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 : : Legal Framework
2009-01-01 00:00:00  Print Version



STATE CUSTOMS SERVICE OF UKRAINE

ORDER

July 6, 2005 N 639

On approval of Procedure for submission requests of the State Customs Service of Ukraine to the customs services of foreign states or information of such services

Considering organization of procedure for submission requests of the State Customs Service of Ukraine to the customs services of foreign states to receive relevant information or assistance in investigation of cases concerning violation of customs rules or information of such services on potential offences on the territory of correspondent states I order:

1. Approve the Procedure for submission requests of the State Customs Service of Ukraine to the customs services of foreign states or information of such services.

2. Consider invalid the order of State Customs Service of Ukraine on August 7, 1998 N484 On Approval the Procedure for preparation and submission to the State Customs Service of Ukraine applications from customs on requests to foreign customs services or information of such services.

Control for execution of current order reserve to myself.

 

Head of Service 

V. Skomarovskyi 


 

 

 

APPROVED
by the Order of the State Customs Service of Ukraine

July 6 2005 N 639 


Procedure

for submission requests of the State Customs Service of Ukraine to the customs services of foreign states or information of such services

1. Current Order is applied while the necessity for submission requests to the foreign customs services in case of:

) execution of proceedings by customs agency of Ukraine in case of customs rules violation when became known that relevant information may be obtained just in the foreign customs service;

) if the customs authority has reasonable grounds on potential violation of customs rules which is possible to confirm or contradict only by information obtained from foreign customs service;

) necessity to receive, confirm or contradict for adhering Ukrainian legislation data indicated in the documents on goods (quantity, value, origin etc) provided to customs authority of Ukraine, moved over customs border of Ukraine with an aim of their customs legalization;

) customs authority of Ukraine has information on commitment or preparation of entity of foreign economic activity of customs violation abroad.

In cases foreseen in paragraph a, b, c to the foreign customs service are send requests, in other cases (paragraph d) information on issue.

2. Effect of current Procedure do not cover requests send to foreign customs service for legal assistance in criminal cases investigations.

3. Exchange of information with foreign customs services execute following units of the State Customs Service of Ukraine:

- Department for customs guard and fight with smuggling in the sphere of customs offences;

- Department for customs control in the sphere of customs control;

- Department for customs value in the sphere of customs value adequacy;

- Department for customs and tariff regulation in the sphere of adequacy in defining goods origin;

- Central customs department for laboratory examination and expert evaluation in the sphere of goods classification control;

- Department for materials handling control in the sphere of materials handling control.

4. In case of necessity to obtain information from foreign customs service thus the custom authority of Ukraine submits reasonable application to correspondent unit of the State Customs Service of Ukraine.

5. The application should contain necessity for submission request to foreign customs service, results of pre-check of foreign and economic activity of entity provided by customs authority of Ukraine, expert reports. Such information is a legal ground to execute verification by foreign customs service.

Application should be accompanied with draft request to foreign customs service.

6. Draft request should contain:

- summary of offence or reasonable grounds for suspicion the possibility of its commitment;

- legal qualification of offence;

- pre-check or internal investigation results and reasonable resumes on committed offences (providing confirmatory documents);

- list of strict questions to be verified abroad;

- list of strict actions to be executed abroad.

The draft should be accompanied with the following documents:

- cargo customs declaration;

- agreement (contract) basis for goods supply and its annexes;

- transport documents (CMR, Carnet TIR, bill of lading, manifest, railroad bill of lading etc);

- invoice;

- banking payment documents (in the account settled) or account pro forma (for conditional value agreements (contracts)), other payment and/or accounting documents confirming goods value;

- documents certifying country of origin of goods (certificate of foods origin or information);

- customs declaration from dispatching country (if available);

- license for import (export) of goods subject to licensing;

- catalogues, specifications, price-lists of producer (if available);

- producer calculation for goods the customs value of which is defined (if available).

7. Information stated in the paragraph d point 1 of current Statue should contain:

- brief information on fact of committed out of Ukraine customs offence or on its preparation;

- other data necessary for foreign customs service in order to conduct proper verification.

