of December 29, 2007 No. 1409
About approval of the Procedure for continuation of terms of calculations for the external economic transactions
According to article 6 of the Law of Ukraine "About procedure of payments in foreign currency" the Cabinet of Ministers of Ukraine decides:
1. Approve the Procedure for continuation of terms of calculations for the external economic transactions which is applied.
With respect thereto to recognize invalid:
the resolution of the Cabinet of Ministers of Ukraine of March 30, 2002 No. 445 "About approval of the Procedure for reference of transactions of residents in case of implementation of foreign economic activity by them to agreements of production cooperation, consignment, complex construction, operational and financial leasing, delivery of difficult technical products and goods of special purpose and recognition voided some resolutions of the Cabinet of Ministers of Ukraine" (The Official Bulletin of Ukraine, 2002, No. 14, the Art. 749);
Item of 2 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of April 29, 2004 No. 571 (The Official Bulletin of Ukraine, 2004, No. 18, the Art. 1285).
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 29, 2007, No. 1409
1. This Procedure determines the mechanism of reference of transactions of residents to it which are performed under agreements of production cooperation, consignments, complex construction, tender delivery, guarantee maintenance, delivery of difficult technical products and goods of special purpose, and also condition of issue of the conclusions concerning exceeding of the terms of carrying out calculations for such transactions established in articles 1 and 2 of the Law of Ukraine "About procedure of payments in foreign currency" (fixed terms are farther).
Action of this Procedure extends to all residents - subjects of foreign economic activity irrespective of pattern of ownership.
1) during execution of agreements of production cooperation - transactions on supply of raw materials, materials, nodes, details, spare parts, procurements of semifinished products, component parts and other products of industry and cross-industry appointment which are technology interconnected and necessary for production of end products, and also transaction on provision of services on accomplishment of the project, repair work and maintenance connected with production and realization of end products;
2) during execution of agreements of consignment - transactions on sales of goods according to which one party (consignee) undertakes to sell at the request of the second party (consignor) during certain time (the duration of the agreement of consignment) for the caused remuneration from consignment warehouse on its own behalf goods which belong to the consignor;
3) during execution of agreements of complex construction - transactions on accomplishment of project and design-search works, know-how broadcasts in industry of construction and production of construction materials, designs, to accomplishment construction, special and installation and construction works, including during execution of agreements on projects implementation according to the scheme Build-Operate-Transfer, implementation of supervision of erection and designer's service in construction, accomplishment of commissioning and warranty works (provision of services), and also on delivery of machines and mechanisms, materials, the equipment, building constructions and materials for accomplishment of noted works (provision of services);
4) during execution of agreements of tender delivery - transactions on delivery of the goods (performance of works, provision of services) ordered by results of the international biddings (tenders);
5) during execution of agreements of guarantee maintenance export transactions on delivery of goods (performance of works, provision of services) which conditions provide carrying out calculations by parts after signing of the relevant acts of technique (testing, installation, installation, adjustment) goods (works, services), and also carrying out final settlements after completion of the corresponding warranty period;
6) during execution of delivery agreements of difficult technical products - import transactions on supply of equipment by parts or difficult technical products which need installation, installation, adjustment, guarantee maintenance and their introduction in action on site of operation, and also on delivery of difficult technical products, the term of production and which transportation exceeds 180 days;
7) in case of agreement performance of delivery of goods of special purpose - transaction on the international transfers of military goods and double use according to the list which is determined by the Cabinet of Ministers of Ukraine; transactions on supply of natural gas according to supplier contracts of natural gas which are performed by National joint stock company "Naftogaz Ukrainy", and on transportation (transit) of natural gas of the foreign owner for its giving in defined by the agreement of the place (point) which conditions provide carrying out final settlements after signing of the relevant acts.
3. The conclusion concerning reference of transactions of resident to it which are performed under agreements of production cooperation consignments, complex construction, tender delivery, guarantee maintenance, delivery of difficult technical products and goods of special purpose, and continuation of fixed terms (further - conclusion) is issued to the Ministry of Economic Development.
The Ministry of Economic Development issues to National joint stock company "Naftogaz Ukrainy" the conclusion on the external economic transactions with JSC Gazprom on delivery and/or transit of natural gas for a period of up to December 31, 2016 which Stockholm (Sweden) considers terms of consideration of disputes between National joint stock company "Naftogaz Ukrainy" and PJSC Gazprom according to Arbitral Regulations of Arbitral institute of Chamber of commerce.
The term of calculations determined in the conclusion can be prolonged in accordance with the established procedure on condition of representation of reasons for need of such prolongation and supporting documents.
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