Novorossiysk - Container and Ro-Ro Cargo Declarations

October 2005

In October 2004 the Russian Federation Code on Administrative Violations was amended with regard to customs violations.  Since then, container and ro-ro carriers have encountered problems with the Novorossiysk customs authorities in connection with declarations detailing the weight, quantity and description of the cargo delivered in containers and vehicles carried on board. This information is required pursuant to clause 74 of the Russian Federation Customs Code. If there is a discrepancy between the declared information and the actual cargo in a container or a vehicle, administrative proceedings will be brought. The minimum level of fine stipulated by clause 74 is RUR 50,000 (US$ 1800 approx).

In the past, the customs authorities have brought administrative proceedings even in cases of clerical errors in documents or on discovery of advertising materials about the goods delivered. Such proceedings do not correspond to  Russian Federation Law or International Conventions signed by the Russian Federation in the customs control sphere. 

Some carriers have taken the path of least resistance and have paid the fine instead of appealing to the Court or to a superior body. However, in cases when the value of the cargo misdeclared exceeds RUR 250,000 (US$ 9,000 approx) criminal proceedings can be instituted against the Master. Investigators insist that the Master has the opportunity and ought to check the contents of the containers. The clause of the RF Criminal Code (contraband) under which the Master is called to account, stipulates sanctions from a fine of RUR 100,000 (USD3,600) to imprisonment for up to 5 years. When such criminal proceedings are brought, the Master is disembarked from the vessel and must stay in Russia for the whole period of the investigation which can last up to 6 months.

Members should ensure that Masters are extremely attentive while presenting to the Customs authorities information about the weight, quantity and description of the goods carried in the containers and vehicles. Members should consider appeal to court or higher administrative bodies against action taken by the customs authorities as experience shows that there is often a good defence to such actions. 

With thanks to Delavshok & Partners Ltd, Novorossiysk, for supplying this information.