ORDER OF THE MINISTRY OF FINANCE OF UKRAINE OF THE STATE CUSTOMS SERVICE OF UKRAINE

of December 8, 2003 No. 667/840

About approval of the Procedure for confirmation of accessory of the equipment and/or materials to it which are imported into Ukraine on projects of energy saving which are implemented at the companies in organizations and the organizations and are financed for the credit account, No. 616 received according to the Credit agreement (Financing of the Ukrainian ESKO) between Ukraine and the EBRD of 09.05.98

In pursuance of the order of the Cabinet of Ministers of Ukraine of 28.04.2001 N 160-p of PRIKAZYVAYEM:

1. Approve the Procedure for confirmation of accessory of the equipment and/or materials to it which are imported into Ukraine on projects of energy saving which are implemented at the companies in organizations and the organizations and are financed for the credit account, received according to the Credit agreement (Financing of the Ukrainian ESKO) between Ukraine and the EBRD of 09.05.98 N 616 (further - the Procedure) which is applied.

2. To the Ministry of Finance of Ukraine to carry out confirmation of accessory of the equipment and/or materials to it which are imported into Ukraine on projects of energy saving which are implemented at the companies in organizations and the organizations and are financed for the credit account, N 616, received according to the Credit agreement (Financing of the Ukrainian ESKO) between Ukraine and the EBRD of 09.05.98 according to Procedure.

3. To submit to management of cooperation with international financial institutions of Department of national debt management of the Ministry of Finance of Ukraine in the procedure established by the current legislation this order on state registration to the Ministry of Justice of Ukraine.

4. To the State Customs Service of Ukraine to establish control of import of the specified equipment and/or materials.

Approved by the Order of the Ministry of Finance of Ukraine, the State Customs Service of Ukraine of December 8, 2003, No. 667/840

The procedure for confirmation of accessory of the equipment and/or materials to it which are imported into Ukraine on projects of energy saving which are implemented at the companies in organizations and the organizations and are financed for the credit account, received according to the Credit agreement (Financing of the Ukrainian ESKO) between Ukraine and the EBRD of 09.05.98 N 616

This Procedure establishes the procedure of confirmation of accessory of the equipment and/or materials to it which are imported into Ukraine on projects of energy saving which are implemented at the companies, in organizations and the organizations and are financed for the credit account, received according to the Credit agreement (Financing of the Ukrainian ESKO) between Ukraine and the EBRD of 09.05.98 N 616.

1. General provisions

1.1. In this Procedure terms are used in such value:

The credit agreement is Credit agreement (Financing of the Ukrainian ESKO) between Ukraine and the European Bank for Reconstruction and Development (further - the EBRD) of May 9, 1998 N 616;

the credit of the EBRD - the loan granted to Ukraine by the EBRD according to the Credit agreement;

UKRESKO Ltd - "Ukrainian Energy Saving Service Company" Private company;

the beneficiary is final receiver of the equipment and/or the materials transferred to it by UKRESKO Ltd according to the energy saving contract signed within the Credit agreement;

the project of energy saving - the project which is carried out within the Credit agreement and which realization gives opportunity to the beneficiary to reduce level of consumption of energy and/or energy carriers;

the energy saving contract - the agreement or packet of agreements concluded between UKRESKO Ltd and the beneficiary, regulating question of project implementation (ov) of energy saving including determines the amount of works, accomplishment conditions, procedure for financing of the project(s) of energy saving, procedure for transfer of the realized project to the beneficiary, fee of UKRESKO Ltd, providing financial liabilities of the beneficiary and so forth;

the reference - the certificate of the Ministry of Finance of Ukraine of confirmation of the fact of accessory of the equipment and/or materials to it which are imported into Ukraine on projects of energy saving which are implemented at the companies in organizations and the organizations and are financed for the credit account, received according to the Credit agreement;

the supplier - legal entity or physical person - the nonresident, under the external economic contract with which UKRESKO Ltd imports (sends) on customs area of Ukraine the equipment and/or materials within projects of energy saving which are implemented at the companies, in organizations and the organizations and are financed for the credit account, received according to the Credit agreement.

2. Features of customs clearance of the equipment and/or materials

2.1. The Ministry of Finance of Ukraine (further - the Ministry of Finance) issues UKRESKO Ltd of the certificate of accessory of the equipment and/or materials to it which are imported into Ukraine according to the Credit agreement, in case of payment of the equipment and/or materials which are imported (are sent) UKRESKO Ltd on customs area of Ukraine, is exclusive at the expense of means of the credit of the EBRD (appendix).

2.2. The customs clearance of the equipment and/or materials which are imported (are sent) on customs area of Ukraine according to the Credit agreement, UKRESKO Ltd with provision of the promissory note on tax amount on value added without confirmation by its bank by the aval with repayment period of 90 days is performed.

2.3. For implementation of customs clearance of the equipment and/or materials which are imported (are sent) on customs area of Ukraine according to the Credit agreement, with the tax discharge on value added according to the procedure, stipulated in Item 2.2 these Procedure, UKRESKO Ltd gives to customs authority which will perform customs clearance of the corresponding equipment and/or materials, the reference and the copy of the external economic purchase contract of the equipment and/or materials certified by the Ministry of Finance.

2.4. After customs clearance of the equipment and/or materials which were imported on customs area of Ukraine by UKRESKO Ltd within the Credit agreement they can be transferred (are realized) only to the beneficiary.

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