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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
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Download the list of goods that can be sold without issuing certificates/declarations
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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.
The sale of products in the territory of the countries of the Customs Union requires certification in accordance with the special provisions of the Technical Regulations for certain areas of production. Foreign manufacturers face certain difficulties with translation, the specifics of the procedure, so it is better to find a reliable partner working directly with RusAccreditation. An exemption letter is a formal response to an inquiry about whether products are subject to mandatory inspection procedures. It is issued if the requested information concerns products for which there are no such requirements. It also states that specific goods are not included in the categories subject to assessment according to TR CU.
Why to have it drawn up on a by-order basis?
An exemption letter may be required by the customs authorities for goods that are not subject to the mandatory certification and declaration procedure. It is necessary to indicate the imported products, the Customs commodity code and a link to the accompanying documents, on the basis of which the products were sent to Russia. An exemption certificate is issued by accredited certification bodies based on the provisions provided for by law for the importation of products into the CU.
Why do You need explanatory documentation for sales?
Trade on the territory of the Russian Federation is possible only with strict observance of the certification standards established by federal legislation. There are separate categories of products that are not subject to verification. Then, the sale of goods is possible after receiving a refusal letter. The same will be required for domestic trade, as well as for admission to participation in a tender or public procurement.
Written explanations are issued by the authorized bodies of the EAC certification for carrying out works intended to confirm compliance with the Technical Regulations of specific areas and categories of goods. The accredited body provides clarifications on the received official appeal of a specific company, individual entrepreneur, customs organization, executive and judicial authorities. The document contains the name of the product, identification marks, as well as special codes and, if necessary, other technical data.
An exemption letter is valid for the entire period of validity of specific TR CU rules. In some cases, the document is issued with a specific validity period (usually 1 year). If You have any questions about the correct execution or verification of compliance, write to “MASTCERT” and our experts will help You resolve all issues.