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LAW OF UKRAINE

of September 12, 2019 No. 78-IX

About the mode of general transit and introduction of national electronic transit system

Section I General provisions

Chapter 1. Determinations of terms, scope of general regime of transit

Article 1. Determinations of terms

1. In this Law the terms below are used in such value:

1) electronic transit system - electronic system which is used for electronic data exchange in case of the mode of general transit, structured according to the standards of electronic messages used in case of data exchange between computer systems in the computerized transit system which is applied by contracting parties of the Convention on the procedure of general transit of May 20, 1987;

2) single vehicle:

the vehicle (the motor vehicle) together with trail car (trail cars) or semitrailer truck (semitrailer trucks);

railway vehicles of the railroad (the locomotive together with the connected rail cars or platforms);

any vessel (including self-propelled and not self-propelled lash ships and barges, and also submerged hydrofoil crafts), the air-cushion vessel, including such vessels which form single chain;

3) the customs declaration - the customs declarations of separate types corresponding to types of the customs declarations entered by the Convention on the procedure of general transit of May 20, 1987;

4) customs debt - obligation of person to pay the amount of customs payments concerning the goods placed in the mode of general transit;

5) customs of departure - any customs authority of Ukraine with which movement of all goods quantity or their part which are under customs control begins;

6) customs of guarantee - customs to which the guarantee for ensuring payment of customs debt is provided;

7) customs of appointment - any customs authority of Ukraine in which movement of all goods quantity or their part which are under customs control comes to an end;

8) customs authorities - the central executive body which realizes the state customs policy, customs and customs posts;

9) goods placement in the mode of joint transit - accomplishment of departure of customs formalities by customs from the moment of submission of the customs declaration on goods according to this Law until completion of customs clearance of such customs declaration;

10) the mode of general transit - kind of customs regime of transit according to which goods move under customs control between two customs authorities of Ukraine or within zone of activities of one customs authority without any use of such goods with conditional full relief from the taxation customs payments and without application of measures of non-tariff regulation of foreign economic activity and taking into account the features determined by this Law;

11) stationary means of transportation - pipelines and power lines;

12) the subject of the mode - the company which provides observance of conditions of goods placement in the mode of general transit and requirements to movement of goods in the mode of general transit and declares goods or on behalf of which the customs declaration the company which provides services in declaration of goods which move on customs area of Ukraine moves.

At the same time the company which provides services only on declaration of goods moved on customs area of Ukraine, does not bear responsibility for observance of the customs legislation concerning the mode of general transit, except the cases determined by this Law;

13) the transit accompanying document - the document of the established form which is created by customs of departure or the authorized consignor for maintenance of the goods issued in the mode of general transit based on data of the corresponding customs declaration by means of electronic transit system.

2. Other terms are used in this Law in the values given in Customs and Tax codes of Ukraine.

Article 2. Purpose and scope of this Law

1. The purpose of this Law is implementation of provisions of the Convention on the procedure of general transit of May 20, 1987 and the Convention on simplification of the formalities in trade in goods of May 20, 1987 according to obligations of Ukraine set by the Agreement on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members, on the other hand, and implementation of electronic transit system for electronic data exchange between customs authorities of Ukraine in case of the mode of general transit.

2. This Law establishes the basic principles of the organization and implementation of general regime of transit of goods customs area of Ukraine, procedure and conditions of movement of such goods by the companies of customs area of Ukraine in the mode of joint transit, making of customs formalities, use of the mechanism of ensuring payment of customs debt, application of special transit simplifications and other features of implementation of transactions of general regime of transit.

3. The subject of the mode has the right to choose customs regime in which he wishes to place goods. In case of movement of goods by en route the subject has the right to place goods in customs regime of transit according to the Customs code of Ukraine or to place goods in the mode of joint transit as kind of customs regime of transit according to this Law.

4. Operation of this Law does not extend to movement of the international mailings which are transported according to requirements of acts of Universal Postal Union, and also on movement of separate types of goods concerning which the prohibition on their movement through customs area of Ukraine is established.

