By the Decree of the President of the Russian Federation (the RF President) No. 305 dated 29 June 2016 the period of effectiveness of the special economic measures – the embargo on import of certain agricultural products, foods and raw materials originating from countries that imposed economic sanctions on Russia- was extended from 6 August 2016 through 31 December 2017. The Government of the Russian Federation (the RF Government) is instructed to take the necessary measures for the implementation of the Decree No. 305, as well as to submit proposals for change of the period of effectiveness of the respective special economic measures. The embargo was first established by the Decree of the RF President No. 560 dated 6 August 2014 and then extended by the Decree No. 320 dated 24 June 2015. The Decision of the RF Government No. 1458 No. 560 dated 7 August 2014 (as amended) specifies:
- the countries of origin of agricultural products, raw materials and foods: Albania, Australia, Canada, Iceland, Lichtenstein, Montenegro, the EU member-states, the Kingdom of Norway, the Ukraine1 and the United States of America;
- the list of agricultural products,
raw materials and foods banned for import in Russia (referring to
the Foreign Economic Activity Commodity Classification of the
Customs Union) originating from the mentioned countries which are
banned for import in Russia (the "banned products"), that
- meat of cattle and pork (fresh, chilled and frozen (with some exceptions));
- meat and edible by-products of certain poultry (fresh, chilled and frozen (with some exceptions));
- salty, dried, smoked meat and meat in brine;
- fish, shell fish, mussels and other aquatic invertebrates (with some exceptions);
- milk and milk products, including prepared products like cheese and cottage cheese (with some exceptions);
- vegetables, edible roots and tube crops (with some exceptions);
- fruit and nuts;
- sausages and other products from meat, meat by-products or blood; food products prepared on their basis;
- milk-containing food products and products on the basis of vegetable oils;
- food or finished products manufactured with the use of cheese production technologies and containing 1.5 and more weight percent of milk fat.
The Federal Customs Service of the Russian Federation (the FCS of Russia) controls the compliance with the embargo on import in Russia of the respective products. According to the Order of the FCS of Russia No. 1496 dated 7 August 2014 the heads of regional customs offices and customs directly reporting to the FCS of Russia, in particular, take the following measures:
- ensure the determination of the country of origin of the products imported to the customs territory of the Customs Union2 according to the established procedure, including actual control within the risk management system, if required;
- in case the facts of declaring of the banned products are detected, refuse in release of such products according to the declared customs procedure and take measures for their immediate export from the customs territory of the Customs Union.
Furthermore, the banned products imported to Russia are subject to destruction according to the Decree of the RF President No. 391 dated 29 July 2015. The products imported by individuals for personal consumption or placed under the customs procedure of customs transit and being transported to third countries are exempt from the Decree No. 391 subject to compliance with the following conditions:
veterinary and phytosanitary accompanying documents for such products are authentic and comply with the products;
the state controlling authorities have the grounds to consider that the products will actually be delivered to a place outside the territory of Russia, in accordance with the conditions for the customs procedure of customs transit.
The Regulations on destruction of agricultural products, raw materials and food products included in the list of products originating from Albania, Australia, Canada, Island, Lichtenstein, Montenegro, the EU member-states, the Kingdom of Norway, the Ukraine and the United States of America that are prohibited for import in the territory of the Russian Federation are approved by the Decision of the RF Government No. 774 dated 31 July 2015. According to the Regulations a decision on confiscation and destruction of the banned products is taken by authorized officers of the FCS of Russia or the Federal Service for Veterinary and Phytosanitary Supervision or the Federal Service for Supervision in the Domain of Consumer Rights and Human Welfare upon detection of the fact of performing of foreign economic operations contemplating import in Russia of the banned products, irrespective of whether or not the person (persons) performing such operations has been detected.
1. With respect to the Ukraine the embargo applies from 1 January 2016.
2. According to Article 2 of the Customs Code of the Customs Union the common customs territory of the Customs Union comprises the territories of the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, Kyrgyz Republic and the Russian Federation (the member states of the Customs Union), as well as artificial islands, installations, fixtures and other facilities located outside the territory of the member states of the Customs Union with respect to which the latter have jurisdiction.
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