GOVERNMENT OF THE RUSSIAN FEDERATION DECREE. dated 15 August 2014, No. 813 MOSCOW
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1 GOVERNMENT OF THE RUSSIAN FEDERATION DECREE dated 15 August 2014, No. 813 MOSCOW On the approval of Rules of the repeatedly crossing by foreign ships of the State Border of the Russian Federation without border, customs (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control In accordance with part twenty of article 9 of the Law of the Russian Federation On the State Border of the Russian Federation the Government of the Russian Federation decrees: To approve the attached Rules of the repeatedly crossing by foreign ships of the State Border of the Russian Federation without border, customs (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control Chairman of the Government of the Russian Federation D. Medvedev
2 APPROVED by the decree of the Government of the Russian Federation dated 15 August 2014, No. 813 R U L E S of the repeatedly crossing by foreign ships of the State Border of the Russian Federation without border, customs (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control 1. The present Rules establish the single order of the repeatedly crossing of the State Border of the Russian Federation without border, customs (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control (hereinafter repeatedly crossing of the State Border of the Russian Federation} by foreign ships navigating between Russian ports or marine terminals as well as in case of their leaving Russian ports for the inland waters or the territorial sea of the Russian Federation for the purpose of commercial navigation (except the activity in connection with the use of ships for fishery) with the subsequent arrival in Russian ports and also in other cases approved by the Government of the Russian Federation. The present Rules are applied to foreign ships if they meet the requirements, conditions and restrictions specified by parts 20 and 23 of article 9 of the Law of the Russian Federation On the State Border of the Russian Federation. 2. Foreign ships cross the State Border of the Russian Federation at sea in accordance with the Law of the Russian Federation On the State Border of the Russian Federation. 3. As to foreign ships, people, cargo and animals carried aboard, the border and customs control and in the cases established by international agreements of the Russian Federation and federal laws, other types of control are exercised in the points of admission across the State Border of the Russian Federation set in sea ports open for foreign ships on the arrival onto the territory of the Russian Federation and on the departure out of the territory of the Russian Federation. 4. After the border and customs control and in the cases established by international agreements and federal laws also other types of control in points of the admission across the State Border of the Russian Federation on the arrival upon the territory of the Russian Federation foreign ships may realize the repeated crossing of the State Border of the Russian Federation on the basis of the permission for the repeated crossing of the State Border of the Russian Federation without border, customs (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control (hereinafter permission for the repeated crossing of the State Border of the Russian Federation) granted by border authorities depending on the location of port out of which the departure of foreign ship for the purpose of commercial shipping in relation to the repeated crossing of the State Body of the Russian Federation is planned. 5. To obtain the permission for the repeated crossing of the State Border of the Russian Federation, shipowner or authorized person (hereinafter applicant) hands in an application to border authorities depending on the location of port out of which the departure of foreign ship for the purpose of repeated crossing of the State Border is planned for the permission of the
3 repeated crossing by a foreign ship of the State Border of the Russian Federation without border, customs (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other types of control made by the form according to annex 1 (hereinafter application). 6. The application is to be sent by facsimile or by not later than 10 days in advance of the arrival of foreign ship in a Russian port. 7. The following is attached to the application: a) transit plan of a foreign ship; b) crew list; c) list of passengers (if any). 8. Applicant on his own initiative can attach to the application a copy of permission for the transportation and towing in coasting trade as well as for other types of activity in the sphere of commercial navigation by foreign ships (hereinafter permission for the transportation and towing) (if the availability if such permission is required by the legislation of the Russian Federation). 9. If a copy of the permission for the transportation and towing is not submitted by applicant on his initiative the information thereof needed for taking decision as to the issue of the permission for the repeated crossing by foreign ships of the State Border of the Russian Federation is requested by border authorities with the state bodies participating in rendering public services having relevant information including that within the framework of the interdepartmental information interaction. 10. Decision of the issue or denial in granting the permission for the repeated crossing by foreign ships of the State Border of the Russian Federation is to be taken by the head of border authorities or public officer of the border authorities (hereinafter public officer of the border authorities) within 8 working days since the receipt of the application. 11. Permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is presented in the form according to annex 2, is signed by an official of the border authorities and sealed. Forms of the above permissions are documents of the strict accountability having registration series and number. 12. Permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is granted for the time indicated in the application (but not exceeding 1 year) and within the time of validity of the permission for transportation and towing (if availability of the permission for the transportation and towing is required by the legislation of the Russian Federation). Permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is valid within the specified route of the navigation of foreign ship and (or) area, where the repeated crossing of the State Border of the Russian Federation by a foreign ship is anticipated. 13. Permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is to be sent to the applicant by posting with the delivery receipt within 2 days after the decision is taken about its issue. At the same time, a copy of the above permission is to be sent to the applicant by facsimile or by . During the whole period of the validity of permission for the repeated crossing by foreign ship of the State Border of the Russian Federation its copy and copy of the permission for the transportation and towing (if the availability of such permission is required by the legislation of the Russian Federation) is in the possession of captain of ship. Copies of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation are to be sent as well to a customs body depending on the location of port out of which a foreign ship is to depart for the purpose of the repeated crossing of the State Border of the Russian Federation and to master of this port by facsimile or by within 1 day since the decision is taken about the issue of the above permission. 14. Notification about the denial of the issue of permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is presented in the form in accordance