In case of necessity the information should be accompanied with the copies of relevant documents.

8. Draft request or information should be made by customs authority of Ukraine in Ukrainian and English (authentic texts) or Russian if it is submitted to CIS countries, Estonia, Latvia and Lithuania.

If the draft request or information contains proper names (names of cities, districts, streets, institutions, enterprises, organizations, personal name etc) they should be provided in source language without translation to English or Russian. In case of proper names transliteration is prohibited.

9. Application of customs authority of Ukraine with draft request or information is submitted to the correspondent unit of the State Customs Service of Ukraine via e-mail.

10. Copies of the documents send as annexes to application are submitted according the Instruction on record keeping in the State Customs Service of Ukraine adopted by the order on December 12, 2002 #747. Certification of copies by personal numeral stamp or official stamp of customs authority is prohibited.

In case of necessity as annexes could be provided original documents.

11. All applications of customs authorities of Ukraine and requests to foreign customs services are subject to obligatory registration in Administrative Department and in customs authorities in record keeping service or special control service.

12.

13. To ensure statistic of requests submitted to and received from foreign customs services, control on their execution and operational use of available information the correspondent units of State Customs Service of Ukraine provide separate registration of such requests in Administrative Department of State Customs Service of Ukraine.

14. Unit of the State Customs Service o Ukraine which received application of customs authority of Ukraine should verify availability of all necessary documents, consider such documents and adopts the decision on expediency of submitting request to the foreign customs service.

15. If the unit of Sate Customs Service of Ukraine which received application of the customs authority of Ukraine made decision on impossibility for submission of such request to the foreign customs service, it inform customs authorities of Ukraine in written letter on reasonable grounds for impossibility for submission of such request or on necessity of supplementary verification (internal investigation or modification) on concrete issue with the list of correspondent questions and necessary actions.

16. Basis for refusal in submission request to the foreign customs services:

) failure to meet points 5 and 6 of current Order;

) absence of correspondent agreement or arrangement with relevant foreign customs service;

) inconsistence of request to content requirements of foreign customs services;

) disuse by customs authority of all resources to obtain required information and conduct relevant verification on the territory of Ukraine;

) costs of verification out of Ukraine is extremely exceeds the value of goods of customs offence.

17. After supplementary verification (internal investigation or modification) the customs authority of Ukraine provides received information and documents to the correspondent unit of State Customs Service of Ukraine which verify the availability of all required documents, consider such documents and adopts the decision on expediency of submitting request to the foreign customs service.

18. After receiving respond from foreign customs service the correspondent unit of the Sate Customs Service of Ukraine process the information received and provides the respond to customs authority which initiated request or provided customs legalization of cargo.

If received information confirm the customs rules violation or smuggling, the management of customs authority should take measures to define guilty, document violation of customs legislation and responsible for application of information according to legislation.

19. Preparation and submission of applications of customs authorities of Ukraine and requests to foreign customs services by the correspondent unit of State Customs Service of Ukraine is conducted according the Instruction on record keeping in the State Customs Service of Ukraine adopted by the order on December 12, 2002 #747.

20. Signatory authority on requests and information submitted to foreign customs services has the Head of State Customs Service of Ukraine, Deputy Heads of Sate Customs Service of Ukraine according to their competence, as well as other authorized by Head officials of State Customs Service of Ukraine.

21. If relevant international treaty or annexes or additional arrangements to it foresees other procedure for submission of requests or information thus the procedure of international treaty or annexes or additional arrangements is applied.

22. Department for international customs cooperation of State Customs Service of Ukraine every six months till July 15 and January 15 provides units of State Customs Service of Ukraine and customs authorities with revised information on international treaties which foresee other procedure for submission of requests or information to foreign customs services and list of persons of customs authorities of Ukraine and foreign customs services authorized for cooperation.

23. Execution of current Order is assigned to management of customs authorities and management of units of State Customs Service of Ukraine within the issues of their competence.

  Deputy Director of Department
of international customs cooperation 

 
R. Shuldyk
 




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