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of August 29, 2012 No. 12/2-12.4/2788-EP

To heads of customs

Concerning terms of transit transportations

Due to the requests of customs authorities concerning establishment of terms of transit transportations we report the following.

Terms of transit transportations depending on modes of transport are established by provisions of Art. 95 of the Customs code of Ukraine (further - I WEAVE). At the same time, terms of transit transportations depend only on mode of transport and do not depend on availability or lack of goods which are transported by such transport, vehicle accessories to the individual and so forth.

In case of transportation of goods the term of transportation is established by road transport in the amount of 10 days. In case of movement of goods in zone of activities of one customs authority the term of transit transportation is established in the amount of 5 days.

Provisions of Art. 549 I WEAVE it is determined that the customs is customs authority which in zone of the activities provides accomplishment of the tasks assigned to Customs Service of Ukraine.

Provisions of Art. 547 I WEAVE it is determined that the customs post is customs authority which is part of customs as the isolated structural division and in zone of the activities provides accomplishment of the tasks assigned to Customs Service of Ukraine.

Taking into account it the customs post first of all is structural division of customs, and only after that separate customs authority. Respectively, during transportations of goods by road transport between structural divisions of one customs, including between customs posts, fixed term of transit transportations - 5 days.

Does not join in the terms specified in article 95 WEAVE:

1) time of action of the circumstances specified in Article 192 of this Code;

2) storage time of goods under customs control (on condition of informing the customs authority controlling their movement);

3) time necessary for implementation of other transactions with goods, in the cases provided by this Section (on condition of informing the customs authority controlling movement of these goods).

"Measures which are taken in case of accident or actions of force majeure circumstances during transportation of goods" MKU is determined by provisions of Art. 192 that if during transportation of goods the vehicle as a result of accident or action of force majeure circumstances could not arrive to customs authority of appointment, unloading of goods in other place is allowed. At the same time the carrier shall:

1) to take all necessary measures for ensuring safety of goods and non-admission of their any use;

2) it is urgent to inform the nearest customs authority on circumstances of event, the location of goods and the vehicle.

We pay your attention that prolongation of term of transit transportation is not provided by provisions WEAVE.


Deputy director of Department A. I. Serbaylo


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