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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 18, 2003 No. 63

About approval of the Procedure for customs clearance of military equipment, including military vehicles which cross customs border of Ukraine

(as amended on 22-04-2013)

According to part one of Article 252 of the Customs code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for customs clearance of military equipment, including military vehicles which cross customs border of Ukraine it (is applied).

2. This resolution becomes effective since January 1, 2004.

 

Prime Minister of Ukraine V. Yanukovych

Approved by the resolution of the Cabinet of Ministers of Ukraine of January 18, 2003, No. 63

Procedure for customs clearance of military equipment, including military vehicles which cross customs border of Ukraine

1. This Procedure determines features of customs clearance of military equipment, including fighting and military transport aircrafts, warships, support vessels of Naval forces both Ukraine, and foreign states which are fully completed by military team which cross customs border of Ukraine without the alienation right (further - military equipment).

2. In this Procedure terms are used in the following value:

military team - group of the servicemen of Ukraine or foreign state as a part of two and more persons who go to the destination with military property (including with weapon and ammunition) or without such property;

the central executive body - the Ministry of Defence or other central executive body to which sphere of management military equipment or which is the party accepting military equipment belongs;

the party which accepts military equipment, - the central executive body providing implementation of the organizational actions connected with arrival of military equipment of foreign states.

3. The customs clearance of military equipment of foreign states is performed in connection therewith Rather with observance of requirements of the Law of Ukraine "About procedure for the admission and conditions of stay of divisions of armed forces of other states in the territory of Ukraine".

4. The customs clearance of military equipment is performed in first-priority procedure.

5. For making of the actions connected with customs clearance of military equipment, the relevant central executive body authorizes person who acts on the basis of the order issued by this body (further - the authorized person).

The form of the order is given in appendix 1 to this Procedure.

Lists of officials who have the right to sign such orders are determined by the relevant central executive bodies and move to State Customs Service. Specimen signatures of such persons and their seals are provided in lists.

6. The customs clearance of military equipment of foreign states is performed by customs authority with the assistance of representatives of the Ministry of Defence. In case when implementation of actions for movement of such goods, belong to powers of other central executive body, - with the assistance of representatives of such central body.

The authorized person of the Ministry of Defence or the representative of other central executive body certify accuracy of the data which are brought in the customs declaration, by representation to the customs authority performing customs clearance, the written confirmation.

7. In case of movement through customs border of Ukraine of military equipment of Ukraine or foreign states the authorized person not later than in 3 days prior to customs clearance of this equipment submits to the relevant customs authority the written application about the place, time, the purpose of movement of military equipment and capture for itself obligations concerning implementation of its customs clearance according to the legislation.

8. The customs clearance of military equipment is performed on condition of receipt in State Customs Service from Goseksportkontrol of permissions and conclusions electronically using means of the digital signature and accounting of provisions of Item 7 of the Section XXI of Final and transitional provisions of the Customs code of Ukraine.

9. For customs clearance of military equipment the authorized person submits to customs authority the customs declaration completed in the procedure approved by the Ministry of Finance.

10. Personal belongings of members of military team (the necessities connected first of all with ensuring life activity of members of military teams which are their property and which are intended only for private use, but cannot be alienable or transferred to other members of military team) are subject to customs clearance in general procedure.

11. The customs clearance of military equipment which crosses customs border of Ukraine for the purpose of implementation of actions of operational and tactical nature (military exercises, the international peace support operations and safety, anti-terrorist operations, convoy of ocean ships, participation in mitigation of consequences of emergency situations, representation of the military and humanitarian assistance, etc.) is performed without representation of permission or Goseksportkontrol's conclusion if such movement happens within international treaties which provide the mechanism of implementation of the state control of movement of goods.

The list of military equipment which crosses frontier of Ukraine within international treaties which provide the mechanism of implementation of the state control of movement of goods, agrees with Goseksportkontrol and affirms the head (his deputy) of the central executive body to which sphere of management such military equipment belongs or which is the party which accepts it.

The form of the list is given in appendix 2 to this Procedure.

12. Military equipment of foreign states which crosses customs border of Ukraine for the purpose of provision to Ukraine or at its request of the help in mitigation of consequences of emergency situations is subject to customs clearance in the simplified procedure which conditions of application are determined by the Cabinet of Ministers of Ukraine.

13. No. 453 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 21.05.2012

14. Taxes and fees during customs clearance of military equipment are levied according to the procedure, determined by the legislation.

Appendix 1

to the Procedure

                             Образец
__________________________________________________________________
(название центрального органа исполнительной власти,
__________________________________________________________________
выдавшего поручение)
                             ПОРУЧЕНИЕ N
на участие в таможенном оформлении
военной техники, в том

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