RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 8, 2020 No. 619

Some questions of implementation of activities of independent financial intermediaries

According to part six of article 29 of the Law of Ukraine "About the mode of general transit and introduction of national electronic transit system" the Cabinet of Ministers of Ukraine decides:

1. Approve such which are applied:

Procedure for provision to the independent financial intermediary of the operating authority in issue of financial guarantees for ensuring payment of the amount of customs debt, supervision and control of observance of conditions of provision of such permission by it, restrictions of action or cancellation of permission;

criteria of liquidity, profitability and quality of assets of the independent financial intermediary, standard rates of solvency and capital adequacy, riskiness of transactions and quality of assets for the independent financial intermediary;

Procedure for forming by the independent financial intermediary of reserves for compensation in full possible expenses on the provided financial guarantees.

2. This resolution becomes effective from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 8, 2020 , No. 619

Procedure for provision to the independent financial intermediary of the operating authority in issue of financial guarantees for ensuring payment of the amount of customs debt, supervision and control of observance of conditions of provision of such permission by it, restrictions of action or cancellation of permission

General provisions

1. This Procedure governs the relations connected with provision by State Customs Service to the independent financial intermediary of the operating authority in issue of financial guarantees for ensuring payment of the amount of customs debt (further - permission), supervision and control of observance of conditions of provision of such permission by it, restriction of action or cancellation of permission.

In this Procedure terms are used in the value given in the Law of Ukraine "About the mode of general transit and introduction of national electronic transit system".

2. For receipt of permission the independent financial intermediary shall answer conditions, stipulated in Item 2 parts one, parts two and third article 29 of the Law of Ukraine "About the mode of general transit and introduction of national electronic transit system" (further - conditions of provision of permission).

3. For the purpose of consideration of the applications and documents of independent financial intermediaries for obtaining, restriction (renewal) of action and cancellation of permission, establishment of compliance (discrepancy) of the independent financial intermediary to conditions of provision of permission, plan development of actions for monitoring of compliance of the independent financial intermediary to conditions of provision of permission, preparation of recommendations concerning decision making of evaluating compliance of the independent financial intermediary to conditions of provision of permission, leaving of the statement for receipt of permission without consideration, provision of permission, refusal in issue of permission, sending request to the independent financial intermediary of data for confirmation of conformity to conditions of provision of permission, conducting check of observance by the independent financial intermediary of conditions of provision of permission, restrictions (renewal) of action or cancellation of permission the State Customs Service forms permanent commission of representatives of State Customs Service.

4. State Customs Service instantly after decision making about evaluating compliance of the independent financial intermediary to conditions of provision of permission, leaving of the statement for receipt of permission without consideration, provision of permission, refusal in issue of permission, restriction (renewal) of action of permission, cancellation of permission:

1) sends to the independent financial intermediary the copy of the relevant decision in paper or electronic form with imposing of the qualified digital signature;

2) enters data on provision, restriction (renewal) of action or cancellation of permission in the Register of financial guarantors.

5. The decision on leaving of the statement for receipt of permission without consideration, refusal in issue of permission, restriction of action or cancellation of permission can be appealed in court.

6. The independent financial intermediary to whom permission is provided submits the financial reporting to State Customs Service taking into account provisions of the resolution of the Cabinet of Ministers of Ukraine of February 28, 2000 No. 419 "About approval of the Procedure for accounts presentation" (The Official Bulletin of Ukraine, 2000, No. 9, the Art. 344).

The independent financial intermediary to whom permission is provided gives monthly to the 10th following for reporting, State Customs Service the report on the issued financial guarantees for ensuring payment of customs debt (further - financial guarantees).

The State Customs Service gives monthly to the 10th following for reporting, to the independent financial intermediary to whom permission, the report on the accepted and released financial guarantees issued by this independent financial intermediary is provided.

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