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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 9, 2015 No. 1029

About approval of the Procedure for verification (reliability check) of certificates and declarations on goods origin from Ukraine

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 17.03.2021 No. 212)

According to Article 47 of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for verification (reliability check) of certificates and declarations on goods origin from Ukraine which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

3. This resolution becomes effective in ten days from the date of its publication.

Prime Minister of Ukraine

A. Yatsenyuk

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 9, 2015 , No. 1029

Procedure for verification (reliability check) of certificates and declarations on goods origin from Ukraine

1. This Procedure determines the procedure of implementation by customs authorities of verification (reliability check) of the certificates of origin from Ukraine (further - certificates) issued to representatives on it by body (further - authorized body), and the declarations on goods origin from Ukraine which are drawn up by the manufacturing company and/or the exporter of goods (further - declarations).

2. In this Procedure terms are used in the value given in international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine (further - the international agreements), and in the Customs code of Ukraine.

3. Verification (reliability check) of certificates and declarations is performed by customs authorities based on request of customs authority of the country of commodity importation.

4. If in request of customs authority of the country of commodity importation not enough data for verification implementation (authenticity check) the Customs Service sends to such body the message on need of provision of the additional information.

5. Verification (reliability check) is performed at the request of Customs Service by customs in which zone of activities there is authorized body which issued the certificate or the manufacturing company and/or the exporter of goods which drew up the declaration. If the exporter is not producer of goods, the customs in which zone of activities production of goods is placed is involved in verification (authenticity check).

6. Verification (reliability check) is performed for the purpose of determination of authenticity (authenticity) of the certificate and the declaration and reliability of the data containing in them, way:

1) obtaining from authorized body of confirmation of issue of the certificate or from manufacturer and/or the exporter of goods - confirmation of execution of the declaration;

2) checks of compliance of information specified in the certificate or the declaration, information provided to customs by authorized body or the company - producer and/or the exporter of goods;

3) carrying out in case of need in accordance with the established procedure examinations of the form of the certificate, impress of a seal and signature of the corresponding official of authorized body.

7. Check of reliability of the data containing in the certificate or in the declaration is performed in the way:

1) conducting check of the goods specified in the certificate or the declaration compliance to the requirements established by international treaties;

2) determinations of criterion of sufficient conversion;

3) comparisons of information containing in the certificate or in the declaration with information specified in the external economic agreement (contract), business and transport documents.

8. In case of need customs carry out according to the procedure, established by the law, is direct at the companies check of production by them of goods and primary documentation connected with such production.

9. In case of identification of counterfeit (falsification) of the certificate or the declaration, unauthenticity of the data entered in the certificate or declarations, violations of the requirements established by international treaties, the customs reports to authorized body and the manufacturing company and/or the exporter of goods about the revealed violations.

10. The customs informs Customs Service on results of verification (authenticity check) in time, not exceeding 60 calendar days from the date of receipt request in it from Customs Service. The specified term can be prolonged according to the decision of the head of customs, but no more than for 15 calendar days.

11. The Customs Service reports to customs authority of the country of commodity importation from which the request arrived, about results of verification (authenticity check) in the shortest possible time, but no more than six months from the date of the direction of such request if other is not provided by international treaties.

12. The Customs Service reports to customs authority of the country of commodity importation about impossibility to establish reliability of certificates or declarations in case of availability of one of the following bases:

recognitions of the manufacturing company of goods by economic court by the bankrupt;

liquidations of the manufacturing company of goods according to the legislation of Ukraine;

removals of goods from production;

availability of other circumstances which do not give the chance to carry out verification (reliability check).

13. The authorized body, the manufacturing company and/or the exporter of goods keeps copies of certificates or declarations and other documents based on which the goods origin from Ukraine, at least three years from date of issue of the certificate or execution of the declaration is certified if other is not provided by international treaties.

14. Requests of customs authorities of the country of commodity importation and other materials on verification (authenticity check) of the certificate and declaration are stored in cases of customs within three years from the date of the direction of such request if other is not provided by international treaties.

15. Information specified in Article 37 of the Customs code of Ukraine which is provided to Customs Service, customs by authorized body, the producer and/or the exporter of goods in case of verification (authenticity check) has confidential nature and cannot be divulged without special permission of person or the government which provided such information, except cases, when necessary for ensuring consideration of the case in court.

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 9, 2015 , No. 1029

List of resolutions of the Cabinet of Ministers of Ukraine, invalid

1. The resolution of the Cabinet of Ministers of Ukraine of December 12, 2002 No. 1861 "About approval of the Procedure for verification of certificates of origin from Ukraine" (The Official Bulletin of Ukraine, 2002, No. 51, the Art. 2296).

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