XI. Make a summary of the text “Basic Customs Regimes”.

XII. Discuss the application of basic customs regimes with your partner. Unit 3.2 Economic customs regimes

Processing in the customs territory.

In accordance with Paragraph 1, Article 173 of the RF Customs Code processing in the customs territory means the customs procedure under which imported goods are used in the customs territory of Russia during a specified period of time (goods processing period) for the purpose of conducting operations on their processing with complete conditional exemption from customs duties and taxes provided that processed products should be taken away from the customs territory of Russia within a certain time period.

The main purpose of the customs regime is to provide domestic producers the opportunity to offer their products in foreign markets at competitive prices, while contributing to the economic development of the national economy and creation of jobs.

As can be seen from the contents of the customs regime of processing in the customs territory the imported goods are exempted from customs duties and taxes only provided that products of processing should be taken away from the customs territory of Russia within the prescribed period. If the processed products are removed with the violation of the specified time period, or if the customs procedure is completed by other means, imported goods are liable to customs charges, which would be paid if the goods were declared for release for free circulation on the day of their placement under the mode of processing in the customs territory.

The subsequent removal of countervailing goods is a key element of the regime of processing in the customs territory. The necessity of removing countervailing goods is set to avoid upsetting the balance of free competition between processors using the products in accordance with the mode of processing, and those who declare imported goods directly to free circulation.

Processing for domestic consumption.

Processing for domestic consumption is a customs regime under which imported goods are used in the customs territory of Russia during a specified period of time (goods processing period) for the purpose of processing operations, with complete conditional exemption from customs duties and with a subsequent release of processed products for free circulation with payment of customs duties at rates applicable to the products of processing.

Both the customs regime of processing for domestic consumption and the customs regime of processing in the customs territory allow the possibility to handle products not having the status of goods being in free circulation in the customs territory, with the provision of privileges on payment of customs duties. However, the mentioned regimes have differences, the most significant of which are as follows:

- The main way to complete the customs regime of processing on the customs territory is removal of refined products from the customs territory of Russia, while the customs regime of processing for domestic consumption is completed by placing them under the customs regime of release for domestic consumption (i.e., processing in the customs territory is oriented primarily on the removal of goods from the customs territory of Russia, and processing for domestic consumption is oriented on their importation into the territory, which can be seen in the regimes titles);

- When completing the customs regime of processing in the customs territory by the main method (i.e. by removing the refined products from the customs territory of Russia), import and export customs duties are not levied, but the use of the customs regime of processing for domestic consumption requires payment of VAT and excise taxes, if they are levied on imported goods, with placement of goods under the customs regime of processing and payment of customs duties when issuing the refined products for free circulation;

- In case of release of goods processed in the customs territory for free circulation, customs duties and taxes are levied on imported goods, and interest at the rate of refinancing of the Bank of Russia shall be paid in addition, as if the person was granted a delay from the date of placing goods under the customs regime of processing in the customs territory (i.e. goods in their legal status are equaled to goods imported for processing and originally released for free circulation). On completion of the regime of processing for domestic consumption customs duties are charged not on imported goods, but on processed products at the rates applicable to the products of processing;

- A limited range of goods may be placed under the customs regime of processing for domestic consumption.

Processing outside the customs territory.

The customs regime of processing outside the customs territory allows processing Russian goods outside the customs territory of Russia and to import processed products (food processing) with the provision of preferences in payment of import customs duties and taxes. The main economic value of the customs regime is to provide domestic producers the opportunity to cut production costs and offer their products on the domestic market at more competitive prices.

Within the framework of the customs regime of processing outside the customs territory tax benefits are granted in respect of:

- goods exported for recycling (complete conditional exemption from export customs duties);

- imported refined products (complete or partial exemption from import customs duties and taxes).

Given that the customs regime of processing outside the customs territory implies importation of the processed products into the RF customs territory, Paragraph 3 of the Article 197 of the Russian Customs Code provides that the exemption, refund or reimbursement of internal taxes on goods being exported for recycling, as opposed to goods exported under the export regulations (paragraph 2 of Art. 166 of the RF Customs Code), are not performed.