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Information on imposition (revocation, alteration of type or suspension) of special sanctions envisaged in Article 37 of the Law of Ukraine "On foreign economic activities" in regard to Ukrainian business entities of foreign economic activities and foreign business entities

 
Information on imposition (revocation, alteration of type or suspension) of special sanctions envisaged in Article 37 of the Law of Ukraine "On foreign economic activities" in regard to Ukrainian business entities of foreign economic activities and foreign business entities

Information on imposition (revocation, alteration of type or suspension) of special sanctions envisaged in Article 37 of the Law of Ukraine “On foreign economic activities” in regard to Ukrainian business entities of foreign economic activities and foreign business entities is provided on the INTERNET, in the WEB-page of National Research and Information Center for Monitoring International Commodity Markets within the following context:

  • Country (for foreign business entities) or region, AR of Crimea, Kiev, Sevastopol/ (for Ukrainian business entities of foreign economic activities),
  • Business entity,
  • Address of business entity,
  • Identification code of business entity (for Ukrainian business entities of foreign economic activities) in compliance with the Unified state register of enterprises and organizations of Ukraine (ªÄÐÏÎÓ code),
  • Number of MFERT Order that validated special sanction,
  • Date of MFERT Order that validated special sanction,
  • The date special sanction came in force,
  • Type of special sanction:
  • ² – individual licensing regime;
  • Ç – temporary suspension of foreign economic activities,
  • ϲ –notification on the possibility to automatically impose individual licensing regime in future,
  • Number of MFERT Order that invalidated special sanction,
  • Date of MFERT Order that invalidated special sanction.

Information on Ukrainian business entities of foreign economic activities and foreign business entities is provided by regions and countries. Search of required information is possible through direct scanning of business entities of the respective region (country), using search function activated when pressing [Ctrl] + [F].


Besides, to search certain Ukrainian business entity of foreign economic activity, one should take into account region of its geographical location and ªÄÐÏÎÓ code), and to search certain foreign business entity – its country and name (original or in Ukrainian language in accordance with transcription).

 According to Article 37 of Law of Ukraine “On foreign economic activities”, the Ministry for Foreign Economic Relations and Trade of Ukraine (hereinafter - MFERT), special sanctions – individual licensing regime or temporary suspension of foreign economic activities - are imposed by the MFERT of Ukraine in regard to business entities of foreign economic activities, in accordance with the decision of judicial authorities of Ukraine or on the basis of claim filed by the state taxation and supervising authorities, customs, law-enforcement authorities, Commission on the issues of returning to Ukraine currency values, which were illegally retained outside Ukraine, and by the National Bank of Ukraine.

Sanctions are imposed by the MFERT of Ukraine in regard to business entities of foreign economic activities that violated the Law of Ukraine "On foreign economic activities" and related laws of Ukraine, specifically, in case if business entities of foreign economic activities violated currency, customs, tax, and other legislation, related to foreign economic activities, and in case if these entities undertake actions that can cause damage to the interests of the national economic safety.

Procedure for imposition (revocation) special sanctions is spelled in the Regulation on the procedure for imposition in regard to Ukrainian business entities of foreign economic activities and foreign business entities special sanctions envisaged in Article 37 of the Law of Ukraine “On foreign economic activities” approved by the MFERT Order No 754 of October 5 1999, registered with the Ministry of Justice as of October 21 1999, No 718/4011.

In case of imposing individual licensing regime in regard to Ukrainian business entity of foreign economic activity, the latter can apply to the MFERT or its authorized body for issuing single (individual) license. Procedure for issuing single (individual) license is spelled in the Regulation on the procedure for issuing single (individual) licenses, approved by the Order of the MFERT of Ukraine No 248 of April 28 1998, registered with the Ministry of Justice of Ukraine as of April 28 1998, No 274/2714.


Information is provided by the Chief Directorate for Export Control of the MFERT of Ukraine
Tel.: +38 (044) 212-53-68
e-mail:
kurilov@web-mail.mfert.gov.ua


On approving Regulation on the procedure of imposing special sanctions in regard to business entities of foreign economic activities of Ukraine and foreign business entities envisaged in Article 37 of the Law of Ukraine “On foreign economic activities”

Order of the Ministry for Foreign Economic Relations and Trade of Ukraine No 754 of October 5 1999

Registered with the Ministry of Justice of Ukraine as of October 21 1999, No 718/4011

In pursuance of approving the Law of Ukraine of December 22 1998 No 335-XIV "On making changes to the Law of the Ukrainian Soviet Socialist Republic "On foreign economic activities", with aim of maturing the procedure of imposing and revoking special sanctions envisaged in Article 37 of the Law of Ukraine "On foreign economic activities", I ORDER:

1. To approve Regulation on the procedure of imposing special sanctions in regard to business entities of foreign economic activities of Ukraine and foreign business entities envisaged in Article 37 of the Law “On foreign economic activities”. Aforementioned Regulation is attached.

