Dual controls of the delivery of goods from Ukraine to Kazakhstan in transit through the territory of the Russian Federation

Currently, there is a special procedure for import and transportation of goods from Ukraine to Kazakhstan through the territory of Russia, which was approved by the Presidential Decree #1 dated by 1^st of January 2016, according to which the transportation of cargo by railway and freight cars, shall be subject to the use of seals, functioning on the basis of technology GLONASS global navigation satellite system.

The implement this provision on April 6 of this year was adopted the Resolution of the Russian Government #276 (hereinafter - the Decision), according to which from 16^th of April 16 this year, the use of seals based on the GLONASS system is mandatory for all vehicles (cars and railway), following from the territory of Ukraine to the Republic of Kazakhstan.

Basic requirements for the carriage of goods, approved by the Resolution:

Attachment (removal) of the seal for the transport is carried out at the entrance (exit) to the territory of the Russian Federation in stationary or mobile checkpoints, including checkpoints, located on the railway stations;

Reference: checkpoints at the Belarusian-Russian section:

Railroad checkpoint: station Smolensk Sortirovochnaya, Zadneprovsky customs post of Smolensk customs;

Auto checkpoint: Krasninskyi customs post of Smolensk customs.

Attachment (removal) the seal is made at the expense of the sender or the consignee;

Drivers of vehicles when entering the territory of the Russian Federation must obtain accounting vouchers;

On departure from the territory of the Russian Federation accounting vouchers must be returned to the official of the Federal Service for Transport Supervision.

It should be noted that in case of violation of the order of attachment (removal) of seals on the basis of the GLONASS system, accounting coupons are recognized as void.

Unfortunately, despite a number of approved claims, there is no official information on the following:

-on setting tariffs for the value of seals of the GLONASS system;

-on the issuance and delivery of the seals on the basis of GLONASS;

-on the responsibility of the authorized person of the carrier upon return of failed seals on the basis of GLONASS;

-the need for the simultaneous application of customs escort (convoy) and the seals on the basis of the GLONASS system.

Acting Deputy Chairman of NCE RK "Atameken" Dana Zhunusova, focuses on the fact that forroad transport, the most important thing is application of customs escort (convoy) in relation to the vehicles, which set the seal on the basis of the GLONASS system. According to Zhunusova, in case of two types of control in the form of installation of seals and guards, carriers will have to bear double costs associated with their payment, which is a significant additional financial burden for both the carrier and the recipient of the goods. The lack of clarity in this situation raises serious concerns among Kazakhstani business.

The question of interaction of the FCS of Russia and the Federal Service for Supervision of Transport in terms of ensuring control over the car and train transportation is still open. In accordance with the Decree, two services are given a task to establish interaction for the installation (removal) of seals during customs control of cargo from Ukraine to Kazakhstan via Russia. However, given the division of control between two federal agencies, how all this will occur remains unknown.

Since April 16 of this year NCE RK "Atameken" received oral applications of carriers of vehicles that are currently on the Belarusian-Russian border, crossing point "Krasnaya Gorka" in Smolensk. According to the information of carriers, part of the vehicles, despite the set seals on the basis of GLONASS, awaits customs escort of cargo.

In fact, there is a situation when the innovation in the form of installation of seals is not fully tested, leading to the accumulation of vehicles on the Belarusian-Russian border. And ultimately the entire burden, both financial and moral, again falls on the drivers, shippers and receivers of goods in Kazakhstan.

In addition, Dana Zhunusova reported that prior to the entry into force of the requirement for installation of seals, there were regular problematic issues with long-term expectation of customs escort and the need to make non-cash payment for escort, which created difficulties for our carriers. But, nevertheless, due to the interaction of the State Revenue Committee of the Ministry of Finance of RK, the Union of International Road Carriers of Kazakhstan and the office of Russian Federal Customs Service in the Republic of Kazakhstan, it was possible to find optimal solutions in almost all cases.

The most important thing for the domestic business - is clear and transparent algorithm of actions with the introduction of mandatory requirements for the implementation of transit through the territory of any Member State of the Eurasian Economic Union. The lack of regulation of these important questions leads to such negative consequences for local entrepreneurs as failure to meet terms of delivery and the cost of transportation of goods increases.

In general, NCE RK "Atameken" believes that timely and full information about new or additional conditions of the transportation, both carriers and importers of goods, must always be proactive and create conditions for the exclusion of additional costs for entrepreneurs.

Taking into account the high importance of the issue for future deliveries of goods from Ukraine to Kazakhstan, NCE RK "Atameken" has sent an appeal to the State Revenue Committee of the Ministry of Finance of RK and the Ministry of Transport of the Russian Federation to submit the official explanation for all the missing information.

NCE RK "Atameken" has repeatedly said that "sanctions", imposed by the Russian policy, had serious negative impact on the foreign economic activity of Kazakhstani businessmen. For more than 1.5 years, our carriers and as a consequence the cost of transportation of goods from third countries to Kazakhstan, is directly dependent on the innovation of state bodies of the Russian Federation.

The list of requirements that put control authorities of the Russian Federation on the transportation of goods to Kazakhstan in transit through its territory is endless: full 100% customs clearance of cargo at the external border of the EAEU; the establishment of the route of the customs authorities of the Russian Federation at the outer edge with obligatory registration at customs bodies of the Russian Federation on the route to Kazakhstan (at least one check point, usually  two); second 100% customs clearance of cargo, which goes through the territory of the Russian Federation under the seals, put by the customs authorities of the Russian Federation at the external border; establishment of railway and cars crossing points for the import of goods subject to veterinary inspection; new route for the delivery of goods from the territory of Ukraine, etc.

This list clearly demonstrates that there is no limit to perfection, and no limit to the list of requirements for transport in Kazakhstan. While speaking about the facts of violations by the Kazakh carriers, then the Russian Federal Customs Service official information (provided on request SPE RK "Atameken") for the period from 1 January to 28 October 2015 98 587 consignments placed under the customs transit procedure, It had 177 cases of administrative offenses (violations reasons were not specified).

However, information about false transit of goods is published in the media with enviable regularity in the Republic of Kazakhstan, but do not reach the destination and stay on the territory of Russia. There is no official confirmation of cases of "false" transit, as well as analysis of data matching on the number of traffic violations. As there is no selectivity principle stipulated by the regulations of EAEU, during the customs control in respect of Kazakhstani goods in transit through the territory of RF. In case of existence of problematic issues in the course of the transport of goods through the territory of the Eurasian Economic Union, please contact the Department of economic integration of the Republic of Kazakhstan of NCE RK tel. +7 7172 91 93 73.