ORDER OF THE MINISTRY OF ECONOMY AND EUROPEAN INTEGRATION OF UKRAINE

of April 1, 2004 No. 122

About approval of the Procedure for consideration of requests for licensing in the field of non-tariff regulation of foreign economic activity

According to the Law of Ukraine "About foreign economic activity" and the Law of Ukraine of 20.11.2003 No. 1315-VI "About introduction of amendments to article 16 of the Law of Ukraine "About foreign economic activity" PRIKAZYVAYU:

1. Approve the Procedure for consideration of requests for licensing in the field of non-tariff regulation of foreign economic activity in the Ministry of Economic Development and Trade of Ukraine which is applied.

2. Repeal the order of the Ministry of Economy and European Integration of Ukraine of 28.11.2003 No. 342 "About procedure for consideration of requests for issue of allowing documents in the field of non-tariff regulation of foreign economic activity".

3. To impose control of execution of this order on the first deputy of the Minister of Economic Affairs of Ukraine of Pyatnitsky V. T.

Approved by the Order of the Ministry of Economics of Ukraine of April 1, 2004, No. 122

Procedure for consideration of requests for licensing in the field of non-tariff regulation of foreign economic activity in the Ministry of Economic Development and Trade of Ukraine

1. The request for licensing in the field of non-tariff regulation of foreign economic activity is drawn up by the subject of business activity in the established form.

2. Consideration of requests for issue of licenses in the field of non-tariff regulation of the foreign economic activity performed in the mode of automatic licensing is carried out by department of non-tariff regulation with participation of department of state regulation of foreign economic activity of department of regulation of foreign economic activity which performs consideration of requests regarding control of application to subjects of foreign economic activity of special sanctions according to  article 37 of the Law of Ukraine "About foreign economic activity".

Consideration of requests for issue of licenses in the field of non-tariff regulation of the foreign economic activity performed in the mode of non-automatic licensing is carried out by department of non-tariff regulation with participation of department of instruments of regulation of foreign economic activity, department of state regulation of foreign economic activity, department of regulation of foreign economic activity, department of legal support of foreign economic activity of legal department.

The Ministry of economic development and trade of Ukraine by consideration of requests for issue of licenses in the field of non-tariff regulation obtains information on compliance of contract prices to the existing environment of certain commodity market, and in case of introduction of the mode of quoting of goods - on compliance of contract prices of the external economic agreement (contract) signed current marketing year, the environment of certain commodity market which developed for date of its conclusion from the state company "State Information and Analysis Center of Monitoring of the Foreign Goods Markets" or other specialized state enterprises, organizations and the organizations determined by the Cabinet of Ministers of Ukraine.

3. The departments specified in the paragraph the second Item 2 according to this Procedure and within the competence perform consideration of requests on the following questions:

department of instruments of regulation of foreign economic activity of department of regulation of foreign economic activity - regarding availability of quotas and control of their use;

department of state regulation of foreign economic activity of department of regulation of foreign economic activity - regarding control of application to subjects of foreign economic activity of special sanctions according to article 37 of the Law of Ukraine "About foreign economic activity";

department of legal support of foreign economic activity of legal department - concerning compliance of conditions of the external economic agreement (contract) to the legislation of Ukraine and to the international precepts of law;

The paragraph the fifth is excluded.

4. The department of non-tariff regulation performs documents acceptance on execution of licenses in the field of non-tariff regulation of foreign economic activity, generalizes the conclusions of the departments which are taking part in consideration of requests, carries out registration and issue of licenses or prepares motivated refusal in their issue.

5. In case of introduction of the mode of automatic licensing the request for receipt of the license and other necessary documents can go to any working day to customs clearance of goods.

In case of introduction of the mode of non-automatic licensing the request for receipt of the license and other necessary documents can go on first come which is determined according to registration date of requests, or at the same time before the termination of the announced term of their acceptance.

Order taking for receipt of the license and other necessary documents according to the procedure of their receipt which is determined according to registration date of requests is performed until exhaustion of the established quota.

Order taking for receipt of the license and other necessary documents at the same time before the termination of the announced term of their acceptance is performed from all applicants irrespective of amounts of the established quota. The term of order taking constitutes at least 21 days. Distribution of quotas will be performed taking into account data concerning use earlier received licenses and need of licensing for goods for economically reasonable quantity.

By consideration of the submitted applications at the same time, in case of implementation of non-automatic licensing for the first time, distribution of quotas is performed in proportion to the amounts specified in requests of subjects of foreign economic activity.

6. All information concerning procedures of submission of requests for receipt of the license and other necessary documents, and also amounts of the established quotas for goods, in case of introduction of the mode of non-automatic licensing according to the procedure of the announcement of term of order taking shall be placed on the Website of the Ministry of Economic Development and Trade of Ukraine.

7. Licenses in the field of non-tariff regulation of foreign economic activity or the letter with refusal in issue of licenses have the right to sign the First Deputy Minister, the deputy minister - the chief of staff, the deputy minister according to distribution of obligations, the director of the department of regulation of foreign economic activity or person who replaces it.

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