4 with annex 3 and is to be sent to the applicant by posting with the delivery receipt within 2 days after the decision is taken of the denial to issue such permission. At the same time, a copy of such notification is to be sent to applicant by facsimile or by Reasons for the denial of the issue of permission for the repeated crossing by foreign ship of the State Border of the Russian Federation are as follows: a) filing of the application with violation of the requirements established by items 6 and 7 of the present Rules; b) inadequate or incomplete information in the application; c) endangering of the Russian Federation; d) violation of the legislation about the State Border of the Russian Federation committed by captain of a foreign ship or shipowner during a year preceded the date of the application for permission for the repeated crossing by foreign ship of the State Border of the Russian Federation. 16. Validity of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is terminated in the following cases: a) denial of applicant of the possibility of the repeated crossing by foreign ship of the State Border of the Russian Federation. Applicant must in advance notify the border authorities issuing the permission for the repeated crossing by foreign ships of the State Body of the Russian Federation of his decision by facsimile or by . b) termination of the validity of permission for the transportation and towing (if the availability of such permission is specified by the legislation of the Russian Federation); c) submission of unreliable information about the location of a foreign ship; d) violation by captain of a foreign ship within the period of validity of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation of international agreements and legislation of the Russian Federation about the State Border including unfulfilled requirements specified by items of the present Rules. 17. Validity of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is suspended in cases of the cessation of the transmission by technical facilities of the control of the location of ship of the information of the location of a foreign ship for the period longer than 6 hours. 18. After the decision about the cessation (suspension) of the validity of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation a public officer of the border authorities immediately sends to the applicant and captain of a foreign ship by facsimile or the notification about the cessation (suspension) of validity of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation in the form in accordance with annex 4 with the indication of reasons of such decision. Captain of a foreign ship having received the information about the cessation (suspension) of the validity of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation must make appropriate logging. If the validity of the permission for the repeated crossing by foreign ship of the State Border of the Russian Federation ceased when foreign ship is outside the territorial sea of the Russian Federation she must in the shortest time to call at the nearest port of the Russian Federation en route. 19. Validity of the suspended permission for the repeated crossing by foreign ship of the State Border of the Russian Federation is restored by the decision of a public officer of the border authorities after the elimination of the reason being at the basis of suspension of the permission. 20. Registration and taking account of the permissions for the repeated crossing by foreign ship of the State Border of the Russian Federation, notifications of denials of the issue of permissions or of termination (suspension) of their validity is performed by the border authorities in the log book and border authorities information systems established by the legislation of the Russian Federation.
5 21. Captain of foreign ship or applicant not later than 24 hours prior to the departure of foreign ship out of the Russian port by facsimile or by sends the notification of the departure of foreign ship out of the Russian port (hereinafter notification of the departure of ship out of the port) made in form according to annex 5 to the border authorities depending on the location of port (the nearest border authorities) and submits to it a list of crew members as well as a list of passengers (if any). 22. Captain of foreign ship or applicant within 1 hour after sending to border authorities the notification about the departure of ship out of port verifies by telephone its receipt by the border authorities. 23. Departure of foreign ship out of the Russian port earlier than at time stated in the notification about the departure of ship out of port is not allowed. 24. In case of the one-off denial of the intention to cross the State Border of the Russian Federation, captain of foreign ship or applicant immediately by facsimile of informs about that the border authorities to which the notification of the departure out of port was sent and after one hour verify by telephone the receipt by the border authorities of the indicated information. 25. Captain of ship notifies the border authorities depending on the location of port (nearest border authorities) by facsimile or by about all changes in the lists of crew members and (or) passengers (if any) at the moment of the departure of foreign ship out of the Russian port. 26. Change of the stated route of navigation as well as of the date, time and geographical coordinates of the location of crossing by a foreign ship of the State Border of the Russian Federation without agreement with border authorities depending on the location of the crossing point of the State Border of the Russian Federation is prohibited. 27. At the actual crossing of the State Border of the Russian Federation captain of foreign ship transmits by radio communication, facsimile or by to the border authorities within the responsibility zone of which the crossing point of the State Border of the Russian Federation is situated the information of the foreign ship, of time and geographic coordinates of the location of crossing point by this ship of the State Border of the Russian Federation and the appropriate entry is introduced into the log book.
