Hello, dear (Aya) colleague! In today's article, we will talk about the declaration of the country of origin of the goods with participation in procurement within 44-FZ. Such a declaration is necessary if the customer under the procurement is established a ban on the admission of goods originating from a foreign state or a group of foreign countries (Article 14,4-FZ "National Mode" and). The national regime was introduced at the legislative level to create the benefits of manufacturers from EAEU countries (Russia, Belarus, Armenia, Kazakhstan, Kyrgyzstan). In this article we will understand in detail what documents allow you to confirm the country of origin of goods (SPT) and where to take them.
1. Country of origin of goods
Let's start from the very beginning. So…
Country of origin of goods It is a country where the goods were fully manufactured or subjected to serious processing or processing in accordance with the established criteria (criteria of sufficient processing).
The country of origin of goods can be confirmed by the following documents:
- Certificate of the origin of the goods ST-1 . This document confirming the fact of the production of goods in the exporter's country and is issued by the authorized bodies of this country. In our country, the CT-1 certificate is issued by the Chamber of Commerce or one of its regional units. You can read more about this certificate;
- Declaration of the country of origin of goods . This declaration is a statement made by the manufacturer of goods, a seller or other person who sends it from the country of origin. Information is made to the application, on the basis of which it is possible to determine which country it was produced in the country.
2. Samples of the Declaration of the country of origin of goods for legal entities and IP
The SPT Declaration to participate in the procurement of 44-ФЗ is prepared very simply and is a document prepared on the company's brand book of procurement. If you are an individual entrepreneur, you can do without a brand name.
The declaration consists of the following mandatory attributes:
- Cap which indicates the "Declaration of the country of origin of the goods offered to supply";
- Text block Next content "In order to execute P.6 Ch.5 Art. 66, Part 4 of Article 14 of the Federal Law of April 04, 2013 No. 44-FZ "On the contract system in the sphere of procurement of goods, works, services for providing state and municipal needs", the order of the Ministry of Economic Development of Russia of March 25, 2014 No. 155 "On the conditions for the admission of goods originating from foreign countries for the purposes of procurement of goods, works, services for state and municipal needs" "Member name "Reports:"
- Table consisting of three columns: No. p / p, product name and name of the country of origin of goods. In this table, the participant declares the GTT offered for the delivery of goods. Important moment: The NSPT should be indicated in accordance with the all-Russian classifier of the countries of the world (the Resolution of the State Standard of Russia dated December 14, 2001 No. 529 "On the adoption and enactment of the All-Russian Country Classifier"). There we will need an application A - names of the countries of the world in alphabetical order.
- Position, FULL NAME, Signature, Printing (if available) . Important moment: It is not necessary to print a document, sign, put print and scan on it. You can attach this document on the electronic platform as an ordinary file in * .doc format without signature and print, because It will be signed by an electronic signature.
Ready Samples of SPT Declarations You can download below:
Sample declaration for IP - download
Sample Declaration for Jurlitsa - Download
3. Does the declaration need or simply specify the country of origin of the goods?
In accordance with P.P. "S" paragraph 1 of Part 2 of Article 51, paragraph 6 of Article.66, paragraph 6 of Part 3 of Article 73 of the procurement participant in the application must be provided with documents confirming the compliance of the procurement participant and (or) offered It is a product, work or services to conditions, prohibitions and restrictions established by the Customer in accordance with Article 14 44-FZ, or copies of these documents (in contests and quotation requests - certified copies of these documents).
In accordance with paragraph 1 of paragraph 13 of Order No. 155, the confirmation of the country's origin of the goods listed in the list attached to Order No. 155 is the Procurement Participant Declaration.
However, in paragraph 2 of paragraph 13 of the Order No. 155, it is also said that if the participant of the procurement does not provide the relevant declaration, the provisions of this order simply do not apply to such a participant (ie preferences).
