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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 2, 2022 No. 861

About approval of procedures for confirmation of extent of localization of production of goods and carrying out monitoring of observance of requirements for extent of localization of production of the objects of purchase brought in the inventory, which are purchase subject with the confirmed extent of localization of production

According to the subitem 1 of Item 6-1 of the Section X "Final and transitional provisions" of the Law of Ukraine "About public purchases" the Cabinet of Ministers of Ukraine decides:

Approve enclosed:

Procedure for confirmation of extent of localization of production of goods;

Procedure for carrying out monitoring of observance of requirements for extent of localization of production of the objects of purchase brought in the inventory, which are purchase subject with the confirmed extent of localization of production.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 2, 2022, No. 861

Procedure for confirmation of extent of localization of production of goods

1. This Procedure establishes the mechanism of confirmation of extent of localization of production of the goods which are subject of purchase and determined by the subitem 2 of Item 6-1 of the Section X "Final and transitional provisions" of the Law of Ukraine "About public purchases" (further - the Law) and the additional inventory which affirms the Cabinet of Ministers of Ukraine according to the subitem 3 of Item 6-1 of the Section X "Final and transitional provisions" of the Law.

2. In this Procedure terms are used in the value given in the Law.

3. Action of this Procedure is not applied to purchases of goods which cost is equal or exceeds the amounts specified in the Agreement on public procurements signed on April 15, 1994 in Marrakech with the changes made by the Protocol on introduction of amendments to the Agreement on public procurements made on March 30, 2012 in Geneva, and also regulations on public procurements of other international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, in particular, free-trade agreements, in hryvnia equivalent for date of purchase and which country of source are the countries with which Ukraine signed such agreements, and the countries which are agreement parties about public procurements which Ukraine joined according to the Law of Ukraine "About accession of Ukraine to the Agreement on public procurements" that is confirmed by the certificate of origin.

The list of the countries with which free-trade agreements, and also the list of the countries which are agreement parties about public procurements, which Ukraine joined according to the Law of Ukraine "About accession of Ukraine to the Agreement on public procurements" are signed is published on the official website of Ministry of Economics.

4. Extent of localization of production of the goods which are purchase subject (further - extent of localization), proves to be true the Ministry of Economics in the automatic mode when forming the inventory which are purchase subject with the confirmed extent of localization (further - the list), based on the request submitted by the producer of goods about inclusion of goods in the list (further - the request) in form according to appendix 1, of calculation of cost of goods, with indication of customs value of the imported components (imported by the producer and/or acquired at suppliers who are residents of Ukraine (further - calculation of cost of goods) in form according to appendix 2 and confirmations of implementation in the territory of Ukraine of production at least one of goods elements (in particular, nodes, aggregates, details and components) and/or use of the nodes, aggregates, details and components manufactured in the territory of Ukraine.

5. Goods which correspond to extent of the localization determined in the subitem 1 of Item 6-1 of the Section X "Final and transitional provisions" of the Law, or extent of the localization provided by the additional inventory which affirms the Cabinet of Ministers of Ukraine according to the subitem 3 of Item 6-1 of the Section X "Final and transitional provisions" of the Law are included in the list in case:

there is design-technology documentation and/or the intellectual property right on the goods which are purchase subject that is reflected in balance is registered;

in the territory of Ukraine at least one of elements of such goods is made (in particular, nodes, aggregates, details and components) and/or for production nodes, aggregates, details and components manufactured in the territory of Ukraine are used;

producers of goods perform their guarantee and after-guarantee maintenance.

6. The application together with calculation of cost of goods in the current year is submitted free of charge by the producer of goods electronically by filling of electronic forms with certain fields on the web portal of Authorized body concerning purchases (further - the web portal) with imposing of the digital signature based on the qualified digital signature certificate (further - the digital signature) the head of the manufacturer of goods or person authorized by it.

Providing technical implementation of application and possibility of filling with the producer of goods of form of calculation of cost of goods on the web portal is performed by the administrator of electronic purchasing system.

7. Extent of localization is calculated the producer of goods and automatically proves to be true by mathematical verification of information entered in form of calculation of cost of goods.

Cost indicators of imported components are reflected in hryvnias.

The cost of imported components expressed in foreign currency is reflected in hryvnias on the official rate to foreign currency established by National Bank on the delivery date of such components.

Goods compliance to requirements of Item 5 of this Procedure proves to be true by specifying of necessary information in electronic fields of the request.

The producer of goods bears the personal responsibility for content, reliability, relevance, completeness and correctness of information which moves it according to item 4 of this Procedure.

The request is created on the web portal automatically in case to electronic fields which are determined as obligatory to filling information is entered in full, does not contain arithmetic mistakes, the digital signature of the head of the manufacturer of goods or person authorized by it is imposed.

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