5. The transit movements of goods begun according to this Law shall be completed in connection therewith by the Law.

Article 3. Electronic transit system and electronic management system guarantees

1. For ensuring accomplishment of customs formalities and electronic data exchange in case of application of general regime of transit the electronic transit system and electronic management system are used by guarantees which are part of information and telecommunication system of bodies of the income and charges.

2. Forms of electronic messages, and also procedure for exchange of such messages between customs authorities and the companies, including in case of application of special transit simplifications, are established by the central executive body which provides forming and realizes the state financial policy, taking into account provisions of the Convention on the procedure of general transit of May 20, 1987.

Forms and data set of electronic messages are established by the central executive body realizing the state customs policy taking into account provisions of the Convention on the procedure of general transit of May 20, 1987.

3. In case of temporary refusal of electronic transit system or electronic management system guarantees, or the single automated information system of bodies of the income and charges customs formalities can be performed with use of documents in paper form.

Article 4. Data security and personal data protection

1. The central executive body which realizes the state customs policy determines measures for check of data source and protection against illegal or unauthorized access / penetration to databases, destruction or loss of information, measure for response to incidents, localizations of danger and recovery of work of electronic transit system in case of violation of information and telecommunication safety and/or cyber attack, including by implementation of recurring control inspections and monitoring of security status.

Modification and removal of data are performed taking into account requirements for reflection of information on the reason of modification or removal of information, exact date and time, and also data on person who performed such change or removal of information.

Information and data are stored by customs authority to which such information was provided or was generated, within 1095 days.

2. Personal data protection of subjects of the mode and other persons involved in transactions of general regime of transit (the party of the external economic agreement based on which the goods move carrier (freight forwarder), the holder of customs warehouse, the customs broker), and also the other information containing in electronic transit system is performed by customs authorities according to the procedure, determined by the legislation.

3. Other requirements concerning maintaining confidentiality of data and information are applied according to the Customs code of Ukraine and the laws of Ukraine concerning information security.

Article 5. Obligations of the subject of the mode and carrier of goods in case of application of general regime of transit

1. The subject of the mode shall:

1) to provide the goods delivery in the terms determined according to article 9 of this Law to customs of appointment in the same condition in which they were shown and declared by customs of departure, except natural changes of their quality and/or quantity characteristics under normal conditions of transportation and storages, with preserving integrity of means of identification (in case of their imposing);

To provide 2) to customs of departure and customs of appointment the documents and reliable information necessary for goods placement in the mode of general transit and completion of such mode according to part one of Article 6 and part one of article 14 of this Law;

3) to provide observance of conditions of goods placement in the mode of general transit and requirements to movement of the goods in the mode of joint transit provided by this Law;

4) if other is not provided by this Law, to provide guarantee of ensuring payment of customs debt which can arise concerning the goods placed in the mode of general transit.

2. The carrier providing movement of the goods issued in the mode of general transit, or other person who receives goods within incomplete transaction of general regime of transit shall provide the goods delivery in the terms determined according to article 9 of this Law to customs of appointment in the same condition in which they were shown and declared by customs of departure, except natural changes of their quality and/or quantity characteristics under normal conditions of transportation and storages, with preserving integrity of means of identification (in case of their imposing).

3. In case of loss or issue without the permission of customs authority of the goods which are under customs control and moved in the mode of joint transit, the carrier bears joint liability on payment of customs debt. Violation by carrier of the delivery dates of goods established according to this Law, on condition of their actual delivery and accomplishment of all other requirements, does not create for the subject of the mode and carrier of the obligation on payment of customs debt.

In case of identification of purpose of discrepancies by customs between the declared data and actually delivered goods, violations of delivery dates of the goods issued in the mode of general transit, the carrier is made responsible, stipulated by the legislation Ukraine.

Section II Customs control

Chapter 1. Customs formalities in customs of departure

Article 6. Customs formalities in customs of departure

1. Declaration of goods in the mode of joint transit is performed by the statement of exact data on goods, the purpose of their movement through customs area of Ukraine, and also the data necessary for implementation of their customs control and customs clearance.

For declaration of goods in the mode of joint transit the customs declarations of separate types corresponding to types of the customs declarations entered by the Convention on the procedure of general transit of May 20, 1987 are used.

