Dear Member,
In the letter dated 10.10.2024 and numbered 11041 sent to our Chamber from the Union of Chambers and Commodity Exchanges of Türkiye,
The announcement text titled "Problems Experienced by Our TIR Drivers in Russia-Magaramkent City" made by the General Directorate of International Service Trade of the Ministry of Commerce is as follows.
"According to the information received from our Moscow Trade Counselor's Office, it is stated that some of our drivers carrying passenger cars from Kazakhstan to Azerbaijan via Russia have been kept waiting for some time in the city of Magaramkent in the Republic of Dagestan, near the Russia-Azerbaijan border.
In the meetings held by our consultancy with the parties to the issue;
- It was determined that a transit declaration was made in Kazakhstan, which is within the Eurasian Economic Union (EAEU) customs area, for some passenger cars exported from China to Azerbaijan, but the declared means of transport and the actual vehicles carrying out the transport were different,
- Federal Law No. 195-FZ of 30.12.2001 on Administrative Violations of Dagestan Customs; provisions on penalties to be applied in cases of failure to present the goods transported under the transit regime to the destination customs office, change of carrier without the permission of the customs office, loss of transit goods under customs supervision or failure to present commercial documents and transport documents related to transit goods to the destination customs office,
- A penalty decision of 310,000 rubles (approximately 3,500 US dollars) was issued for each declaration subject to regime violation in accordance with the relevant legislation,
- If the penalty is paid within 20 days, it can be paid with a 50% discount,
- It has been learned that the penal action is applied to the transit declarant, not the carrier.
As a result of the consultations conducted with our drivers by our consultancy, it was understood that the drivers were not informed about the customs status of the vehicles loaded in Kazakhstan, they were not given a customs declaration or any documents replacing the declaration, they were told that the necessary documents would be delivered to them at the exit stage from Russia, and that transportation had been done in this way many times before and no problems were experienced.
In this context, in order for our drivers carrying out transportation within the AEB customs area not to encounter similar problems again;
- They must meticulously comply with the provisions of the AEU customs legislation and transportation legislation,
- Checking that the commercial, transportation and customs documents required for international road transport are complete and accurate,
- Comply with transit routes and durations,
- Acting in accordance with the directives of the customs administrations,
- Our Consultancy has also stated that in cases where the goods cannot be presented to the destination customs office due to force majeure, they must immediately inform the customs office and take action with the knowledge and approval of the customs office, and that it would be beneficial to show maximum sensitivity in this regard."
Best regards.
11 Ekim 2024