December 2007

In Focus – Customs Law
The key constraints to facilitating international trade are the burdensome requirements of border-crossing procedures. Estimates made by experts show that the cost of trade procedures makes up some 4-5% of a total value of trade a figure which is very close to the average import tariff rate for industrial goods in development countries. Simplification of customs procedures, automation of customs points and a government-sponsored campaign against corruption and contraband are expected to receive fresh impetus in the near future…

Law Library
On Cargo Transit Act of Ukraine of 20 October 1999, No.1172-XII

Expert Opinion
Viktor M. Dovhan  Customs Clearance of Goods: Theory and Practice
Any commodity exported from Ukraine must be cleared through customs. The actions by the customs authorities contradict current Ukrainian legislation and restrict the rights of the branches as subjects of foreign economic activity provided, in particular, by the Customs Code, to conduct customs clearance of goods independently from the head organization…

In Re
Mariya Y. Maslova, Nataliya I. Voronova  Protection of IP Objects by Ukrainian Customs
Intellectual Property (IP) shall mean the legal entitlements, which are attached to the results of intellectual activity in industry, sciences and research, arts, manufacturing and other fields. IP law is based on the right of any person to own, utilize and dispose of the results of his or her intellectual or creative activities whose results, also not tangible, shall be owned by the creator and shall only be used by other persons if authorized by the creators, unless otherwise provided for by legislation…

Igor P. Dankov, Denis V. Shendryk  Customs Audit of Business Entities
The customs authorities will gradually shift their focus from maximum customs control during customs clearance procedures to customs control after release of the goods. The customs authorities are likely to be active in pursuing customs audit in the near future, and whether possible, to apply penalties. The main reason for further developing customs audit is the necessity for the customs authorities to verify the customs value of imported goods…

Maksim A. Nazarenko  Importing Cars into Ukraine: General Aspects of Customs Legislation
Ukraine-based subsidiaries of foreign legal entities quite often face the need to import cars, trucks, vans or other transport vehicles into Ukraine. The reason for this may vary from usual activities of a company, like the importing of transport vehicles for the purpose of further leasing or retail car trading, etc, to occasional needs like the import of specialized transport vehicles for business purposes. This article covers the general customs aspects of importing cars as well as other related issues…

Tatiana S. Tugolukova  Cornerstones of Import Customs Processing
There are many practical issues to consider before making an import entry. That is, managing long-distance relationships, organizing international transport and customs clearance, and for sure, one has to be aware of any extra costs involved (including transport, insurance, import duties and taxes). It is common for imports to be delayed or to find that shipment is incomplete or contains damaged goods…

Hot Issue
Nataliya Y. Mykolska, Pavel I. Byelousov  The Gambling Business in Ukraine: to Play or Not to Play? (Regulation of Gambling in Ukraine)
There is probably no other business to have as many aspects of its operations to be regulated by the state as gambling. The extent of such regulation is justified because gambling operators have large amounts of cash that are uncounted and unrecorded as gambling takes place, involving a high risk of fraud and abuse for criminal activities like money laundering, skimming, etc…

Argument
Denis V. Vyrovets  Presence of Foreign Individuals in Ukraine after Ukrainians Entry into the WTO
The General Agreement On Trade and Services (GATS), one of the general documents of the World Trade Organization (WTO), is a significant part of the Marrakech Agreement on the creation of the WTO. It represents the first and sole abridgement multilateral regulation, affecting international trade in services. The object of GATS is not only creation of the general conditions of service provision for all members, but clear and liberal rules on the presence of individuals supplying services under the Agreement. GATS requires distinguishing the types of individuals supplying services, taking into consideration their legal status…

Venue

Trends in Ukrainian Banking Sector

On 6-7 November 2007 the Adam Smith Institute held its Second Annual Ukrainian Banking Forum with a special Focus Day on Retail Banking. This year the Ukrainian banking sector added approximately 70-75%…