in the lobby of the RTU. Addresses and reference information on regional customs departments are given in Appendix No. 1 to the Administrative Regulations (Order of the Federal Customs Service of Russia dated November 8, 2011 No. 2263).

Certification procedure - procedure for conducting the CASTO exam

IN Administrative regulations The certification procedure is described in detail, as well as how the examination committee is formed.

Every two years, starting from the year following the year in which the certificate was received, a customs operations specialist is required to undergo training under advanced training programs. Otherwise, the certificate will be revoked.

Scroll exam questions approved for customs operations specialistsOrder of the Federal Customs Service of Russia No. 2605 of December 21, 2015 “On approval of the qualification exam program for specialists in customs operations”.

qualification certificate and the grounds for its cancellation.

A specialist who has a qualification certificate from the State Customs Committee of the Russian Federation has the right to perform customs clearance actions on behalf of a customs broker.

Responsibilities of a customs clearance specialist

Verification of the authenticity and analysis of documents and information received from the represented person, as well as

verification of the powers of the represented person regarding goods and vehicles;

Drawing up documents and their electronic images necessary for customs purposes;

Correct calculation of the amounts of customs duties due for payment;

Timely provision of documents and additional information to the customs authority,

necessary for customs clearance.

Presence at the request of the customs authority during customs clearance of goods and transport

Maintaining records of goods and vehicles declared by a customs broker on staff

consists of a specialist;

Presentation at the request of the customs authority of goods and vehicles transported through

customs border of the Russian Federation;

Ensuring veterinary, phytosanitary and other types of state control carried out in

regarding goods and vehicles declared by the customs broker;

Use of information received from the represented person exclusively for customs purposes

Explaining to the represented person the requirements of the customs legislation of the Russian Federation;

Immediately informing customs authorities if changes, damage,

destruction or loss of means of identification, damage to packaging, etc.

Rights of a customs clearance specialist

Be present during customs clearance of goods and vehicles, when taking samples and

product samples;

Inspect goods and vehicles under customs control, weigh them, etc.

determination of quantity;

Get acquainted with the results of the study of samples taken and samples of goods;

Have the right of access to the customs control zone to carry out customs operations

registration;

Receive information and consultations from the customs authorities of the Russian Federation on customs issues;

Have access to information networks of customs authorities used for automatic

information processing;

Appeal against actions or inactions of the customs authorities of the Russian Federation and their officials.

To obtain a certificate, an individual must undergo training in a special training center and pass an exam to a commission approved by the State Customs Committee of the Russian Federation. After successful completion exam, a certificate is issued, signed by the chairman of the commission and the director of the training center.

Next, the person submits an application addressed to the chairman of the Central Commission for Certification of Specialists in Customs Registration of Passports. TsKASTO considers this application within 1.5-2 months. During this time, the stated information is verified. If a positive decision is made, the applicant must pay the appropriate fee to the State Customs Committee of the Russian Federation and receive a certificate.

A category 1 customs clearance specialist certificate is issued for a period of 3 years and the fee for its issuance is 20 minimum wages.

A qualification certificate for a customs clearance specialist of category 2 is issued for a period of 2 years and the fee for its issuance is 14 minimum wages.

The certificate may be canceled or revoked. The validity of the certificate may be suspended. An application for re-issuance of a certificate may be considered after 6 months from the date of its revocation or cancellation.

For the renewal of a specialist's certificate, fees are charged at double the rate.

When carrying out export-import operations, it is necessary to prepare the appropriate documentation. To carry out this work, you need deep knowledge of the law in order to clearly fulfill all its requirements. This can be done by a customs clearance specialist who has the necessary skills and a special certificate. This document confirms high qualifications and allows you to perform clearance actions at customs, speaking on behalf of a participant in foreign economic activity.

What are the features of the work?

Our company’s customs clearance specialists perform the entire range of work and save the customer time, since in most cases his presence is not required for this. Their responsibilities include:

• checking the accuracy and relevance of data;
• organization of customs clearance of a full package of documents for goods being moved;
• determination of the product code in accordance with the Commodity Code of Foreign Economic Activity of the EAEU;
• calculation of the customs value of cargo;
• organization of registration of declaration of goods being moved;
• determination of the full cost of customs expenses;
• reporting and office work.

Also, a customs clearance specialist provides information support and provides advice on issues related to customs legislation. All data that is available to him during his work is confidential information and are not disclosed to third parties.

Professional specialists

The VVL group of companies operates in the field of customs and transport logistics since 1998. During this time we have assembled an excellent team experienced specialists who know all the intricacies of their work, carry out customs clearance operations quickly, in accordance with the procedure established by law and with high efficiency. Our employees collect the necessary information, first check its correctness and relevance, carry out the registration quickly and without delay, thereby saving the customer’s time and money. Reports are generated on the work done, which your organization will receive. We are interested not only in the effective development of our business, but also yours. Therefore, we offer our customers solutions that allow them to optimize their costs.

Our company guarantees the quality of services and fulfillment of all obligations. We value the trust that the declarant places in us, therefore we always fulfill the assigned tasks clearly and promptly.

Requirements for candidates

Carry out operations to place goods under a certain customs procedures Only a citizen of the Russian Federation who has a higher specialized education and a certificate confirming his qualifications can do so. He is an employee of the broker and carries out activities on his behalf.

