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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 11, 2021 No. 860

About approval of the Procedure for import to customs area of Ukraine and target use of the new equipment (equipment) and the components to it imported by the investor with considerable investments only for own use in case of implementation of the investment project with considerable investments into execution of the special investment agreement signed according to the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine"

According to the subitem 15 of item 4 of the Section XXI "Final and transitional provisions" of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:

Approve the Procedure for import to customs area of Ukraine and target use of the new equipment (equipment) and the components to it imported by the investor with considerable investments only for own use in case of implementation of the investment project with considerable investments into execution of the special investment agreement signed according to the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine" which is attached.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 11, 2021 , No. 860

Procedure for import to customs area of Ukraine and target use of the new equipment (equipment) and the components to it imported by the investor with considerable investments only for own use in case of implementation of the investment project with considerable investments into execution of the special investment agreement signed according to the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine"

1. This Procedure determines the mechanism of import to customs area of Ukraine in the customs regime of import and target use of the new equipment (equipment) and components to it imported by the investor with considerable investments only for own use in case of implementation of the investment project with considerable investments into execution of the special investment agreement signed according to the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine" and are exempted from the taxation by import duty and the value added tax till January 1, 2035 provided that the corresponding goods are made not earlier than in three years prior to date of their import to customs area of Ukraine, were not in use and are classified on certain by the subitem 15 of item 4 of the Section XXI "Final and transitional provisions" of the Customs code of Ukraine to codes according to UKTVED (further - goods).

2. In this Procedure terms are used in the value given in the Law of Ukraine "About the state support of investment projects with considerable investments in Ukraine".

3. For determination of the list and amounts of commodity importation by the investor with considerable investments the applicant submits to Ministry of Economics the written address to which the lists and amounts of such goods certified by it in form according to appendix 1 are attached.

The applicant bears responsibility for accuracy of the information, containing in the submitted documents.

4. Based on the submitted written appeal of Ministry of Economics in coordination with the Ministry of Finance, State Customs Service and the central executive body providing forming of state policy in the field of in which it is provided to realize the investment project with considerable investments, submits the list and amounts of goods for approval of the Cabinet of Ministers of Ukraine.

In case of detection during approval of the list and amounts of goods of the bases for refusal in their approval the Ministry of Economics in three-day time notifies on it the applicant (in case of review approved by the Cabinet of Ministers of Ukraine of the list and amounts of goods - the investor with considerable investments) and stops its approval.

5. The bases for refusal in approval of the list and amounts of goods is identification in the documents submitted by the applicant:

discrepancies of goods to requirements of the subitem 15 of item 4 of the Section XXI "Final and transitional provisions" of the Customs code of Ukraine;

discrepancies of the list provided by the applicant and amounts of goods, information on acquisition of the necessary equipment (equipment) and the components to it specified in the feasibility statement on the investment project with considerable investments.

6. In case of elimination of the revealed bases for refusal in approval of the list and amounts of goods the applicant (the investor with considerable investments in case of review approved by the Cabinet of Ministers of Ukraine of the list and amounts of goods) can repeatedly give Ministry of Economics the written address according to Item 3 presents of the Procedure.

7. According to the written address of the investor with considerable investments submitted according to Item 3 presents of the Procedure review approved by the Cabinet of Ministers of Ukraine of the list and amounts of goods is performed.

Properly verified copy approved in the procedure for the project documentation established by the legislation within the investment project with considerable investments is attached to the written address.

The provided lists and amounts of goods shall not increase the total amount of the state support for project implementation with considerable investments and shall not worsen the main social, economic, technical and qualitative indexes of such project which are planned to be reached.

The bases for refusal in approval of the list and amounts of goods is identification in the documents submitted by the investor with considerable investments, discrepancies of goods to requirements of the subitem 15 of item 4 of the Section XXI "Final and transitional provisions" of the Customs code of Ukraine and/or discrepancy of the list provided by the investor with considerable investments and amounts of goods to content approved in the procedure for the project documentation established by the legislation within the investment project with considerable investments.

The investor with considerable investments bears responsibility for accuracy of the information, containing in the submitted documents.

8. Commodity importation by the investor with considerable investments on customs area of Ukraine is performed based on approved by the Cabinet of Ministers of Ukraine of the list and amounts of goods according to this Procedure and requirements established by the legislation concerning the public customs affairs.

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