2. To invalidate Orders of the MFERT of Ukraine No 103 of May 6 1995 "On approving Regulation on the procedure of imposing special sanctions in regard to business entities of foreign economic activities – temporary suspension of foreign economic activities and imposing of individual licensing regime for offending effective legislation of Ukraine in the field of foreign economic activities and currency regulation" (changed and amended by the MFERT Orders No 348-à of June 23 1996, No 410 of July 23 1996, No 197 of March 31 1997, and No 248 of April 28 1998), No 467 of July 27 1996 "On peculiarities of sealing particular agreements by business entities of foreign economic activities in pursuance of imposing special sanctions envisaged in Article 37 of the Law of Ukraine "On foreign economic activities" and No 853 of December 29 1998 "On strengthening control over foreign economic activities carried out by business entities that offended terms of settlements under export/import operations envisaged in the Law of Ukraine "On the procedure of making settlements in foreign currency".

3. Legal Support Directorate (Andrey Servinskiy) to ensure registration of this Order with the Ministry of Justice of Ukraine within the term established by law.

4. Current Affairs Management Directorate (Vladimir Drobny) to ensure publication of this Order in “Uryadovy Kurjer” Newspaper after state registration with the Ministry of Justice of Ukraine and give notice of this Order to the Council of Ministers of the Autonomous Republic of Crimea, and Regional, and Kiyv and Sevastopol city state administrations.

5. To assign Deputy Minister Vasiliy Oleynik to ensure control over executing this Order.

 

Minister 

Andrey Goncharuk 

 

APPROVED

by the Order of the Ministry for Foreign Economic Relations and Trade of Ukraine

No 754 of October 5 1999

Registered with the Ministry of Justice of Ukraine

on October 21 1999, No 718/4011 

 


Regulation on the procedure for imposition of special sanctions in regard to business entities of foreign economic activities of Ukraine and foreign business entities envisaged in Article 37 of the Law of Ukraine “On foreign economic activities”

Regulation on the procedure for imposition of special sanctions in regard to business entities of foreign economic activities of Ukraine and foreign business entities envisaged in Article 37 of the Law of Ukraine “On foreign economic activities” (hereinafter - Regulation) spells the procedure to impose (revoke, alter the type or suspend) special sanctions (hereinafter – sanctions) by the Ministry for Foreign Economic Relations and Trade of Ukraine. These sanctions are envisaged in Article 37 of the Law of Ukraine "On foreign economic activities" in regard to business entities of foreign economic activities of Ukraine and foreign business entities. As well, this Regulation provides for the measures to control adhesion to special sanctions.

Effect of this Regulation concerns all the business entities of foreign economic activities irregardless their ownership type or registration office.

1. General provisions

1.1. Special sanctions – individual licensing regime or temporary suspension of foreign economic activities - are imposed by the MFERT of Ukraine in regard to business entities of foreign economic activities, in accordance with the decision of judicial authorities of Ukraine or on the basis of claim filed by the state taxation and supervising authorities, customs, law-enforcement authorities, Commission on the issues of returning to Ukraine currency values, which were illegally retained outside Ukraine, and by the National Bank of Ukraine.

1.2. Sanctions are imposed by the MFERT of Ukraine in regard to business entities of foreign economic activities that violated the Law of Ukraine "On foreign economic activities" and related laws of Ukraine, specifically, in case if business entities of foreign economic activities violated currency, customs, tax, and other legislation, related to foreign economic activities, and in case if these entities undertake actions that can cause damage to the interests of the national economic safety.

1.3. Sanctions are imposed for the term until business entities of foreign economic activities introduce comprehensive measures to liquidate violation of the effective legislation in the field of foreign economic relations and bring their foreign economic activities in compliance with norms of effective legal and normative acts of Ukraine.