To obtain a certificate, you must undergo the appropriate procedure and training, which are conducted by specialized training centers. In addition, after receiving the certificate, the design specialist is required to undergo a professional development program every two years. The certificate does not expire, but in some cases it can be revoked.

Revocation of certificate

Grounds for cancellation:

• the document was received in violation of the norms and rules for certification; forgery of documents that were used to obtain it was revealed;
• a citizen is prohibited by a court decision from carrying out such activities;
• the fact of disclosure of a trade secret that was obtained in the course of professional activity was revealed;
• the specialist was brought to administrative responsibility more than twice for violations in the customs sphere during the period of the punishment;
• ignored the professional development program.

If a fact has been confirmed that is the basis for deprivation of the certificate, then the authorized customs authority makes a decision to revoke the document. After this, the person against whom the proceedings were initiated receives a copy of the decision, which can appeal in the prescribed manner.

If the certificate has been revoked, it is possible to obtain it again if:

• at least one year from the date of the decision to revoke the certificate, if the reason was forgery of documents
• at least one year from the date of the decision, if the reason for deprivation was the use of information that is a trade secret;
• at the end of the period of administrative responsibility;
• at the end of the sentence.

A customs clearance specialist is a hired employee who, within the framework of the law, prepares documents for the movement of goods during export-import operations. This is a sought-after profession in vacancies, since the time spent on registration and the amount of the client’s expenses for this procedure depend on the skill of the specialist. Each client is unique for us. We are always ready for long and mutually beneficial cooperation.

In accordance with Part 3 of Art. 55 of the Constitution of the Russian Federation, paragraph 1 of Art. 22, paragraph 3, art. 23, paragraph 1, art. 49 Civil Code RF and Art. 3 Labor Code Russian Federation restrictions on the legal and legal capacity of persons, including the implementation individual species activities can only be established by law.

Legal status declarant is determined by Art. 126 of the Customs Code of the Russian Federation (hereinafter - the Labor Code of the Russian Federation). In this capacity they can act Russian faces, acting on its own behalf (clause 15, clause 1, article 11 of the Labor Code of the Russian Federation). In addition, declarants can be any other persons who have the right, in accordance with the norms of civil legislation, to dispose of goods within the customs territory of the Russian Federation (clause 1 of Article 126 of the Labor Code of the Russian Federation). There are also a number of exceptions that establish the possibility for foreign persons to act as a declarant.

The customs legislation of the Russian Federation does not contain such a requirement as the declarant having a qualification certificate of a customs clearance specialist.

Customs clearance specialist

First, let's define who he is. In accordance with paragraph 1 of Art. 146 of the Customs Code of the Russian Federation, a customs clearance specialist is an individual who meets the established qualification requirements and has a qualification certificate as a customs clearance specialist.

The organization has the right to act as a declarant within the meaning of clause 1 of Art. 126 of the Labor Code of the Russian Federation and at the same time is not a customs broker by status. At the same time, the presence of a qualification certificate of a customs clearance specialist from a full-time employee of the declarant carrying out the preparation and submission customs authority a cargo customs declaration based on a power of attorney is not required.

The requirement for the staff to have at least two customs clearance specialists with a qualification certificate as a condition for including an interested party in the Register of Customs Brokers (Representatives) is established by paragraph. 1 tbsp. 140 of the Labor Code of the Russian Federation only in relation to organizations that intend to operate as a customs broker (representative).

Therefore, the rights and obligations of an organization acting as a declarant arising in connection with customs clearance can be exercised by any authorized employee of the organization.

Customs Broker

As mentioned above, in accordance with Art. 140 of the Customs Code of the Russian Federation, one of the conditions for including a company in the Register of Customs Brokers (Representatives) is the presence on the company’s staff of at least two customs clearance specialists with a qualification certificate.

Qualification certificates of customs clearance specialists must be attached to the company’s application for inclusion of the company in the Register of Customs Brokers (Representatives).

It should be noted that the requirement for the company to have at least two customs clearance specialists on staff applies not only at the time the company is included in the Register of Customs Brokers (Representatives). From Art. 145 of the Labor Code of the Russian Federation it follows that failure by a customs broker (representative) during the period of his activity to at least one of the conditions for inclusion in the Register of customs brokers (representatives), established by Art. 140 of the Labor Code of the Russian Federation, is the basis for revocation of the certificate of inclusion in the Register of customs brokers (representatives).

Therefore, the staff of an organization operating as a customs broker must include at least two customs clearance specialists with qualification certificates. Otherwise, the certificate of inclusion in the Register of Customs Brokers must be revoked in accordance with Art. 145 Labor Code of the Russian Federation. If the certificate is revoked, the organization will not be able to carry out its activities as a customs broker.

Within the framework of the current customs and civil legislation, activities as a customs broker (representative) can be carried out by a legal entity, including through its separate divisions, subject to compliance with the requirements of the Labor Code of the Russian Federation. We also note that the requirement for the presence of specialists in the staff of a branch of a legal entity for inclusion in the Register is not established by law. The absence of such a requirement is due to the status of the branch under civil law (Article 55 of the Civil Code of the Russian Federation).