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The document ceased to be valid since  November 8, 2016 according to Item 1 of the Order of the Ministry of Economic Development and Trade of Ukraine of  September 20, 2016 No. 1581/829

It is registered

Ministry of Justice of Ukraine

May 29, 2009

No. 469/16485

THE ORDER OF THE STATE COMMITTEE OF UKRAINE CONCERNING REGULATORY POLICY AND THE ENTREPRENEURSHIP, THE STATE CUSTOMS SERVICE OF UKRAINE

of May 13, 2009 No. 89/445

About approval of Licensed conditions of implementation of intermediary activities of the customs broker

1. Approve Licensed conditions of implementation of intermediary activities of the customs broker which are applied.

2. To department of licensing of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship (Ivanchenko O. B.) and Department of the organization of customs control of State Customs Service (Serbaylo A. I.) provide provision of this order on state registration in the Ministry of Justice of Ukraine.

3. Determine that this order becomes effective in 10 days after its official publication.

4. To provide to the press service of State Customs Service (S.D.'s Pike perch) the publication of this order in accordance with the established procedure.

To regional customs, customs to inform the interested subjects of housekeeping concerning need of reduction of their activities to requirements of this order within three months from the date of the introduction it in force.

5. To impose control over the implementation of the order on the vice-chairman of the State committee of Ukraine concerning regulatory policy and entrepreneurship Tretyakov S. I. and vice-chairman of the State Customs Service of Ukraine Fedorov O. O.

Chairman of the State committee

Ukraine concerning regulatory

politicians and entrepreneurships

 

 

O. V. Kuzhel

Chairman State

Customs Service of Ukraine

 

A. V. Makarenko

It is approved:

First deputy

Minister of Finance of Ukraine

 

 

I. I. Umansky

Approved by the Order of the State committee of Ukraine concerning regulatory policy and entrepreneurship, the State Customs Service of Ukraine of May 13, 2009 No. 89/445

Licensed conditions of implementation of intermediary activities of the customs broker

I. General provisions

1. These Licensed conditions are developed according to the Law of Ukraine "About licensing of certain types of economic activity" (further - the Law), the International convention about simplification and harmonization of customs procedures of 18:05. Which 73, Ukraine joined according to the Law of Ukraine of 05.10.2006 No. 227-V (further - the Kyoto convention), Articles 176-181 of the Customs code of Ukraine (further - the Code).

2. Terms in these Licensed conditions are used in such value:

the representative of the customs broker - the physical person which is in employment relationships with the customs broker and directly carrying out for the benefit of person who is represented by the customs broker, the actions connected with presentation to customs authority of goods and vehicles, and also the documents necessary for their customs control and customs clearance, meeting the qualification requirements established in Item 10 of the Section II of these Licensed conditions.

Other terms are used in the values determined by the Kyoto convention, the Code and the Law.

3. Licensed conditions establish organizational and qualification requirements to implementation of intermediary activities of the customs broker.

4. Accomplishment of these Licensed conditions is obligatory during implementation by the subject of housekeeping of intermediary activities of the customs broker.

II. Organizational and qualification requirements to implementation of intermediary activities of customs brokers

1. During implementation of declaration of goods and vehicles to customs authorities the customs broker and his representative have the same rights concerning presentation of these goods and vehicles to customs authorities, as person who authorizes them to represent the interests in relations with customs authorities.

2. The customs broker and his representative have the right to require from the face which is represented by the customs broker, provisions of documents, data, and also other information concerning person and/or goods and vehicles which are declared by it, only in the limits necessary for implementation of declaration of goods according to requirements of the Code.

3. The customs broker shall have the insurance contract of own activities a minimum of 2000 tax-free minima of the income of citizens according to Item 34 of the List of documents which are enclosed to the application for licensing for the separate type of economic activity approved by the resolution of the Cabinet of Ministers of Ukraine of 04.07.2001 N 756.

4. The customs broker shall provide accomplishment by his representative of the following requirements:

upon the demand of customs authority to show goods, vehicles and all necessary documents for customs control and customs clearance and to be present during their carrying out;

inform in writing person who gave it goods and vehicles for presentation to customs authority, about the revealed damages of container and packaging, and also about discrepancy of these goods, vehicles to the information about them specified in business, transport and other accompanying documents.

5. The customs broker or the representative of the customs broker carries out powers in the amount established at the request of person who it represents to perform any transactions connected with presentation to customs authority of goods, vehicles and documents on them to customs clearance.

6. For implementation of declaration of goods and vehicles the customs broker shall:

sign the written agreement of the order about provision of services on declaration of goods and vehicles with person whose interests it represents in relations with customs authority;

have the representative of the customs broker in the state or sign the corresponding employment contract with such representative.

7. The physical person - the entrepreneur can be at the same time customs broker and the representative of the customs broker and to perform declaration of goods and vehicles on condition of the conclusion of the written agreement of the order about provision of services on declaration of goods and vehicles with person whose interests it represents in relations with customs authority.

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