In case of application of the customs declaration in the mode of joint transit of the requirement of the Customs code of Ukraine concerning submission of the preliminary customs declaration are not applied to goods placement.

2. The customs of departure adopts the customs declaration for goods placement in the mode of joint transit in case of accomplishment of such conditions:

1) the customs declaration contains all data necessary for the goods placement purposes in the mode of general transit, according to established procedure of filling of customs declarations;

2) the customs declaration is followed by the documents determined by Article 335 of the Customs code of Ukraine and also in the cases determined by the legislation - the allowing document for transit through customs area of Ukraine which is issued by the relevant authorized bodies;

3) goods are shown to customs of departure if other is not provided by this Law.

3. Upon the demand of customs of departure the subject of the mode shall submit the documents specified in part two of this Article in the form of electronic documents or documents in paper form or their electronic (scanned) copies certified by the qualified digital signature of the subject of the mode or person authorized by it.

4. Customs formalities concerning the goods placed in the mode of general transit are performed in the locations of the relevant divisions of customs authorities during the working hours established for these bodies. According to the written address of the subject of the mode or carrier on behalf of the subject of the mode customs formalities can be carried out by customs authorities out of the location of these bodies, and also out of the working hours established for them on the conditions determined by the Customs code of Ukraine.

5. The customs of departure for the purpose of verification of data which the adopted customs declaration contains has the right:

1) to check compliance of the data declared in the customs declaration, to the data specified in the documents accompanying the customs declaration;

2) if necessary to demand from the subject of the mode of provision of the documents, stipulated in Article 335 Customs codes of Ukraine necessary for implementation of customs control and goods placement in the mode of general transit;

3) to carry out customs examination, re-examination and accounting of goods;

4) to select tests and samples of goods.

6. If other is not provided by this Law, the customs of departure shall check correctness of declaring of the amount of the customs payments which are subject to guaranteeing in the course of execution of the customs declaration for goods placement in the mode of general transit, availability, force and sufficiency of financial guarantee.

If the provided financial guarantee is insufficient for ensuring payment of the amount of customs debt, the subject of the mode has the right to provide additional financial guarantee or to replace earlier provided financial guarantee new.

7. In case of temporary refusal of electronic transit system or electronic management system guarantees or electronic connection between such systems and system which is used for submission of the customs declaration the customs declaration for goods placement can be submitted to the mode of general transit in paper form.

8. The procedure for accomplishment of customs formalities when implementing customs clearance of the goods placed in the mode of general transit, and also feature of accomplishment of customs formalities in case of application of the customs declaration in paper form is established by the central executive body which provides forming and realizes the state financial policy.

Article 7. Modification, response and recognition of the customs declaration invalid

1. According to the address of the subject of the mode and with the permission of customs of departure of the data, specified in the customs declaration, can be changed or the customs declaration can be withdrawn, or is recognized as invalid.

2. The procedure for modification, response and recognition of customs declarations invalid is determined by the Cabinet of Ministers of Ukraine.

Article 8. Route of movement of goods

1. The goods issued in the mode of general transit move to customs of appointment as economically reasonable route (the safest, logistically in profitable and optimum distance and/or time of transit of the vehicle).

2. The customs of departure enters into the electronic transit system information on route of movement of goods within transaction of general regime of transit according to information on route which it is planned to perform movement of goods by customs area of Ukraine provided by the subject of the mode, according to the procedure, determined by the central executive body which provides forming and realizes the state financial policy.

3. For the purpose of ensuring control of transportation of goods by road transport customs authorities can use the information systems and technical means of customs control providing remote control of movement of vehicles and observance of the established route of movement of goods.

Article 9. Delivery dates

1. The customs of departure determines the term during which goods shall be delivered in customs of appointment, taking into account mode of transport, technical capabilities of the vehicle, route of movement of goods, the legislation in the field of transport or other legislation which can have influence on establishment of term, and other information given by the subject of the mode, but no more than the term determined by Article 95 of the Customs code of Ukraine.

2. The term established by customs of departure provided by part one of this Article is obligatory for other customs authorities through which there will pass transaction of general regime of transit, and cannot be changed by such customs authorities.

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