Exemption letter - MASTCERT
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What is an Exemption letter
An exemption letter is an explanatory document, an official response to a request about whether products are subject to mandatory certification or declaration.
The exemption letter contains a reference to the legislation and indicates that the products specified in the document are not included in the “List of products of goods and services subject to mandatory certification”. An exemption letter for products is issued if it is not subject to mandatory certification or mandatory declaration. The exemption letter also states that products are not included in the “Unified list of products subject to mandatory assessment (confirmation) of compliance within the framework of the Customs Union”.
When an exemption letter is required
An exemption letter may be required in several cases:
- For customs: for the customs authorities for products that are not subject to mandatory certification and mandatory declaration. You should indicate the name of the imported products, the TN VED code and reference to the shipping documents for which the products were shipped to Russia.
- For sales: for trade in the territory of the Russian Federation, for participation in tenders, state procurement.
Who issues an exemption letter?
Such a written explanation is issued by the authorized Certification Authorities to carry out work on confirming compliance with the Technical Regulations and in relation to products, the safety confirmation of which is regulated by the Decree of the Government of the Russian Federation of December 01, 2009 No. 982 and by the Decision of the Customs Union Commission of April 7, 2011 No. 620 .
An exemption letter may be issued by the Certification Body on the basis of the provisions on the procedure for importing products (goods) into the territory of the Customs Union, for which mandatory requirements are established within the Customs Union (Decision of the Board of the Eurasian Economic Commission dated December 25, 2012 No. 294).
In the field of accreditation of the certification body products must be present for which an exemption letter is requested. The certification body gives explanations in response to the received official appeal from companies, individual entrepreneurs, customs organizations, executive and judicial authorities.
The exemption letter contains the name of the product, identification signs, and may contain OKPD 2 codes or the TN VED code and, if necessary, other technical information.
Registration of the exemption letter
The exemption letter is drawn up on A4 sheet and certified with the seal of the certification body that issued the document. The holder of the exemption letter can be only one legal entity. You can include any product list in a single exemption letter.
Required documents for issuing an exemption letter
To issue an exemption letter, the following documents will be required, signed and stamped by the organization:
- application addressed to the head of the Certification Body;
- Company details;
- technical product description;
- OKPD2 code or TN VED code;
- if necessary, a contract or an invoice.
The composition of the package of documents may vary – it depends on the type and quantity of products.
Validity period of exemption letter
The exemption letter is valid for the duration of the regulations on the basis of which this letter is drawn up.
In some cases, an exemption letter is issued indicating the specific period of validity (usually 1 year).
Exemption letters with an unlimited period of validity are issued for a batch of products. In practice, letters for a batch of products are the most popular. The period of validity of the exemption letter is indicated on the form along with the list of products and details of the recipient.