1.4. Ukrainian business entities of foreign economic activities subject to special sanctions – individual licensing regime or temporary suspension of foreign economic activities - do not have the right to sign any power of attorney; commission or agent agreements; agreements on joint activities and cooperation; consignment, dealer, distributor, leasing, hiring, safe custody and other agreements, which foresee carrying out foreign economic operations by other persons or in favor of other persons upon charge, or transference of property for temporary usage with aim of conducting foreign economic activities.

1.5. Ukrainian business entities of foreign economic activities do not have the right to sign with foreign business entities, which are subject to special sanctions – individual licensing regime or temporary suspension of foreign economic activities – any power of attorney; commission or agent agreements; agreements on joint activities and cooperation; consignment, dealer, distributor, lease, hiring, leasing, storage and other agreements, which foresee carrying out of foreign economic operations by other persons or in favor of other persons upon charge, or transferrance of property for temporary usage with aim of conducting foreign economic activities in Ukraine, or with commodities of Ukrainian origin.

1.6. Effect of special sanctions – temporary suspension of foreign economic activities or individual licensing regime – imposed in regard to business entities of foreign trade activities applies to all the types of foreign economic activities listed in Article 4 of the Law of Ukraine "On foreign economic activities", carried out by the Ukrainian business entities of foreign economic activities and foreign business entities.

1.7. Single foreign trade operation is a set of actions of the Ukrainian business entity of foreign economic activities and foreign business entity, which can be applied to any type of foreign economic activity listed in Article 4 of the Law of Ukraine "On foreign economic activities", and is a completed single transferrance of the commodities (services, works) and completed settlements (monetary, commodity and others) for this single transferrance of commodities (works, services).

2. Individual licensing regime

2.1. Individual licensing regime for foreign economic activities of Ukrainian and foreign business entities foresee introduction by the MFERT of Ukraine of an individual licensing for every foreign economic operation of certain type of foreign economic activities from those listed in Article 4 of the Law of Ukraine "On foreign econoic activities".

2.2. To make control over foreign economic activities of foreign business entities, which made infringement in this field, a single (individual) license is granted by the MFERT of Ukraine or its authorized bodies. Single (individual) license empowers to carry out foreign economic operations by business entities of foreign economic activities, which are subject to sanctions. Single (individual) license should be processed in accordance with requirements of Regulation on the procedure for issuing single (individual) licenses, approved by the Order of the MFERT of Ukraine No 248 of April 28 1998 and registered with the Ministry of Justice of Ukraine on April 28, 1998, No 275/2715, changed and amended.

3. Temporary suspension of foreign economic activities

3.1. Temporary suspension of foreign economic activities in regard to Ukrainian business entities of foreign economic activities and foreign business entities is considered as striking off the right to carry out any foreign economic activities envisaged in Article 4 of the Law of Ukraine "On foreign economic activities", except for:

completion of settlements for foreign economic operations, in case Ukrainian business entities of foreign economic activities or foreign business entities transferred fees before the sanction was imposed;

completion of settlements for foreign economic operations for products destined outside Ukraine by the Ukrainian business entities of foreign economic activities or imported in Ukraine by foreign business entities before this sanction was imposed.

To complete such operations, Ukrainian business entities of foreign economic activities are to get a single (individual) license issued by the MFERT of Ukraine through the procedure established by law.

3.2. The sanction of temporary suspension of foreign economic activities can be imposed by the MFERT of Ukraine in regard to business entities of foreign economic activities, in case these take the following actions in the field of foreign trade:

those capable of causing damage to the interests of the national economic safety;

those resulting in offencing Ukraine’s international obligations;

in case if within a year term after imposition of an individual licensing regime there were no taken measures to bring its activities in conformity with the requirements of the effective legislation in the field of foreign economic relations.

 

4. Procedure to impose (revoke, alter or suspend revocation) special sanctions by the MFERT of Ukraine

4.1. Processing of applications for imposition (revocation, alteration or suspension) of sanctions in regard to business entities of foreign economic activities submitted by the bodies of taxation and supervisory services, customs, law-enforcement bodies, commissions on the issues of returning to Ukraine currency values, which were illegally retained outside Ukraine, and the National Bank of Ukraine was assigned to the Chief Directorate for Export Control and Legal Support Directorate.

