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Unofficial translation

The registration of the entities in the State Service of Export Control of Ukraine

 

Ukrainian entities, who intend to carry out international transfers of goods, including intermediary (brokered) services relating to international transfers of military goods, previously had to be registered, as subjects of international transfers of goods, in specially authorized executive body of the state export control. (Extract from Article 12 of the Law of UkraineOn State Control of international Transfers of Goods Designated for Military Purposes and Dual-Use Goods” of 20.02.2003, № 549-IV).

The registration of Ukrainian entities, as subjects of international transfers of goods, is realized by the State Service of Export Control of Ukraine after previous examination of goods.

For previous examination the entities provide all the necessary  information and documents to the State Service of Export Control of Ukraine that are defined in paragraph 13 of Procedure for the examination in the field of national export control approved by the Cabinet of Ministers of Ukraine of 15.07.1997, № 767.

The registration of the entities in the State Service of Export Control of Ukraine specified in the Instructions on Registration in the State Service of Export Control of Ukraine the Ukrainian entities as subjects of international transfers of goods (hereinafter - Instructions) approved by the State Service of Export Control of Ukraine of 27.04.2009 № 31, which is registered in the Ministry of Justice of Ukraine on 15.07.2009 № 637/16653.

Forms of these documents and recommendations for filling are given in the above Instructions and posted on the Web-site of the SSECU (e-mail address: www.dsecu.gov.ua).

The State Service of Export Control of Ukraine has the right to receive from the entities all the necessary additional information, technical certificates or other documents containing explanations on provided information that is necessary to make an informed decision.

In case, if the required information from the subject does not arrive to the State Service of Export Control of Ukraine in two months, application shall be considered rejected and shall not be the subject to consideration.

Duration of the preliminary expertise shell not exceed 30 days from the day of providing all the necessary documents to the State Service of Export Control of Ukraine, and if additional inter agency co-ordination is needed, after completion of this co-ordination. In consideration of the appeal period does not count the time needed to obtain more information on the subject.

 

 

Permit (conclusion) for the export / import and temporary exportation / importation of goods for the subjects of international transfers of goods

 

To obtain permit (conclusion) for export (temporary exportation), import (temporary importation) of goods, the subject of international transfers of goods had to provide a written application to the State Service of Export Control of Ukraine with original documents of guarantee and other necessary documents for the substantive examination.

List of documents depending on the category of goods specified in:

-                      Procedure for State Control of international Transfers of Goods Designated for Military Purposes, approved by the Cabinet of Ministers of Ukraine of 20.11.2003 № 1807;

-                      Procedure for State Control of international Transfers of Dual-Use Goods, approved by the Cabinet of Ministers of Ukraine of 28.01.2004 № 86.

Terms for applications consideration, when grant of permits or conclusions does not require additional inter-agency co-ordination shall be determined in accordance with categories of goods but shall not exceed the following starting from the day of presenting all the necessary papers:

45 days - for export (re-export) of military designated goods;

30 days - for export (re-export) of dual-use goods and temporary export (import) of any goods;

15 days - for goods import or transit as well as temporary import or export of goods for exhibitions, fairs, advertisement, tests and other similar purposes if it does not envisage transfer of property right.

If there is a need for a multi-agency coordination of the general term for applications consideration and the grant of permits or conclusions shall not exceed 90 days after receipt of all required documents.

Terms for applications consideration and decision-making does not include the time required for receipt of all required documents.

If additional information does not arrive in two months, application shall be considered rejected and shall not be the subject to consideration. (Extract from article 15 of the Law of UkraineOn State Control of international Transfers of Goods Designated for Military Purposes and Dual-Use Goods” of 20.02.2003, № 549-IV).

Application forms for permit (conclusion) and the procedure for filling in these Instruction on how to fill in applications to obtain permits, documents of guarantee and other documents provided by the State Service of Export Control of Ukraine, approved by Order of the State Service of Export Control of Ukraine of 09.01.2004 № 5, which is registered in the Ministry of Justice of Ukraine on January 21, 2004, № 90/8689.

The above decision of the Cabinet of Ministers of Ukraine and the Order of the State Service of Export Control of Ukraine of 09.01.2004 № 5 posted on Web-site of the State Service of Export Control of Ukraine (e-mail address: www.dsecu.gov.ua).

Notice. Obligatory conditions of substantive examination is the presence of  certificate of entity’s registration as a subject of international transfers of goods and the corresponding explanations from the state Service of Export Control of Ukraine on the specifics of such programs declared goods.

 

 

International import certificate for the entities involved in international transfers of goods

 

For a decision on issue of international import certificate, an entity involved in international transfers of goods shall turn to the State Service of Export Control of Ukraine with a relevant written request and submit documents necessary for expert examination.

List of documents is defined in the Regulations on issuing guarantees and state control of their commitment to use in the stated purpose of goods subject to national export control, which is approved by the Cabinet of Ministers of Ukraine of 27.05.1999 № 920.

