ORDER OF THE MINISTRY OF FINANCE OF UKRAINE

of June 8, 2012 No. 692

About approval of the Procedure for giving and consideration of the applications, provision, stop of action, cancellation of permissions to opening and operation of duty-free shop and the application form on opening and operation of duty-free shop

According to Article 407 of the Customs code of Ukraine and for the purpose of ensuring opening and operation of duty-free shops I ORDER:

1. Approve enclosed:

Procedure for giving and consideration of the applications, provision, stop of action, cancellation of permissions to opening and operation of duty-free shop;

the application form on opening and operation of duty-free shop.

2. (Chmeruk M. O.) and to Department of the organization of customs control and registration of the State Customs Service of Ukraine (Syomk S. M.) in accordance with the established procedure to provide to department of tax, customs policy and methodology of financial accounting of the Ministry of Finance of Ukraine:

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

promulgation of this order.

3. This order comes into effect from day of the introduction in action of the Customs code of Ukraine of March 13, 2012, but not earlier than day of official publication.

4. 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 June 8, 2012, No. 692

Procedure for giving and consideration of the applications, provision, stop of action, cancellation of permissions to opening and operation of duty-free shop

1. This Procedure regulates representation and consideration of the application on opening and operation of duty-free shop (further - MBT), and also provision, stop of action and cancellation of permission to opening and operation of MBT.

2. In this Procedure terms are used in the value given in the Customs code of Ukraine.

3. For the purpose of receipt of permission to opening and operation of MBT to customs authority and body of protection of frontier in which zone of activities it is planned to open MBT by the company submits in paper and/or electronic form the application for opening and operation of MBT (further - the Statement) in the form approved by the order of the Ministry of Finance of Ukraine of June 08, 2012 No. 692 "About approval of the Procedure for giving and consideration of the applications, provision, stop of action, cancellation of permissions to opening and operation of duty-free shop and the application form on opening and operation of duty-free shop" registered in the Ministry of Justice of Ukraine on June 27, 2012 for No. 1080/21392.

4. Such documents are enclosed to the Application in paper and/or electronic form:

the extract from the Unified State Register of Legal Entities and physical persons - entrepreneurs and the copy of constituent documents;

the certificate of bank (banks) of current accounts of the applicant in national and/or foreign currency;

the plan of the check point through frontier of Ukraine with designation of the place where it is planned to open MBT, photofixing (fixing of environment, entrances, front and back facades of the building, rooms of different construct, functionality and technical condition, features of object, and also other significant characteristics of object);

copies of the documents confirming the property right or uses of the room in which opening and operation of MBT are planned;

the consent of the applicant to processing of its personal data according to the legislation of Ukraine;

plan of the room of MBT;

the certificate of body of the income and charges of absence at legal entities, physical persons - entrepreneurs of the tax arrears and charges in state and local budgets.

5. The statement is registered in day of its receipt and is considered by customs authority and body of protection of frontier within 5 working days after its registration. During consideration of the application reliability of the data specified in the documents filed by the applicant is checked. The customs authority also checks compliance of the room assumed for MBT to requirements of Articles 420 and 421 of the Customs code of Ukraine.

6. Motivated conclusions concerning opportunity or impossibility of opening of MBT together with the documents specified in Items 3 and 4 of this Procedure, give customs authority and body of protection of frontier respectively State fiscal to service of Ukraine and Administration of State frontier service of Ukraine. Conclusion of customs authority, in particular, shall contain complete data on MBT and the organization in it customs control over goods which move through customs border of Ukraine. Copies of documents are stored in customs authority and body of protection of frontier.

7. The documents submitted to the Public fiscal service and Administration of State frontier service of Ukraine are considered by the general working group created according to the order of the Public fiscal service of Ukraine and Administration of State frontier service of Ukraine. If documents meet the requirements established by the Customs code of Ukraine and the legislation of Ukraine concerning protection of frontier the order of the Public fiscal service of Ukraine and Administration of State frontier service of Ukraine within 15 working days after receipt of documents in the Public fiscal service of Ukraine to the applicant permission to opening and operation of MBT is provided (further - permission).

8. Based on the order of the Public fiscal service of Ukraine and Administration of State frontier service of Ukraine on provision of permission to opening and operation of MBT the company joins Gostamosluzhboy of Ukraine in the register of MBT. Maintaining the register of MBT is provided with the Public fiscal service of Ukraine. The authorized officer of the Public fiscal service of Ukraine enters the following information in the register of MBT:

registration number MBT;

code of customs which exercises control of MBT;

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