4.2. Applications for imposition of special sanctions in regard to business entities of foreign economic activities – individual regime of licensing of foreign economic activities or temporary suspension of foreign economic activities - are to contain the following data:

full requisits of business entities of foreign economic activities;

supporting documentation reflecting certain offence of the effective legislation of Ukraine by business entity of foreign economic activities of Ukraine or foreign business entity in regard to the Law of Ukraine "On foreign economic activities";

proposals as to sanctions recommended for imposition.

Should submitted applications be incomplete, the MFERT of Ukraine can make an inquiry to the initiator of application or to the other bodies of state regulation and currency control, legal entities in regard to rectifying information on business entities of foreign economic activities.

4.3. Responsibility on authenticity of the information specified in applications in regard to imposition (revocation, alteration or suspension) of sanction, which are the grounds for issuing respective orders by the MFERT of Ukraine is beared by the initiator of application through the procedure established by the effective legislation of Ukraine.

4.4. Should the Ministry have additional paperwork (information) available on business entities of foreign economic activities, in regard to which it is advisable to impose (revoke, alter or suspend) sanctions, these data are added to materials as to imposition (revocation, alteration or suspension) of sanctions and considered along with the application while taking the final decision.

4.5. To expand survey of business entities of foreign economic activities, the Chief Directorate for Export Control can attract specialists and use materials of other departments with the Ministry, the Council of Ministers of the AR of Crimea, and Regional, Kiev and Sevastopol municipal state administrations.

4.6. After all the documents (information) are processed, the Chief Directorate for Export Control works out draft-order and submits it to the Ministry through the procedure established by law.

4.7. Imposition of sanctions in regard to business entities of foreign economic activities can be forwarded by the official notice of the MFERT of Ukraine on the potential imposition of sanctions.

4.8. The Ministry for Foreign Economic Relations and Trade of Ukraine issues the order on imposition of sanctions envisaged in Article 37 of the Law of Ukraine "On foreign economic activities”, which spells requisits of business entities subject to certain sanctions, along with the type of sanction, and the period sanction comes into force within.

Respective orders of the MFERT of Ukraine are issued in case of revocation, alteration, or suspension of sanctions imposed in regard to business entities of foreign economic activities.

4.9. Order of the MFERT of Ukraine in regard to imposition (revocation, alteration or suspension) of sanctions within the 30-day term is forwarded to:

the body, which sumbitted the application;

the State Taxation Administration of Ukraine;

the State Customs Committee of Ukraine;

the National Bank of Ukraine;

respective departments of the Council of Ministers of the AR of Crimea, and Regional, Kiev and Sevastopol city state administrations, where Ukrainian business entity of foreign economic activity was registered, and to Ukrainian business entities of foreign economic activities.

4.10. Information in regard to imposition (revocation, alteration or suspension) of sanction in regard to Ukrainian business entities of foreign economic activities and foreign business entities is forwarded to National Research and Information Center for Monitoring International Commodity Markets. The latter places these data on the Internet, in its WEB-page. As well, these data are published in mass media, with aim of informing business entities of foreign economic activities.

4.11. Chief Directorate for Export Control of the Ministry for Foreign Economic Relations and Trade of Ukraine ensures functioning of data base on imposition (revocation, alteration or suspension) of sanctions in regard to business entities of foreign economic activities.

4.12. Business entities of foreign economic activities, which are subject to sanctions, are entitled to submit to the MFERT of Ukraine documentation acknowledging taken measures to bring their foreign economic activities in compliance with norms of the effective legislation, and address to the Ministry of Foreign Economic Relations and Trade of Ukraine petition on revocation (alteration, suspension) of sanction’s validity. The general term to consider specified petitions and issue replies to business entities of foreign economic activities on decision taken by the MFERT of Ukraine shall not exceed the terms established by the effective legislation of Ukraine.

4.13. In case of applying to the MFERT of Ukraine with petitions on revocation (alteration, suspension) special sanction, business entity of foreign economic activity has to submit to the Ministry the following documents:

à) the letter-application spelling the reasons that initiated offence and taken measures that brought its activities in compliance with norms of the effective legislation of Ukraine;

á) Original materials (certificates) from the bodies of state control, which execute control over foreign economic activities or currency control, which certify actual measures taken by business entity of foreign economic activities to bring its activities in compliance with the effective legislation of Ukraine.

If necessary, the MFERT of Ukraine can address the local bodies, which execute control over foreign economic activities, bank institutions with enquiries as to getting of additional materials (information) on activities of business entities of foreign economic activities, which addressed the MFERT of Ukraine with petition on revocation (alteration, suspension) of sanction.

