Publication date: 11.06.2024
Legal aspects of customs clearance of goods received through postal and courier services
Introduction
With the development of e-commerce and globalization, the volume of international postal and courier shipments has increased significantly. This requires improvement of customs procedures to ensure effective control and simplification of the customs clearance of goods arriving via postal and courier services. In this article, we will consider the main legal aspects of customs clearance of such goods, including rules, documents and liability for violations.
Basic rules of customs clearance
Declaration of goods:
- All goods arriving via postal and courier services are subject to customs declaration. This includes filling out a customs declaration, which must contain information about the sender, recipient, description of the goods, their value and quantity.
Simplified procedures:
- To facilitate the customs clearance of postal and courier shipments, simplified procedures such as pre-declaration or electronic declaration may be applied. This reduces the time for customs clearance and speeds up the delivery of goods.
Restrictions and prohibitions:
- There are certain restrictions and prohibitions on the import and export of certain categories of goods through postal and courier services. For example, it is forbidden to send weapons, narcotic substances, certain types of medicines without appropriate permits, etc.
Required documents
Customs declaration:
- The main document for customs clearance is the customs declaration. It can be executed in paper or electronic form and must contain full information about the goods and their value.
Invoice and transportation documents:
- An invoice and transportation documents, such as a waybill or air waybill, are required documents for customs clearance. They confirm the value of the goods and the terms of their delivery.
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Certificates and licenses:
- Some categories of goods may require additional documents, such as certificates of conformity, sanitary and epidemiological conclusions, or import/export licenses.
Liability for violations
Administrative liability:
- Violations of customs clearance rules, such as failure to declare goods or providing false information, may result in administrative fines. The amount of the fine depends on the nature and seriousness of the violation.
Criminal liability:
- In cases of serious violations, such as smuggling or trafficking in prohibited goods, criminal sanctions may be imposed, including imprisonment and significant fines.
International experience
European Union:
- EU countries have unified rules for customs clearance of postal and courier shipments. This includes the use of electronic customs declarations and simplified procedures for low-value goods.
USA:
- In the United States, customs clearance of postal and courier shipments is regulated by the Customs Code and other regulations. To simplify the process, a system of preliminary electronic declaration is used.
TitleCanada:
- Canada has a simplified customs clearance system for postal and courier shipments, which includes the use of electronic declarations and automated control systems.
