Authorized Economic Operator
An authorized economic operator is a legal entity created in accordance with the legislation of the Member States and included in the register of authorized economic operators in the manner and subject to the conditions established.
Certificate of inclusion in the register of authorized economic operators is issued at the moment when a legal entity is included in the register of authorized economic operators.
Since the certificate of inclusion in the register of authorized economic operators enters into force, the authorized economic operator is classified as low risk.
Special simplifications provided to an authorized economic operator
Special simplifications refer to the peculiarities of performing certain customs operations and conducting customs control and other peculiarities of applying the provisions of the Customs Code of the Eurasian Economic Union (hereinafter - the Code) applied depending on the type of certificate of an authorized economic operator.
The first type certificate entitles the authorized economic operator to use the following special simplifications:
- performance of customs operations related to the arrival of goods to the customs territory of the Union, departure of goods from the customs territory of the Union, customs declaration and release of goods as a matter of priority;
- authorized economic operator doesn’t have to provide customs transit of goods, when placed under the customs procedure, the declarant of which is an authorized economic operator, insurance of fulfilling the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties in cases where the provision of such security is established in accordance with Article 143 of the Customs Code;
- authorized economic operator doesn’t have to provide security for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties when releasing goods, the declarant of which is an authorized economic operator, with the specifics prescribed in Articles 121 and 122 of the Customs Code;
- release of goods before filing a declaration for goods in accordance with Articles 120 and 441 of the Customs Code;
- conducting of customs control in case of its appointment in the form of customs inspection or customs inspection as a matter of priority;
- acceptance by the customs authorities as a means of identification of seals imposed by an authorized economic operator on cargo spaces (compartments) of vehicles or their parts. The requirements for such seals are determined by the Commission;
- authorized economic operator doesn’t have to establish a route for the carriage of goods;
- priority participation in pilot projects and experiments conducted by customs authorities aimed at reducing time and optimizing the procedure for performing customs operations;
- transport operator, which is an authorized economic operator, must carry out unloading, reloading (transshipment) and other cargo operations with goods under customs control and exported from the customs territory of the Union, with the exception of goods transported (transported) in accordance with the customs procedure of customs transit, as well as replacement of international transport vehicles carrying such goods with other vehicles, including the removal of imposed seals and seals, without the permission of the customs authority in the region of which the relevant operation is carried out, or without its notification.
The second type certificate entitles the authorized economic operator to use the following special simplifications:
- temporary storage in structures, premises (parts of premises) and (or) in open areas (parts of open areas) of an authorized economic operator of goods of authorized economic operators;
- temporary storage in structures, premises (parts of premises) and (or) in open areas (parts of open areas) of an authorized economic operator of goods of persons who are not authorized economic operators, if this is provided for by the legislation of the Member States;
- delivery of goods to the customs control zone created in structures, premises (parts of premises) and (or) in open areas (parts of open areas) of an authorized economic operator, their placement in such a customs control area, customs control and customs operations related to completion of the customs procedure of customs transit, in such structures, premises (parts of premises) and (or) on open areas (parts of open areas);
- conducting customs control in structures, premises (parts of premises) and (or) in open areas (parts of open areas) of an authorized economic operator;
- performance of customs operations related to customs declaration and release of goods in a customs authority other than the customs authority in the region of which the goods are located, if such customs authorities are located on the territory of one Member State. The legislation of the Member States on customs regulation may establish the procedure for performing these customs operations when applying this special simplification;
- carrying out customs control in case of its appointment in the form of customs inspection or customs inspection as a matter of priority;
- application of identification means by an authorized economic operator;
- authorized economic operator doesn’t have to provide security for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties when releasing goods, the declarant of which is an authorized economic operator, with the specifics provided for in Articles 121 and 122 of the Customs Code;
- release of goods before filing a declaration for goods in accordance with Articles 120 and 441 of this Customs Code;
- authorized economic operator doesn’t have to provide security for the fulfillment of the obligation to pay import customs duties when the payment of import customs duties is deferred in accordance with paragraph 1 of Article 59 of the Customs Code, if an authorized economic operator acts as a declarant of goods.
The third type certificate entitles the authorized economic operator to use special simplifications of the first and second types simultaneously.
Priority in customs operations
Customs operations related to the arrival of goods into the customs territory of the Union or the departure of goods from the customs territory of the Union, performed by an authorized economic operator holding a certificate of the first or third type, are performed as a matter of priority if there are technical and infrastructural capabilities at the points of movement of goods across the customs border of the Union.
Customs operations related to customs declaration and release of goods are performed by the customs authority as a matter of priority if:
- the declarant of goods is an authorized economic operator who has a certificate of the first or third type;
- customs operations related to customs declaration are performed by a customs representative who is an authorized economic operator holding a certificate of the first or third type.
Peculiarities of temporary storage of goods in structures, premises (parts of premises) and (or) in open areas (parts of open areas) of an authorized economic operator.
Temporary storage of goods can be carried out in structures, premises (parts of premises) and (or) in open areas (parts of open areas) of an authorized economic operator holding a certificate of the second or third type that meets the requirements provided for in subparagraph 4 of paragraph 3 of Article 433 of the Customs Code.
Structures, premises (parts of premises) and (or) open areas (parts of open areas) are a customs control zone.
In structures, premises (parts of premises) and (or) in open areas (parts of open areas) of an authorized economic operator, it is allowed to store other goods together with goods in temporary storage in accordance with the procedure established by the legislation of the Member States on customs regulation.
There are peculiarities of customs operations and release of goods before filing a declaration for goods is case when declarant is an authorized economic operator
There are following customs procedures for goods which are declared for release before the submission of a declaration for goods submitted by the declarant who is an authorized economic operator
- output for domestic consumption;
- processing in the customs territory;
- processing for domestic consumption;
- free customs zone;
- free warehouse;
- temporary import (admission) without paying import customs duties, taxes and without paying special, anti-dumping, countervailing duties.
The authorized economic operator, who acts as a declarant of goods, submits an application for the release of goods before filing a declaration for goods in the form of an electronic document in case of declaring goods for release before filing a declaration for goods.
The declaration for goods in respect of goods, the release of which was made before the submission of the declaration for goods, must be submitted by the authorized economic operator to whom the application for the release of goods has been submitted, no later than the 15th day of the month following the month of release of goods.
In case when the declarant is an authorized economic operator, provision of security for the fulfillment of the obligation to pay customs duties, taxes, special, anti-dumping, countervailing duties is not required.
Our company is ready to offer you a full range of services within the framework of the current customs legislation of the Eurasian Economic Union to simplify and accelerate customs operations related to the activities of the Authorized Economic Operator.