Unofficial transfer (c) Soyuzpravoinform LLC
of January 4, 2023 No. 6
About registration international post both express departures and approval of Changes in procedure for filling of customs declarations in form of the single administrative document
According to part six of Article 233 and part one of Article 237 of Chapter 36 of the Section VI, part six of Article 257 of Chapter 40 of the Section VIII of the Customs code of Ukraine, the Law of Ukraine of January 25, 2022 No. 1999-IX "About modification of the Customs code of Ukraine concerning the taxation customs payments of the goods moved (sent) in the international mailings, the international express departures, and procedure for their declaring", Presidential decrees of Ukraine of February 24, 2022 with No. 64 "About introduction of warlike situation in Ukraine", No. 2102-IX approved by the Law of Ukraine of February 24, 2022 "About approval of the Presidential decree of Ukraine "About introduction of warlike situation in Ukraine"", of March 14, 2022 No. 133 "About prolongation of effective period of warlike situation in Ukraine" No. 2119-IX approved by the Law of Ukraine of March 15, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine"", of April 18, 2022 No. 259 "About prolongation of effective period of warlike situation in Ukraine", No. 2212-IX approved by the Law of Ukraine of April 21, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine"", of May 17, 2022 No. 341 "About prolongation of effective period of warlike situation in Ukraine", No. 2263-IX approved by the Law of Ukraine of May 22, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine"", of August 12, 2022 No. 573 "About prolongation of effective period of warlike situation in Ukraine", No. 2500-IX approved by the Law of Ukraine of August 15, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine"", of November 07, 2022 to No. 757 "About prolongation of effective period of warlike situation in Ukraine", No. 2738-IX approved by the Law of Ukraine of November 16, 2022 "About approval of the Presidential decree of Ukraine "About prolongation of effective period of warlike situation in Ukraine"", the subitem 5 of item 4 of the Regulations on the Ministry of Finance of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 375, and also for the purpose of providing the bystry goods delivery, moved (sent) in international post and express departures, to citizens in the conditions of warlike situation I ORDER:
1. Approve enclosed:
Procedure for determination and equipment of the central (regional) marshaling yards;
Procedure for filling of the customs declaration M-16;
2. Approve Changes in the Procedure for filling of customs declarations in form of the single administrative document approved by the order of the Ministry of Finance of Ukraine of May 30, 2012 No. 651, registered in the Ministry of Justice of Ukraine on August 14, 2012 at No. 1372/21684 (in edition of the order of the Ministry of Finance of Ukraine of September 23, 2022 No. 296) which are applied.
3. The State Customs Service of Ukraine to provide technical capability of implementation of requirements this order.
4. Determine that:
1) the customs clearance of the goods moved (sent) in international post and the express departures imported on customs area of Ukraine or which are on customs area of Ukraine under customs control comes to the end according to those documents and according to the procedure which were effective before the date of entry into force of this order;
2) temporarily, for action of warlike situation and within four months after its termination or cancellation, for the companies having the marshaling yards functioning on the date of entry into force of this order:
implementation of customs control and customs clearance of the goods moved (sent) through customs border of Ukraine in the international express departures in these marshaling yards is allowed;
in case of consideration of the applications of these companies concerning change of arrangement of marshaling yard or determination of new marshaling yard the requirements concerning the equipment of the central (regional) marshaling yards systems of video control, and also provision to officials of customs authority and State Customs Service of Ukraine of access to such systems established by the Procedure for determination and the equipment of the central (regional) marshaling yards approved by this order are not applied.
