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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

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 06.11.2019 No. 916)

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.

Prime Minister of Ukraine

V. Groysman

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 conclusions concerning prolongation of deadlines of the calculations for separate transactions on export and commodity import established by National Bank (further - the conclusions), the list of documents which are filed for issue of the conclusion, the basis for refusal in issue of the conclusion or leaving of documents without consideration and 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 directs by mail or represents personally in paper form or through the Single state portal of administrative services of Ministry of Economics electronically the following documents:

the statement on receipt of the conclusion (further - the statement) in the form approved the Ministry of Economics containing data on condition of accomplishment of the external economic agreement (contract) at the time of the address and reasons for need of prolongation of fixed term of calculations for certain period;

copies of the external economic agreement (contract), all specifications, appendices, supplementary agreements and other documents which are integral parts of the agreement (contract), certified of the procedure established by the legislation. If the external economic agreement (contract) is signed in foreign language, the resident applies its translation into Ukrainian;

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

copies of letters, messages which cause and prove need of prolongation of fixed terms of calculations, certified of the procedure established by the legislation.

Registration and representation by residents electronically for receipt of the conclusion of documents, registration and issue of Ministry of Economics electronically of the conclusion are performed through the Single state portal of administrative services according to requirements of the legislation in the sphere of electronic confidential services and this Procedure.

If documents are submitted by resident electronically to output, festive, other non-working day or to time off of the working day, the first working day following behind such day is considered day of submission of such documents.

4. The Ministry of Economics considers the documents submitted by resident for receipt of the conclusion according to this Procedure and within 10 working days from the date of their obtaining makes the decision on issue or on refusal in issue of the conclusion.

5. Information on the issued conclusion will be promulgated on the official website of Ministry of Economics no later than the next working day after issue of the conclusion.

6. The renewal term of calculations for separate transactions on export and commodity import is estimated not earlier than receipt of documents of Ministry of Economics.

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