BERNEV / CUSTOMS LAW
Menu
Andrey BernevCustoms lawyerProfessional background

About

Customs Service Experience, Now Representing Businesses in Russian Customs Disputes

Clients often contact me after receiving a request, inspection report or decision from Russian customs. I examine it alongside the declaration, contract, payment records and earlier correspondence. Those records help explain the disagreement; the relevant dates need to be checked before assessing the time available to respond or appeal.

Andrey Bernev, customs lawyer
Customs disputes and international tradeBiography and author column

Reasons to get in touch

A customs request, held shipment, additional assessment or disputed decision

A request for documents can mean different things. It may ask for a missing item or raise a substantive objection to a declaration. The wording, attachments and date of receipt help establish what the company needs to address.

Two people review a shipment route on a wall map
The shipment as a wholeI examine the issue alongside the shipment route, payments and information the company has already given customs.
01

Customs has requested documents or explanations

I match each question in the request to the records that could answer it, then compare the declaration with the contract, invoice, payment and transport records. Where figures or descriptions differ, the response needs to explain why. Sending an undifferentiated file of documents leaves those discrepancies unresolved.

Start with the request, its date of receipt and the company's earlier responses.

02

Goods have not been released or the shipment cannot proceed

A held shipment may involve a physical inspection, expert examination, security for customs payments, a document check or a decision already issued. I establish the reason before considering what could help the shipment proceed, whether further records are needed or whether there are grounds to challenge customs' actions.

The relevant records are the document explaining why the goods are being held and the customs declaration number.

03

Customs has changed the value, tariff code or charges

A calculation alone may not explain an additional assessment. I compare the decision with the company's declaration and supporting records, including customs' reasons for rejecting them. Some disputes concern a particular calculation; others require a challenge to the reasoning in the decision as a whole.

The review requires the decision, the calculation and the records the company has already relied on.

04

A decision has been issued and an appeal deadline needs attention

I first establish when the decision was received, then put the company's earlier explanations in date order. An appeal needs to address that existing record. Earlier correspondence does not disappear because the dispute has moved to an appeal or court proceedings.

First, provide the complete decision and evidence of when it was received.

Before private practice

Customs service, 1993–2007

I began as an inspector and finished my service as head of a customs post at a maritime border crossing. I saw how records were examined, findings reported to management and decisions prepared. That experience informs how I read a customs request and identify the facts it seeks to establish.

01

From inspector to head of a customs post

Fourteen years in the customs service, ending as head of a customs post at a maritime border crossing. Retired lieutenant colonel of the Russian customs service.

02

Representing businesses in Russian customs disputes

My work covers customs valuation, tariff classification, origin of goods, customs payments, administrative proceedings and appeals. These matters require attention to the transaction as well as the customs issue: the parties' arrangements, payments, transport and correspondence.

03

Candidate of Legal Sciences; TKS.RU contributor

My TKS.RU column includes a biography and articles on customs regulation. The profile gives details of my education and customs service; the articles show the subjects I cover and how I approach them. Candidate of Legal Sciences is a Russian academic degree in law.

Read the profile and column
Two people review a shipment timeline on a tablet at a desk
I establish the sequence of events before deciding what action to recommend at the current stage.

Document review

Establishing the facts before preparing the response

01

The document received and its delivery details

A request, notice, inspection report, decision or formal procedural record needs to be considered on its own terms. I examine the complete document and attachments, how it was delivered and the event from which any response or appeal period is calculated.

02

The basis of customs' questions

I compare the wording with the declaration, contract, invoice, payment records and transport documents. I also identify information the company does not hold and may need to request from its supplier, bank, customs representative or carrier.

03

The company's existing explanations

Where an earlier response conflicts with other records, I establish the reason before drafting a further explanation. The aim is to account accurately for the discrepancy, not to replace the earlier account without addressing it.

04

The work needed at this stage

The records help determine whether a further explanation may be sufficient, more information is needed from the supplier, or an appeal or court submission should be prepared. A general description alone is not enough to choose between those options.

Before making contact

Preparing the records and deciding whether a response needs legal review

The company can assemble its records before seeking advice. Drafting its response is a separate task: the explanation should be checked against those records before it is sent.

Work your team can do

Put the transaction records in date order

Gather the declaration, contract, invoices, payment and transport records, and correspondence. Arrange them by date, note discrepancies and request missing items from the supplier, bank, customs representative or carrier. A routine request supported by consistent records may be something your team can answer without a lawyer; a substantive disagreement needs separate consideration.

Before sending a response

Seek advice on substantive objections before replying

A response merits legal review when customs disputes the price, tariff code or origin, requests records the company does not have, or identifies contradictions in earlier correspondence. Expert examinations, demands for security for customs payments and an approaching appeal deadline also need attention. Seeking advice should not mean overlooking a deadline.