On Thursday, October 17, President of Ukraine Volodymyr Zelenskyy signed the law No. 10411amending the Customs Code to implement the provisions of the European Union customs laws. This was reported by UNN with reference to the law card on the website of the Verkhovna Rada.
Details
The adoption of this bill was one of Ukraine's obligations under agreements with the International Monetary Fund, the World Bank, and the European Union.
The adopted amendments are substantial in scope, with the draft law comprising about 150 pages. The next major change to the customs legislation of Ukraine is expected to be the adoption of the new Customs Code of Ukraine, which will be fully based on the EU Customs Code.
Key changes proposed by the draft law:
Adoption of this bill was one of Ukraine's obligations under agreements with the International Monetary Fund, the World Bank, and the European Union.
The adopted changes are significant in scope, the draft Law has about 150 pages.The next major changes to the customs legislation of Ukraine are expected to be the adoption of the new Customs Code of Ukraine, which will be completely based on the EU Customs Code.
The main changes proposed by the bill:
introduce the concept of customs representation, similar to that operating in the EU countries, with the division of types of representation into direct and indirect, the separation of duties and responsibilities of the subject of foreign economic activity and its customs representative; carry out a gradual, within 18 months, transition of enterprises that carry out activities, the control of which is entrusted to customs authorities, to a system of authorizations similar to that in the EU: introduction for customs brokers, keepers of customs warehouses, temporary storage warehouses and others of a single system of criteria and conditions for all customs authorizations (permits), greater opportunities for mutual recognition criteria verified by customs for obtaining subsequent authorizations*, in particular AEO; to introduce the European model of types of customs warehouses and to expand the list of operations allowed for them. Due to this, customs warehouses are given the opportunity to expand the range of their services, in particular by combining them with a customs representation and a number of authorizations for customs simplifications and customs regimes; to expand the opportunities for AEO to confirm the sufficiency of its financial condition, including in the case of negative net assets;introduce a European approach to the application of customs regimes, in particular:
the use of authorizations for placing goods in separate customs regimes, namely: temporary importation, processing in the customs territory, processing outside the customs territory, import (as part of the end-use procedure); introduction of requirements for the conditions for storing documents and keeping records; introduction of a mechanism transfer of rights and responsibilities of the authorization holder (procedure holder); expansion of opportunities for the processing industry: wider use of equivalent goods, introduction of the possibility of export for carrying out separate processing operations outside the customs territory of Ukraine of goods or their components that are in the customs processing regime at of the customs territory of Ukraine; expansion of the list of permitted transactions with goods under customs control and clear regulation of requirements for their implementation; completion and termination of customs regimes, reporting on the completion of customs regime, features of monitoring compliance with the conditions of the authorization granted for placing goods in a separate customs regime ;
bring the provisions of the Customs Code of Ukraine into compliance with EU regulations regarding the delivery, presentation of goods, as well as their storage under customs control;cancel the need to call the customs officer to carry out the movement of goods between the objects of the enterprise, for which different authorizations have been obtained (for example, between the customs warehouse and the authorized consignor or consignee within the same territory of the enterprise);develop post-customs control and combine it with customs audit measures: introduction of the possibility of electronic exchange of requests and documents, formation of acts and certificates based on its results, including through the "Single window for international trade", strengthening of risk analysis at the stage after the completion of customs control and registration; to improve provisions on promoting the protection of intellectual property rights during the movement of goods across the customs border of Ukraine for the implementation of measures provided for by the State Anti-corruption Program for 2023-2025.
In addition, to strengthen the anti-corruption component in the customs authorities, the following will be introduced:
publication on the official website of the State Customs Service of depersonalized texts of decisions based on the results of complaints consideration within three days from the date of their acceptance; the right of customs authorities to exchange information on the customs value of goods in electronic form in the format of international standards for the exchange of electronic information with customs authorities of foreign countries.
This Law shall enter into force on the day following its publication and shall be enforced six months after its entry into force, with the exception of clauses 108 and 190 of Chapter I of this Law, which shall be entered into force on the day following its publication. documents
President Volodymyr Zelenskyy has signed Law No. 6490-d on customs reboot. It provides for a transparent competition for the position of the head of the State Customs Service with the participation of international organizations.