6 ANNEX 1 to the Rules of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control. (form) A P P L I C A T I O N for the permission of repeated crossing by a foreign ship of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control Whom (name of the border authorities) From whom (name of applicant legal person, address of his whereabouts or family name, first name, patronymic (if available) of applicant - individual, date of his birth, series, number and date of issue of the passport or of other identifying document, address of his residence ) (telephone, fax, address) Please permit the repeated crossing of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control to foreign ship (name, nationality, IMO number (if available), MMSI number (if available), calling signal, port of registry) for the realization of type of activity in the field of commercial navigation) Information about the owner of foreign ship name of legal person, his whereabouts or family name, first name, patronymic (if available) of individual, date of his birth, series, number and date of issue of the passport or of other document identifying the person, address of his residence telephone, fax, address)
7 Information about shipowner name of legal person, his whereabouts or family name, first name, patronymic (if available) of individual, date of his birth, series, number and date of issue of the passport or of other document identifying the person, address of his residence telephone, fax, address) Information about captain of foreign ship family name, first name, patronymic (if available) of captain of foreign ship), essential elements of the document identifying the person, address of his residence Description of the route of navigation of foreign ship with the indication of geographical coordinates and intended date and time of each crossing of the State Border of the Russian Federation Method of receiving information about the issue of permission (fax communication or to specify the appropriate) I am confirming availability and operability of technical facilities of the control of the location of foreign ship and (or) other technical facilities of the control of the location of foreign ship (signature of the applicant)
8 ANNEX 2 to the Rules of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control P E R M I S S I O N (form) of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control " " 20 г. Series To foreign ship (name, nationality, IMO number (if available), MMSI number (if available), calling signal, port of registry) it is permitted to repeatedly cross the State Border of the Russian Federation for (type of activity in the sphere of commercial navigation) Description of the route of navigation of foreign ship and (or) area where the repeated crossing of the Sate Border of the Russian Federation is intended with the indication of geographical coordinates, intended date and time of each crossing Permission is valid until " 20 (Signature of the head of border authorities or public officer l of the border authorities) Seal
9 ANNEX 3 to the Rules of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control N O T I F I C A T I O N (form) of the denial in the issue of permission of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control To whom (essential elements of applicant) To foreign ship (name, flag, IMO number (if available), MMSI number (if available), calling signal, port of registry) it is denied the permission of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control. Reason of the denial (one or several reasons are indicated which are specified by item 15 of the Rules of repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control approved by the decree of the Government of the Russian Federation dated 15 August ) (Signature of the head of border authorities or public officer of the border authorities)
10 ANNEX 4 to the Rules of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control N O T I F I C A T I O N (form) of the termination (suspension) of the validity of permission of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control To whom (essential elements of applicant) Foreign ship (name, flag, IMO number (if available), MMSI number (if available), calling signal, port of registry) Validity of the permission for the repeated crossing of the State Border of the Russian Federation, series Granted on 20 body having granted permission is terminated (suspended) from (date and time of the termination (suspension) of the validity of permission) Reason of the termination (suspension) of the validity of permission one or several reasons specified by items 16 or 17 of the Rules of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control approved by the decree of the Government of the Russian Federation dated 15 August ) (Signature of head of the border authorities or public officer of the border authorities)
11 ANNEX 5 to the Rules of the repeated crossing by foreign ships of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control (form) N O T I F I C A T I O N of the departure of foreign ship out of the Russian port for the purpose of the repeated crossing of the State Border of the Russian Federation without border, customs control (as to the accomplishment of customs operations in connection with the arrival (departure) of ships) and other forms of control To whom (name of the border authorities) From whom (name of the applicant legal person, address of his whereabouts or family name, first name, patronymic (if available) of applicant - individual, date of his berth, series, number and date of issue of the passport or of other identifying document, headquarters address) (telephone, fax, address) Foreign ship (name, nationality, IMO number (if available), MMSI number (if available), calling signal, port of registry) having permission for the repeated crossing of the State Border of the Russian Federation, series issued 20 (body granting the permission) is intending to leave the port (name of port) (date and time of the departure) (signature of applicant or captain of the foreign ship)
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