In accordance with the letter of the Ministry of Industry of Russia of Russia dated December 2, 2014 No. 07-3347, according to Resolution No. 656, the country's origin of the goods specified in paragraphs 1-14, 28 and 43-66 of the list of goods named in annex to this resolution is a certificate of The origin of the goods, that is, the certificate of ST-1, issued in accordance with the agreement on the rules for determining the country of origin of goods in the CIS of November 20, 2009
Thus, in the absence of the Certificate of St-1 in the application of the participant's application, such an application will be rejected even if it contains the place of origin of the goods.
If the goods have no analogues produced in the Russian Federation (PP of the Russian Federation of July 17, 2015 No. 719 "On the confirmation of the production of industrial products in the Russian Federation"), then in this case, the SPT is confirmed by the act of examination from the Ministry of Industry RF.
4. Changes in the declaration of SPT from 01.07.2018
From July 1, 2018, the 44-FZ entered into force the amendments made in December 2017 by Federal Law No. 504-FZ.
According to these amendments, if there will be no documents provided for by regulatory legal acts adopted in accordance with Article 14,44-ФЗ, this application will be equated to the application, which contains a proposal to supply goods derived from a foreign state or group. Foreign states, works, services, respectively, carried out by foreign persons.
Thus, the participant will lose their respective preferences, but his application will not be rejected.
The application will be rejected only if there is an obvious ban on the purchased goods, works, the services, provided for by Article 14,44-ФЗ.
On this, my article came to an end. I will be very happy if this information helped you understand the question of the declaration of SPT. And if so, then put a pair of "likes" and click on the star, so that this article is more likely to find other purchases participants.
If the product is distributed to the product, the customer specifies the requirement in terms of schedule, and writes in the procurement documents:
- The reference to the Government Decision, in accordance with which the scale acts.
- With the help of what documents the participant confirm that the goods are produced in the country from the EAEU.
- The condition that the participant points out the price per unit of each position and is responsible for unreliable information about the country of origin of the goods.
What documents confirm the country of origin?
What document to apply to the application depends on the type of product. It can be:
- declaration in free form about country of origin,
- act examination TPP (valid 1 year),
- certificate of ST-1 issued on the basis of this act or applied to the supplier: one-time, three-month or annual (for medication),
- a copy of a special investment contract, or a speaker (Jurlso invests\u003e 3 billion rubles. in the production of goods in the territory of the Russian Federation, and the state purchases its products without a contest).
In procurement of some products, the government indicates that the procurement participant can confirm the country of origin, for example:
- In the purchase of radio-electronic products:
- Speaker,
- confirmation by the Ministry of Industry of Russia's production of these goods in Russia,
- notification of the Ministry of Industry, to confirm the status of telecommunications equipment of Russian origin,
- one-time or annual certificate ST-1.
- In the procurement of furniture or engineering goods:
- Speaker,
- act examination TPP,
- certificate ST-1.
- When purchasing medical care, for which the restrictions are installed, the Certificate ST-1.
- In the procurement of products - a declaration of the country of origin of goods and a declaration of product producer (in free form).
- In the supply of goods of light industry - the declaration of the country of origin of goods, materials and semi-finished products, of which goods produced.
- In the procurement of software - the name of the software product and the declaration in free form of the country of origin.
If the purchase has not established a mandatory requirement to provide the certificate of ST-1, the participant simply declares the country of origin of the goods, that is, the manufacturer and seller of products can independently draw up a declaration on where the goods were produced according to ricaze of the Ministry of Finance of Russia dated 04.06.2018 No. 126n.
The name of the country of origin of goods should be indicated in accordance with the all-Russian classifier of the countries of the world. For example, there is no country of the Russian Federation, but there are Russia or the Russian Federation.
What will happen if you do not attach to the application confirming documents?
- If a ban on the purchase of foreign goods is valid, the application without supporting documents is rejected. For example, if you deliver furniture or light industry products.
- If there is no prohibition on a foreign product, but there is a price preference for Russian goods, then your application will be considered as a foreign one. That is, auction will have to conclude a contract with a price of 15% less from the proposed, and in other competitive purchases you will not receive a decrease in the coefficient to your price when evaluating the application.
- If the purchase is the "Third End" rule, your application will be considered as an application with a foreign product. If a minimum of two participants came to the purchase, which confirmed the Russian origin of the goods, you will be rejected.
