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Ministry of Justice of Ukraine

September 2, 2011

No. 1044/19782

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of August 23, 2011 No. 42

About procedure for issue of conclusions that goods which are used for development of production and ensuring consumption of species of fuel are not made and have no analogs in Ukraine

(as amended of the Order of the Ministry of Economic Development and Trade of Ukraine of 26.05.2015 No. 538)

According to the subitem 2 of Item 3 of the Procedure for import to customs area of Ukraine of the equipment, equipment, the equipment, technical and vehicles which are used for development of production and ensuring consumption of species of the fuel approved by the resolution of the Cabinet of Ministers of Ukraine of 18.05.2011 No. 581, I ORDER:

1. Approve:

Procedure for issue of conclusions that goods which are used for development of production and ensuring consumption of species of fuel are not made and have no analogs in Ukraine it (is applied);

form of the conclusion that goods which are used for development of production and ensuring consumption of species of fuel are not made and have no analogs in Ukraine it (is applied).

2. Authorize to sign conclusion or the letter of refusal in its issue of the director of the department of foreign economic activity. In case of absence of the director of the department of regulation of foreign economic activity conclusion or the letter of refusal in its issue signs person who replaces it.

3. Provide to international business department in accordance with the established procedure this order on state registration to the Ministry of Justice of Ukraine.

4. This order becomes effective from the date of its official publication.

5. To impose control over the implementation of this order on the director of the department of foreign economic activity.

First vice-Prime Minister of Ukraine Minister of Economic Development and Trade of Ukraine

A. P. Klyuev

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of August 23, 2011, No. 42

Procedure for issue of conclusions that goods which are used for development of production and ensuring consumption of species of fuel are not made and have no analogs in Ukraine

1. This Procedure determines the procedure of issue by the Ministry of Economic Development and Trade of Ukraine (further - the Ministry) conclusions that the equipment, equipment and the equipment which are used for reconstruction existing and constructions of the new companies for production of species of fuel, production and reconstruction (re-equipment) technical and vehicles for the purpose of ensuring consumption of species of fuel both technical and vehicles, including the self-propelled farm vehicles working with use of species of fuel which are classified by codes according to UKTVED determined in article 7 of the Law of Ukraine "About alternative types of fuel" and also determined by the Cabinet of Ministers of Ukraine according to Item 2 of the Section II "Final provisions" of the Law of Ukraine "About introduction of amendments to some laws of Ukraine concerning assistance to production and use of species of fuel" (further - goods), are not made and have no analogs in Ukraine (further - conclusion).

2. Action of this Procedure extends to all residents - subjects of managing irrespective of pattern of ownership.

3. For receipt of conclusions subjects of managing send such documents to the Ministry:

1) the letter of appeal concerning issue of conclusion in any form on the official form of the subject of managing signed by the head (or persons who fulfills its duties), under seal the subject of managing (in the presence);

2) certified by the signature of the head (or persons who fulfills its duties) and seal (in the presence) of the subject of managing of the copy and the official translations (in case when documents are imprisoned only in foreign language):

the external economic agreement (contract) with all appendices and specifications or other document which is the basis for commodity importation on customs area of Ukraine;

technical data sheet or other document of the plant - producer of goods in which it is specified that the goods are intended for production and/or consumption of species of fuel;

references or statements from the Unified state register of the companies and organizations of Ukraine (EGRPOU);

3) the original of expert conclusion of Chamber of Commerce and Industry of Ukraine or regional Chamber of Commerce and Industry concerning determination of commodity codes according to UKTVED.

4. Accuracy of the information, provided in documents submitted for consideration, provides organization which issued them, and subject of managing according to which appeal conclusion is provided.

5. Preparation of conclusion is performed by department of regulation of foreign economic activity of the Ministry.

6. Conclusion or the letter of refusal in its issue within 30 calendar days from registration date of documents in the Ministry is provided by means of mail service or directly to the subject of managing or its representative to condition of provision of the original properly of the drawn-up power of attorney on its obtaining and the identity document.

7. Consideration of the filed documents is performed in such procedure:

the department of legal support of foreign economic activity performs the analysis of the provided documents on compliance to the legislation;

the department of instruments of regulation of foreign economic activity performs consideration of documents regarding the fact that the goods used for development of production and ensuring consumption of species of fuel are not made and have no analogs in Ukraine, and prepares conclusion or reasonable refusal (in the form of the letter) in its issue.

8. If results of consideration of the filed documents do not give the chance to make reasoned decision concerning issue of conclusion, the Ministry can address to industry central executive bodies, Chamber of Commerce and Industry of Ukraine and other specialized (expert) agencies or the companies for receipt of information concerning production of goods or their analogs in Ukraine necessary for issue of conclusion. In that case the term of issue of conclusion specified in Procedure Item 6 is prolonged before receipt of information from the specified organizations or the companies, but no more than for 30 calendar days about what the Ministry in writing reports to the applicant.

9. Issue of conclusion it can be refused if:

documents are filed with violation of requirements of Item 3 presents of the Procedure;

by results of consideration it is determined that goods are made or have analogs in Ukraine;

provisions of the external economic agreement (contract) and appendices and specifications to it concerning number and date of this documents, the name of goods, its marking, quantitative and cost indicators, and also technical characteristics are not approved among themselves and/or with technical data sheet, other document of the plant - producer of goods;

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