of December 12, 2002 No. 1861
About approval of the Procedure for verification of certificates of origin from Ukraine
According to Article 47 of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:
1. Approve the Procedure for verification of certificates of origin from Ukraine it (is applied).
2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of July 30, 1996 N 846 "About verification of certificates of origin from Ukraine" (the joint venture of Ukraine, 1996, N 15, the Art. 415).
Prime Minister of Ukraine
Approved by the resolution of the Cabinet of Ministers of Ukraine of December 12, 2002, No. 1861
1. This Procedure determines the procedure of implementation by customs authorities of verification (reliability establishment) of the certificates of origin from Ukraine (further - certificates) issued to representatives on it by body (further - the body is authorized).
2. In this Procedure for concept are used in the same value, as in the Customs code of Ukraine.
3. Verification of certificates is performed by customs authorities in case of doubts concerning reliability of the provided certificates or data which contain in them, and also on the requests of other state bodies of Ukraine, customs and other authorized bodies of foreign states sent in accordance with the established procedure during the term which does not exceed six months from the date of receipt of request.
4. In case of need in verification of certificates customs authorities can recruit in accordance with the established procedure specialists and experts of other companies, organizations and the organizations.
5. Verification of certificates is performed in the form of verification of the certificate on authenticity (reality) and checks of reliability of data which contain in it.
6. Verification of the certificate on authenticity (reality) is performed in the way:
1) receipts of confirmation of issue of this certificate by authorized body;
2) verifications of data of the certificate on information submitted authorized body;
3) carrying out in case of need in accordance with the established procedure examinations of the form of the certificate, print of seal and signature of the corresponding official of authorized body.
7. Check of reliability of data which contain in the certificate is performed in the way:
1) establishments of compliance of the goods of criterion of sufficient conversion and other data noted in the certificate which contain in the certificate;
2) comparison of goods (or its photocopies) on which the certificate, with identical was issued.
8. Customs authorities for implementation of verification of certificates have the right according to the legislation:
To receive 1) from authorized body and the companies of producers of goods necessary information, samples of goods, and also to perform directly at the companies of production by them of goods and primary documentation connected with such production;
2) to check validity of documents, served the applicant for receipt of the certificate.
9. If in request of state bodies of Ukraine, customs and other authorized bodies of foreign states there are not enough data for implementation of verification of the certificate, the State Customs Service sends to such body of the message on need of provision of the additional information.
10. Verification of certificates is performed by customs authority in which zone of activities there is authorized body which issued the certificate or the producer (exporter) of goods. The customs authority informs State Customs Service on results of verification of certificates.
11. The State Customs Service reports body from which the request, about results of verification of certificates arrived.
12. In case of detection of unauthenticity of the data entered in the certificate, the State Customs Service submits to the relevant authorized body the proposal on cancellation of the certificate.
13. The State Customs Service sends to the relevant state bodies of Ukraine, customs and other authorized bodies of foreign states the message on impossibility to establish reliability of certificates in case:
recognition of the company by economic court - producer of goods the bankrupt;
liquidations of the company - producer of goods;
removal of goods from production.
14. In case of identification by customs authorities of violation of requirements for execution of the certificate the State Customs Service informs authorized body on such facts.
15. Based on the analysis of requests of state bodies of Ukraine, customs and other authorized bodies of foreign states customs authorities can perform selective verification of certificates which were issued on the goods similar noted in these requests.
16. Requests of state bodies of Ukraine, customs and other authorized bodies of foreign states and other materials concerning verification of the certificate are stored in cases of customs authorities within three years from approval date of the act.
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