Form of application for obtaining an international import certificate and order shall be given in the Instructions on how to fill in applications to obtain permits, documents of guarantee and other documents provided by the State Service of Export Control of Ukraine, approved by Order of the State Service of Export Control of Ukraine of 09.01.2004 № 5, which is registered in the Ministry of Justice of Ukraine of 21.01.2004, № 90/8689.

The above Decree of the Cabinet of Ministers of Ukraine and the Order of the State Service of Export Control of Ukraine of 09.01.2004 № 5 posted on Web-site (e-mail address: www.dsecu.gov.ua).

Notice. Obligatory conditions of substantive examination is the presence of  certificate of entity’s registration as a subject of international transfers of goods and the corresponding explanations from the state Service of Export Control of Ukraine on the specifics of such programs declared goods.

 

 

Conclusion on transit for the subjects of international transfers of goods and foreign entities

 

In order to receive the conclusion for transit of goods through Ukrainian territory entity or foreign entity shall turn to the State Service of Export Control of Ukraine with a relevant written request and submit documents necessary for expert examination.

List of documents, depending on the category of goods, specified in:

- Paragraph 27 of the Order of state control over international transfers of military goods approved by the Cabinet of Ministers of Ukraine of 20.11.2003 № 1807;

- Paragraph 30 of the Order of state control over international transfers of dual-use goods approved by the Cabinet of Ministers of Ukraine of 28.01.2004 № 86.

Form of application for obtaining a conclusion on the transit of goods through the territory of Ukraine and the procedure for filling in Instructions on how to fill in applications to obtain permits, documents of guarantee and other documents provided by the State Service of Export Control of Ukraine, approved by Order of the State Service of Export Control of Ukraine of 09.01.2004, № 5, which is registered in the Ministry of Justice of Ukraine on 21.01.2004, № 90/8689.

The above Decree of the Cabinet of Ministers of Ukraine and the Order of the State Service of Export Control of Ukraine of 09.01.2004 № 5 posted on Web-site of the SSECU (e-mail address: www.dsecu.gov.ua).

Notice. Obligatory conditions of substantive examination is the presence of  certificate of entity’s registration as a subject of international transfers of goods and the corresponding explanations from the state Service of Export Control of Ukraine on the specifics of such programs declared goods.

 

 

Conclusion about the possibility of negotiation

 

For the conclusion of the possibility of negotiations concerning the foreign agreements (contracts) execution, an entity involved in international transfers of goods shell turn to the State Service of Export Control of Ukraine with a relevant written request and submits documents necessary for expert examination.

The list of documents is specified in the Order of national export control over the negotiations connected with the signing of foreign trade agreements (contracts) on the export of products approved by the Cabinet of Ministers of Ukraine of 06.06.2012 № 500.

Form of application for the conclusion on right of negotiations concerning the signing of foreign trade agreements (contracts) and the procedure for filling shell be given in the Instructions on how to fill in applications to obtain permits, documents of guarantee and other documents provided by the State Service of Export Control of Ukraine approved by Order of the State Service of Export Control of Ukraine of 09.01.2004, № 5, which is registered in the Ministry of Justice of Ukraine of 21.01.2004, № 90/8689.

The above Decree of the Cabinet of Ministers of Ukraine and the Order of the State Service of Export Control of Ukraine of 09.01.2004 № 5 posted on Web-site of the SSECU (e-mail address: www.dsecu.gov.ua).

Notice. Obligatory conditions of substantive examination is the presence of  certificate of entity’s registration as a subject of international transfers of goods and the corresponding explanations from the state Service of Export Control of Ukraine on the specifics of such programs declared goods.

 

 

Clarification of the procedure for applications to the State Service of Export Control of Ukraine

 

In accordance with the requirements of:

paragraphs 4.11, 4.11.2, 8.8 of “Model Instruction on record keeping in the ministries and other central executive bodies, the Council of Ministers of the Autonomous Republic of Crimea, local executive bodies”, approved by the Cabinet of Ministers of Ukraine of 17.09.1997 № 1153;

section 5 paragraphs 5.1.1, 5.1.15, 5.1.20 of “Rules of archival subdivisions of state government, local government enterprises, institutions and organizations”, approved by the State Committee on Archives of Ukraine of 16.03.2001 № 16.

the receipt of the documents submitted by the applicants and examinations relating to the registration of entities to obtain permits, documents of guarantee and other documents provided by the State Service of Export Control of Ukraine.

Namely, by the division: through the cover letter provided with annexes, numbered, bound strictly by special threads or wax end, mounted in the usual soft cardboard folders with a certified label on the back of last sheet, certified rubber stamp record.

 

 


Announcement regarding the seminar: "The Features of Internal Compliance System (ICP)"
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Results of the Round Table on "Improvement of legislation in the sphere of export control"