ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

аот on May 31, 2012 No. 653

About approval of the Procedure for transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (the analysis, examination) the Central customs authority of laboratory researches and expert work of the State Customs Service of Ukraine

According to Article 357 of the Customs code of Ukraine of March 13, 2012 No. 4495-VІ and the subitem 64 of item 4 of the Regulations on the Ministry of Finance of Ukraine approved by the Presidential decree of Ukraine of April 08, 2011 No. 446, I ORDER:

1. Approve the Procedure for transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (the analysis, examination) the Central customs authority of laboratory researches and expert work of the State Customs Service of Ukraine which is applied.

2. To department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine (Chmeruk M. O.) and to the Central customs authority of laboratory researches and expert work of the State Customs Service of Ukraine (Yarmolsky S. I.) to provide in accordance with the established procedure:

submission of this order on state registration in the Ministry of Justice of Ukraine;

promulgation of this order.

4. This order becomes effective from the date of the introduction in action of the Customs code of Ukraine of March 13, 2012, but not earlier than day of official publication.

5. To impose control over the implementation of this order on the First Deputy Minister of Finance of Ukraine Myarkovsky A. I. and First Deputy Chairman of the State Customs Service of Ukraine of Dorokhovsky O. M.

Approved by the Order of the Ministry of Finance of Ukraine of May 31, 2012, No. 653

Procedure for transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (the analysis, examination) the Central customs authority of laboratory researches and expert work of the State Customs Service of Ukraine

1. This Procedure is developed according to Article 357 of the Customs code of Ukraine for the purpose of settlement of procedures of transfer, return and destruction (utilization) of tests (samples) of goods after carrying out research (the analysis, examination).

2. Action of this Procedure extends to tests (samples) of goods which were provided to the Central customs authority of laboratory researches and expert work of the State Customs Service of Ukraine (further - Management) for carrying out research (the analysis, examination).

3. Tests (samples) of goods as a result of which research in their structure drugs are revealed psychotropic substances, their analogs or precursors, strong or toxic agents, and also samples (samples) of goods taken in one copy right after carrying out their research (the analysis, examination) and provisions of the conclusion are transferred to customs authority which appointed such research (the analysis, examination), under the act which form is given in appendix 1 to this Procedure.

The act affirms the head of department or person authorized by it which is determined by the order of Management.

One copy of the act remains in cases of Management, the second is given to the official of customs authority.

4. Other control tests (samples) of goods, and also remaining balance of the researched tests and the researches damaged during (the analysis, examination) samples are stored in Management within 60 days from the date of their receipt in Management, and such which quickly spoil or have limited storage duration, - during the term of their storage.

5. Terms and storage conditions are determined by state standards, specifications, passport data of the producer of goods, information on marking and so forth.

6. In case of impossibility of carrying out research (the analysis, examination) the researched and control tests (samples) of goods can be transferred in Management to customs authority before the termination of term of their storage under the act which form is given in appendix 1 to this Procedure.

7. During the storage duration of tests (samples) of goods in Management the owner or person authorized by it can address in writing with the requirement concerning their return.

Tests (samples) of goods after the end of storage duration are subject to return to the owner or person authorized by it within 14 days. Tests (samples) return without customs providing.

At the same time the statement of return of tests (samples) of goods in duplicate which form is given in appendix 2 to this Procedure is drawn up.

The act affirms the head of department or person authorized by it which is determined by the order of Management.

One copy of the act remains in cases of Management, the second is given to the owner or person authorized by it.

8. Tests (samples) of goods which are not received by the owner or person authorized by him within 14 days after the end of storage duration are liable to destruction (utilization) during the next 14 days.

9. Tests (samples) of goods unclaimed by the owner or person authorized by him, after the end of storage duration are destroyed by Management or transferred to utilization to specialized agency based on the act of destruction (utilization) of tests (samples) of goods which form is given in appendix 3 to this Procedure.

10. For the purpose of ensuring control of procedures of destruction and preparation for utilization of tests (samples) of goods by specialized agency in Management the permanent commissions (further - the Commission) which structure affirms the order of Management are created.

11. The procedure of destruction and preparation for utilization of tests (samples) to goods is performed thus:

the statement of destruction (utilization) of tests (samples) of goods is drawn up by the responsible person who is determined by the order of Management then it is approved by the Commission and moves on approval to the head of department or person authorized by it in time, not exceeding 14 days after the end of storage duration of tests (samples) in Management;

after approval of the act of destruction (utilization) of tests (samples) of goods they are liable to destruction or utilization by specialized agency.

Before destruction and transfer to specialized agencies for utilization from tests (samples) of goods customs providing is removed.

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