The MFERT of Ukraine may apply for business entities of foreign economic activities with aim of obtaining materials and information in regard to conducted foreign economic operations.

4.14. Special sanctions can be invalidated, in case business entity of foreign economic activity takes actual measures to bring its foreign economic activities in compliance with norms of the effective legislation of Ukraine.

4.15. In certain cases (arising of Force Majeure, pleading to arbitrator or usual jurisdiction of the country of counter-agent, or to the Court (Arbitrage) of Ukraine on acknowledgement or alienation from foreign business entity indebtedness related to failure to fulfil contractual obligations, validity of special sanctions can be suspended for the term until Force Majeure expires or during consideration of case when submitting respective documents.

4.16. Business entities of foreign economic activities bear full responsibility for authenticity of the information submitted to the Ministry for Foreign Economic Relations and Trade of Ukraine.

 

Deputy Head of Chief Directorate for Export Control

I. Veremiy

 

APPROVED

by the Order of the MFERT of Ukraine

No 248 of April 28 1998

Registered with the Ministry of Justice of Ukraine April 28 1998, No 275/2715

 

Changed and amended according to the Orders of the Ministry for Foreign Economic

Relations and Trade of Ukraine

No 420 of July 10 1998,

No 664 of October 9 1998,

No 868 of December 30 1998,

No 838 of December 22 1998,

No 869 of December 30 1998,

No 58 of February 3 1999,

No 413 of June 10 1999,

No 557 of July 28 1999

Regulation on the procedure for issuing single (individual) licenses

1. General provisions

1.1. This Regulation spells the unified procedure to issue single (individual) licenses to business entities of foreign economic activities in case of imposition in regard to these or to foreign business entities special sanction – individual licensing regime - envisaged in Article 37 of Law of the Ukrainian Soviet Socialist Republic “On foreign economic activities".

1.2. Effect of the Regulation is binding for all the business entities of foreign economic activities subject to individual licensing regime, regardless of their ownership type and place of registration. If the International Treaty of Ukraine spells other rules from those envisaged in this Regulation, the rules of international treaty shall be applied.

2. The procedure to issue single (individual) licenses

2.1. Issuing single (individual) license (hereinafter - license) to business entities of foreign economic activities is assigned at Contract and Non-tariff Regulation Directorate of the Ministry for Foreign Economic Relations and Trade of Ukraine and bodies authorized by the Ministry in accordance with Form attached in Appendix 1.

(First paragraph of Clause 2.1, as changed by

the Orders of the MFERT of Ukraine

No 420 of July 10 1998,

No 869 of December 30 1998,

No 557 of July 28 1999)

Licenses shall be issued in compliance with the procedure envisaged in Article 16 of the Law of Ukraine "On foreign economic activities" and this Regulation.

2.1.1. The Ministry for Foreign Economic Relations and Trade of Ukraine refers the right to process and issue licenses to the bodies authorized by the Ministry under the following criteria:

à) conducting by business entities of foreign economic activities of Ukraine export-import (barter) operations with a full value not exceeding the sum equivalent to USD 40 ths.;

á) conducting by business entities of foreign economic activities of Ukraine export-import (barter) operations with a full value not exceeding the sum equivalent to USD 250 ths. in case of supplies with advance payment – in export transactions, and in case of advance supplies – in import transactions.

(paragraph "á" of Sub-clause 2.1.1, as changed by the

Order of the MFERT of Ukraine No 868 of December 30 1998)

(efficiency of previous amendment of paragraph "á" of Sub-clause 2.1.1

renewed, due to invalidated Order

of the MFERT of Ukraine No 868 of December 30 1998 according to

the Order of the MFERT of Ukraine No 58 of February 03 1999)

2.1.2. Prerogative right of the Ministry for Foreign Economic Relations and Trade in regard to processing and issuing licenses is defined by the following criteria:

à) conducting by business entities of foreign economic activities of Ukraine operations with foreign business entities, which are subject to special sanctions;

á) conducting by business entities of foreign economic activities of Ukraine operations with liquid commodities (the list of liquid commodities is approved by the MFERT in separate order);

â) conducting by business entities of foreign economic activities of Ukraine all the types of foreign economic activities spelled in Article 4 of the Law of the Ukrainian Soviet Socialist Republic "On foreign economic activities", except for the types specified in the second and in the tenth paragraphs of this Article;

ã) paragraph "ã" of Sub-clause 2.1.1 invalidated.

