Import of jewelry into Russia. Responsibility

In this article, we will talk about the import of jewelry by foreign citizens into Russia. The following rules apply to the import and export of jewelry from the Russian Federation:

In accordance with Art. 12.1. of the Federal Law of March 26, 1998 N 41-FZ (as amended on June 11, 2021) "On Precious Metals and Precious Stones" in the Russian Federation, jewelry and other products made of precious metals of domestic production and jewelry and other products made of precious metals imported into the Russian Federation for sale (with the exception of cases established by international treaties of the Russian Federation and paragraph 2 of this article) are subject to assaying and stamping with a state hallmark.

Assaying and hallmarking of domestically produced jewelry and other silver items with the state hallmark is voluntary.

If you import jewelry into Russia from countries outside the Eurasian Economic Union:

- Applying a unique identification number on a tag or label of a jewelry item must be before the presentation of the said jewelry items for passing the state control procedure when imported into Russia from states that are not members of the Eurasian Economic Union;

- The presentation of jewelry for hallmarking and marking by applying means of identification directly to them must be no later than the business day following the day of release of goods for domestic consumption to the Federal Assay Office.

If foreign citizens import products into Russia from states that are not members of the Eurasian Economic Union, the application of identification means to the material carrier accompanying the products is carried out by the participant in the jewelry products circulation before the products are placed under the customs procedure for the release of products for domestic consumption.

In accordance with the current customs rules, individuals, when crossing the border of the Russian Federation, can import jewelry exclusively for personal use. The list of jewelry and ornaments made of precious metals, for example, includes:

• Jewelry made from precious metals and pearls of natural origin (rings, bracelets, cufflinks, chains, pendants, necklaces, hairpins, brooches, etc.);

• Gold and platinum watch cases;

• Accessories for watches, including items made of precious metals (straps, chains, etc.);

• Precious stones and metals

Few people know that under no circumstances, for example, natural diamonds can be classified as jewelry goods allowed for import for personal use.

When do you need to declare jewelry?

When deciding on the need to declare jewelry, you need to take into account not only the characteristics of the jewelry, but also the general features of the declaration of goods imported into the EAEU. Accordingly, you can import jewelry and precious metals without declaring such products and paying customs duties only within the established limits.

Violation Liability

Failure to comply with the established restrictions and the wrong choice of channel for crossing the customs border is fraught with serious consequences.

First of all, non-declaration of jewelry when exceeding the duty-free limit threatens with an administrative fine under part 1 of article 16.2 of the Code of Administrative Offenses of the Russian Federation in the amount of 50% to 200% of the cost of goods that were the subjects of an administrative offense. In addition to a fine, the involved person may also face confiscation of the jewelry itself.

In addition to administrative liability, the importation of jewelry, watches and valuables may lead to the initiation of a criminal case for smuggling. Corresponding changes to the customs legislation were made by Decree of the Government of the Russian Federation of October 22, 2018 No. 1259 "On Amendments to the List of Strategically Important Goods and Resources for the Purposes of Article 226.1 of the Criminal Code of the Russian Federation".

Depending on the characteristics of the jewelry and the circumstances of its import, as well as if its value exceeds 1 million rubles, the person faces charges of smuggling strategically important goods. The punishment provided for by Article 226.1 of the Criminal Code of the Russian Federation includes, among other things, imprisonment for a period of 3 to 7 years.

Moreover, in addition to criminal liability under Art. 226.1 of the Criminal Code of the Russian Federation, a person involved in not declaring jewelry faces criminal liability, and under article 194 of the Criminal Code of the Russian Federation - for evading customs payments. The sanctions of this article provide for not only a fine of 100 to 500 thousand rubles, but also imprisonment for up to 2 years.

In practice, if the customs authority has doubts about the value of the goods being transported, the jewelry item is seized and it undergoes appraisal examination.

In our practice, it is not uncommon for the results of an appraisal examination conducted by the customs authorities to significantly exceed the invoice value of a piece of jewelry or the estimate of a third-party expert jeweler.

Remember: ignorance of the customs law is no defense!

When transporting jewelry, expensive watches, jewelry with inserts of precious stones and other similar goods across the customs border, the lawyers of our Company recommend:

1. Keep all receipts, bank statements, payment and other documents confirming the fact of purchase and the cost of the goods;
2. In case of the slightest doubt about the need to declare jewelry, choose the red channel for crossing the border;
3. Remember: customs control can be at random, flights from Milan, Dubai, Istanbul, Paris, New York, Miami are of particular attention to customs officers.
4. Attentively study information stands in the customs control zone;
5. Under no circumstances accept jewelry from acquaintances and strangers for transportation;
6. If customs officers doubt the validity of the duty-free import of jewelry, you need to remember that customs control is the direct responsibility of customs, customs has the right to withdraw jewelry for examination. Withdrawal of the product does not mean its arrest or confiscation.

Our company INTELLECT-PRAVO LLC offers qualified services for protecting the rights and interests of individuals who have violated customs legislation, representing interests in all state and law enforcement agencies, appealing against actions and decisions of customs authorities in court. Thanks to the rich practical experience and high professionalism of our company's employees, we will provide any legal assistance necessary for citizens when importing and exporting jewelry from the Russian Federation as quickly as possible, extremely competently and at reasonable prices.

Tel: +7 909 961-19-09
Email: legalsolutions@inbox.ru
Visit us: Moscow, Zubovskiy bulvar, building 4, room 308