RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 17, 2013 No. 284

Some questions of import to customs area of Ukraine of goods and delivery on customs area of Ukraine of goods and provision of services which are paid at the expense of grants (subgrants) of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine

According to Item 26 of subsection 2 of the Section XX "Transitional provisions" of the Tax code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for import to customs area of Ukraine in customs regime of commodity import (except excisable) which are paid at the expense of grants (subgrants) provided according to programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine which are carried out according to the Law of Ukraine "About accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine";

Procedure for delivery on customs area of Ukraine of goods (except excisable) and renderings of services which are paid at the expense of grants (subgrants) provided according to programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine which are carried out according to the Law of Ukraine "About accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine".

2. To the Ministry of Health, the Ministry of Finance, the Ministry of the income and charges, Public service concerning counteraction to HIV infection/AIDS and other socially dangerous diseases to bring own regulatory legal acts into accord with this resolution in a month.

3. This resolution becomes effective from the date of publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 17, 2013, No. 284

Procedure for import to customs area of Ukraine in customs regime of commodity import (except excisable) which are paid at the expense of grants (subgrants) provided according to programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine which are carried out according to the Law of Ukraine "About accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine"

1. This Procedure determines features of import to customs area of Ukraine in customs regime of commodity import (except excisable) which are paid at the expense of grants (subgrants) provided to the main recipients (subrecipients) according to programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine which are carried out according to the Law of Ukraine "About accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine" (further - goods).

2. Import to customs area of Ukraine in customs regime of commodity import is performed according to the procedure and on the conditions established by the Customs code of Ukraine, other legal acts and also according to the external economic contract (contract) between the main recipient (subrecipient) and the supplier of goods.

3. Import to customs area of Ukraine in customs regime of commodity import is performed by the main recipient (subrecipient), the receiver of the charitable help and other company, organization, the organization which has the right according to the legislation to perform transactions on import to customs area of Ukraine of goods (further - the company).

4. The company which plans import to customs area of Ukraine in customs regime of commodity import gives MZ not later than within 10 working days about day of import on the paper and electronic medium:

the statement for issue of the certificate of confirmation that goods are paid at the expense of grants (subgrants) provided according to programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine which are carried out according to the Law of Ukraine "About accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine" (further - the statement) for form according to appendix 1;

the copy of the external economic contract (contract) between the main recipient (subrecipient) and the supplier of goods certified in accordance with the established procedure according to whom commodity importation is planned;

the letter obligation on use of goods only for accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine.

5. MZ within five working days from the date of receipt of the documents specified in item 4 of this Procedure issues to the company the certificate of confirmation that goods are paid at the expense of grants (subgrants) provided according to programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine which are carried out according to the Law of Ukraine "About accomplishment of programs of Global fund for fight against AIDS, tuberculosis and malaria in Ukraine" (further - the reference), in form according to appendix 2 or directs reasonable refusal in writing.

6. The reference is drawn up in triplicate, signed by the authorized person of MZ and sealed by official. Two copies of the reference are issued to the company, one of which moves to customs authority in case of customs clearance of goods, the second - remains at the company. The third copy of the reference remains in MZ.

MZ keeps the magazine of issue of references.

7. The basis for refusal in issue of the reference are:

giving of incomplete document package by the company, 3 presents of the Procedure specified in Item;

identification in such documents of false information.

8. After elimination of the reasons which formed the basis for decision making about refusal in issue of the reference, the company can repeatedly submit the application to MZ.

9. In case of change of the data specified in the reference, the company files petition in MZ for issue of the new reference, at the same time earlier issued reference is subject to cancellation what MZ instantly informs customs authorities on.

In the statement it is noted that the company addresses in connection with change of data, and number and date of the reference which is subject to cancellation is specified.

10. The company represents the reference to the customs authority exercising customs control and customs clearance of goods.

11. Customs authorities based on the reference exercise customs control according to quantity and cost of goods, and also their customs clearance without payment of duty, the value added tax and payment for accomplishment of customs formalities by customs authorities out of the location of customs authorities or out of the working hours established for customs authorities.

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