(Sub-Clause 2.1.2, as extended with "ã" according to

the Order of the MFERT of Ukraine No 868 of December 30 1998)

(paragraph "ã" of Sub-Clause 2.1.1 lost effect,

due to invalidation of the Order of the MFERT of Ukraine

No 868 of December 30 1998

according to the Order of the MFERT

of Ukraine No 58 of February 03 1999)

2.2. To get the license, the following documents should be submitted:

2.2.1. The Letter-application for processing the license (in free form, certified with the signature of Head of business entity of foreign economic activities on the official form.

2.2.2. Application for license in compliance with the Form attached in Appendix 2.

2.2.3. Copies of the Contract, specifications, Appendices and other documents, which are an integral part of the Contract, certified by Head of the enterprise.

(Clause 2.2.3, as changed by

the Order of MFERT of Ukraine No 838 of December 22 1998)

(previous amendment of Clause 2.2.3 renewed,

due to invalidation of

the Order of the MFERT of Ukraine No 838 of December 22 1998,

according to the Order of the MFERT

of Ukraine No 413 of June 10 1999)

2.2.4. Copy of Certificate on State Registration, certified by Head of the company.

2.2.5. Certificate of Origin of the Goods issued by the Chamber of Trade and Commerce or Regional Chambers of Trade and Commerce, with identification of commodity code under the Commodity Nomenclature of Foreign Economic Activities (submitted only in case if applying for license to export products).

2.2.6. Copy of banker’s order with the original seal of the bank on transferring through settlement account by assignment of the MFERT or Regional, Kiev and Sevastopol City Directorates of Foreign Economic Relations the state collection fixed by Clause 1 of Regulation of the Cabinet of Ministers of Ukraine No 524 of April 21 1998.

(Clause 2.2.6, as changed by

the Order of the MFERT of Ukraine No 557 of July 28 1999)

2.2.7. As well, business entity has the right to submit documents and information, which acknowledge introduction of actual measures to stop the offence. Such documents and information are considered during the license’s issuing.

2.2.8. Business entity of foreign economic activity has the right to submit conclusion of expert organization as to the rightfulness of contractual price level in regard to market conjuncture for commodities (works, services) to be supplied under certain foreign economic transaction.

(Section 2, as extended with Sub-clause 2.2.8 in compliance with

the Order of the MFERT of Ukraine No 664 of October 9 1998)

2.3. The day of application submission is considered the day of its registration with the Ministry for Foreign Economic Relations and Trade or its authorized bodies, which is certified with the respective record in the registering book.

2.4. In case of incomplete filling of application for the license or failure to submit full set of the documents specified in Clause 2.2 of this Regulation, the documents will not be accepted.

2.5. Business entities of foreign economic activities bear full responsibility for authenticity of the information submitted to the Ministry for Foreign Economic Relations and Trade of Ukraine or its authorized bodies.

2.6. The license, when issued, is valid for the certain term to carry out foreign economic operation.

2.7. The license is granted to the representative of the business entity against properly completed power of attorney for its getting.

2.8. The license may not be transferred to the other persons.

2.9. The license is issued in duplicate.

2.10. Decision on granting or refusal to grant the license will be made within 15 working days from the date of registering application by the Ministry for Foreign Economic Relations and Trade of Ukraine or its authorized bodies.

2.11. Decision on refusal to grant the license can be given in case submitted documents do not comply with the effective legislation of Ukraine, requirements of this Regulation and price level of market conjuncture, as well as in case if the MFERT of Ukraine gets from the state authorities information that business entities of foreign economic activities do not carry out measures to bring its foreign trade activities in compliance with requirements of the effective legislation, or in case of returning currency and material values from abroad.

(Clause 2.11, as amended by

the Order of the MFERT of Ukraine No 420 of July 10 1998)

Decision on refusal to grant the license can be made in written form on the basis of conclusions of Directorates that consider applications as to granting of licenses.

(Clause 2.11, as extended with paragraph in compliance with the Order

of the MFERT of Ukraine No 557 of July 28 1999)

2.12. In case if implementing of foreign economic operations by business entities of foreign economic activities started before imposing on the latter or his foreign counteragent special sanction, the subject gets single (individual) license for this operation within 5 working days after documentary acknowledgement of the fact of implementing this particular part of operation. Information on these single (individual) licenses is given to the respective body of the State Tax Administration of Ukraine.

