LAW OF UKRAINE

of September 6, 2018 No. 2530-VIII

About modification of the Customs code of Ukraine and some other laws of Ukraine concerning implementation of the mechanism of "single window" and optimization of implementation of control procedures when moving goods through customs border of Ukraine

The Verkhovna Rada of Ukraine decides:

I. Bring in the Customs code of Ukraine (Sheets of the Verkhovna Rada of Ukraine, 2012, Art. No. No. 44-48, 552) the following changes:

1. In Article 4 part one:

add with Item 5-1 of the following content:

"5-1) visual inspection - the actions of the official of bodies of the income and charges providing money withdrawal of ensuring identification, imposed on the vehicle of commercial appointment without unloading of goods and without their unpacking, for the purpose of identification of signs of spoil of these goods";

exclude Item 9-1;

add with Items 13-1 and 19-1 of the following content:

"13-1) actions of official control - the phytosanitary control, veterinary health control, the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals which are carried out according to the legislation of Ukraine";

"19-1) mechanism "of single window" - the mechanism of interaction of customs applicants, their representatives and other interested persons with bodies of the income and charges, other state bodies, organizations and the organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine which provides possibility of single electronic submission through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" of documents and/or data for the purpose of observance of requirements of the legislation concerning movement of the goods, vehicles of commercial appointment through customs border of Ukraine provided by this Code, other laws of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and also regulatory legal acts published on basis and in pursuance of this Code and other laws of Ukraine";

state Item 42 in the following edition:

"42) preliminary documentary control - form of implementation of actions of official control which consists in carrying out at check points (control Items) through frontier of Ukraine by officials of bodies of the income and charges of verification of the relevant documents and data and in case of need, by results of application of automated control system for risks - visual inspection of goods, vehicles which are imported on customs area of Ukraine or are located in customs regime of transit".

2. In Article 31:

add part one with the words "functioning at national and/or international level";

add with parts six and the seventh the following content:

"6. Creation and functioning of the single automated information system of bodies of the income and charges, the automated system of customs clearance and the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" are provided with the central executive body which realizes the state tax and customs policy.

7. Actually development of the software for bodies of the income and charges is performed by specialized division of the central executive body which realizes the state tax and customs policy".

3. Third of Article 33 to state part in the following edition:

"3. Documents, necessary for implementation of customs control and customs clearance of goods, vehicles of commercial appointment (except the documents containing the classified information) which representation to bodies of the income and charges is provided by this Code and other laws of Ukraine, are provided to bodies of the income and charges by other state bodies, organizations and the organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine with use of the mechanism of "single window" according to this Code in the form of the electronic documents certified by the digital signature.

Instead of the document containing the classified information with use of the mechanism of the "single window" in electronic form certified by the digital signature open data on such document are transferred: the name (type) of the document by whom it is issued (body, organization, the organization), privacy degree, date of issue, registration number".

4. Add with Article 33-1 of the following content:

"Article 33-1. REALIZATION of the MECHANISM of "the SINGLE WINDOW"

1. Interaction between customs applicants, their representatives, other interested persons and bodies of the income and charges, other state bodies, organizations and the organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine is performed with use of the mechanism of "single window" according to this Code.

2. For implementation of the interaction provided by part one of this Article the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" which is part of information and telecommunication system of bodies of the income and charges is used. Administrator and the holder of the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" is the central executive body realizing the state tax and customs policy.

For functioning of the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" the information and telecommunication system of bodies of the income and charges provides possibility of exchange of information with the corresponding information and telecommunication systems of other state bodies, organizations and organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine.

3. For providing and control of observance of requirements for movement of the goods, vehicles of commercial appointment through customs border of Ukraine provided by this Code and other laws of Ukraine, bodies of the income and charges, other state bodies, organizations and the organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine set of the harmonized data is used.

4. Documents and data which provision to bodies of the income and charges is provided by this Code and other laws of Ukraine from other state bodies, organizations and the organizations authorized on implementation of the corresponding allowing or control functions concerning movement of goods of vehicles of commercial appointment through customs border of Ukraine for implementation of customs formalities are provided once in electronic form, certified by the digital signature, through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" and do not require duplication in paper form, except cases of provision of open data on the documents containing the classified information. Provision to bodies of the income and charges for implementation of customs formalities of paper copy of the document containing the classified information is performed in the cases and procedure established by this Code and other laws of Ukraine.

5. During interaction between customs applicants, their representatives, other interested persons and bodies of the income and charges, other state bodies, organizations and the organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine with use of the mechanism of "single window" observance of requirements concerning confidentiality of information is provided.

Information provided by customs applicants, their representatives, other interested persons through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" can be used by the state bodies, organizations and the organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine, is exclusive according to competence and cannot be disclosed without the permission of person to whom such information is provided, in particular, to be transferred to the third parties, including other state bodies, organizations and the organizations, except the cases determined by this Code.

6. Harmonization of information which are provided through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" is performed for the purpose of avoidance of need of numerous provision by the customs applicant, his representative and other interested person of the same data to the different state bodies, organizations and the organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine.

Harmonization of the information provided through the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" is performed by the central executive body providing forming and realizing the state financial policy according to recommendations and on the basis of model of data of World Customs Organization.

For harmonization of information which are provided through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli", the central executive body which provides forming and realizes the state financial policy, approves the normative and technical document - set of the harmonized data for provision through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" and provides its systematic review.

The central executive body realizing the state tax and customs policy for ensuring harmonization of information which are provided through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" performs:

1) collection and generalization of data and accompanying documents which according to this Code, other laws of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine and also regulatory legal acts published on basis and in pursuance of this Code and other laws of Ukraine are subject to representation by the corresponding persons of the state bodies, organizations and organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine;

2) processing of the generalized data according to recommendations of World Customs Organization;

3) data storage which are provided through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli";

4) determination of content and format of data for representation through the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" according to model of data of World Customs Organization;

5) tracking of changes and amendments to model made World Customs Organization and recommendations of World Customs Organization for their further use;

6) placement on the official website of information on functioning of the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli";

7) other functions, functioning of the single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli", stipulated by the legislation, necessary for providing.

7. The single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" provides:

1) exchange of documents and data concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine between persons specified in part one of this Article;

2) transfer by the state bodies, organizations and organizations authorized on implementation of allowing or control functions concerning movement of goods, vehicles of commercial appointment through customs border of Ukraine, the relevant allowing documents and/or data on inclusion (exception) of goods in (from) the register to bodies of the income and charges, customs applicants, their representatives and other interested persons in the form of the electronic documents certified by the digital signature;

3) transfer by authorized state bodies to bodies of the income and charges, to customs applicants, their representatives and other interested persons of information about established by them according to the laws or international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, prohibitions on movement in the corresponding direction of goods through customs border of Ukraine;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info