RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 1, 2022 No. 174

Some questions of the omission of the humanitarian assistance through customs border of Ukraine in the conditions of warlike situation

The Cabinet of Ministers of Ukraine decides:

1. 1. Determine that for warlike situation the omission through customs border of Ukraine of the humanitarian assistance (including such goods of the humanitarian assistance as special individual protection equipment (the helmets made according to military standards or specifications, or their equivalents and components which are specially intended for them (that is cap comforters, shock-absorbers) which are classified in commodity subcategory according to UKTVED 6506 10 80 00; bullet-proof vests which are classified in commodity subcategory according to UKTVED 6211 43 90 00), made according to military standards, in particular standards of NATO, or military conditions for needs of the law enforcement agencies, Armed Forces and other military forming formed according to the laws of Ukraine, Public service of special communication and information security, other subjects fighting terrorism according to the law; threads for production of bullet-proof vests which are classified in commodity subcategories according to UKTVED 5402 11 00 00 5407 10 00 00; fabrics (materials) for production of bullet-proof vests which are classified in commodity subcategories according to UKTVED 3920 10 89 90, 3921 90 60th 00, 5603 14 10th 00, 6914 90 00th 00) unmanned aerial vehicles and their parts of civil appointment and double use from donors (in value of the Law of Ukraine "About the humanitarian assistance") it is performed in the place of crossing of customs border of Ukraine by giving in paper or electronic form of the declaration completed with person who transports the corresponding goods, in form according to appendix 1 without application of measures of non-tariff regulation of foreign economic activity and without execution of the guaranty letters specified in paragraph five of this Item.

The declaration can be created electronically by means of information and communication systems and move in customs authority by information exchange of information and communication systems or be unpacked together with the unique electronic identifier (QR code, barcode, digital code) for its representation to customs authorities in paper form. Electronic copies of declarations which are provided to customs authorities in paper form and contain unique electronic identifiers, are created by customs authorities in information and telecommunication system of customs authorities with use of handshaking of information and communication systems.

Goods which omission is performed according to paragraph one of this Item are recognized the humanitarian assistance by the declarative principle without adoption of the relevant decision of specially authorized state bodies concerning the humanitarian assistance.

At the same time the Procedure for customs clearance of loads of the humanitarian assistance approved by the resolution of the Cabinet of Ministers of Ukraine of March 22, 2000 No. 544 (The Official Bulletin of Ukraine, 2000, No. 12, Art. 481; 2013, No. 31, the Art. 1081), and the Order of interaction central and local executive bodies and National Bank on implementation of the Law of Ukraine "About the humanitarian assistance", No. 241 approved by the resolution of the Cabinet of Ministers of Ukraine of March 25, 2013 (The Official Bulletin of Ukraine, 2013, No. 29, Art. 990; 2016, No. 6, Art. 308), are not applied.

The omission through customs border of Ukraine of the goods of the humanitarian assistance given in Appendix 2, is performed according to paragraph one of this Item on condition of submission to customs authorities of the guaranty letter of the end user of goods in the form given in appendix 3.

The specified letter is drawn up by the end user of goods of the humanitarian assistance which the body of military management determined by the Ministry of Defence is, law enforcement agency, other military forming formed according to the law Administration of Public service of special communication and information security or the subordinate division determined by it, the military authorities formed according to the legislation or other subject which fights against terrorism according to the law and certified it by seal.

The specified goods are subject to capture in accordance with the established procedure on accounting in the Armed Forces, law enforcement agencies, other military forming formed according to the law, Public service of special communication and information security military authorities, formed according to the legislation or in other subjects fighting terrorism according to the law.

The end user of goods of the humanitarian assistance provides control of the actual goods receipt, keeps their account and controls observance of the warranty obligations provided to them. Organization of events of control and accounting concerning the received goods is assigned to the official of the end user of goods of the humanitarian assistance according to distribution of functional obligations. The end user no later than three days from the date of goods receipt informs public service of export control on their obtaining (with indication of the name and quantity of actually received goods) with sending the verified copy of earlier drawn up guaranty letter. Such informing can be performed in electronic form, the head of the end user of goods of the humanitarian assistance or the responsible official determined by it assured by the qualified digital signature.

The State Customs Service will organize accounting and storage in customs authorities of guaranty letters of end users of goods of the humanitarian assistance, and also provides regular sending to Public service of export control of copies of the guaranty letters received by customs authorities within a week.

1-1. No. 329 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 20.03.2022

1-2. Commodity importation of the humanitarian assistance which are not determined by this resolution and appendix 2 and which belong to the goods of double use entered in the Single list of goods of double use according to appendix to the Procedure of the state control of the international transfers of goods of double use approved by the resolution of the Cabinet of Ministers of Ukraine of January 28, 2004 No. 86 (The Official Bulletin of Ukraine, 2004, No. 4, 167) with the changes made by the resolution of the Cabinet of Ministers of Ukraine of October 24, 2018 No. 974, of the goods which are not entered in the specified Single list in the cases determined by article 10 of the Law of Ukraine "About the state control of the international transfers of military goods and double use" is performed by the Art. according to the Procedure of the state control of the international transfers of goods of double use, the approved resolution of the Cabinet of Ministers of Ukraine of January 28, 2004 No. 86.

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