(Section 2, as extended with Clause 2.12 in compliance with

the Order of the MFERT of Ukraine No 664 of October 9 1998)

 

3. Procedure for considering applications for issuing licenses by the Ministry for Foreign Economic Relations and Trade of Ukraine

3.1. Consideration of applications for issuing licenses is carried out by Contracts and Non-tariff Regulation Directorate with part of Chief Directorate for Export Control, Legal Support Directorate, Directorate for Import Regulation Policy and Domestic Market Protection, and National Research and Information Center for Monitoring International Commodity Markets. Mentioned Directorates and National Research and Information Center for Monitoring International Commodity Markets carry out consideration of contracts within these issues in compliance with this procedure and within limits of their competence:

- Contracts and Non-tariff Regulation Directorate accepts documents for licenses processing, summarizes conclusions of the respective Directorates, carries out processing and issuing of licenses, and carries out processing of decisions on refusal to issue licenses, if necessary.

Acceptance of the documents to process and issue licenses is carried out by specialists with the Contracts and Non-tariff Regulation Directorate in fixed term and in the room specially appointed by the authorities of the Ministry for Foreign Economic Relations and Trade of Ukraine;

- Chief Directorate for Export Control considers the contracts as to compliance of payment terms with the effective legislation of Ukraine in the field of foreign trade, informs Contracts and Non-tariff Regulation Directorate of the Order of the MFERT, in compliance with which business entities of foreign economic activities or their foreign counteragents are subject to special sanctions. Chief Directorate for Export Control, taking into consideration information submitted to the MFERT, in compliance with the requirements spelled in Regulation of Cabinet of Ministers of Ukraine and National Bank of Ukraine No 1044 of December 26 1995 "On measures to ensure control over foreign trade activities and currency control" changed and amended, in compliance with Regulations of the Cabinet of Ministers of Ukraine and National Bank of Ukraine No 1212 of October 4 1996 and No 1967 of December 12 1998, renders recommendations in written form to Contracts and Non-tariff Regulation Directorate as to advisability of processing single (individual) licenses to conduct any foreign economic operations;

- Legal Support Directorate carries out expertise of contracts in regard to their conformity with the effective legislation of Ukraine and international legal standards;

- Directorate for Import Regulation Policy and Domestic Market Protection considers the contracts, provided the contractual Party subject to individual licensing regime carries operations under the Law of Ukraine "On operations with give-and-take raw in foreign economic relations";

- National Research and Information Center for Monitoring International Commodity Markets considers contracts in regard to compliance of contractual price level to the world market conjuncture, indicative prices, and contract terms.

(Clause 3.1, as changed by the Order

of the MFERT of Ukraine No 664 of October 9 1998,

Order of MFERT of Ukraine No 557 amended as of July 28 1999)

3.2. Licenses are signed by the Deputy Minister supervising Contracts and Non-tariff Regulation Directorate. In case the latter is absent, the licenses are signed by the other Deputy Minister in accordance with delegation of powers, fixed by the Minister. Letters with remarks to the documents submitted by business entities of foreign economic activities or with refusal to issue the license are signed by the same authorities.

(Clause 3.2 of the Order of the MFERT of Ukraine

No 557 amended as of July 28 1999)

3.3. Clause 3.3 lost validity.

 (in compliance with the Order of the MFERT

of Ukraine No 557 of July 28 1999,

 thus, Clause 3.4 will be considered the Clause 3.3)

3.3. Business entities of foreign economic activities can appeal the decision of the Ministry for Foreign Economic Relations and Trade of Ukraine judicially.

Appendix 1

to Regulation on Procedure for Issuing Single

(individual) licenses


Single (individual) License No__

For foreign economic operations

Valid until ____________________ (including)

Application No____________________of ________

 

1. Applying organization, location Code of the enterprise (ªÄÐÏÎÓ)
Telephone
Fax
Settlement account in national currency
Foreign currency accoun
2. Foreign business entity of foreign economic activities, location
Bank account
3. Code of
exported/
imported
goods, CN
of FEA
4. Unit of
measurement
5. Quantity 6. Value (USD ths 7. Value
(‘000 in
contractual
currency)
8. Additional
denomino
             
9. Destination
10. Importing/exporting country
11. Country of origin
12. Supply basis
13. Contractual currency
14. Settlement currency








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