04/ 07/ 2011

The EBA continuously concentrates its efforts on creating investor-friendly business environment in Ukraine, free of unnecessary and burdensome charges and guarantees to be paid to state authorities.

One of these charges is security (or equivalent guarantee) payment which should be submitted to customs authorities in order to cover expenses incurred by customs authorities, customs warehouses’ owners and owners of the goods due to ex-officio actions of the customs authorities aimed at protection of intellectual property rights(IPR). The Order of Ukrainian Customs Service No 520 dated 20 June 2007 sets the amount of this Security payment at 5 000 euro.

The EBA continues to advocate the abolishment of this security, since the importers consider this payment as unnecessary to protect their legitimate interests.

Following EBA lobbying efforts, on 12 April 2011 the Ukrainian Customs Service adopted the Order No 304, which decreases the amount of this security to 1 000 euro. Moreover, this security becomes optional – IPR holder or its representative may opt for the reimbursement of expenses connected with the actions of customs authorities aimed at IPR protection through its own working assets excepting the security payment to be submitted to the customs depositary account.

The Draft new Customs Code of Ukraine being actively discussed in the Parliament, does not presume the necessity to lodge such security or guarantee.

Thus, the abolishment of this security of guarantee as the another step forward to the development of comprehensive business climate in Ukraine favourable for the investors.

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