What will happen if in the declaration and st-1 specify different data?
In the 1st part of the application for an electronic auction, the supplier must declare the country of origin, and in the 2nd apply the CT-1 certificate if it is required.
When considering applications for auction, the customer compares the documents in both parts of the application: the country of origin in 1 part and the country in ST-1 into 2 parts. If there is a divergence of data, it means that the winner of the application provided unreliable data. Then the application will be rejected as inappropriate procurement requirements.
How does the customer check the origin of the goods?
If the application is enough to declare the country of origin, the customer believes the winner of the procurement "for the Word": writes in the contract specified by the country of origin and checks the documents only at the time of acceptance of the goods.
If the purchase requires ST-1, the state transactions themselves can make sure of its authenticity. You can check the fact of issuing a certificate of origin in the Special Registry on the official website of the TPP.
Is it possible to declare Russian goods, and put the Chinese?
If the purchase acted naturally and you won the goods from the EAEU, then you can not put a foreign product. The customer is obliged to refuse such a product. The winner will have to supply goods to Russian origin or terminate the contract:
- If the customer goes to meet, then by mutual agreement.
- The customer will terminate the contract unilaterally or on the court on the basis that the Supplier has provided unreliable information on the conformity of its goods to the requirements, which allowed him to become a winner in procurement (paragraph 1 of Part.15 of Art. 95 44-FZ). In this case, the supplier falls into the RNP and loses the provision of contract.
You can change the country within the framework of the EAEU (for example, bring the goods made by the same manufacturer at the Russian factory, and not in Kazakhstan). In this case, it is impossible to change the characteristics of the goods.
How to get a certificate of ST-1?
The document is issued in the Regional TPA on the basis of an examination act performed by the specialists of the same chamber. Such an act is valid for a year after issuance. To get a certificate, a bidder writes a statement in the CCI and applies to the application:
- expanding documents (for Jurlitsa - certificate of registration and registration, for the individuality - passport),
- annual examination (if it is).
If the act is not, then to obtain ST-1 you need to submit:
- license to produce goods,
- information that confirm the ability to produce goods (it is better to clarify in the CCI, which one).
What will happen if in the application part of the Russian product, and part of a foreign one?
If a ban on the purchase of foreign goods is valid, then applications are rejected with partially or completely foreign products. And if the price preferences act, the validity of the customer depend on the cost of goods from the EAEU in the application.
In auction
- If the cost of goods from the EAEU is more than 50% of the entire price of the application, the supplier has the right to preferences and its price will not be reduced by 15% when victory.
- If in the application of the auction winner, the cost of EAEU member states is less than 50% of the cost of the rest of the proposed goods, then the entire contract price will be reduced by 15% when victory.
In other competitive purchases
If in the competition, the request for proposals and the quotation, the participant offers more than 50% in his application from EAEU, it receives preferences and the price of its application is used downward coefficient.
The value is precisely the price, and not the volume of goods. For example, 51% of the application volume is a foreign production salt, and 49% - sugar from the EAEU. But since sugar is more expensive, the cost of the Russian commodity in the application will be more than 50% of the price of all purchases, and the supplier will receive preferences. That is why the customer in procurement with a field asks to indicate the origin and the cost of each item.
What if the purchased goods do not produce in the EAEU
In this case, the customer can buy a foreign product. The only document that proves the lack of Russian analogues will be the corresponding conclusion of the Ministry of Industry. Other evidence The Customer ignores and dismiss the application with a foreign product.
If you have more questions about the use of national, leave them in the comments.
Information about the country of origin of goods is declared in the Declaration on Goods. This information may be confirmed by any commercial documents: a contract, packaging sheets, a manufacturer's stigm, etc. However, the customs authority has the right to demand the presentation of a special document confirming the country of origin of the goods - a certificate of origin of the goods.
In support of the country of origin of goods, the customs authority has the right to demand submission of documents confirming the country of origin of goods.
Documents confirming the country of origin of goods are the Declaration on the origin of the goods or the certificate of origin of the goods.