After the term specified in paragraph one of this subitem, further customs control and customs clearance of the goods moved (sent) through customs border of Ukraine in the international express departures are performed in these marshaling yards on condition of compliance to the requirements established according to the procedure of determination and the equipment of the central (regional) marshaling yards, approved by this order;
3) temporarily, within fifteen months from the date of entry into force of this order:
customs control and customs clearance of customs declarations and other documents which are used when moving (transfer) through customs border of Ukraine and declaring international post and express departures can be performed in paper form without their electronic copies;
customs authorities accept registers (temporary and additional) international post and express departures for customs clearance with that amount of data which are available for the operator of mail service and express carrier for date of submission of these registers.
the order of the State Customs Service of Ukraine of September 03, 2007 No. 728 "About approval of the Instruction on the organization of customs control and customs clearance of the international express departures moved (sent) through customs border of Ukraine" No. 1081/14348 registered in the Ministry of Justice of Ukraine on September 21, 2007;
Item 2 of the order of the State Customs Service of Ukraine of December 24, 2008 No. 1454 "About introduction of amendments to some orders of the State Customs Service of Ukraine", No. 55/16071 registered in the Ministry of Justice of Ukraine on January 22, 2009;
the order of the State Customs Service of Ukraine of September 18, 2010 No. 1075 "About introduction of amendments to the order of the State Customs Service of Ukraine of 03.09.2007 No. 728", No. 947/18242 registered in the Ministry of Justice of Ukraine on October 20, 2010.
6. In accordance with the established procedure to provide to department of customs policy of the Ministry of Finance of Ukraine:
submission of this order on state registration in the Ministry of Justice of Ukraine;
promulgation of this order.
7. This order becomes effective on January 18 2023, but not earlier than day of its official publication.
8. To impose control over the implementation of this order on the Deputy Minister of Finance of Ukraine on the European integration Draganchuk Yu. A. and Chairman of the State Customs Service of Ukraine.
Minister
S. Marchenko
|
IT IS APPROVED: Deputy Chairmen of the State Customs Service of Ukraine |
V. Demchenko |
Approved by the Order of the Ministry of Finance of Ukraine of January 4, 2023, No. 6
1. The procedure and conditions regulate operations procedure of officials of customs authorities, operators of mail service, express carriers, customs applicants or persons authorized by them during movement of dispatches, loads of express carrier, implementation of customs control and customs clearance of the goods moved (sent) through customs border of Ukraine in international post and express departures (further - MPO and MEO) on the central marshaling yards (dalee-TsSS), regional marshaling yards (dalee-RSS) in places of the international post exchange (further - MMPO) and in the location (accommodation) of the receiver or sender and also determine terms of the exchange information, including exchange of the preliminary information about the goods moved in departures between operators of mail service, express carriers, State Customs Service and customs authorities when implementing customs formalities.
2. In the presents the Procedure and conditions terms are used in the following values:
the electronic system of accounting and storage - information system of the operator of mail service (express carrier) which is intended for accounting of all categories of the departures arriving in MMPO (TsSS) exported from MMPO (TsSS) including which are in storage locations and contains in electronic form data on departures which are used by the operator of mail service, express carrier, and also customs authorities;
MEO of documentary nature - properly packed documents, official papers, correspondence, and also any information (except information which movement through customs border of Ukraine is forbidden by the legislation or on movement of which permissions of the relevant state bodies are required) on paper and other data carriers without the declared cost of such departures;
the storage location - the storage facility or its fenced-off part equipped with the operator of mail service or express carrier in MMPO (TsSS/RSS), intended for separate storage of the departures which are under customs control on MMPO (TsSS/RSS), and non-admission of unauthorized withdrawal of goods in departures from under customs control;
the place of implementation of customs formalities - specially equipped with the operator of mail service or express carrier of the place in viewing halls, separately certain for carrying out the customs formalities connected with control using the scanning systems or carrying out customs examination of departures with their disclosure;
MMPO - the object of mail service including the certain rooms and the territory equipped with the operator of mail service for implementation of the international post exchange of MPO, accepted for transfer out of the limits of Ukraine delivered to Ukraine or moved on the territory of Ukraine with en route;
the survey hall - the room (part of the room) of MMPO (TsSS/RSS) used by the operator of mail service (express carrier) for the production of documents and goods moved in departures for implementation of their customs control and customs clearance;
division of the analysis of preliminary information division of State Customs Service or customs authority (including other than customs authority in which zone of activities it is located MMPO or TsSS) which officials perform the analysis, identification and risks assessment, development and realization of practical actions for risk management according to the preliminary information about the goods moved (sent) in departures with decision making about need of carrying out the corresponding customs formalities in case of receipt of departures in MMPO (TsSS);
the official of customs authority - the official of the customs authority located at the check point through frontier of Ukraine, the customs authority located in MMPO (TsSS/RSS) or other official of customs authority designated (attracted) to accomplishment of customs formalities concerning goods that move (are sent) in departures;
system for tracking of MEO - information, communication, information and communication system of express carrier which is used for tracking of passing of MEO during the whole time of its movement from the sender to the receiver.
