RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 13, 2019 No. 104

About approval of the Procedure for issue of the conclusion about prolongation of deadlines of the calculations for separate transactions on export and commodity import established by National Bank

According to part four of article 13 of the Law of Ukraine "About currency and currency transactions" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for issue of the conclusion about prolongation of deadlines of the calculations for separate transactions on export and commodity import established by National Bank which is applied.

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

Approved by the Resolution of the Cabinet of Ministers of Ukraine on February 13, 2019 , No. 104

Procedure for issue of the conclusion about prolongation of deadlines of the calculations for separate transactions on export and commodity import established by National Bank

1. This Procedure determines the mechanism of issue of the conclusion about prolongation of deadlines of the calculations for separate transactions on export and commodity import established by National Bank (further - the conclusion), the list of documents which are filed for issue of the conclusion, the basis for refusal in issue of the conclusion, leaving of documents without consideration, and also the inventory, according to which documents for issue of the conclusion are left without consideration.

Action of this Procedure extends to all residents irrespective of pattern of ownership.

2. The conclusion is issued to Ministry of Economics on separate transactions on the export and commodity import performed by residents namely:

during accomplishment of the external economic agreements (contracts) of production cooperation - to transactions on supply of raw materials, materials, nodes, details, spare parts, procurements of semifinished products, accessories and other products of industry and cross-industry appointment which are technologically interconnected and necessary for production of end products;

during accomplishment of the external economic agreements (contracts) of consignment - to transactions on sales of goods according to which one party (consignee) shall sell at the request of other party (consignor) during certain time of operation of the agreement of consignment for the caused remuneration from consignment warehouse on its own behalf goods which belong to the consignor;

during accomplishment of the external economic agreements (contracts) in construction - to transactions on production and deliveries of construction materials, designs, machines and mechanisms, the equipment and materials for accomplishment of necessary works;

during accomplishment of the external economic agreements (contracts) of tender delivery - to transactions on delivery of the goods ordered by results of the international biddings (tenders);

during accomplishment of the external economic agreements (contracts) of guarantee maintenance - to export transactions on delivery of goods and carrying out calculations with parts after signing of the relevant acts of technique (testing, installation, installation, adjustment) goods, and also carrying out final settlements after the termination of the corresponding warranty period;

during accomplishment of the external economic agreements (contracts) of delivery of difficult technical products - to import transactions on supply of equipment by parts or the difficult technical products requiring installation, installation, adjustment, guarantee maintenance and their introduction in action on the place of operation and also on delivery of difficult technical products, the term of production and which transportation exceeds 180 days;

during accomplishment of the external economic agreements (contracts) of delivery of goods of special purpose - transaction on the international transfer of military goods and double use according to the list determined by the Cabinet of Ministers of Ukraine; to transactions on supply of natural gas according to supplier contracts of natural gas which are performed by National joint stock company "Naftogaz of Ukraine", and on transportation (transit) of natural gas of the foreign owner for its giving in determined by the agreement of the place (point) and carrying out final settlements after signing of the relevant acts.

3. For receipt of the conclusion the resident or his authorized representative submits Ministry of Economics according to this Procedure the application for receipt of the conclusion (further - the statement) in writing, approved by Ministry of Economics.

Are enclosed to the application:

copies of the external economic agreement (contract) with obligatory specifying of the location and bank details foreign (foreign) the partner (partners), all specifications, appendices, additional agreements and other documents which are integral part of the agreement (contract), certified of the procedure established by the legislation. In case when the external economic agreement (contract), and also its integral part are stated in foreign language, its translation into Ukrainian certified by the signature of resident or his authorized representative, in particular with use of the digital signature which is based on the qualified digital signature certificate of the applicant is enclosed to the application;

the copies of the documents confirming carrying out transaction on export (import) of goods, in particular payment bank documents, references of banks, customs declarations, delivery-acceptance certificates of goods (performance of works, provision of services), certified of the procedure established by the legislation;

the documents or their copies confirming the reasons which led to delay in carrying out payment under the external economic agreement (contract) (to the copy of letters from the producer of goods, acts of the revealed defects of goods, forwarding agreements and requests to them), and the taken measures to timely carrying out calculations (if they were undertaken). If such documents are constituted in foreign language, resident (or his authorized representative) adds their translation into Ukrainian certified by the signature of resident or his authorized representative, in particular with use of the digital signature which is based on the qualified digital signature certificate of the applicant;

other documents, confirmatory that transactions of resident belong to transactions on export and commodity import which list is determined by Item 2 presents of the Procedure.

In case of submission of documents by the authorized representative the original document or the verified copy confirming its powers is enclosed to the application.

The resident or his authorized representative bears responsibility for reliability of the data containing in the documents submitted by it according to the law.

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