RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 2, 2009 No. 320

About approval of the Procedure for movement of goods at check points through frontier which are located in the territory of seaports of Ukraine, during container transports in through mixed traffic

The Cabinet of Ministers of Ukraine decides:

Approve the Procedure for movement of goods at the check points through frontier located in the territory of seaports of Ukraine during container transports in through mixed traffic which is applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 2, 2009, No. 320

Procedure for movement of goods at the check points through frontier located in the territory of seaports of Ukraine during container transports in through mixed traffic

1. This Procedure determines general technology and the sequence of implementation at the check points through frontier located in the territory of seaports of Ukraine, boundary customs and other types of goods control which move through frontier in containers in through mixed traffic (further - goods).

2. The ship master (the representative of shipowner, the marine agent) beforehand addresses with use of the available means of communication to service sanitarno of epidemiological control and port administration and gives the relevant information.

Information is carried to permission of divisions of protection of frontier, customs authorities and other monitoring bodies. According to the decision of the specified bodies free practice is applied to the vessel. Carrying out preliminary information analysis and the documents necessary for application to the vessel of free practice, their transfer and exchange between monitoring bodies, port administration, the agency organization (marine agent) can be performed by electronic communication with observance of requirements of the legislation on electronic document management. In that case paper document management is not performed. The list of documents on goods and vehicles which move to monitoring bodies electronically is determined according to the Convention on simplification of international maritime traffic of 1965 and other acts of the legislation;

In case of availability of notes of monitoring bodies concerning application of free practice control of the vessel is exercised by the relevant commission in general procedure;

The specified information moves the agency organization (marine agent) not later than in one days (or at the time of exit from the nearest port if sea transition constitutes less than one days) before arrival of the vessel in the port of destination on customs area of Ukraine to customs authority and other monitoring bodies electronically with observance of requirements of the legislation on electronic document management.

3. Loading and unloading of courts of foreign swimming and also carrying out auxillary operations with goods (fixture, breaking-out, movement on the vessel) is allowed without participation of the commission in case of application for the vessel of free practice.

3-1. Loading and unloading of the vessel with the goods moved in containers which are stored in limits of one check point or customs control zone in the territory of sea trade port until their export by other vessel and also disposal of the vessel from port are performed without representation of the documents to monitoring bodies necessary for carrying out the corresponding types of control of such goods.

In case of prohibition the port administration together with carrier (or his representative) provides with monitoring body of commodity importation on customs area of Ukraine immediate loading of such goods on the vessel of carrier which performed the goods delivery to the port. The expenses connected with such loading are compensated by carrier (or his representative - the marine agent, the freight forwarder and so forth).

4. Officials of monitoring bodies during control do in shipping documents mark about time of the beginning and time of the end of control.

Duration of customs control of goods which moves en route through customs area of Ukraine in container in case of carrying out preliminary documentary control shall not exceed four hours from the moment of submission of stipulated by the legislation documents.

In case when the unified information system of port is not used, production of documents on goods and vehicles for registration by monitoring bodies and their issue after registration are performed through the representative of port administration or cargo customs complex. In coordination with port administration separate stages of registration of goods and the vehicle can be performed without participation of the specified administration.

Person who because of long to verification of documents in the absence of legal basis skirted deadlines of registration of goods bears legal accountability.

5. The customs clearance of goods in sea trade port begins before giving of the vehicle for export of such goods and without representation to customs authority of data on noted means.

The container is loaded on the vehicle for export from port at stage of completion of customs clearance of goods.

6. Registration of goods is performed by the principle of "single office".

7. At the check points through frontier located in the territory of sea trade ports the round-the-clock working hours of monitoring bodies which take part in registration of goods and vehicles are set. Responsibility for creation proper sanitary and hygienic, specifications for accomplishment of the functions by monitoring bodies is assigned to sea trade port in the territory of which the check point is open for the international message.

8. The basis for commodity exportation from port area is the document determined by the technological scheme of control in port developed according to the Customs code of Ukraine.

9. Types of control are determined by customs authorities according to the legislation.

10. In case when the goods move en route through the territory of Ukraine, at the check points through frontier located in the territory of sea trade ports the minimum quantity of the customs procedures necessary for ensuring proper control of delivery of goods in transit, stipulated by the legislation is performed.

11. In case of transit of goods (except excisable) which arrive and are shipped by sea and river transport and remain within one check point or the customs control zone in the territory of sea trade port, the cargo customs declaration is not drawn up. In that case measures of guaranteeing delivery are not applied to goods which are under customs control.

12. Carrying out control procedures concerning goods (survey, weighing and so forth) is performed disposable at the initiative of monitoring body based on information which contains in the automated analysis system and risk managements, during customs control and customs clearance of goods using the cargo customs declaration.

13. In case when as a result of control of goods or container damages are put, perpetrators bear legal accountability.

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