For the purposes of the presents of the Procedure and conditions of the word "departures", "operator" and "the electronic document" are used in the following values:
departure - MPO and/or MEO;
the electronic document - the temporary register, the additional register, the additional register to the temporary register, the electronic customs declarations CN22, CN 23, the electronic customs declaration M-16;
the operator - the operator of mail service and/or express carrier.
Other terms in the presents the Procedure and conditions are used in the values determined by the Customs code of Ukraine (further - the Code), the Law of Ukraine "About mail service", the Rules of provision of services of mail service approved by the resolution of the Cabinet of Ministers of Ukraine of March 05, 2009 No. 270, other normative legal acts concerning customs affairs.
3. By provision by operators of mail service of services in transfer of MPO the forms of documents determined by acts of Universal Postal Union are used.
4. By provision by express carriers of services in the accelerated transportation of MEO the forms of documents determined by such express carriers are used.
5. For the purpose of ensuring implementation by customs authorities of customs control of the goods moved through customs border of Ukraine, holding the actions connected with identification, the prevention and the termination of smuggling and customs offenses within rooms and in the corresponding territories of MMPO (TsSS/RSS) customs control zones according to the procedure, established by the legislation of Ukraine concerning customs affairs are created.
6. Forms and amounts of customs control of the goods moved (sent) in departures are chosen automated control system of risks (further - ASUR) and/or officials of customs authority by results of application of risk management system (further - the RMS) taking into account and observance of provisions of Chapter 52 of the Section XI of the Code and procedure of the analysis and risks assessment, development and implementation of actions on risk management for determination of forms and amounts of the customs control approved by the order of the Ministry of Finance of Ukraine of July 31, 2015 No. 684, registered in the Ministry of Justice of Ukraine on August 21, 2015 at No. 1021/27466 (in edition of the order of the Ministry of Finance of Ukraine of January 22, 2021 No. 32) (dalee-Poryadok No. 684).
7. All goods which move are subject to customs control and customs clearance (are sent) through customs border of Ukraine to departures of any kinds and categories.
8. Officials of customs authority begin customs clearance of the moved (sent) goods in departures, after implementation of their declaring in the procedure established by the legislation and submissions of all documents and data necessary for implementation of their customs control and registration.
9. For implementation of written declaring customs declarations or documents replacing them provided by the Regulations on customs declarations approved by the resolution of the Cabinet of Ministers of Ukraine of May 21, 2012 No. 450 are used (further - Regulations on customs declarations).
Oral declaring of the departures determined in part one of Article 236 of Chapter 36 of the Section VI of the Code is performed by the operator by the statement of the data necessary for customs clearance, and presentation to officials of customs authority of such departures and shipping documents to them for implementation of customs control.
10. The temporary register, the additional register, the additional register to the temporary register and the customs declarations CN22, CN23 is represented for customs clearance only by the operator.
The customs declarations CN22, CN23 on paper are followed by their electronic copies.
11. Customs formalities concerning goods for which declaring the customs declaration in form of the single administrative document (dalee-EAD) or the written application in form according to Appendix 1 to the Regulations on customs declarations is used are performed according to procedure for accomplishment of customs formalities when implementing customs clearance of goods using the customs declaration on the form of the single administrative document approved by the order of the Ministry of Finance of Ukraine of May 30, 2012 No. 631, registered in the Ministry of Justice of Ukraine on August 10, 2012 at No. 1360/21672 (further - the Procedure for No. 631), taking into account the features provided by the Section XII of the presents of procedure and conditions.
