ORDER OF THE STATE CUSTOMS SERVICE OF UKRAINE

of September 17, 2004 No. 678

About approval of the Instruction about the organization of customs control and customs clearance of courts and goods which move them

I ORDER:

1. Approve the Instruction about the organization of customs control and customs clearance of courts and goods which move them (further - the Instruction) that is applied.

2. Consider invalid the order of the State Customs Service of Ukraine of 23.01.2001 No. 26 "About approval of the Procedure of customs control over movement through customs border of Ukraine of goods and other objects with use of sea, river and ferry modes of transport", registered in the Ministry of Justice of Ukraine 07.02.2001 for No. 119/5310.

3. To department of the organization of customs control (Serbaylo A. I.) and to Legal support department (Stupak Yu. V.) provide provision of this order on state registration in the Ministry of Justice of Ukraine.

4. Determine that this order becomes effective in 10 days after its state registration in the Ministry of Justice of Ukraine, but not earlier than day of its official publication.

5. To impose control of execution of this order on the First Deputy Chairman of Service Ivanyuk M. M.

Approved by the Order of the State Customs Service of Ukraine on September 17, 2004 No. 678

The instruction about the organization of customs control and customs clearance of courts and goods which move them

1. General provisions

1.1. This Instruction is developed for the purpose of determination of the sequence of actions of officials of customs authorities during implementation of customs control and customs clearance of courts and goods which move them through customs border of Ukraine.

1.2. Terms are used in this Instruction in such value:

the statement notice - the document which is constituted in case of identification of any disagreements in case of acceptance by port (receiver) of goods from the vessel is signed by representatives of port (receiver), customs authority, the authorized representative of administration of the vessel;

the declaration on load - the document containing data on the goods which are on the vessel;

the general act - the document determining the number of places and weight of the goods transferred by the vessel and accepted by port (receiver);

the tallyman's receipt - source accounting document in which data on quantity of the goods unloaded from the vessel and accepted by port (receiver) are displayed.

1.3. Vessels and goods which move them through customs border of Ukraine are subject to customs control and customs clearance.

Customs authorities interact with public authorities which perform sanitary and epidemiologic, veterinary, phytosanitary, radiological, environmental control and control of movement of cultural values, according to the procedure, established by the legislation of Ukraine. The customs clearance of goods which move through customs border of Ukraine comes to the end only after implementation of control types, established the legislation of Ukraine necessary for these goods.

1.4. At check points through frontier of Ukraine in sea (river) ports, and also in water areas of the ports open for international carriages, customs authorities in coordination with bodies of protection of frontier establish permanent or temporary customs control zones. In courts customs authorities establish temporary customs control zones. The mode of temporary customs control zones is carried to permission of persons which are directly present during customs control and customs clearance. Ensuring protection of customs control zones will be assigned to divisions of customs guards.

1.5. Control of courts in case of their movement through customs border of Ukraine is exercised by the commission which consists of representatives of body of protection of frontier, customs authority, agency organization (marine agent) and port administration, and in stipulated by the legislation cases - other regulatory authorities. Management of the commission (coordination of work of the commission in case of application to the vessel of free practice) is performed by the senior of the job specification of body of protection of frontier.

In case of control of liquid cargo carriers of the commission representatives of the state fire protection can be included.

With the permission of customs authority and body of protection of frontier of the commission representatives of other bodies, organizations and organizations in case of need are included.

Persons to whom visit of the vessel in working hours of the commission (is authorized during implementation of cargo operations without participation of the commission onboard the vessel in case of application to the vessel of free practice) can stay on it only in the borders necessary for accomplishment of the direct obligations. Such persons shall not have in case of themselves objects, export or import of which to customs area of Ukraine is prohibited or limited by the legislation, except those which are used by them for accomplishment of the service duties. Objects of these persons are declared by them orally or in writing upon the demand of the official of customs authority. According to the decision of the official of customs authority the selective customs control of the moved objects using technical means of customs control can be exercised.

The beginning of cargo operations without participation of the commission onboard the vessel on the decision of representatives to exercise the corresponding control of state bodies which is accepted based on the data received before arrival of the vessel is allowed for the container ships and vessels transporting liquid cargoes during their parking in port. In case of lack of objections from state bodies, authorized to exercise control on frontier, free practice can be applied to other types of vessel.

The beginning of free practice is time of statement of the vessel to the port mooring for control and execution of the omission declared in the request with the message on application of the free practice provided according to Item 1.12 of Chapter 1 of this Instruction.

1.6. Customs control over movement of the courts and goods which are on them is performed at the check points through frontier of Ukraine determined by the Cabinet of Ministers of Ukraine.

Customs control of courts and goods which move them through customs border of Ukraine is performed by customs authority, as a rule, at moorings, in water areas of ports or on site the anchor parking on raid.

Customs control in water areas of ports and on site the anchor parking on raid is performed in coordination with body of protection of frontier.

1.7. The parking lot of the vessel during customs control and customs clearance, unloading or loading, and also landing and disembarkation of passengers is determined by port administration in coordination with customs authority and body of protection of frontier. Change of such parking lot of the vessel is carried out with the consent of customs authority and body of protection of frontier, except as specified accident and natural disaster, at the same time the port administration immediately reports about it to customs authority.

1.8. If the vessel owing to accident, the natural disaster or other circumstances having nature of the force majeure which is not able to reach one of places of implementation of customs control on customs area of Ukraine unloading of goods from it is allowed in places where there are no customs authorities. In such cases the ship master shall take all necessary measures for ensuring storage of these goods and presentation to their nearest customs authority.

1.9. Vessels of foreign swimming during the whole time of the parking are in port under customs control.

Vessels of cabotage swimming stay under customs control during the whole time of cabotage. Customs control of the vessel of cabotage swimming which floats under National Flag of Ukraine comes to an end after completion of cabotage transportation by it and in case of lack on it of goods and vehicles which are under customs control, and/or ship rooms or other specially equipped places with the imposed customs providing.

During stay of the vessel under customs control the mooring to it any watercrafts is performed in the presence of permission of customs authority and body of protection of frontier.

1.10. Customs control and customs clearance of the vessel which arrives to customs area of Ukraine or is disposed out of its limits are performed, as a rule, on its board. Inspection of the vessel by regulatory authorities is performed after approval of body of protection of frontier and customs authority. Customs control and customs clearance of goods which move members of crews of these courts can directly be performed onboard the vessel.

Customs control and customs clearance of foreign vessels can documentary be performed on condition of their permanent stay under control of customs authority in customs control zones at check points through frontier of Ukraine. Customs control and customs clearance of goods which move members of crews and passengers of these courts are performed at board of the vessel or in other place within the customs control zone determined by port administration and approved with customs authority and body of protection of frontier.

If the weight of evidence suggests that the vessel moves through customs border with violation of regulations of the Customs code of Ukraine and other legal acts concerning customs affairs, then its customs examination is performed surely.

1.11. Customs control and customs clearance of courts are performed round the clock according to the procedure of their arrival (disposal).

Customs control and customs clearance of passenger ships are performed vneocheredno according to the schedule of their movement beforehand approved with customs authority and body of protection of frontier.

Customs control and customs clearance of warships are performed in first-priority procedure.

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