The Declaration on the origin of the goods is a statement about the country of origin of goods made by the manufacturer, the seller or the sender in connection with the export of goods, provided that information indicates that it is indicated to determine the country of origin of goods.
The certificate about the origin of the goods is a document that is uniquely indicating the country of origin of goods and issued by authorized bodies or organizations of this country or the country of export if the certificate is issued in the country the certificate is issued on the basis of information obtained from the country of origin of goods.
To date, the issuance of certificates of the country of origin is made by the Chamber of Commerce and Industry of the Russian Federation in respect of goods exported from the territory of Russia.
The certificate of origin of the goods is submitted simultaneously with the customs declaration and other documents submitted to the premises of goods imported into the customs territory of the Customs Union under the customs procedure. If the certificate is loss, its officially certified duplicate is taken.
When importing goods to the customs territory of the Customs Union, a document confirming the country of origin of goods is provided in the event that the country of origin of these goods in the territory of the Customs Union provides tariff preferences in accordance with the Customs legislation and (or) by international treaties of the TC member states. At the specified case, a document confirming the country of origin of goods is provided to the customs authority simultaneously with the provision of the customs declaration. At the same time, the provision of tariff preferences may be due to the need to provide a certificate on the origin of the goods for a particular form in accordance with the legislation and (or) international treaties of the Member States of the Customs Union.
The provision of a document confirming the country of origin of goods is not required:
1) If the goods imported into the customs territory are declared to the customs procedure of customs transit or the customs procedure of temporary importation with full exemption from the payment of customs duties, taxes, except in cases where the customs authority found signs that the country of origin of goods is the country, whose goods prohibited to import TC or transit through its territory;
2) if the goods move through the customs border by individuals in accordance with Chapter 49 of the Customs Code of the Customs Union;
3) if the total customs value of goods moved through the customs border sent at the same time in the same way the same sender to one recipient does not exceed the amount established by the CCC;
4) In other cases provided for by the Customs Legislation of the Customs Union.
The CIS countries adopted an agreement on free trade in Tov producing and moving between the above-mentioned countries. These goods when importing on there Ter TS is released from paying imports there. Country income in this case is exposed to a certificate for the form of ST1. Certification form A - making up the authorized face on it, English, FR Yaz. Informal content of certifications of verification of signatures of signatures and seals corresponds to the corresponding form St1. The conditions provided by the preferences of the import of the software there went to CIS-T demand-m in the CIS countries. Signs of occurrence and recycling is the definition of the CIS.
With the participation in procurement of 44-FZ, it is necessary to indicate in which country the goods are produced. What documents exist for this and who gives them out, read in our article.
What is a country of origin
The country of origin of the goods is a state where this product was produced from and to ". Also a country of origin will be considered a state in whose territory the goods were subjected to sufficient processing or processing in accordance with certain criteria.
The need to indicate the country of origin arises from a person who imports the goods - a declarant - in the process of its customs declaration. However, documents that confirm the information on the origin of the goods specified in the customs declaration may be requested by the customs authority. Two documents are a declaration and certificate of origin of goods.
Registration in EFIS EIS
From January 1, 2019 to participate in the auctions of 44-FZ, 223-FZ and 615-PP required registration In the EHF registry (the unified register of procurement participants) on the EIS portal (Unified Information System) in the procurement of Zakupki.gov.ru.
We provide a service for registration in EHF in Eis:
Certificate
You can get a certificate about the origin of the goods in the authorized body or organization of the country where it is imported. These organizations, in turn, give a certificate on the basis of information that receive from the country where the goods were produced.
On the territory of the Customs Union there are certain criteria, in accordance with which the country of origin of the goods is indicated. They are fixed in treaties between the EAEU member countries. But the goods are imported into the territory of the TC and from other states. At the same time, the country of origin can be indicated on the basis of some other criteria, which are established in these states. In this case, inside the EAEU country of origin should be determined in accordance with the criteria adopted in the Customs Union.
If the goods are exported from the territory of the EAEU, then the certificate of origin to it is applied in cases:
- if it is necessary in accordance with the terms of the contract or the rules of that country, where the goods are imported;
- if the international treaties require.
