27/ 04/ 2012

On 21 April 2012 new Customs Code of Ukraine was officially published in parliamentary newspaper Voice of Ukraine. As of 1 June 2012, when new edition of the Customs Code (“Code”) will become effective, business is granted a right for customs clearance at any customs office despite legal entity registration.

Among the progressive and positive novelties new Code brings is the right to undergo customs clearance at any authorised customs office in Ukraine, which means that branches, subsidiaries or independent subdivisions of legal entities are granted a possibility to declare goods at any local customs office as against the place of headquarters’ registration.

Prior to the new Code adoption legal entities had to obtain a special “letter of approval” to carry out customs clearance out of the place of registration. The problem was deepened by abuse of authority by some customs officers and their reluctance to re-allocate and loose cash flows. The EBA consistently advocated the necessity to withdraw such burdensome requirement bringing Ukrainian customs legislation in line with EU’s one.

Speaking in general, new Customs Code is a switch to a new level in customs clearance concept and approach. Inter alia, the new Code has unified and consolidated the separate statutory documents in the area of customs clearance. Nevertheless some aspects of customs procedures still need consideration and the EBA will continue advocating the issues of royalty definition in customs value determination, tolling operations at the territory of Ukraine etc.

We would like to thank all EBA members who actively contributed to the refinement of customs legislation. There is still a room for improvement and we will continue going the extra mile to make customs clearance in Ukraine smooth, transparent and free.

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