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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 9, 2015 No. 1029

About approval of the Procedure for verification (reliability check) of certificates and declarations on goods origin from Ukraine

According to Article 47 of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for verification (reliability check) of certificates and declarations on goods origin from Ukraine which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. This resolution becomes effective in ten days from the date of its publication.

Prime Minister of Ukraine

A. Yatsenyuk

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 9, 2015 , No. 1029

Procedure for verification (reliability check) of certificates and declarations on goods origin from Ukraine

1. This Procedure determines the procedure of implementation by bodies of the income and charges of verification (reliability check) of the certificates of origin from Ukraine (further - certificates) issued to representatives on it by body (further - authorized body), and the declarations on goods origin from Ukraine which are drawn up by the manufacturing company and/or the exporter of goods (further - declarations).

2. In this Procedure terms are used in the value given in international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine (further - the international agreements), and in the Customs code of Ukraine.

3. Verification (reliability check) of certificates and declarations is performed by bodies of the income and charges based on request of customs authority of the country of commodity importation.

4. If in request of customs authority of the country of commodity importation not enough data for verification implementation (authenticity check) GFS sends to such body the message on need of provision of the additional information.

5. Verification (reliability check) is performed at the request of GFS by customs in which zone of activities there is authorized body which issued the certificate or the manufacturing company and/or the exporter of goods which drew up the declaration. If the exporter is not producer of goods, the customs in which zone of activities production of goods is placed is involved in verification (authenticity check).

6. Verification (reliability check) is performed for the purpose of determination of authenticity (authenticity) of the certificate and the declaration and reliability of the data containing in them, way:

1) obtaining from authorized body of confirmation of issue of the certificate or from manufacturer and/or the exporter of goods - confirmation of execution of the declaration;

2) checks of compliance of information specified in the certificate or the declaration, information provided to customs by authorized body or the company - producer and/or the exporter of goods;

3) carrying out in case of need in accordance with the established procedure examinations of the form of the certificate, impress of a seal and signature of the corresponding official of authorized body.

7. Check of reliability of the data containing in the certificate or in the declaration is performed in the way:

1) conducting check of the goods specified in the certificate or the declaration compliance to the requirements established by international treaties;

2) determinations of criterion of sufficient conversion;

3) comparisons of information containing in the certificate or in the declaration with information specified in the external economic agreement (contract), business and transport documents.

8. In case of need customs carry out according to the procedure, established by the law, is direct at the companies check of production by them of goods and primary documentation connected with such production.

9. In case of identification of counterfeit (falsification) of the certificate or the declaration, unauthenticity of the data entered in the certificate or declarations, violations of the requirements established by international treaties, the customs reports to authorized body and the manufacturing company and/or the exporter of goods about the revealed violations.

10. The customs informs GFS in time which is not exceeding 60 calendar days from the date of receipt request in it from GFS on results of verification (authenticity check). The specified term can be prolonged according to the decision of the head of customs, but no more than for 15 calendar days.

11. GFS reports to customs authority of the country of commodity importation from which the request arrived, about results of verification (authenticity check) in the shortest possible time, but no more than six months from the date of the direction of such request if other is not provided by international treaties.

12. GFS reports to customs authority of the country of commodity importation about impossibility to establish reliability of certificates or declarations in case of availability of one of the following bases:

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