The certificate about the origin of the goods is applied to the customs declaration and other documents when the goods are placed under the customs procedure. If customs determines that the certificate is incorrectly decorated, then the declarant may be denied in the provision of tariff preferences. Also, the customs authority may request from organizations that issued such a certificate, additional documents and information.
Authorities or organizations that issued a certificate must keep information about its extradition, including a copy of its other documents, at least 3 years.
Declaration
The Declaration on the origin of the goods is a statement made by the manufacturer of goods, its seller or a person who sends him from the country of origin. The declaration includes information, on the basis of which you can determine in which country this product is produced. The Declaration on the origin of the goods may be considered, for example, commercial or other documents related to this product.
On the territory of the Customs Union regarding declarations, the same rule applies as for the certificate. That is, if the country of origin, specified in the Declaration, is determined by any criteria other than those adopted in the EAU, then local criteria should be used.
Presentation of documents
The certificate or declaration is provided to obtain tariff preferences. Of course, in the event that the state where the products was manufactured, the Customs Union gives these very preferences. In this case, the documents should be filed together with the customs declaration.
In addition, a document confirming the country of origin of the goods may be requested by customs officers when the unreliability of the information specified in the Customs Declaration is found. While this information affects the size of customs duty or other taxes.
In the following cases, confirm the origin of the goods and make a certificate or the declaration will not need:
- when moving across the border, the goods by individuals;
- when transit goods through the customs territory with exemption from paying duties and taxes (except when customs officers found that the goods are imported from the territory of the country, the importation of which is prohibited);
- if the cost of imported goods less than a certain amount established by the Commission of the Customs Union;
- in some other cases provided for by the legislation of the Customs Union.
Aydar Rinatovich Salakhov, Head of the Commodity Nomenclature Department and the origin of goods of Tatarstan customs
Report of the head of the department of the commercial nomenclature and origin of goods of Tatarstan customs A. R. Salakhov in Kazan at a public event for participants in foreign economic activity and other interested persons on the law enforcement practice of customs authorities and compliance with mandatory requirements, March 21, 2019.
The Declaration on the origin of the Goods is a commercial or any other document related to the product and containing information about the origin of the goods declared by the manufacturer, the seller or the sender of the country of origin of the goods or the country of export of goods. For example, invoice, CMR, billion, packaging sheet, etc. ().
However, the requirements for the certificate of the origin of the goods have changed. According to the certificate of origin of the product - a document of a particular form, indicating the origin of the goods and issued by an authorized state body or an authorized organization of the country of origin of the goods or in cases established by the rules for determining the origin of imported goods or the rules for determining the origin of the exported goods - the country of exporting goods.
Earlier, under the certificate of origin of the goods, a document was understood, unambiguously indicating the country of origin of goods and issued by authorized bodies or organizations of this country or the country of export.
Also, earlier, if the certificate about the origin of the goods is issued with violations of the requirements for its design and (or) the completion established by the customs legislation of the Customs Union, the customs authority independently decided to refuse to consider such a certificate as a basis for providing tariff preferences.
In this case, documents and information on the origin of goods, including their accuracy, as well as the authenticity of certificates on the origin of goods, the correctness of their design and (or) fill is the correctness.
Special attention should be paid to the need to confirm the origin of goods. Thus, in the case of the statement of the origin of the goods, it is unknown, and in relation to these goods, the measures of customs tariff regulation, prohibitions and restrictions, measures to protect the domestic market, depending on the origin of goods, the customs authority has the right to request documents on the origin of goods.
And in the event of an unsuitability of the origin of goods, imported customs duties are calculated on the basis of rates established by the Unified Customs Tariff of the Eurasian Economic Union, and special, anti-dumping, compensatory duties are calculated on the basis of the largest rates.
In conclusion, I would like to say that our task is with you, to make everything possible to simplify the declaration of goods. Thus, at present, in cases of imprisonment of foreign economic contracts (contracts), it is necessary to further provide for the obligation of suppliers on the presentation of certificates on the origin of goods along with other documents accompanying delivery data. And pay special attention to compliance with the requirements for completing these certificates.