ORDER OF THE STATE CUSTOMS SERVICE OF UKRAINE

of December 13, 2010 No. 1467

About approval of the Procedure for application of the automated analysis system and risk management during customs control and customs clearance of goods using the cargo customs declaration

According to standard rules 6.3, 6.4, 6.9 International conventions about simplification and harmonization of customs procedures of 18:05. Which 73, Ukraine joined under the law of Ukraine "About accession of Ukraine to the Protocol on modification of the International convention about simplification and harmonization of customs procedures", I ORDER:

1. Approve the Procedure for application of the automated analysis system and risk management during customs control and customs clearance of goods using the cargo customs declaration (further - the Procedure) which is applied.

2. To provide to department of analytical work, risk management and audit (Bald V.M.) and Legal support division (Black G.M.) submission of this order on state registration in the Ministry of Justice of Ukraine.

3. To provide to heads of regional customs, customs informing subjects of business activity on requirements of this order.

4. To regional information customs (Koposov S.A.) finish the corresponding program and information complexes for ensuring implementation of requirements of the Procedure.

5. Determine that this order becomes effective in 30 days after its official publication.

6. To assign general coordination of the actions connected with accomplishment of this order to Department of analytical work, risk management and audit (Bald V.M.).

7. To impose control over the implementation of the order on the deputy

Approved by the Order of the State Customs Service of Ukraine of December 13, 2010, No. 1467

Procedure for application of the automated analysis system and risk management during customs control and customs clearance of goods using the cargo customs declaration

1. General provisions

1.1. This Procedure is developed on purpose:

increases in overall performance of customs authorities during customs control and customs clearance due to implementation of risk management methods, including risk analysis, with use of information technologies;

establishments of single procedure for the practical application in customs authorities of the automated analysis system and risk management during customs control and customs clearance of goods using the cargo customs declaration (further - GTD).

1.2. This Procedure determines features of actions of officials of divisions of customs clearance (further - PTO) regional customs, customs exercising customs control and customs clearance of goods using GTD (further - the officials of PTO determined for implementation of customs procedures by GTD), and other officials of regional customs, customs during application of the automated analysis system and risk management (further - ASAUR) implemented to program information "The Automated System of Customs Clearance" complex (further - ASTO PEAK).

1.3. The risk assessment on GTD by means of ASAUR is performed by verification of the electronic copy of GTD. Such check is performed in the automated mode after acceptance of GTD to customs clearance and entering of the electronic copy of GTD into the database (further - DB) customs authority.

1.4. By results of risk assessment on GTD ASAUR creates the list of customs procedures (further - TP).

1.5. Contains list of TP:

1) name TP;

2) TP type (obligatory, obligatory under condition, in case of need);

3) the message to TP (contains the refining, instructions or explanations concerning application of TP, if necessary - refining about goods or other conditions under which application of TP is obligatory).

The list of TP may contain also not any instructions or to contain only the message without specifying TP.

1.6. The instructions created by ASAUR containing in the list of TP are performed by officials of customs authorities when carrying out customs control and customs clearance, taking into account type of TP and the message to TP and according to the regulatory legal acts regulating procedure for carrying out customs control and customs clearance of goods and vehicles.

2. Operations procedure of officials of PTO and other officials of regional customs, customs during application of ASAUR

2.1. After risk assessment on GTD by verification of the electronic copy of GTD by means of ASAUR the official of PTO determined for implementation of TP by GTD reviews the list of TP created in electronic form ASAUR.

2.2. In case of participation in customs control and customs clearance of other officials of PTO or officials of other divisions these officials without fail review the list of TP created by ASAUR for determination of TP which accomplishment is within their competence.

If in the list of TP there are TP which accomplishment is within the competence of officials or divisions of customs authority which are or are located not in PTO, then the official of PTO determined for implementation of TP by GTD reports about the list of TP to the head (deputy manager) of PTO or person replacing it and takes measures for the immediate notice of officials or divisions of customs authority within which competence accomplishment of TP, about the list of TP created by ASAUR, including means of telephone, fax connection, e-mail and so forth is.

Divisions of customs authority within which competence accomplishment of TP which can be performed after completion of customs clearance or refusal in customs clearance is regularly (at least, than weekly) review the created lists of TP with use of access to DB of customs authority ASTO PEAK. Provisions of paragraphs of the first and second this Item are not applied to such TP.

2.3. Type TP "obligatory" shall be performed without fail, except cases when:

1) accomplishment of TP is impossible (depending on type or the characteristic of goods, from availability of the appropriate technical means, from possibility of presentation of goods to customs control and so forth);

2) accomplishment of TP is inexpedient (the expected effect of accomplishment of TP does not exceed costs of resources of customs authorities for accomplishment of TP or accomplishment of TP can lead to considerable unreasonable delay of customs clearance);

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