Customs formalities concerning goods for which declaring other customs declarations or documents replacing them provided by Regulations on customs declarations are used are performed with observance of provisions of the presents of the Procedure and conditions.
12. In case of submission of the customs declaration M-16 by the receiver in paper form the official of customs authority to whom this customs declaration is submitted creates its electronic copy in electronic information resources of customs authorities and performs the customs formalities determined by the presents Procedure and conditions.
1. Processing and documentary execution of dispatches and separate MPO are performed by the operator of mail service according to acts of Universal Postal Union and the legislation of Ukraine in the field of provision of services of mail service.
When implementing processing of MPO the operator of mail service checks availability of the preliminary information about MPO, external condition of MPO (integrity, availability of accompanying documents, etc.), correctness of the direction and weight, and also correctness of documentary registration of MPO and filling of the customs declaration CN22 or CN23.
2. When processing written correspondence the operator of mail service at the same time distributes MPO by types for election of the corresponding declaration form established by the Code:
post letters and leaflets, literature for blind people, the printed materials moved in different types of written correspondence - for oral declaring from shipping documents;
MPO of written correspondence in which goods move, - for written declaring.
3. MPO sent out of limits of customs area of Ukraine are accepted by the operator of mail service to transfer directly in MMPO or other objects of mail service of such operator on customs area of Ukraine.
MPO accepted in other objects of mail service of Ukraine are subject to delivery in MMPO together with accompanying documents.
4. The information about the receiver of MPO is changed by the operator of mail service with observance of requirements of acts of Universal Postal Union.
Such changes are allowed prior to declaration of goods in MPO on condition of entering of mail service of the relevant information by the operator into electronic system of accounting and storage.
1. Express carriers provide introduction and display in system for tracking of MEO of information on the location of each separate MEO during the whole time of its movement from the sender to the receiver.
2. The express carrier provides registration on each separate MEO of the international transport document (further - MTD) which is the transportation agreement of such MEO, and accompanies it throughout all movement from the sender to the receiver.
The list of details MTD is determined by express carrier independently and contains the data necessary for implementation of customs control of goods in MEO.
Each separate MEO can consist of one or several places.
3. The format of numbering of departures and accompanying documents is determined by express carrier for ensuring identification of MEO. At the same time number MEO corresponds to number MTD.
4. The transactions on unpacking, repacking, presentation for survey of MEO imported on customs area of Ukraine, their storage before release into free circulation or return to senders and also customs formalities with goods in MEO are performed under customs control on TsSS (RSS) of the express carrier performing the accelerated transportation of such MEO.
Movement of MEO with TsSS on RSS and in the opposite direction (if necessary) is performed based on the customs declaration submitted express carrier in the EAD form for internal transit of MEO.
5. The information about the receiver of MEO can be changed by express carrier based on the requirement of the sender of such MEO prior to declaring of the goods moved to them.
Such changes are allowed when entering of the relevant information by express carrier into electronic system of accounting and storage.
The customs clearance of goods in MEO with change of information about the receiver of the MEO-company on the receiver of the MEO-citizen is performed on the terms of observance of requirements of part one of Article 364 of Chapter 53 of the Section XII of the Code.
1. Information exchange between State Customs Service, other customs authorities and operators is performed with use of the systems providing functioning of electronic information resources of customs authorities with observance of requirements of the legislation in the field of electronic document management, information security, electronic identification and electronic confidential services.
2. Information exchange is performed with observance of requirements of the Laws of Ukraine "About information", "About electronic communications", "About information security in information and communication systems", "About electronic identification and electronic confidential services", "About electronic documents and electronic document management", "About personal data protection", and also other regulatory legal acts on information security.
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